How I will vote ...
.comment-link {margin-left:.6em;}
Aging people discover to their great dismay, that many of their newly acquired infirmities no longer run a self-terminating course. Disabilities linger and even worsen. For agers, it's much like when one asks Windows to "restore" itself after a major computer glitch and it reports "Sorry, Windows was unable to restore to that date." And when it comes to analgesics, oldsters find them frustratingly less effective than before, perhaps because of our steadily diminishing capacity to secrete dopamine and other feel good hormones. No doubt about it, the capacity to self-restore swiftly withers with age. But there is a definite upside to getting older ~ as the years go by we have much more to look back upon, providing we have retained our memory.
By the time I was ten (80 years ago) I was already an inveterate reader of the New York Times. It is hard now to say why I was drawn to it and why I became so trusting and loyal a reader. Perhaps its objectivity fascinated me, even though I could not then have clearly defined that concept. In any case, I do remain a loyal reader to this very day, although I am no longer as trusting as I used to be.
My first major disenchantment with the Times occurred when I was a student at NYU. While browsing in the Archives Section of the NY Public Library, I came across copies of the Times that were printed in the early 1860's. They startled me! To my surprise, its editorials were strongly opposed to Lincoln and the Civil War and strongly supportive of General McClellan, whose reluctance to fight eventually caused Lincoln to put General U.S. Grant in his place. And I also recall that I was equally struck by how even the State of NY was opposed to Lincoln and the Civil War. In retrospect, how could the Times and NY State have failed to grasp that Lincoln’s goal to preserve the Union and end Slavery was of such transcendent importance. In retrospect, who can dispute that the Times then, was clearly on the wrong side of history. Is it possible that this newspaper's current stands will be similarly judged as wrong, by history still to be written!
Whither goest thou, my falsely esteemed Gray Lady? Your stridently partisan editorial pages have become so divisive and so alienating, I now feel "disenfranchised" from you. So unalterably partisan have you become, it would not surprise me to see you endorse the Devil himself, if he were to decide to run against a Republican opponent. Your Letters to the Editor section, has morphed into your editorial writers' echo chamber. Indeed, it sometimes seems that many of its letters are ghost-written by them. Although you allot token space to one or two conservative columnists, your echo chamber has already shelved Safire and it has begun to do the same to David Brooks, one of the brightest young thinkers to grace your pages in decades. In the meantime, your choir unceasingly genuflects to your Liberal columnists Krugman, Kristof and Herbert and it has practically canonized Maureen Dowd, whose brand of venom properly belongs on a tabloid.
Robert Bruce Kenney, my son-in-law, is an attorney. He has just plead before the New York State Court of Appeals, what could eventually be a precedent establishing case.
Six years ago, Kenneth Payne, a Shelter Island resident, shot and killed his former best friend. His victim, after being charged with sodomizing an 8-year old girl, had evidently also threatened to sodomize Payne’s girl friend and daughter. Payne was subsequently convicted by a Suffolk County Jury and sentenced 25 years-to-life. The jurors were given the choice of convicting him because of "depraved indifference" or "intentional murder." Unaware that the sentences for each would be identical, they declined to convict him of "intentional murder" because they were evidently impressed by some ambiguous statements he had made prior to and just after he shot his victim.
But because my son-in-law believes that Kenneth Payne showed neither "recklessness nor indifference" as to whether his victim lived or died, and because he used an elephant gun to shoot him at point blank range, he should have been convicted of "intentional murder." RBK is trying to persuade the Court that the jury committed a judicial blunder. If the Court agrees, Kenneth Payne could be released from prison.
In retrospect, it is possible that this jury, with fate’s connivance, had sought and found a legitimately judicial way for a community to express its gratitude to one of its good old guys for exterminating one of its really bad old guys. Perhaps the jurors intuitively knew that by their "contrived decision" this man might one day be set free?
<<>> As the Court weaves its path through thickets of judicial ambiguity, I am mindful of how Shakespeare’s Venetian Court carefully phrased its directive to Shylock (in order to keep him from exercising his valid demand for his debtor’s pound of flesh) ~ "Therefore [Shylock] prepare thee to cut off the flesh. Shed thou no blood, nor cut thou less nor more but just a pound of flesh. If thou takest more or less than a just pound . . . thou diest, and all thy goods are confiscate!" Shylock won, but lost! Payne lost, but may yet win!
We will revisit this case when the Court of Appeals hands down its decision.