The JackB

"When you're in jail, a good friend will be trying to bail you out. A best friend will be in the cell next to you saying, 'Damn, that was fun'." Groucho Marx

Archives for June 2005

The Long And Winding Road Part 4

You can find the beginning of this series with these links: 1, 2 and 3.

That first week in Israel was something else. I’d like to say that I remember it well, that it all stands out in my head with complete clarity and recollection, but I cannot. It is twenty years since then and so much has happened.

The thirty-eight of us is at last count only 36. We lost one to suicide during the Spring of 1989 and another to a brain tumor in 1998. I am in regular contact with a handful of people and aware of about another ten or twelve. It is fair to say that in one way or another I can provide some kind of update on about half the group.

Most are married and there are around 18 children or so that I know of, perhaps even more that I haven’t heard about. It is hard to reconcile what I know of us today with the people we were.

I remember so well sharing a dorm room with four other guys and the wars we had with the other guys. Water balloons, stale Bazooka bubble gum and so much more. Even though we were ten thousand miles from home, to a certain extent some of our behavior mirrored what it
would have been had we remained at camp.

And at camp with the advent of Shabbos so close we would have begun looking very carefully at the girls, trying to figure out who we wanted to try and impress. Who was cute, hot and so attractive that you couldn’t wait to see her dressed up on Friday night.

Shabbos may be spiritual and religious in nature, but let’s face it. A group of teens on their own in a foreign country, there is bound to be some activity because we were all on hormonal overdrive.

So I was a bit surprised with my reaction to our first Shabbos in country. It began with a walk from the base to the Old City, the Kotel was our destination. I remember parts of it well. The conversation I had with a very dear friend stands out to me, some of the buildings and people do too.

But it wasn’t until we began walking over the rooftops in the Old City that I began to notice that there was something special in the air. It wasn’t until we got closer to the Kotel itself that I really began to feel something.

It was the connection that I had felt there earlier in the week. The bond that I felt towards all the other Jews in the plaza who were davening and the unmistakable feeling that G-d was there with me, us, them, everyone.

It was stronger than it had been before.

It was almost surreal.

I felt like I was in some kind of science-fiction movie in which I was traveling through time and space. It sounds goofy, but I really did feel like I was standing in the same place that I had been in thousands of years before and at the same time experiencing it for the first time.

And more than anything else I was pleased to feel like I was part of the group, I was in on the secret. I was happy to be able to daven with kavanah and real belief and not to sitting there waiting for Maariv to end. It wasn’t a chore to be endured but a pleasure.

It was just one more piece of chain that brought me back into the fold that made me believe again. This is a story that really could be much longer and much more eloquent and to some extent I feel that I am not doing it justice because how I can share something like
this, how can I explain something that tugs at places so deep inside you don’t know that they exist.

If I was a man of brevity I would end this tale here, but there is too much to share, too much to say and I need to add another moment or two to my story.

The next morning at Shacharit I was a little disappointed because that feeling from the night before was fading. It was like an amazing dream, the kind that you wish would never end so you try to go back to sleep and get it back, hold onto it so that it doesn’t disappear. But trying to do that with a dream is a little bit like grabbing a fistful of water, no matter how tight your grip it spills out from a million different places.

I can remember daydreaming, lost in thought of the night before. We had danced with reckless abandon and sung out loud, almost shouting the prayers, but still with reverence. There was a power and an energy. As I look back I realize that it was a little bit like being buzzed, there was a high and I fed off of it. All week I waited for Shabbos to return so that I could experience it again and each time I got lost in the moment. I began to wonder if this feeling was going to be limited in time and place. I got my answer a little later.

It was Tisha B’AV and we were in the hills overlooking the Old City. We read Eicha and discussed the burning of the Temple, the sack of Jerusalem and the moment made a huge impact upon me. I could look out on the city and picture the flames, in my mind Jerusalem was burning. I could hear the screams of the women and children, smell the fear and feel the greed of the invaders.

I might have cried, but I couldn’t tell you for certain. I was so caught up in the moment, so enthralled and so amazed that something could move me that way.

The next day we returned to the Kotel and again I lost myself in the crowd, but this time I made my way amongst the crowd to the wall itself and just lay my head against it. My eyes were closed and my hands caressed the stone.

Time passed and the end of the trip grew closer. I began to get anxious about returning to Los Angeles because Jerusalem had become home to me. If I could have I would have stayed. I would have stayed indefinitely. Jerusalem had captured my heart and soul.

The night we left solidified everything. Just before heading out to Ben Gurion we hit the Kotel to say goodbye. It was after midnight and the plaza was lit up. As I headed down the stairs I heard the Shofar blowing. It was like the bugler in one of those old Westerns in which he plays his horn as the cavalry comes charging in. It grabbed me, pulled me, tugged at my heart and made me choke up.

I knew then that when I left I would leave part of me behind. There is a piece of me that never came home. A place in my soul that only opens in Israel, that comes to life in a way that it never does here.

When I got on the plane home it was with great reluctance but it was with the knowledge and acceptance that G-d does exist. It felt good and it felt right, dayenu.

(Cross posted on Jewish Connection)

Hezbollah’s Twisted Logic

That dashing (said with much sarcasm) group of terrorists who call themselves Hezbollah or Hizbollah if you prefer are such cards.

Their military wing is already classified as being a terrorist group and there is talk of doing the same with their political wing. Rima Fakhry, the only woman in their leadership spoke to the Guardian about their thoughts on peace and Israel.

The Guardian reports the following:

Mrs Fakhry, appointed to Hizbullah’s political council six months ago, said the group would ignore a UN resolution demanding militias in Lebanon disarm: “We keep our weapons because Israel occupies Shebaa Farms, we still have captives in Israeli jails and Israel is still practising violations against us.”

Actually the UN feels differently about this, but old Rima lives in a different world where she thinks that it is ok to attack Israel but is shocked that there would be an response or ill feelings about this.

Israel accuses Hizbullah of aiding violent Palestinian resistance to Israeli rule and terrorism attacks against citizens of the Jewish state.

Here is where her logic is about to get fuzzy.

Mrs Fakhry said: “We have no involvement in Palestine. We have strong feelings towards Palestine, if we can, we can help a lot.

Ok, so she just said that they have no involvement, but would like to help. No involvement, but would like to help. Hmm…

“We will send weapons if they need, but there are borders, it is difficult to get the weapons to them.

I see, they would like to help, but it is difficult smuggling weapons across. But Israel’s accusation that a terrorist organization is fomenting violence and dissent is misplaced. In the next graph she realizes that she is in deep.

“We are working for the liberation of Lebanese land. Inside Palestine is the role of Palestinians.”

Right, they want nothing to do with anything outside of Lebanon. But then she goes on to say the following.

She said she could not see a time when Lebanon and Israel could coexist peacefully: “Do you imagine one day the wolf and the sheep will live in peace? This is only in Walt Disney [films] maybe.”

And then when you think that maybe she hasn’t made her point she adds to it.

Mrs Fakhry said her group believes in the destruction of Israel and expulsion of tens of thousands of Jews: “This is a hope, a long-term strategy.

“Israelis don’t have a right to stay in Palestine, the state of Israel is an illegal state.

“One day the Palestinians will destroy Israel and return to their land.”

Bottom line: organizations that want to operate within a legitimate framework within the international community that advocate the destruction of other nations and work towards that goal should be viewed as terrorist groups and the US/Britain/Israel and other peace loving nations should do what they can to marginalize their influence and hopefully make it impossible for them to continue to exist.

Rule Based Upon The Law

The Sixth Amendment of the United States Constitution provides the framework for jury trials within the United States.

It reads as follows:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”


If you want to define what a jury is you could use the following definition:

Law. A body of persons sworn to judge and give a verdict on a given matter, especially a body of persons summoned by law and sworn to hear and hand down a verdict upon a case presented in court.

In recent times many people have been upset with the outcome of some celebrity trials because they have been convinced by what they have read/heard in the media and have formulated their own opinions on what should have happened.

While it may feel good to say that the jury was ignorant, stupid, liberal or use some other pejorative term it does not necessarily mean that this is so.

Juries come to decisions based upon the evidence that is presented to them and the instructions that are given to them by the judge. Or in some cases they may disregard everything and engage in jury nullification.

The acquitting of a defendant by a jury in disregard of the judge’s instructions and contrary to the jury’s findings of fact
– Jury nullification is most likely to occur when a jury is sympathetic toward a defendant or regards the law under which the defendant is charged with disfavor. Except for a statutory requirement to the contrary, a jury does not have to be instructed on the possibility of jury nullification.

One of the more famous cases of jury nullification is that of John Peter Zenger.

I am not an attorney, but I have been a member of two different juries and have discussed/compared my experiences with friends and relatives around the states and have a couple more thoughts to share about this.

  1. Juries have instructions that they are required to follow. These instructions may prohibit the introduction of evidence into deliberations. You may not like this. You may consider it to be unfair or unreasonable but it is part of the rules we work under.
  2. Juries may not understand their instructions. You can call me a snob but some my fellow jurors were light in the closet, their bulbs did not burn so bright.
  3. And as mentioned earlier they could engage in jury nullification.

Something else to consider is this. A not guilty verdict does not always mean that the jury thinks that the defendant is innocent. It could mean that they felt that they did not have enough evidence to convict them.

That is a frustrating place to be if you feel strongly, but it is part of the system we live under.

"As Good As I Once Was"

I love this song.

She said, “I’ve seen you in here before.”
I said, “I’ve been here a time or two.”
She said, “Hello, my
Name is Bobby Jo
Meet my twin sister Betty Lou
And we’re both feeling kinda wild tonight
And you’re the only cowboy in this place
And if you’re up for a rodeo
We’ll put a big Texas smile on
Your face”
I said, “Girls,”

[Chorus]
I ain’t as good as I once was
I got a few years on me now
But there was a time back in my prime

When I could really lay it down
And if you need some love tonight
Then I might have just enough
I ain’t as good as I once was
But I’m as good once as I ever was

I still hang out with my best friend dave
I’ve known him since we were kids at school
Last night he
Had a few shots
Got in a tight spot hustlin’ a game of pool
With a couple of readneck boys
One great
Big bad biker man
I heard David yell across the room
“Hey buddy, how ’bout a helping hand.”
I said, “Dave,”

[Chorus]
I ain’t as good as I once was
My how the years have flown
But there was a time back in my prime

When I could really hold my own
But if you wanna fight tonight
Guess those boys don’t look all that
Tough
I ain’t as good as I once was
But I’m as good once as I ever was

I used to be hell on wheels
Back when I was younger man
Now my body says, “You can’t do this boy”

But my pride says, “Oh, yes you can

I ain’t as good as I once was
That’s just the cold hard truth
I still throw a few back, talk a little smack
When I’m feelin bullet proof
So don’t double dog dare me now
‘Cause I’d have to call your bluff

I ain’t as good as I once was
But I’m as good once as I ever was
Maybe not be good as I once was
But I’m as good once as I ever was

Off Duty Behavior Can Impact Your Employment

I was really irritated by this article because there should be some limits on your employer’s reach into your personal affairs.

“Employees are being disciplined or fired for such behaviors as drinking on their own time, using competitors’ products and displaying political bumper stickers. No one tracks the number of such cases, but some workers rights’ groups are concerned that the practice is on the upswing.

“The shock is that there’s no legal protection,” says Lewis Maltby, of The National Workrights Institute, a non-profit based in Princeton, N.J., that focuses on employee rights. “You can get fired just for having a bumper sticker the boss doesn’t like.”

There are certain professions in which I can understand why what you do on the outside can impact your employment, but on the whole I find this to be incredibly distasteful and somewhat 1984ish.

At the Atlantic City, Borgata Hotel Casino & Spa, bartenders and waitresses can be fired if they gain more than 7% of their body weight. They are first given a 90-day unpaid suspension to lose the weight. Officials say it is a recent clarification to the company’s appearance policy.

About 200 cocktail servers and bartenders, known as “Borgata Babes,” are covered by the policy, and have to submit to weigh-ins. Weight gain for valid medical reasons, such as pregnancy, are exempt, but the waitresses have 90 days to comply with the target weight upon return.

“We believe the policy in place is not only legal and non-discriminatory, it is also fair,” spokesman Michael Facenda said in a statement.

• Lynne Gobbell was fired from her job packing insulation by her Moulton, Ala.-based employer for displaying a John Kerry bumper sticker on her car, according to the Associated Press and numerous media reports. Gobbell could not be reached for comment.

• Ross Hopkins, who worked for a Budweiser distributor, sued after he says he was fired for drinking a Coors at a Greeley, Colo., bar after work.

But Jeff Bedingfield, attorney for American Eagle Distributing, says Hopkins was fired in 2003 for making disparaging comments about the company while at the bar wearing a company uniform. The case is expected to go to trial.

While about half the states have laws preventing employers from firing workers who smoke off duty, questions remain about other legal, off-duty activities. Some states have passed broader protections, says Kary Moss, executive director of the ACLU in Michigan.

“It’s a growing trend,” Moss says. “But whether or not they will go further to protect workers is an open question.”

Pilots in Mo. Jet Crash Wanted to Have Fun

Stories like this one make me a little nervous. I wonder from time to time who is flying the plane because you place an awful lot of trust in them.

WASHINGTON – Two pilots, in a jovial mood as they flew an empty commuter jet, wanted to “have a little fun” by taking the plane to an unusually high altitude last October, only to realize as the engines failed that they were not going to make it, according to transcripts released Monday.

The plane, which the two were ferrying from Little Rock, Ark. to Minneapolis, crashed and both Capt. Jesse Rhodes and First Officer Peter Cesarz perished.

The cockpit voice recording, released by the NTSB at the start of a three-day hearing into the Oct. 14, 2004 accident, revealed how the pilots cracked jokes and decided to “have a little fun” and fly to 41,000 feet — the maximum altitude for their plane. Most commuter jets fly at lower altitudes.

“Man, we can do it, 41-it,” said Cesarz at 9:48 p.m. A minute later, Rhodes said, “40 thousand, baby.”

Two minutes later, “There’s 41-0, my man,” Cesarz said. “Made it, man.”

At 9:52 p.m., one of the pilots popped a can of Pepsi and they joked about drinking beer. A minute later, Cesarz said, “This is the greatest thing, no way.”

But at 10:03 p.m., the pilots reported their engine had failed. Five minutes later, they said both engines had failed and they wanted a direct route to any airport.

The transcript recounts their increasingly desperate efforts to restart the engines and regain altitude. They tried to land at the Jefferson City, Mo., airport but by 10:14 p.m., it was obvious they wouldn’t reach it.

“We’re not going to make it, man. We’re not going to make it,” Cesarz said. The plane crashed in a residential neighborhood of Jefferson City. No one was injured on the ground.

And then when I read this it just made me shake my head.

According to FAAtranscripts of air-to-ground conversations, an air traffic controller in Kansas City told the two pilots it was rare to see the plane flying that high.

“Yeah, we’re actually … we don’t have any passengers on board, so we decided to have a little fun and come up here,” one of the pilots said. The transcripts don’t identify whether Jesse Rhodes or Cesarz made the statement.

First one, then the other engine shut down. The last contact that controllers had with the crew was at 9,000 feet, when the pilot reported an airport beacon in sight.

At the hearing, NTSB investigators plan to delve into the plane’s flight limits and the proper recovery techniques when engines fail. They also want to know if the pilots knew those procedures and to learn the engine’s performance characteristics at high altitudes.

On June 2, the FAA issued a special bulletin clarifying what steps pilots need to take to restart an engine when there’s a dual engine failure, agency spokeswoman Laura Brown said.

David Stempler, president of the Air Travelers Association, said the issue may be reckless pilots rather than inadequate training or improper recovery procedures.

“This is more a story of pilots having time on their hands and playing with things in the cockpit that they shouldn’t,” he said.

Flying, he said, is as boring as truck driving most of the time. “This was boredom and experimentation, these guys experimenting with things they had no business doing,” Stempler said.”