The rantings of a Public Defender constantly fighting against society's pervasive Police Industrial Complex. Enjoy the unique perspective of one whose life's work is to fight the system through the system.

Wednesday, August 24, 2011

Another Update on William Richards, FVI00826 - Actual Innocence is a Sham

I posted more than a year ago about an excellent granting of a habeas corpus petition by Judge Brian McCarville. The defendant is William Richards. His case number is FVI00826. The essence of the case is that he was accused of murdering his wife by bashing her head in. After three mistrials, he was convicted and sentenced to life imprisonment. Then he was able to obtain favorable DNA evidence, and show that there were serious with the evidence presented against him at his trial. I mean, serious. Like, they framed him. Oh, and an expert that was hot and heavy against him kind of fully recanted his testimony and/or it was all shown to be BS. Mostly anyway. One of the few times it has happened, and certainly the only time that I have seen it, Judge McCarville granted the habeas corpus petition. It is CERTAIN that if he is retried, he cannot be convicted. Not with what we now know.

Then, on 11-19-2010, the California Court of Appeal wrote and unpublished decision REVERSING Judge McCarville's excellent opinion. Appelleate Court Justice Hollenhorst wrote the opinion, and he was joined by McKinster and Richli. All three are right wing Republican tools. The opinion is as terrible as it is disingenuous. Here is my summary of the opinion:

Too bad, so sad. We don't believe your new "evidence." You may have fooled Judge McCarville, but you won't fool us. This new "evidence" should have been brought forward at trial, and in fact some of it was. So it isn't really new "evidence." And the jury didn't believe the defense then, so, again, too bad, so sad. Oh, and just because someone who is crucial to your conviction is later found to be a complete liar and kind of, sort of, mostly admits it, to some extent or another, again, too bad, so sad. You lose. Yeah, we suppose that "actually innocent" people are kind of, sort of entitled at least to a new trial. But not your guy. Oh, and did I mention that we think your new "evidence" isn't very good? Oh, and Judge McCarville didn't apply the correct standard. We could tell you the correct standard, but we are pretty busy up here, denying all your silly motions. The standard is something like: The new evidence must undermine the prosecution's entire case and unerringly point towrd his innocence. We realize this is an impossible standard, but we're going to hold you to it. Oh, and stop spending so many days on these stupid hearings for murderers, Judge McCarville - we're just going to crap on whatever you rule on anyway.

Oh, and there were a LOT of case citations - I'll spare you those. I suppose that I shouldn't get too indignant over this local travesty of justice, but I can't help myself. Let me clarify: I KNOW Judge McCarville. He isn't some bleeding heart liberal. He calls them mostly like he sees them, but like most judges in this county, he is pro-prosecution. Remember, they are all elected, and they don't get re-elected by letting people charged with crimes go free. If Judge McCarville spends the time to do a habeas corpus petition and grants it, you had better damned sure believe that that was the right thing to do.

The case is currently before the California Supreme Court. I don't expect the Court to reverse the Appellate Court. I have just about zero faith in the California Supreme Court on criminal justice issues. They are a mostly zombie-controlled, Republican-appointed bench. I met the Chief Justice recently and she seemed nice, but she is another former prosecutor plucked from convicting people and put on the bench. Some of the justices aren't too bad. I like some of Justice Kennard's opinions. Justice Werdegar too, sometimes. The newest Justice, who hasn't been confirmed yet, Goodwin Liu, is promising. But he is just one guy. I am giving the California Supreme Court short shrift here because they have written some awful opinions in the criminal defense world for about 16 years now, when Rose Bird was forced off the bench. If they reverse the 4th Circuit, Division 2, I will be amazed. I will personally sing their praises. But I fully expect them to follow Justice Scalia's dissent (joined by Justice Thomas) in In re Davis (2009) 130 S.Ct. 1, wherein Scalia stated: "This Court has NEVR held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is "actually innocent."

In other words: Fuck you. We don't care how "actually innocent" you may be. So long as you got a "fair trial," you will be punished. Period. Finality is king. Never mind whether witnesses recant their testimony. Who cares? By the way, the remedy in the Troy Davis case was to remand the case back to the district court for a new habeas petition, which everyone agreed was without any power. Said petition was promptly denied, and the denial was then affirmed by the Eleventh Circuit. Troy Davis is now getting closer to execution. He got his "actual innocence hearing," and he got to call various witness that showed 9 of 11 witnesses who testified against him at trial recanted their testimony. 9 of 11? Really? Would 10 of 12 have done the trick? How about if all 11 had recanted? The U.S. Supreme Court refused to hear the Mr. Davis's appeal from the habeas petition denial. Here is a good discussion of where Troy Davis is at now: http://www.habeasbook.com/2011/04/another-dead-end-for-troy-anthony-davis/

The lesson here? Don't get convicted the first time. Because if you do, even if you can later prove you were actually inocent, to just about ANY degree of certainty, so long as you got a "fair trial," you're guilty. Period.

Dennis R. Wilkins

Oh, and I suppose that I am now the New PD Dude.

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12/11/2011 3:05 AM

 
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There are some of us who agree with you, and we are in the minority. I would Senator Olympia Snowe to your list. I used to be on her staff and committee staff before

12/11/2011 5:52 AM

 
Blogger Dream said...

“You heard James?” said Lupin in a strange voice.
“Yeah …” Face dry, Harry looked up. “Why — you didn’t know my dad, did you?”
“I — I did, as a matter of fact,” said Lupin. “We were friends at Hogwarts. Listen, Harry — perhaps we should leave it here for tonight. This charm is ridiculously advanced. … I shouldn’t have suggested putting you through this. …”
“No!” said Harry. He got up again. “I’ll have one more go! I’m not thinking of happy enough things, that’s what it is. … Hang on. …”
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Others have argued that a "top-down approach" is more feasible. One such approach, successfully attempted by Craig Venter and others at The Institute for Genomic Research, involves engineering existing prokaryotic cells with progressively fewer genes, attempting to discern at which point the most minimal requirements for life were reached.

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12/14/2011 6:03 AM

 
Blogger Dream said...

Frank didn’t understand what was going on. He wanted more than anything to be back in his bed with his hot-water bottle. The problem was that his legs didn’t seem to want to move. As he stood there shaking and trying to master himself, the cold voice switched abruptly to English again.
“Nagini has interesting news, Wormtail,” it said.
“In-indeed, My Lord?” said Wormtail.
“Indeed, yes,” said the voice. “According to Nagini, there is an old Muggle standing right outside this room, listening to every word we say.”
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12/15/2011 6:58 PM

 
Blogger Dream said...

They were Muggles who hated and despised magic in any form, which meant that Harry was about as welcome in their house as dry rot. They had explained away Harry’s long absences at Hogwarts over the last three years by telling everyone that he went to St. Brutus’s Secure Center for Incurably Criminal Boys.
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Uncle Vernon clearly thought Mr. Weasley was mad too. He moved ever so slightly to the right, screening Aunt Petunia from view, as though he thought Mr. Weasley might suddenly run at them and attack.
Dudley suddenly reappeared in the room. Harry could hear the clunk of his trunk on the stairs, and knew that the sounds had scared Dudley out of the kitchen. Dudley edged along the wall, gazing at Mr. Weasley with terrified eyes, and attempted to conceal himself behind his mother and father. Unfortunately, Uncle Ver¬non’s bulk, while sufficient to hide bony Aunt Petunia, was nowhere near enough to conceal Dudley.

12/17/2011 7:41 PM

 
Blogger GameforYou said...

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12/18/2011 5:24 AM

 
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He said the younger Kim would accept the set-up, for now. "Considering the tradition of strongarm rule by his father and grandfather, things can't be easy for him," he said.

Ralph Cossa, an authority on North Korea and president of the U.S. thinktank Pacific Forum CSIS, said it made sense that the ruling group would stick together.
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12/21/2011 2:05 AM

 
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Moe Nawaz is recognised as the UK's Most Trusted Insolvency Auditors and mastermind business coach. He has worked in the turnaround industry since 1989. Moe helps over 500 business people every year via a free advice line ukadvice.com. Moe is the founder of mastermind business coaching and a mastermind executive coach himself. His clients include high tech companies, manufacturers, financial services, entrepreneurs and family run businesses throughout Europe. He has been featured on TV, Radio and other Media.

12/23/2011 9:13 AM

 
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Blogger ManchesterUTD said...

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Blogger Kinh Thuoc' said...

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Blogger ManchesterUTD said...

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Her public duties were restricted to uncontroversial involvement in charitable work. On the death of Queen Victoria in 1901, Albert Edward became King-Emperor as Edward VII, with Alexandra as Queen-Empress consort. From Edward's death in 1910 until her own death, she was the Queen Mother, being a queen and the mother of the reigning monarch, George V. She greatly distrusted her nephew, German Emperor Wilhelm II and supported her son during World War I.

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Blogger Cheasel said...

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"We look forward to continuing our long relationship with them," he added.The incident on November 26 has taken relations between Islamabad and Washington to the brink of collapse.The two countries have always been uneasy bedfellows, ever since being thrown together in the war on terror after 9/11.Many American politicians believe Pakistan continues to play both sides – taking US dollars while quietly supporting militant groups in Afghanistan.

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Blogger Admin said...

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Islamabad has already closed its borders to Nato supply convoys in protest and withdrawn from a Bonn conference to discuss the future of Afghanistan.A US investigation into the incident is due to report on December 23.Officials in Pakistan say an American major passed incorrect coordinates to his Pakistani counterpart for the air strike, an account which is not being disputed by American officers.

1/15/2012 10:10 AM

 
Blogger Admin said...

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1/15/2012 10:55 AM

 
Blogger Hals said...

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1/17/2012 12:55 AM

 
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What is the experience of the other doctors who will be assisting you for this surgery?
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Blogger Kinh Thuoc' said...

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The Norte Chico civilization was a complex Pre-Columbian society that included as many as 30 major population centers in what is now the Norte Chico region of north-central coastal Peru. It is the oldest known civilization in the Americas and one of the six sites where civilization separately originated in the ancient world

1/18/2012 9:17 AM

 
Blogger kratos___s said...

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Then, on 11-19-2010, the California Court of Appeal wrote and unpublished decision REVERSING Judge McCarville's excellent opinion. Appelleate Court Justice Hollenhorst wrote the opinion, and he was joined by McKinster and Richli. All three are right wing Republican tools. The opinion is as terrible as it is disingenuous. Here is my summary of the opinion:
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Blogger kratos_____s said...

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1/26/2012 11:14 AM

 
Blogger Vipblue said...

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Solidarity with a capital S was the first and only independent trade union in the Soviet bloc. It was created in 1980 and went on to negotiate in 1989 a peaceful end to communism in Poland, making the country the first to escape Moscow\'s grip.

1/28/2012 8:07 AM

 
Blogger Vipblue said...

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This is a typical case of a shady coalition of vested interests that is disintegrating under the weight of its collective hubris. For the past 18 months, German and Greek leaders have been working together to deny the truth about three simultaneous bankruptcies: The irreversible bankruptcy of the Greek state, the effective insolvency of many Franco-German banks, and, last but not least, the unsustainability of the euro-system as we know it.

1/31/2012 3:31 AM

 
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The Syrian Observatory for Human Rights, another opposition group, said that in Idlib, where fighting has raged in recent days, clashes between government forces and army defectors that started after the bombing of a military truck resulted in the deaths of members of the government forces.

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The observatory and the LCC said regime forces stationed at a checkpoint fired on a busload of workers, leaving one person dead and seven wounded.

1/31/2012 7:53 AM

 
Blogger Sean Mong said...

Two former regime insiders -- now its opponents -- recalled their time with the younger al-Assad. Former vice president Abdel Halim Khaddam said Bashar was often the victim of his elder brother's cruelty. "His brother Basil bullied him as a child. His father never gave him as much attention as Basil," Khaddam said.
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Al-Assad said those members of the armed forces who "went too far" had been disciplined.
But former vice-president Khaddam is in no doubt who does give the orders to kill: "Bashar Al-Assad and no one else. He gives out orders to use all means of force to crush the revolution. He is surrounded by close aides and a security apparatus that advise him, but he decides.

1/31/2012 9:34 AM

 
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Shortly after the Arab Spring started in early 2011, al-Assad made apparent moves toward change in Syria. Initially, protesters wanted basic reforms, more freedoms, a multiparty political system and an end to emergency law. Some of these measures have, on paper, been implemented by al-Assad, but they were far too little and, by the time they came about, too late.

1/31/2012 9:36 AM

 
Blogger Sean Mong said...

Hillary Clinton is being joined by British Foreign Secretary William Hague and other leaders in a debate with the UN Security Council over exactly what types of actions to take against the Syrian regime that has killed at least 5000 civilians over the last 10 months. Thus far, the Security Council has been nearly unanimous in its support for a resolution that would explicitly condemn the actions of the Syrian regime. The lone holdout for the resolution has been Russia, whose veto power prevents any resolution from being issued.
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It’s actually quite a shame, not because less partisanship would necessarily yield better results – it probably wouldn’t. Instead, it’s a shame that anyone still views American politics in terms of Democrat and Republican, or Liberal and Conservative. Each party has proven – time and time again – to be borderline criminal stewards of Americans’ trust and, more to the point – their tax dollars. As long as the two-party system exists, however, and as long as supporters line up behind terribly faulty candidates, nothing will change.

2/01/2012 3:00 AM

 
Blogger Sean Mong said...

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No candidate so far has more than 10% of the 1,144 delegates needed to win the nomination at the August convention.Santorum also told CNN his campaign raised almost $4.5 million in January in what he called a fundraising surge.

2/01/2012 3:18 AM

 
Blogger Sean Mong said...

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Blogger Sean Mong said...

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2/01/2012 9:48 AM

 
Blogger Sean Mong said...

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Many of those who died fell from bleachers inside the stadium, according to Ahmed Saeed, an official from the Port Said governor's office.
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Authorities contributed to escalating violence, said Mamdouh Eid, the executive manager of the Al-Ahly fans committee.

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Blogger Sean Mong said...

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2/02/2012 5:32 AM

 
Blogger Sean Mong said...

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Egypt's fledgling parliament erupted in anger over the national tragedy Thursday, with the debate growing so heated that the body's speaker ordered a live broadcast of the session cut off. The order was retracted after lawmakers objected.

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Blogger KinhMinh said...

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2/04/2012 11:07 AM

 
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2/06/2012 8:16 PM

 
Blogger Sean Mong said...

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2/07/2012 2:07 AM

 
Blogger Sean Mong said...

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Mum came just after her. She immediately charged over to Stephen and slapped him.
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I felt the tight grip of my hands loosening. Ahh... Finally!
"What are YOU going to about it?" Snapped Stephen, looking her up and down, whilst holding onto his red cheek. He laughed unpleasantly.
Yup, he clearly doesn't know the danger he's getting himself into. Stephen, get ready to cry like you've never cried before, I wanted to say. But I decided to let Mum finish off then I'll speak. Of course, I wouldn't interrupt her at this time. Although, I must admit, it was very tempting.

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Blogger Kinh Thuoc' said...

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2/07/2012 4:40 AM

 
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Agnosticism is simply an understanding that all religions or non-religions are based on belief, and not absolute truths. There are also the pragmatic agnostics, who believe that if there is a God, he doesn’t seem too concerned about his creation, so the question is purely an academic one meant largely for debate rather than revelation of divine truths.

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2/07/2012 7:35 AM

 
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The program has worked, and there are a few especially dramatic success stories. The bald eagle is a big one - our national symbol was down to 400 breeding pairs in the 1960s, but the protection afforded by the Endangered Species Act allowed it to rebound to over 7,000 current breeding pairs.

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2/07/2012 8:02 AM

 
Blogger Sean Mong said...

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Blogger Sean Mong said...

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2/08/2012 6:38 AM

 
Blogger Sean Mong said...

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2/08/2012 6:52 AM

 
Blogger Sean Mong said...

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"Yeah and-" Aislinn stopped suddenly. She had been talking to Bree and her friend, Kelly when she saw a familiar figure. It can't be, she thought. But the guy looked too familiar. "Guys, I'll see you later." Bree and Kelly looked surprised but Aislinn didn't notice as she walked away. It can't be him. I must be imagining it, she thought but still she had to see it with her own eyes. He was talking to a red-haired girl. Hair just the same color as mine, Aislinn noticed. Her back was to her so Aislinn couldn't see her face. The girl walked away while he started walking in the other direction.

2/08/2012 7:05 AM

 
Blogger Sean Mong said...

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There he is, Alex thought. Again. It's frustrating how he always beats me to Aislinn. Aislinn was standing and talking excitedly with the park guy again. Alex had been trying to get to her all day, but she kept getting away. Alex was 99.9% sure that it was on purpose. The broad dark-haired guy and Aislinn went in different directions. Aislinn didn't seem to be attentive, she was smiling and didn't seem to notice Alex. This is my chance. Maybe she's lost enough to hear me out, he thought. Sure enough Aislinn didn't notice him until he was right in front of her. She felt tempted to dodge him but she knew he'd find her sooner or later.

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Blogger Sean Mong said...

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2/08/2012 9:51 PM

 
Blogger Sean Mong said...

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2/08/2012 10:03 PM

 
Blogger Sean Mong said...

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Okay, I know how boring the previous chapter was, but believe me it was important and I had to write it sooner or later. If I didn't, the story would completely stop. So anyway to make it up to you, this chapter is definitely a good one. I hope you think so too. Please comment and don't stop reading.

2/08/2012 10:05 PM

 
Blogger Sean Mong said...

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2/08/2012 10:41 PM

 
Blogger Sean Mong said...

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Blogger Sean Mong said...

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2/09/2012 9:41 PM

 
Blogger Sean Mong said...

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2/10/2012 8:10 AM

 
Blogger Sean Mong said...

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2/10/2012 8:54 AM

 
Blogger Sean Mong said...

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2/10/2012 6:53 PM

 
Blogger Sean Mong said...

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If the final ruling is not in your favor, as the plaintiff or defendant you may appeal against the ruling; you will not get back the court fees. The procedure varies from state to state. Appeals are generally accepted only if there have been serious irregularities in the proceedings.

2/10/2012 7:40 PM

 
Blogger Sean Mong said...

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This is going to be a long awkward interview.

2/10/2012 8:01 PM

 
Blogger Sean Mong said...

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"Okay, everybody move to sit next to your partners, then I will call out groups that are to go to the Library and research which type of plant they would like to do."

2/10/2012 11:40 PM

 
Blogger Sean Mong said...

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I lie down on my bed, cuddling up underneath my blankets. Lex laid down beside me, resting his head on my other pillow. I tried not to think about Mom, tried not to think about five years from now, when she might not be around anymore. It was working, I wasn't thinking of her.

Instead, a different image came to my mind. One that I never would have suspected.

2/11/2012 2:10 AM

 
Blogger Sean Mong said...

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I nodded and grinned at his concern. Gosh, I think, why isn't HE my father? That'll make things so much easier!

Just then, Liz appeared. She was holding onto a large box labeled BECKY. I stared at the box, bewildered. What on earth was she planning on doing?

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She pulled out a stuffy bunny with ears that were nearly hanging off. I groaned.

2/11/2012 3:01 AM

 
Blogger Sean Mong said...

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"It's OK." Liz sighed, "Here."

She thrust a heavy book on my lap. I gazed at the title. FAMILY ALBUM. I felt my fists tightening and I gulped down the lump in my throat.

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2/11/2012 3:04 AM

 
Blogger Sean Mong said...

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2/11/2012 6:59 AM

 
Blogger Sean Mong said...

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2/13/2012 2:27 AM

 
Blogger Sean Mong said...

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Blogger salesroles said...

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2/13/2012 7:03 AM

 
Blogger Sean Mong said...

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She slowly looks up, wiping her tears, "Really?"
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I kiss Craig's cheek, holding him close, "And I love you. You do know that right Prince Charming?"
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"Good boy."
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Craig shoots me a smile and then goes over to his father.
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I look up to see Tina in the kitchen doorway.

2/13/2012 7:31 AM

 
Blogger Sean Mong said...

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Ruth glared at Jamie. "Really Professor it’s nothing." Ruth insisted.

But before Ruth could register, Jamie had already took the paper from her hand and showed it to Professor Dan.

Ruth’s face turned pale, while Jamie was smiling triumphantly at her.

Professor Dan looked at the picture and tried to hide a smile.

At that moment, Miss Sandra Hunt saw the picture over Professor Dan’s shoulder. "Aw, so cute." She smiled.

2/13/2012 8:53 PM

 
Blogger Sean Mong said...

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"Mirror, mirror, quit your lies, tell me how, or you shall die!" Demanded Plump, her face boiling with anger.

I think that's a little too harsh, even if the mirror is being extremely rude. However I must say, it's really flattering having someone on your side. I rarely do, it's just the same people. For once, Plump is on our side, backing us up. Now that's something!

2/13/2012 9:21 PM

 
Blogger Sean Mong said...

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2/15/2012 3:53 AM

 
Blogger Sean Mong said...

This comment has been removed by the author.

2/15/2012 10:02 PM

 
Blogger Sean Mong said...

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2/15/2012 10:30 PM

 
Blogger Sean Mong said...

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2/16/2012 6:13 AM

 
Blogger Sean Mong said...

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2/18/2012 6:30 AM

 
Blogger Sean Mong said...

This comment has been removed by the author.

2/18/2012 9:06 AM

 
Blogger Sean Mong said...

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A recent study by UCLA’s Williams Institute estimates there are approximately 700,000 transgender individuals in the U.S. today. As the DVM-IV states, these individuals are already dealing with varying levels of discomfort, distress, and even impairment - should they also have to deal with ignorance, distrust, and even outright bigotry?

If that is what this young girl and her supporters believe being an "honest Girl Scout" is all about, then perhaps they should join another organization instead, because such outright intolerance is not reflective of either the purpose or mission of the Girl Scouts of America today.

2/18/2012 9:08 AM

 
Blogger Sean Mong said...

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2/21/2012 7:34 AM

 
Blogger Sean Mong said...

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2/22/2012 9:50 PM

 
Blogger Sean Mong said...

This comment has been removed by the author.

2/22/2012 9:52 PM

 
Blogger Sean Mong said...

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2/22/2012 9:53 PM

 
Blogger Kinh Thuoc' said...

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2/23/2012 8:55 AM

 
Blogger Sean Mong said...

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2/24/2012 7:12 AM

 
Blogger Sean Mong said...

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2/24/2012 11:54 PM

 
Blogger Sean Mong said...

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2/26/2012 5:15 AM

 
Blogger Sean Mong said...

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A roar of siren was heard in the distant and Kyle got distracted, as he yelled the name of the hospital. Grace Hospital. Grace Hospital was almost an hour away. That meant the accident had happened at the outskirts of the town.

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Blogger Sean Mong said...

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2/26/2012 7:07 AM

 
Blogger Sean Mong said...

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2/26/2012 7:19 AM

 
Blogger Sean Mong said...

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2/26/2012 7:47 AM

 
Blogger Sean Mong said...

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Dad was Kayla’s twin. It took everything I had not to run back upstairs. Instead I took all my emotions and barreled into Aunt Kayla. We both ended up crying.

2/26/2012 7:51 AM

 
Blogger Sean Mong said...

This comment has been removed by the author.

2/26/2012 7:56 AM

 
Blogger Sean Mong said...

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