I feel bad for the families of the victims (I forgot I was not supposed to use that word) who were killed by Kyle Rittenhouse. It brings back feelings Leah and I faced back in the late 70’s when the Michigan Supreme Court overturned the conviction of the two guys who murdered Leah’s mother, Florence, and three others in a jewelry store robbery in River Rouge. The two guys confessed to the murder and were found guilty, but due to legal technicalities the conviction was overturned by the Michigan Supreme Court. We have lived for over 45 years with no one being held accountable for the death of 4 people execution style. The families of those killed by Kyle Rittenhouse are going to have to live with the same feelings. Furthermore, their feelings will be even more mixed up because of the self-defense verdict. They will need to grapple with the thought that their loved one contributed to their own death by making Rittenhouse fear for his own life.
Today I had lunch with Nick Lyon, the former Michigan Department of Health and Human Services Director who AG Nessel thinks it is “justice” to charge Nick with nine counts of manslaughter when all he was doing was his job. Nick and I have never met before today, but because of how I have been speaking out about the absurdity of the charges against him for the Flint water crisis, Nick reached out to me and wanted to get together. I was amazed at his positive attitude, optimism, and fun-loving spirit. We spent very little time talking about his case and most of our time just talking about our lives and common interest. After spending time with Nick, I am going to continue to be a voice against AG Nessel’s political witch hunt against Lyon, Snyder and others.
In my 70 years, I have always been very optimistic. Not only is my glass half full, but the bartender is also bringing me another one as we speak, and it is on the house. I am so optimistic, I think “Sparty” has a chance against OSU on Saturday. That is how I have viewed life for the last 70 years.
I have lived through, the Cuban missile crisis, the assassination of JFK, the race riots of the late 60’s, the anti-war demonstrations during the Vietnam war, the assassination of Bobby Kennedy, the assassination of Martin Luther King, Jr., Kent State, Watergate and Nixon’s resignation, the Iran hostage situation, the oil embargo, 14% mortgage rates, price controls, disco, my mother-in-law’s murder, infertility, parenting teenagers, home invasions, asthma, the Lions, the 2003 Tigers, Little League parents, a loss of 50 yards on my drives and realizing I am not as good as I once was. Throughout it all I have maintained my optimism. However, my optimism is waning. I am concerned not about me but about my country. I am concerned that the extremists are winning.
Maybe getting old has also cost me my optimism, patience, and tolerance. Maybe Covid-19 has gotten to me. I don’t know what the reason but I find I have no tolerance for people thinking it is OK to storm our capitol; for politicians who were hiding in locked rooms fearing for their life and safety, and then one week later act like nothing happened: for political parties who have no tolerance for those who don’t follow the party line: for a president who was derelict in his duties during the worse pandemic in our country’s history: for a governor who is writing books about how well he managed the pandemic while behind the closed doors he is sexually harassing his staff: for an AG who looks the other way as to the decisions of her party’s governor when it comes to the handling of Covid-19 nursing home patients and the Benton Harbor water crisis, but thinks it is OK to charge Nick Lyon for 9 counts of manslaughter when he was just doing his job. For the same AG who thinks it is OK for the current governor’s administration to overpay $3.9 billion in unemployment benefits but wants to limit Nick Lyon’s attorney payments to $175/hour; for a justice system that takes 50 plus years to exonerate the two guys accused of killing Malcom X: for a justice system that allows a 17 year-old to cross state lines with an automatic weapon, kill two people and wound another, and then is found innocent of all charges in the name of self-defense; for people who spew hatred, racism, misogyny, and everything else; for people who have no idea how to live using the Golden Rule: for people who are disagreeable: and for people who text and drive without regard to the potential danger they create for others. I recommend that people beware when interacting with me in the future. Clint Eastwood in Grand Torino will have nothing on me.
Stay safe. Wash your hands regularly. Social distance. Schedule your vaccine and booster shot.
Orchid of the Day: To the MSU Spartans for putting them in a position where if they win their game on Saturday against OSU, they will most likely be the B1G East champion.
Onion of the Day: To the OSU Buckeyes for thinking they are going to rain on Sparty’s day tomorrow.
Quote of the Day: “Big game Saturday. MSU has been the surprise team of the year and will take on the heavily favored OSU Buckeyes in Columbus tomorrow. THIS kind of test…with overwhelming odds against us…is what Spartans were born for. To rise to the occasion with the courage, will and unbending spirit of our namesake Spartans at Thermopylae. To dream the impossible dream. To fight the unbeatable foe. To run where the brave dare not go. No matter how hopeless. No matter how far. This is our quest. This is our Spartan heritage. GO GREEN!” (with courtesies to the Man of La Mancha). George Mihaiu, former Sparty quarterback and my best friend for the last 65 years.
Biggsie, GREAT commentary! boz
Rick,
Thanks. I was so upbeat after meeting with Nick and then I read the verdict. I was overcome with emotions. Leah was sitting next to me crying while I was writing the blog. She walked into the room and said “I feel like I did when they threw out the conviction for my mom”.
Love you.
Bless you. Holding you in my heart. Our hearts are heavy because we care… I I’m learning how few do care and I fear for our children’s future.
One always knows who their friends are. In less than an hour I heard from you, my good friend Rick and Mihaiu. It has been a rough evening for Leah and me. I was shocked at how emotional I got after I heard the verdict. Your text helped me. I knew I could count on you caring about the injustice. I am shocked at the apathy of some people I thought would see the injustice. It helps knowing I can always call you for support.
Tom, Thanks for your positive vibes for the Spartans tomorrow. I to share your concerns for our country after that verdict in Wisconsin today.
Ron,
Thanx for the feedback. I just got off the phone with my best friend George, the former spartan QB who lived next door to Nancy Greene. He is all gung ho about the game tomorrow.
Biggs
Amen Amen Amen.
Amen!
I read you thoughts. I feel for you and your wife and the victims of Rittenhouse. Horrible verdict! And his mother should be ashamed of herself for her part. I also feel for our youth for they will be victims of this society. I often wonder how some judges and district attorneys, and attorneys sleep at night. I pray for those who are victims of injustice. I enjoyed the read, you covered so much. Sorry for your loss.
Rosemary,
Thank you so much for your comments. It is a tough time for everyone. I share your feelings.
Biggs
Rosemary
How did you come upon my blog? Feel free to share it with others.
Tom Biggs
From a military legal worker: (Repost, I found this interesting)
I’m seeing a lot of ignorance and misinformation flying around about what happened in Kenosha, and I’m going to set the record straight from a professional legal position… as well as from a former military position. I’m going to explain some things from a more technical angle derived from my many years as a paralegal and from my experience working in federal criminal justice and prosecution.
Legally, if you are in the process of a commission of a crime, it negates your ability to claim self defense if you kill someone. As in, it can’t even be entered as your official defense in court. It is similar to getting rear-ended at a red light through zero fault of your own, but you were driving without a license or insurance. It automatically makes you at fault because you weren’t even legally allowed to be driving.
That 17 year old in Kenosha had committed two crimes and was not even legally allowed to open carry the rifle he used to shoot three people. This means that he legally cannot claim self defense.
Another key discussion is the Castle Doctrine. Some of you may be vaguely familiar with it, as it is what allows you to use deadly force when someone comes into your house unlawfully, etc. But there are some finer points most people don’t realize that you generally have to do some formal legal studies to know.
First, as soon as someone sets foot inside the threshold of your home uninvited that you believe intends to commit a crime, you can legally use deadly force and it is immediately considered self defense, even if they haven’t made any violent threats or actions towards harming you.
This is because in every instance outside your home, you are required to retreat and extricate yourself from a dangerous situation if possible. It is a legal mandate, not a suggestion. Your home is considered the final retreat point, and legally you should be safe in your “Castle.” There is nowhere else to retreat to, etc. This is why you are able to immediately use deadly force.
However, it is NOT to protect your property, it is for protecting your LIFE. And once the burglar, for instance, has left your home… the threat to your life is considered neutralized, and deadly force is no longer authorized. So if a burglar runs out the door and down the street with your TV, you are no longer allowed to shoot after them because they are not threatening your life. You call the police, you file a claim with your insurance, and you get a new TV. If you shoot a burglar in the back down the street, you can and should be charged with murder.
While you are out in PUBLIC, this means a lot of things obviously. It means that there is far more scrutiny and boxes that must be checked in order to claim self defense. You must be in IMMINENT danger of losing life and limb. Getting into an argument and feeling scared of being punched by an unarmed person? Not likely to be a situation where deadly force is authorized. You MUST retreat.
If someone shoots at you or pulls a knife on you in the street, that is deadly force and can be met with deadly force. But if the person is unarmed, you cannot shoot them because you’re afraid of a little scuffle. That is why Rittenhouse illegally shot the first protester, and it is one of the many reasons it cannot be considered self defense. The man threw a plastic bag with trash in it at him AND MISSED, and Rittenhouse shot him. He chased his victim and instigated a fight by brandishing and flagging people with his rifle, because he is an untrained idiot with a gun. The protester was not a threat, and even if he was, all he had to do was retreat back to the police line. He rushed at protesters with a gun drawn to pick a fight, and people are acting as if he were just there to keep the peace.
He fired INTO A CROWD, and it’s a miracle he didn’t hit more people. More people that hadn’t thrown a plastic bag. More people that were just trying to protest police brutality, which is a real issue in this country.
And then when he did finally run away, some more protesters attempted to subdue him after he had already murdered someone, he tripped, and shot two people trying to stop him from shooting others.
The fact that the police didn’t arrest him and take him into custody right then and there, even if they suspected it could be self defense, is a grave issue with that police department.
I could further dissect this situation, but for now I’m going to end with people passing around misinformation about the victims being “criminals so they deserved it.”
First, there are no actual records of Jacob Blake or the people shot by Rittenhouse being in the official sex offender’s registry. None of them raped a 14 year old girl years ago, that is complete fabrication being purposely spread by right wing extremist sites in order to try and justify the shootings.
Jacob Blake was indeed awaiting trial for sexual assault and trespassing, and did have a warrant for his arrest. It was not assault on a child, because that is a different charge with a different title. On the charging document, it would literally say that it was against a child. From what is publicly known, he allegedly broke into an ex girlfriend’s house and allegedly assaulted HER, but he is innocent until proven guilty, and still deserves his day in court. He could truly be innocent.
Rittenhouse’s victims do not appear to have had any record, and even if they did, he couldn’t have known that at the time. You cannot insist a shoot was justified AFTER the fact because “that person was a criminal.” Criminals have rights too, whether you like it or not, and it is enshrined in the very documents that built our country. If you don’t like the constitution and bill of rights, I don’t know what to tell you.
This is also not MY OPINION, this is literally how the criminal justice system and our laws work. I hold a degree in paralegal studies and served 8 years as an Army paralegal. I’ve worked for the criminal division in the Chicago US Attorney’s Office, and currently work in federal law enforcement. This is what I do for a living, and I am not pulling this out of my ass, and my knowlege is a culmination of working in the field and being passionate about justice for 16 years. I’d be happy to send you sources and opines and case law and statutes if you need it. I did not get this from “mainstream media,” and I am not brainwashed by the left. I’m an independent progressive.
May he face justice for what he did, and may we find a way to get on common ground before more fuses to this powder keg are lit.
This has been my Ted Talk.
Amy
Thank you so much. It makes so much sense. I will probably repost it.
Biggs