I Am Primitive...

I am primitive. I live in the jungle. Race, colour, creed, gender...are all unimportant. I ignore them. I hunger for my own. I thirst for knowledge. I hunt the uninformed. I have things to tell them. I am neither right nor wrong. I just am.



I am primitive. I live in the jungle. I step with purpose. The only laws are those of nature. I learned long ago from my ancestors that we do right because it is right. I do not search for the creator. I accept it's existence. I teach the younger and respect the elders.



I am primitive. I live in the jungle. I live among the civilised and watch them mistreat each other. I do not understand it. I live without greed. My needs are simple and few. Wanting is a drug. The civilised use it. I watch the civilised kill their own merely to gain the material. I am content in the jungle. Are they?



I am primitive. I live in the jungle. My jungle is neither trees nor caves. It is concrete, steel and suburbs. Farms are a memory. The civilised follow the machine. I follow my heart. I learned long ago to be myself.



I am primitive. I live in the jungle. I am made to feel like a monster; an aberration.



Are you primitive like me?

Mistrial? Here we go again! LOL

So my sentencing date was pretty much 'much ado about nothing'. I got there @ 8:20am for my 8:30am sentencing...and of course, it was a typo on my form. No one else was there til 9:00am! LOL

Another hour goes by, pretty much everyone piddling about...the one clerk was on the phone checking into purchasing a car for her daughter, the other clerk was doing some filing and the court reporter didn't even show til about 9:30!

The judge then asked to see both lawyers in chambers...WTF? I knew then that something was up. My lawyer came out about 10-15 minutes later with an odd look on her face and the ADA pretty much bolted. My lawyer then informed me that my trial had been declared a mistrial!

So as it stands, to my knowledge and understanding, the last trial pretty much has been rendered moot. So, a date has been tentatively set for a retrial (here we go again!)...but I have to wonder IF the DA will even continue to attempt to prosecute me. It seems to me that it would be a stupid move politically and economically.

Let's face facts; trials cost a lot of money. The man hours involved are pretty high. To waste that kind of money, in this current economic and political atmosphere, is just stupid. I could see if I was considered a threat to society (which I'm not) but the reality remains that this is a low level misdemeanor and as I've no prior convictions, the worst they can really do (unless they really want to be dicks about it LOL) is probation...which will cost more money. Jail would be even less economically feasable. I don't see the county picking up the tab for my medical costs, as well as providing me 3 heart healthy meals a day. Last I checked, bologna on white bread & Kool Aid doesn't qualify as "heart healthy". LOL

So....I'm still stuck in the legal grey area...but I'm still a FREE MAN! And still an INNOCENT MAN to boot! As I've always said, an honest and innocent man has nothing to fear...unfortunately, lawyers lie like the devil to twist things around to fit their motives. Ethical? I think not. Just look at the facts and weigh them.

Speaking of facts, allow me to reiterate. I've never said that an incident DID NOT occur. It did. I was attacked by a client (punched in the eye, without provocation) and reacted by knocking him down, thus getting him off of me. No one was injured (OK, I had a very small bruise under my eye...no biggy) and the incident ended. Unfortunately, so did my 20+ year career....

Stay tuned kids!

Countdown Starts Today...

OK, it's Sunday. Countdown to Friday begins NOW!

What's the importance of this Friday, aside from it being the start of a new weekend? Well, in case you're unfamiliar with my legal mess, let me put it in a nut shell for ya.

Back in November 2007, I had a heart attack. Life had been a bitch for some months personally and financially but everything was finally coming together...and then the heart attack. Being a generally resilient guy, I bounced back pretty quickly and was ready to get back on my feet...along with my new $80k hospital bill dogging me. I'd been working in the MH/MR field (mental health/mental retardation) for over 20 years and had spent the last 3 years self-employed (using an employer of record, as per the state's regs). I was ready to get back to work and sort out my finances. Things were coming together.

Well, on my 2nd day back to work, I was attacked by a teenage client. He landed a really good punch to my right eye and as my back was against the wall (literally, a kitchen counter) I instinctively reached out and knocked him down. Sounds simple enough, right? Wrong. Along with the ensuing mountains of paperwork and investigations that I knew would be involved, as well as most likely losing my employer of record, the client's family decided to file assault charges against me! Mind you, I had been attacked and simply tried to get the client off of me. I was literally sick due to this mess. I'm really surprised I didn't have a 2nd heart attack. I voluntarily met with the police to make a statement. An honest man has nothing to hide.

My 1st court date (of many) was in February of 2008. By this time, the county's CYF (Children, Youth & Families) division had completed their investigation and had ruled the allegations to be UNFOUNDED. I thought that this would put an end to the mess....boy was I wrong! Childline, the state and county all declared the allegations UNFOUNDED but I was still being dragged to court. The magistrate sent my case on to the grand jury for criminal indictment. I knew then that things were going to get ugly.

Over the course of the next 18 or so months, I worked with my attorney at trying to solve this mess. I even agreed to plea to a summary charge and do community service and seek whatever therapies the judge might order...but no, the client's family had it in their collective head that I should receive no less than the death penalty for this! They actually told the district attorney that they wanted to see me go to the electric chair over this! FYI: simple assault (what I was being charged with) is a misdemeanor...not a capital crime. But nevertheless, I was pretty upset by this. I just wanted it all over so that everyone could just get on with our lives.

Allow me to clarify something: the client was NOT in any way, shape or form injured when I knocked him off of me. Not so much as a mark on him. And...he was the one who attacked me. I could have lied and said that nothing happened and it all probably would have ended. Sometimes, honesty opens a can of worms.

During all of this, I was doing whatever freelance work I could get, as well as playing in my band. A 40-something guy with a heart condition and a pending criminal case usually isn't what most potential employers are looking for. I got by...but just barely. My medical bills were racking up, and my other bills were too. I had started classes for an associates degree in surgical technology, as I knew it was time to get into another line of work. My professional reputation, which had been stellar before all of this, was now in ruins...as were my finances. Due to having to miss a ton of classes due to my legal mess, I was forced to drop out of school. (I still plan to return once this mess finally ends) I was getting all A's (except for a B in Physiology). My mood was pretty low...but I still managed to carry on.

I was averaging at least 1 court date every six weeks throughout 2008-09. Each time this meant losing a day of work (if I had it) or a day of looking for work. This put my finances even farther in the hole. It was also putting a heavy strain on me personally. I tend to internalize a lot of my feelings and found myself becoming very agitated whenever another court date was coming...especially as these court dates always ended up in yet another continuance. The mess just seemed never ending.

Finally, in the spring of 2009, it was decided (and not by me I might add) that the case would go to a jury trial. 2 different judges refused to hear the case as it was considered stupid and had become somewhat of a joke in the court house. Finally, in June a jury was picked and a court date set. The jury pool was, in my opinion, poisoned by a potential juror screaming at me during questioning. He had made up his mind, without benefit of facts or evidence, that I was guilty.

I had to contact some of my friends to appear as character witnesses. Luckily, I have some great friends and I can tell you, it's a very humbling experience to hear what people really think of you...especially under oath!

My trial was a joke. I was considered guilty from the start thanks to the poisoned jury. My lawyer caught the client's mother in lie after lie. The police officer who responded to the call (also the same one that I gave my statement to) clearly stated that no injury was present and that the family refused to have the client seen by a doctor...that day or any other. The judge refused to allow the findings of CYF's investigation...so it was pretty clear to me that his motives were less than judicial.

The jury deliberated the rest of the day and we were told to report back in the morning. The jury was still out but finally around 10:00am they had a verdict. I, along with my lawyer, reported back to the court room. The verdict was GUILTY of simple assault. FYI: in the state of PA, to prove simple assault, 2 things must be proven: intent and bodily injury. IF I had any intent whatsoever, it was to end my being attacked. There were no injuries (aside from me having a small bruise where I was punched). Upon interviewing the jury, my attorney was informed that I was found guilty because I "should have known better". WTF????? The jury completely ignored the facts of the case as well as the judge's 7 pages of instructions. The client's mother reacted as if her favorite sports team had just won the big game! I was stunned to say the least.

The judge decided to postpone sentencing for 2 months. Since then, I've been working regularly at my boring job and trying to make plans for the future...but those plans are limited as I don't know whether or not I'll be in jail. I normally wouldn't think so but this case has been anything but normal! Hell, I wouldn't be surprised if they gave me the electric chair at this point!

My lawyer has been filing motions and appeals. I've met with the Adult Probation Department for a pre-sentencing report. I've had all of these people snooping into my private life. For some reason, they needed to know the details of my previous marriage and divorce (I was divorced in 1994!). It all still goes on.

My sentencing date is this Friday, August 21st. I'll find out then just what is going to happen to me. If you don't hear from me for a while...I'm probably in jail. My lawyer and I plan to appeal this all the way. This has been a travesty of justice and while I'm not usually a paranoid person, I can't help but feel that somebody in high places has it out for me! All I want is a normal life again.
My professional career has been destroyed...and I really loved the work that I did. My finances are well past repair (unless I happen to win the Powerball!). Yet I still muddle through.

OK...this should bring everyone up to speed. I'm still the same old me. Silly, goofy, etc. I still try to maintain an optimistic outlook on life. I still hold my faith dear. I WILL clear my name. And then it's my turn at bat.

Thanks to my friends and family for all of the love, support and friendship through this mess. Karma will no doubt reward you. -MM

The Greatest is gone...

Les Paul died today at age 94.



For those of you who have lived under a rock in a cave your entire lives, Les Paul was possibly the greatest guitarist who ever lived. He was also responsible in part for almost every bit of music you've ever listened to. How you may ask? He pretty much invented multitrack recording. Without Les Paul and his whacky, wizardous, ideas, music would not be what it is today.

Last night, I dreamt that a friend and I were dueting on Les Paul/Mary Ford songs. All morning long, I was humming old Les Paul songs. Mind you, this itself isn't unheard of...but its not where my mind has been lately. At work, around 1:00pm EST, while humming one of the guitar parts to "Waiting For The Sunrise", I received a text message that Les Paul had died of complications from pneumonia. I was greatly saddened by this. Not so much because he passed away...the man had a long, rich, meaningful life. He'll be remembered for thousands of years. No, I was saddened because I only got to see him play live once, and was too damned young to fully appreciate his amazing talents.

Just a few months ago, my friend Sean offered to put me up in a hotel room in NYC and pay for my ticket to see Les Paul at the Iridium Club. God how I wanted to go! But finances and legal troubles prevented me from getting there. Hell, I was ready to hitchhike if necessary! but I had to make one of those grown up decisions. Sean had a great time and even got to meet Les for a bit. Sean informed me that although Les was slowed a bit by arthritis, his playing was still as amazing as ever.

While I was admittedly envious, I was glad that my good friend got to see Les Paul. When I look at these photos from the show, I can see a familiar look in Les Paul's eyes. Its the look every guitarist I know shares. A look of wonderment and awe at the magical instrument we hold and play. It was heartwarming to see Les, in his 90s. a man who was considered a god among men by his peers, sharing that same look that we pickers all do.

Muhammed Ali used to say that he was "The Greatest". That statement, coming from most men, would be pure boasting. But Les Paul never needed to...everyone already knew he was the best and Les just took it all in stride. I've read many times how he was still continually amazed at the many different styles of guitar playing there are and the many ways that musicians communicate with the guitar. In most cases, we wouldn't be communicating the way we do with them if it hadn't been for Les Paul. As if being the greatest guitarist and inventing multi-track recording wasn't enough, he essentially, if not invented, at least perfected the solid body electric guitar. His is the name on one of the most popular models ever.

If you've never listened to the man, do yourself the favor...listen. Whether he was playing hillbilly in the 20s, blues in the 30s, jazz in the 40s, pop in the 50s or country in the 70s (with the legendary Chet Atkins), his playing was just simply amazing. He would throw in licks that would just stop you in your tracks. In the old days, you'd lift the needle and play that spot again. Tapes made rewinding to those spots even easier and digital even easier still...but no one has yet to master Les Paul's style or sound. The closest was my late friend Danny Gatton. And he always wanted to impress Les with his ability to copy him...but Les was unimpressed. His reaction was, "so what? I did that 40 years ago!" and he'd give Danny a good natured laugh.

The greatest there ever was is gone...but he's not likely to ever be forgotten. Rest in peace Mr. Polfus. You inspired so many. And really, what more can a man hope to achieve?

-MM

photos courtesy of Sean Chambers

My Cure for Health Care Reform

OK, this has long been an issue that I care strongly about. Health Care should not be an "issue", it should be a basic human right. Anyone that wants to argue THAT with me, please feel free. If you've ever suffered a major health issue, or had a loved one with a life long disorder, then you already know how expensive it is. Healthy people, while the majority, have no idea how lucky they are...nor do they realize how quickly all that can change.

Sooooo...

According to the 2008 US Census, there are 304,059,724 people living in the US. That's just over 304 million. I'm using that figure as the basis for my equation. If the government were to institute a fractional sales tax, across the board, it would add up like this:

At 50 cents per day (minimum), that would add up to $152,029,862 raised per day or $55,490,899,630.00 per year. Yes, that's in excess of $55 billion. And thats a very minimum number. With a fractional, NATIONAL sales tax included in the price of everything we purchase, the number would be greater still. And it wouldn't be effecting any one group differently than another.

Rich people spend money. Middle class people spend money. Poor people spend money. Hell, even the homeless spend money! With a fractional sales tax (something as feasably low as .025%) this money could be raised...and none of us would "feel the pinch". So the price of something goes up anywhere from a penny to a few dollars (for really pricey items). Are you really going to notice it? And then, should the time come that YOU or a loved one needs to see a doctor, have tests run, spend time in the hospital, take medicine, etc...YOU WILL BE COVERED!!!!!!!! The insurance companies would be forced to offer "private insurance" to those who want it. And I can tell you, their premiums wouldn't be as insanely high as they are now! AND they would be more inclined to actually PAY OUT!

Sure, let some economists crunch my numbers. They'll see that it works. But Congress will most likely fight it...why? Because it makes sense and they don't get to give handouts to their pet lobbyists or special interest groups.

Well guess what people...the only special interest group that I give a damn about, especiialy on this issue, is my fellow Americans! This is good for ALL of us!

Sure, Congress will have to do something to keep the corporate world in check...and that might be a good thing too! It could bring about the end of the daily rip offs, frauds and scandals. (Oh who am I kidding! LOL)

But seriously, this works out to $182.50 per person per day that could be spent on health care...and guess what, most of it WON'T be used unless it's necessary! This won't create a nation of hypochondriacs...anymore than we already are! Most of you will go years without needing to spend a dime on health care...but wouldn't you feel better knowing that you're covered when/if you do?

Think about it.

MM

It's just me again....

Yeah, like I really needed yet another web presence! LOL But as I've always got something on my mind, something to say and a love for writing, I figured it was time to create a blog...why? Because I like the word blog, OK? LOL

So, as this blogscape grows, you'll find me rambling on about the sorts of things I care about...or just happen to catch my fancy that day.

Stick around kids...it's about to get interesting! LOL