tag:blogger.com,1999:blog-56555092011-09-30T11:39:54.626-04:00In shadows cast by the sickly gleam of high profile cases, it is the common men and women who disappear into silence. This blog is dedicated to Kirstin Lobato, and all others who have been harmed by the failures of justice.Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comBlogger651100tag:blogger.com,1999:blog-5655509.post-1127133091607326462005-09-19T07:58:00.000-04:002006-10-10T15:11:59.686-04:00

So, let's say you're a lawyer for the State or the defense. You have a part to play in making sure truth and justice and law win out. So, in the course of a trial, you must ask yourself: what kind of evidence do I allow into trial, and what do I fight to keep out? And why?Well, those questions can have many answers. But if you are interested in neither truth nor justice, you might turn to Kirstin

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1126619598626619102005-09-13T09:41:00.000-04:002006-10-10T15:11:36.226-04:00

(Or, "The Curious Tale of Sherlock Holmes' Retarded Little Brother")...Everyone has their own view of what constitutes a smoking gun, where something serves as indisputable evidence or proof of what has or has not happened. Usually, I'd expect that detectives will recognize one when they see one. So much for my expectations.A little background: the body of Duran Bailey was found behind a dumpster

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1126539775931621092005-09-12T11:42:00.000-04:002006-10-10T15:10:48.126-04:00

Prosecutor Bill Kephart argued in his final argument to the jury that Kirstin Lobato murdered Duran Bailey in spite of overwhelming evidence of innocence. Faced with the reality of this, this prosecutor had to bolster a number of his points to make them more believable.This was the last word to the jury before they went back to deliberate. Kephart, Nevada's lead prosecutor in this case, did the

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1126025885874950722005-09-06T12:29:00.000-04:002006-10-10T15:10:39.630-04:00

When Kirstin Lobato was talking to the police about being attacked by a would-be rapist and having to use her knife to defend herself, she admitted that she had been on methamphetamines for three days straight. She has always maintained the attack happened in late May of 2001, and that she returned to her home town of Panaca, 170 miles away from Las Vegas, in the early part of July that year.

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1125584760527928192005-09-01T10:24:00.000-04:002006-10-10T15:10:30.913-04:00

I have covered some of this before, but it is worth covering again because it is so important. In the final argument of the day by Bill Kephart, he sought to undermine the fact that Kirstin unknowingly told the officers on July 20th that the attack she was describing was way outside the time frame of Duran Bailey’s death on July 8th, 12 days before the police came to her door.Q (Officer) And how

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1125412302157729072005-08-30T10:31:00.000-04:002006-10-10T15:10:17.776-04:00

Prosecutor Bill Kephart had the last word before the jury went back to decide on Kirstin Lobato’s guilt or innocence. In his closing argument, there are several things to take issue with. One is his supposition that the murder victim, Duran Bailey, was expecting a sexual favor when he was assaulted by surprise by Lobato. In doing this, he is building on the same unsubstantiated theme of a

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com78tag:blogger.com,1999:blog-5655509.post-1124999706927013292005-08-25T15:54:00.000-04:002006-10-10T15:10:02.276-04:00

With little evidence to go on, and faced with opposing evidence of her innocence, Nevada State prosecutor Kephart had to do what lawyers are best known for: he had to literally convince the jury to buy his theory.(I wonder if that is some kind of lawyer fantasy. No real evidence to speak of. Just one lawyer, just one argument. Mano y jury-o.)Anyways, what I am pointing out here in The Final Word

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1124891715301078692005-08-24T09:01:00.000-04:002006-10-10T15:09:44.856-04:00

This is going to be a trend of posts on this blog.I really despise Kephart's final argument for many, many reasons. It is a crucial part of how she was convicted, especially because his argument was the last to be heard by the jury. But he was a master of misstating evidence. Kohn, Kirstin's public defender, called him on it a couple times, but the vast majority of the time it was slick enough to

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124810464687652722005-08-23T11:20:00.000-04:002006-10-10T15:09:30.176-04:00

Violence is traumatic. At least, it is at first...People tend to think that sensitivity equates to weakness. If so, then callousness is the same as strength. I don’t think either one is true. But it is not a bad thing for a person to be afraid of harming another person. I have a good friend who is quick to apologize for any perceived slight. She feels guilty if she thinks she’s hurt someone’s

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124709397497539632005-08-22T07:10:00.000-04:002006-10-10T15:09:19.906-04:00

"Whistling Dixie" - A term used to refer to a pointless or unproductive activity.Dixie T. is probably not the Lobato family's favorite person. She was, after all, the catalyst for the events which led to the police knocking on Kirstin Lobato's door, and her meandering (absent-minded?) comments gave the prosecution a few things to create conjectures from. Which they did. A lot. With everyone. You

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124462739647071462005-08-19T10:38:00.000-04:002006-10-10T15:09:05.396-04:00

In late May of 2001, Kirstin Blaise Lobato (nicknamed "Blaze") defended herself from an would-be rapist by slashing at his groin. A little over than a month later, a homeless man named Duran Bailey was killed on or about July 8th, 2001. Among the many injuries contributing to his death was the severing of his member. That injury drew police to Kirstin, who was arrested for Bailey's very brutal

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124375446933709222005-08-18T10:29:00.000-04:002006-10-10T15:08:54.440-04:00

Author's note: This entry was long enough to come in two parts. The second part is below. All emphasis added by me.Kirstin Blaise Lobato, whose nickname is Blaze, has spent more than 3 years in prison for a crime she did not commit. That trial has been reopened, which means that she is now innocent until proven guilty once more. She is still incarcerated, however.Both the reason she ended up

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124371357536607602005-08-18T09:21:00.000-04:002006-10-10T15:08:43.123-04:00

Speaking of lies, let’s see what Martin told the court about what Kirstin said to her:- That Kirstin admitted cutting a man’s penis off and stuffing it down his throat. (Martin offered this information twice, both times without prompting by either side).- That Kirstin worried about blood being in her car.- That Kirstin had hit the man in his face and his teeth had come out.- That Kirstin had

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1124212616447417802005-08-16T13:16:00.000-04:002006-10-10T15:08:33.696-04:00

Here:http://www.justice4kirstin.com/phpBB/index.php

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com6tag:blogger.com,1999:blog-5655509.post-1099072814897899012004-10-29T13:29:00.000-04:002006-10-10T15:08:24.666-04:00

$500,000.00 is a heck of a lot of money.Nevertheless, that is what has been set as bail for Kirstin Blaise Lobato for her new trial. Now, there's a few reasons for the stellar amount being demanded here, such as the standards given for a specific type of crime and the requests of the same prosecution who prosecuted her to the same judge that oversaw the original trial. But the main factor here is

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1098456316142237802004-10-22T10:41:00.000-04:002006-10-10T15:08:14.810-04:00

On Thursday - 6 days from now - Kirstin Blaise Lobato is going to be going before the district court for a bail hearing. This is the precursor to a new trial, due in mid-November. True justice could not hope for much better news, because justice has been severely damaged in this process. But as with any injury: if there is proper treatment, recovery can begin.The case is not "in the bag" as they

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com0tag:blogger.com,1999:blog-5655509.post-1093101639148314172004-08-21T11:18:00.000-04:002006-10-10T15:08:06.350-04:00

Hello Justice4Kirstin Campaign members and supporters,I hope you are all well.I wanted to share with you a couple of items of interest that are currently in the works regarding Kirstin's case.The campaign has been contacted by Cali Ruchala, a journalist in the true sense of the word. He is very interested in Kirstin's case and will be writing an article or perhaps a series of articles detailing

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com1tag:blogger.com,1999:blog-5655509.post-1077215436384218432004-02-19T13:30:00.000-05:002006-10-10T15:07:56.823-04:00

I've briefly touched on today's topic before, but I feel it deserves to be given more coverage.Kirstin Lobato's unfair trial has certainly cost her a great deal, and it has cost her family and friends as well. But there is something universally threatening about the events of her trial in particular which should make the question of her innocence vastly more important to women in America. And I'm

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1076512166158973392004-02-11T10:09:00.000-05:002006-10-10T15:07:47.720-04:00

I watched Wonderland the other day, which was basically a movie about murders in Southern California. It was based on a true story, and at the end they had a series of blurbs about what happened to the people involved. In 2000, the person who ordered the extremely brutal, multiple murder crime, was given 37 months (just over 3 years) for his involvement. He is now a free man. Almost everyone else

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1076010930724141032004-02-05T14:55:00.000-05:002006-10-10T15:07:39.763-04:00

The delay for Kirstin's appeal has ended. It has been rescheduled for March 8th at 9:00 am. Kohn will be handling her appeal, and it may be months before they come to a decision. Though I hope it will be sooner.The message board has gone, apparently due to problems with the web server. The main campaign web pages are still up, and through them you can contact campaign team members who will be

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1075432284932770602004-01-29T22:11:00.000-05:002006-10-10T15:07:14.590-04:00

So sayeth Anne Leclair, president and vice chief executive of the San Mateo, CA County Convention and Visitors Bureau to a reporter after learning that the murder trial of Scott Peterson had been moved to San Mateo County. In case you're wondering about the crime that inspired these "wonderful" trial events, the story includes a victim that was an almost-born child and its decapitated mother.I'll

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1072098916790490872003-12-22T08:15:00.000-05:002006-10-10T15:07:06.096-04:00

Despite these Hollywood days, where one man or woman can single-handedly 'fight the good fight' no matter who the foe is or how great the odds, civilization rarely sees such a singular battles. More often, difficult times are overcome through the work of many, rather than the few or the one. I have said before, we do what we can, and I think this is worth repeating.What can I do? This question

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1071666805253084542003-12-17T08:13:00.000-05:002006-10-10T15:06:25.556-04:00

What a pleasant surprise. Wow. That's big.I have been counting down the days until Kirstin's appeal, on January 13th. It would be nice to be there for support, if I could be, but I will be anxious to find out how it goes. Just to be clear on where we stand (for those who are curious): having the entire thing thrown out would be the absolute best, but I think settling for a re-trial would do.

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1070894355746955812003-12-08T09:39:00.000-05:002006-10-10T15:06:10.633-04:00

IndexingAlright, because the campaign has been picking up steam, so to speak, I think more people are going to want to know more about the things that Kirstin Lobato's supporters say show her innocence. From the start, and especially after reading the court transcripts, I've done a lot of writing about those matters on this blog.Which, of course, is the problem. I've talked a little too much.I

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1070508825623989522003-12-03T22:33:00.000-05:002006-10-10T15:06:00.663-04:00

Oh yeah...Kirstin's birthday is on the 14th of this month. Birthday cards from supporters would probably be a nice surprise. You can find her mailing address here.

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1070454312660710512003-12-03T07:25:00.000-05:002006-10-10T15:05:51.543-04:00

Hey everyone...I hope your holidays are going well.As you may have guessed, I've been rather busy lately. It started with inventory, and now I'm doing internal auditing. That's the problem with having a seasonal product. During the slow down period all the busy work gets done, and I get dragged into it.But enough of my whining. This campaign has been gaining momentum. In part, this is because of

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1069161305391224592003-11-18T08:15:00.000-05:002006-10-10T15:05:37.863-04:00

The "Justice" SystemThe word justice isn't in quotes merely to express disgust. The so-called justice system - as it exists - has absolutely nothing to do with justice. It is a moniker...a warm and fuzzy description plastered to the truth like paper mache to the raw bones of a parade float.What is actually being referred to is a system, and nothing more. In many ways, this system is like a

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1068473438729261022003-11-10T09:10:00.000-05:002006-10-10T15:05:25.440-04:00

Reasonable Doubt - Part 9The Greek philosopher Socrates said "I know nothing." For that, he was declared the wisest of men.In a sense, that is true for all of us. There is nothing we can know with absolute certainty. If you have seen the Matrix, or at least heard of the movie's premise, then you have been introduced to a variation on the philosophy illustrated by Rene Descartes who surmised that

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1068125314713052782003-11-06T08:28:00.000-05:002006-10-10T15:05:15.370-04:00

My apologies for my absence. I had a number of things to take care of over the last week and a half or so, and it ate up most of my time. But they've been pretty much wrapped up, so I'm as good to go as ever. Thank you to those of you who showed your concern.Now back to your regular programming...Reasonable Doubt - Part 8Thomas Wahl is a forensic scientist who worked for the Las Vegas

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1066999709809854182003-10-24T08:48:00.000-04:002006-10-10T15:05:02.923-04:00

Reasonable Doubt - Part 7If this wasn't so serious an issue, I'd probably laugh.From the evidence found at the scene of Duran Bailey's murder, at least one "item" seemed like it was taken straight from an uninspired plotline and applied to a second-rate film. Those bloody footprints - especially the one leading away from the body - summon images of a Warner Bros. cartoon directed by Wes Craven.

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1066740697265877032003-10-21T08:51:00.000-04:002006-10-10T15:04:52.046-04:00

Reasonable Doubt - Part 6Today's piece is going to be part of a trend over the next couple of blogs, this time about the forensic experts the prosecution brought to the stand. These experts were the witnesses that were either there at the scene of Bailey's murder, or going over the evidence collected from there. What follows is going to be a basic summary of their testimony mixed with actual

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1066246588535346882003-10-15T15:36:00.000-04:002006-10-10T15:04:36.856-04:00

Liar, LiarMs. DiGiacomo and Mr. Kephart are the prosecutors. Their witness is Korinda Martin.MS. DIGIACOMO: Okay. You recall speaking to Mr. Kephart regarding what you wanted, a parole board letter?THE WITNESS: Yes.Q (By Ms. DiGiacomo) And what was it that he told you?A He said he couldn't promise me anything.Q And, in fact did he say anything regarding perjury? Do you remember that?A Yes.Q What

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1066226194218072042003-10-15T09:56:00.000-04:002006-10-10T15:04:26.453-04:00

Reasonable Doubt - Part 5I'm doing a study in contrasts today, and the reason for it is simply to show the unbalanced weight of testimony on both sides.If you don't know what this is about yet, then here's the nutshell. Kirstin Lobato was convicted for the murder and mutilation of a man named Duran Bailey despite reasonable evidence of her innocence. One of the main sources of evidence for the

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1066060705290440022003-10-13T11:58:00.000-04:002006-10-10T15:04:16.433-04:00

Reasonable Doubt - Part 4If there is any conduct that truly makes me seethe, it is hypocrisy that harms another person. I don't care that much about minor, personal hypocrisy...like where you tell a single friend they should get out more when you're too shy to go out and find a date yourself. In that sense, personal hypocrisy is like lying (which I also feel should bear vicious consequences if it

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1065802489736741192003-10-10T12:14:00.000-04:002006-10-10T15:04:07.436-04:00

Detective WorkI will continue with the Reasonable Doubt posts, but I have ben a bit pressed on time this week. Luckily, some of the people who are part of this campaign have put one of the issues in question about Kirstin Lobato's trial to the test, and I will post that here today.A short background: The Lobato family's elderly neighbors, who live across the way, have habit of taking walks every

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1065536202910140952003-10-07T10:16:00.000-04:002006-10-10T15:03:56.470-04:00

Reasonable Doubt - Part 3One of the most amazing things about this case was the long litany of forensic specialists the prosecutors brought forth. One after another, they confirmed that they had no forensic evidence of Kirstin Lobato being present at the scene. The prosecution pushed them to explain why they may not have gotten any evidence, but this was merely the use of a wide brush to paint

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1065122316262790592003-10-02T15:18:00.000-04:002006-10-10T15:03:42.553-04:00

Let's say I had a $100 bill. Would you want it? I mean, no strings attached. Just "Hey, do you want a hundred bucks?"Okay, yeah...why not? Well, what if I crushed it up into a little ball? Would you still take it?And what if I threw it on the ground and stomped on it? Would it still be worth something to you?Well, it is a hundred dollars...probably useful for something. But would you still want

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1065098842143018382003-10-02T08:47:00.000-04:002006-10-10T15:03:34.026-04:00

Reasonable Doubt - Part 2The U.S. Supreme Court has set down this standard: the prosecutor's duty in a criminal prosecution is not that it shall win a case, but that justice shall be done. In pursuit of that duty, there is no just reason for trying to establish a burden of proof based on unproven facts.For example, in the defense argument Kirstin Lobato has been at home - roughly a two or three

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1065014558271456082003-10-01T09:22:00.000-04:002006-10-10T15:03:21.936-04:00

Reasonable Doubt - Part 1Bill Kephart, the lead prosecuting attorney in Kirstin Lobato's case, is deceptive. Time and again in her trial, he used misdirection to support his theories, and used words of conviction to conceal faults in his logic. And he's slick. So much so that I wonder if he would be willing get into a debate about what the meaning of the word "is" is.Or how about the word "has,"

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1064841785138301802003-09-29T09:23:00.000-04:002006-10-10T15:03:10.530-04:00

Jailhouse InformantsKorinda Martin was a jailhouse informant. She was one of three main groupings of evidence the prosecution tried to use to bolster their case against Kirstin Lobato (the other two being Kirstin's statement to the police and a shoddily woven tapestry of circumstantial "it's possibles"). But there are a number of reasons that I believe that the use of jailhouse informants

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1064585617803345242003-09-26T10:13:00.000-04:002006-10-10T15:02:45.346-04:00

Just general stuff today. I may ramble a bit because I haven't been getting much sleep lately. So, if that's the case, I apologize for any confusion. I really don't know where I'm going to go with this, today.I wanted to mention that my most recent post may have implied a bit of paranoia. Like "they are out to get you," and that sort of thing. That wasn't my intention. But they are out to get

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1064407047323273612003-09-24T08:37:00.000-04:002006-10-10T15:02:32.583-04:00

Remain SilentYour right to remain silent is probably the most valuable right you have when being questioned by the police, especially if you are innocent. There is, however, a strong social prejudice against the idea of invoking this right. After all, if you are innocent and have nothing to hide, why not speak openly? The line that traditionally comes after your right to remain silent is the

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1064334324964100552003-09-23T12:25:00.000-04:002006-10-10T15:02:15.760-04:00

I have just read the transcript of the taped statement Kirstin Lobato gave to the police the day she was arrested. The prosecutors called it a confession.Though I have heard both the defense and prosecution use parts of that statement to bolster their respective cases, I waited to read it until I reached the point in the trial that the jury was introduced to it, so that I could understand the

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063983212481474182003-09-19T10:53:00.000-04:002006-10-10T15:02:02.350-04:00

ConflictI'm pretty familiar with confrontation. I even enjoy the competition of it, though that always depends on what the conflict is about and what form it takes. But the main reason I enjoy combative situations is that I am good at it. Or, to put it another way, I'm not used to losing.Now, I'm not talking about physical combat specifically (although I'm not excluding it either). What I mean is

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063974422485697122003-09-19T08:27:00.000-04:002006-10-10T15:01:52.626-04:00

OopsOkay, before I go any further, I want to note that I have recently been able to review the court transcripts. Though I am not finished with that, I feel I must openly admit that some writing in my earliest blogs contained discrepencies not in line with the court documents, but were instead inferred based on the information I had gathered. There were very few. I am not going to recant any one

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063893955753278832003-09-18T10:05:00.000-04:002006-10-10T15:01:41.536-04:00

Malice AforethoughtNo, I'm not referring to Kirstin Lobato. I'm talking about the District Attorney's office.There is a saying about not being able to see the forest for the trees, meaning that a person is concentrating so much on the minute details that they do not understand the nature of the greater picture. In the forest of justice, "technicality" is often the major species of tree. I often

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063716410128062562003-09-16T08:46:00.000-04:002006-10-10T15:01:31.413-04:00

Nobody's PerfectIt's a phrase tossed out so automatically that it has become cliché. Anyone who understands human nature to even the smallest degree - or who is over the age of ten - knows that no one is perfect. And yet, the dismissive nature of this statement hides an often dangerous aspect of social reality: not being perfect can be a great crime.This is an age when imperfections destroy

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063382383199854572003-09-12T11:59:00.000-04:002006-10-10T15:01:14.060-04:00

(All italics below were added by this blog's author; the All Caps are part of the official record)Perjury from the state's star witness. From the court's minute transcripts, May 16th 2002:OUTSIDE THE PRESENCE OF THE JURY:...[Defense Attorney] Mr. Kohn advised the Court he has all the handwritten kites/exemplars of [state witness] Karinda Martin {sic, should be Korinda} and have a letter

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063372627296547142003-09-12T09:17:00.000-04:002006-10-10T15:00:57.926-04:00

SkepticismFor most people, it is a natural thing to doubt. Some of us are very good at it. I, myself, am a very discriminating person. I don't mean this in any prejudiced or bigoted sense, but more as a sort of cautious intellectualism that evaluates facts carefully and personally rather than accepting them straight out as legitimate. This sort of thing has certain amount of cynicism as well in

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063282719551210232003-09-11T08:18:00.000-04:002006-10-10T15:00:47.796-04:00

September 11th, 2001It's been two years, though some days it feels like longer. Not because I have trouble remembering, but because it often seems impossible to forget. Like it was with J.F.K.'s death in a time before I was born, everyone knows "what they were doing when they first heard" that planes had flown into the World Trade Center towers.I was at work, talking to an acquaintance online,

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063110081934437002003-09-09T08:21:00.000-04:002006-10-10T15:00:33.336-04:00

Okay, so it took me a little while to explore how to insert an image. Now that I have figured it out (sort of...when I Refresh the page the image disappears), this is me...I'm not really sure if inserting images is going to be all that useful for this blog. But I thought people might be curious. Maybe. Anyhow, I also added a banner to Justice4Kirstin.com, but it keeps showing up at the bottom of

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1063035801436765552003-09-08T11:43:00.000-04:002006-10-10T15:00:06.450-04:00

Here's A Warm Body...Now Good Luck!In 1963, Gideon vs. Wainwright ensured that all accused receive the assistance of counsel in a court of law. Prior to that, it was a fairly hit-and-miss process for various reasons that changed from state to state. And if you were on the 'miss' side of that equation, you had little choice but to defend yourself (also known as pro se litigation, which is a

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1062767487296794702003-09-05T09:11:00.000-04:002006-10-10T14:59:49.946-04:00

Lip ServiceOkay, so you're in the courtroom, defending yourself against a murder you did not commit. You have plenty of evidence to support your innocence, and the prosecution has only supposition and imagination. Amidst it all...the daily fear of being condemned for a crime you had nothing to do with, the spectacle of a prosecutor who would wave a bat through the air like it was a murder weapon

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1062682857047847752003-09-04T09:40:00.000-04:002006-10-10T14:58:51.090-04:00

ConvictionWe want to believe that the right thing is being done.It is the natural course for our psychology, to desire justification for actions and events. We want to say that what happens will come to a positive end, that it was the right course. And there is a very specific correlation there as well...the more painful a circumstance was, the greater our desire to justify our beliefs in the

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1062160612962651802003-08-29T08:36:00.000-04:002006-10-10T14:58:34.763-04:00

To Plea Or Not To PleaThat was the question. Whether it was nobler in her mind to suffer the slings and arrows of being labelled an admitted criminal, or to risk the destruction of her rightful freedom by taking up arms against an accusatory sea of troubles.Kirstin Lobato had a chance to make a plea bargain before facing a trial and jury. The District Attorney's office offered 3 years, in a sort

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1062081913396396962003-08-28T10:45:00.000-04:002006-10-10T14:58:14.000-04:00

Compound FractureI'm going to take a break from looking at Kirstin's trial today, to talk about another kind of injustice she - and other innocent people in prison - are being forced to bear. That is the careless treatment of prisoners in general.For the most part, there isn't a lot of pity or sympathy for the plight of those caught up in the prison system. After all, the good majority of them

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1061907809919559142003-08-26T10:23:00.000-04:002006-10-10T14:57:44.946-04:00

Truth and Consequence"You've just seen the largest coincidence you will ever see in your life."Those were the words of Bill Kephart, the prosecutor in Kirstin Lobato's case, during closing arguments. He went on to invoke the sensationalized Lorena Bobbit, as though to remind the jury that any case involving the violent removal of a man's penis would be so rare that the very idea of it happening

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1061825980311696722003-08-25T11:39:00.000-04:002006-10-10T14:57:08.056-04:00

Clean And DirtyWhen it comes to drug abuse, my usual sense of empathy and understanding falls flat on its face. I despise drug use. Drug users and addictions have cost me a lot...physical abuse, destroyed finances, a failed marriage, and those are just brief flashes of it all. Perhaps I have a lack of personal understanding...not because I haven't used drugs (there were moments, a long time ago),

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060956040659436952003-08-15T10:00:00.000-04:002006-10-10T14:56:51.023-04:00

If the Devil Says It, It Must Be TruePurposefully releasing incorrect information in news reports is a clever little trick officials have long used to verify the credibility of what they are told. These are - most often - not accidents. A few slight adjustments to true evidence can help the police wade through hundreds of crazies who would claim responsiblity for a crime (this technique is most

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060794603988338272003-08-13T13:10:00.000-04:002006-10-10T14:56:34.146-04:00

Sent an email to a site called the Injustice Line, and asked for some linkage. Hopefully they'll respond. And if they will link, I'll return the favor.

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060774445287199362003-08-13T07:34:00.000-04:002006-10-10T14:56:13.463-04:00

Butterfly WingsAt the risk of going Yoda on everyone, I'm going to tap into a bit of philosophy today. A bit of wisdom was emailed to me the other day. Seriously, this is smart stuff. Consider it, and then I'm going to tell you how to change the world.Each smallest act of kindness reverberates across great distances and spans of time, affecting lives unknown to the one whose generous spirit was

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060690148428850602003-08-12T08:09:00.000-04:002006-10-10T14:55:55.036-04:00

I'll admit it. I speed.Maybe that's putting it mildly. Perhaps it would be better to say I travel at "decidedly unsafe speeds." For example, my girlfriend and I went down to Key West this past weekend, and I paid over $20 in tolls for the luxury of using the Florida Turnpike, without a doubt the fastest means of travel up and down Florida's length. The speed limit there, barring a few exceptions,

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060602044102856962003-08-11T07:40:00.000-04:002006-10-10T14:55:34.716-04:00

Can you cheat the polygraph test?Common rumor says yes. Scientific backers say its still reliable. But either way, the polygraph will do no good (at best) for the innocent.The problem is one of universal perception. By themselves, polygraph tests cannot acheive reasonable doubt. But they are still accepted as a way of bolstering evidence for a trial. Yet the very existence of the question "Can

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060343838806035632003-08-08T07:57:00.000-04:002006-10-10T14:55:10.866-04:00

If You Cannot Afford An Attorney...Compared to being arrested for spitting in public (Singapore), the United States legal system is quite fair. But despite its superiority over many other legal systems, the U.S. courts remain a briar patch of hit-and-miss justice, far from perfect. Many people, especially those with no real prior experience with the court system, are shocked when they discover

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.comtag:blogger.com,1999:blog-5655509.post-1060260551036908962003-08-07T08:49:00.000-04:002006-10-10T14:54:51.370-04:00

What This Is AboutThere is a young woman in Nevada that I don't really know. I've never met her. I've never spoken to her, never received a letter or an email from her. I don't even know whether or not she knows I exist. But what I do know about her is that her story needs to be shared.Kirstin Lobato's story isn't a happy one, at all. So few are these days; we all have times of pain and struggle

Tonyhttp://www.blogger.com/profile/17085873824558230429noreply@blogger.com