Category Archives: PPC

Penn. ‘Zombie Mohamed’ Judge Mark W. Martin Didn’t Graduate Law School: Rumors Abound ‘Homeland’ Character Brody Based On Turned Iraq Vet Turned Sharia Judge-Photos And Transcript

Pennsylvania Magisterial District Judge Mark Martin provoked outrage when he

'Homeland' real-life character, Penn. Sharia Judge Mark Martin, served several tours of duty in the Middle East. The Sharia Judge carries the Koran to court and may be a technical advisor to Homeland.

summarily dismissed charges against a Muslim immigrant who allegedly attacked an atheist activist parading in a Zombie Mohamed costume.  For some reason, Zombie Mohamed’s pal, Pope Zombie, was not attacked.

But the most disturbing attack in the case was inflicted on the First Amendment by “Judge” Mark W. Martin, who launched into a six-minute tirade against the alleged victim for having the temerity to exercise his right to free speech and expression.  Now it turns out, the “judge” isn’t even a lawyer and didn’t graduate law school.  Apparently a four-week course suffices in Pennsylvania to become a magisterial district judge.

I called Judge Mark W. Martin at the telephone number provided here planning a serious First Amendment exercise workout myself, only to learn in a recorded message Monday morning that the court room had to be relocated to a more secure location on account of alleged threats the so-called judge had received.  (By the way, calling up judges with serious free speech urges on your mind and blogging about it is best done outside the boundaries of the United States – or at least the State in which the judge sits on the bench.)

The tirade is worth reading in its entirety, and I’ve included it below and interspersed highly relevant photos from Homeland and commentary – bracketed in bold.  (I’ve used the definitive transcript of the “Judge’s” remarks,  prepared by the National Review’s Andrew McCarthy, based on audio recorded in court by the alleged victim,  Ernest Perce, and posted on YouTube).

Well, having had the benefit of having spent over two-and-a-half years in a predominantly Muslim country, I think I know a little bit about the faith of Islam. In fact, I have a copy of the Koran here, and I would challenge you, sir, to show me where it says in the Koran that Mohammed arose and walked among the dead.

Your Honor, the evidence is right here.

[Unintelligible.] You misinterpreted things. Before you start mocking someone else’s religion you may want to find out a little bit more about it. That makes you look like a doofus.  [Enough with the legalese]

And Mr. Thomas [Elbayomi's defense lawyer] is correct. In many other Muslim speaking countries – excuse me, in many Arabic speaking countries – call it “Muslim” – something like this is definitely against the law there. In their society, in fact, it could be punishable by death, and it frequently is, in their society. [Objection, relevance.  We're not in "their" #$&%*ing society.]

Here in our society, we have a constitution that gives us many rights, specifically, First Amendment rights. It’s unfortunate that some people use the First Amendment to deliberately provoke others. I don’t think that’s what our forefathers really intended. [Any cases to cite in support of what you "think"?  Didn't think so]. I think our forefathers intended that we use the First Amendment so that we can speak our mind, not to piss off other people and other cultures, which is what you did.

Dressed for Legal Success: 'Homeland's' Claire Danes heeds Sharia Judge's Admonition Not to "piss off other people and other cultures."

I don’t think you’re aware, sir, there’s a big difference between how Americans practice Christianity – uh, I understand you’re an atheist. But, see, Islam is not just a religion, it’s their culture, their culture. It’s their very essence, their very being. [Correct Judge, that's the problem] They pray five times a day towards Mecca.  To be a good Muslim, before you die, you have to make a pilgrimage to Mecca unless you are otherwise told you cannot because you are too ill, too elderly, whatever. But you must make the attempt.

Their greetings, “Salaam alaikum,” “Alaikum wa-salaam,” “May God be with you.” Whenever — it is very common — their language, when they’re speaking to each other, it’s very common for them to say, uh, “Allah willing, this will happen.” It is — they are so immersed in it.

Then what you have done is you’ve completely trashed their essence, their being. They find it very, very, very offensive. I’m a Muslim, I find it offensive. F’Im a Muslim, I’d find it offensive. [Unintelligble] aside was very offensive.

But you have that right, but you’re way outside your bounds on First Amendment rights. [And you're way out of your league on First Amendment scholarship, Judge Doofus.  Try reading The Volokh Conspiracy blog.]

This is what — as I said, I spent half my years altogether living in other countries [Just like that blonde Muslim convert in Homeland who rented the pad by the airport with her Saudi boyfriend]. When we go to other countries, it’s not uncommon for people to refer to us as “ugly Americans.” This is why we are referred to as “ugly Americans,” because we’re so concerned about our own rights we don’t care about other people’s rights. As long as we get our say, but we don’t care about the other people’s say. [No judge.  It's because many of us are grossly obese, wear shorts and sneakers to the Louvre, and talk boisterously in fine dining restaurants. On the positive side, we're considered the word's best tippers.]

All that aside I’ve got here basically — I don’t want to say, “He said, she said.” But I’ve got two sides of the story that are in conflict with each other.  [Had you gone to law school you would have learned that judges often hear cases with conflicting stories.]  I understand — I’ve been at a Halloween parade, I understand how noisy it can be, how difficult it can be to get a [unintelligible]. I can’t believe that, if there was this kind of conflict going on in the middle of the street, that somebody didn’t step forward sooner to try and intervene — that the police officer on a bicycle didn’t stop and say, “Hey, let’s break this up.”

Before the end of Season 1, the evidence showed Sgt. Nick Brody from 'Homeland' had turned. The evidence suggests the same about Sharia Judge Mark Martin, the real-life character upon which Brody is based. How else could you be a Judge without going to law school?

[Unintelligible]. You got a witness.

[Unintelligible response. Judge Martin then continues:]

The preponderance of, excuse me, the burden of proof is that the defendant — it must be proven that the defendant did with the intent to harass, annoy or alarm another person — The Commonwealth, whether there was conflict or not — and, yes, he should be took [sic] putting his hands on you. I don’t know — I have your story he did and his story that he did not.

But another part of the element [of the offense charged] is, as Mr. Thomas [the defense lawyer] said, was — “Was the defendant’s intent to harass, annoy or alarm — or was it his intent to try to have the offensive situation negated?” [Huh, "have the offensive situation negated"?  Sounds like the Vet's military euphemisms are showing]

If his intent was to harass, annoy or alarm, I think there would have been a little bit more of an altercation. [No, "more of an altercation" would likely have been an assault; harassment is a less serious charge.  This is why judges should go to law school.]Something more substantial as far as testimony going on that there was a conflict. Because there is not, it is not proven to me beyond a reasonable doubt that this defendant is guilty of harassment. Therefore I am going to dismiss the charge.

Judicial incompetence and bias won’t be eliminated by the host of anti-”Sharia law” proposals bandied about by incompetent law makers with their own agendas.  We don’t have Sharia Law.  We do have lots of incompetent and routinely biased judges running loose of all stripes who wreak legal havoc with less fanfare than Mark W. Martin.  We just need judges who will apply our Anglo-American jursprudence as originalists.   Requiring they graduate from law school might be a start.

Colorado DA Mark Hurlbert’s Latest Idiotic Case: Female Coach Who Had Sex With Almost-Adult Male Student Faces Life In Prison; Saga Grows More Hilarious As Eagle Sheriff Releases Titillating Details

Let’s begin today’s update on Mark Hurlbert and Colorado’s latest legal

Coach Redfern Looking Pretty Good for a Booking Photo

telenovela by correcting several important details about Basalt High Girls Basketball coach studess, just-turned 26-year old Lauren Redfern, and her more than consensual sexual relationship with a very late teen, who I will for now refer to by the name “Slugger.”  Credit for the man-child’s apt moniker belongs to the fun writers at the popular celebrity site Busted Coverage.   And like many stories involving baffling Mark Hurlbert case filing decisions, this one’s now gone international and is cracking up readers across the pond in the U.K’s photo-studded Daily Mail.

I posted here on Thursday,  based on news reports, that Slugger, a senior at Basalt High, was a tender child of the mere age of 17 1/2 at the time he was violated.  But according to Eagle County Sheriff’s documents filed in court February 17, Slugger but was a full 17 and 11/12th years old at the time of his most recent heinous “sexual assault” at the hands and otherwise of Coach Redfern.   And another sexual encounter occurred right after Slugger hit the big 1-8, but Slugger was no longer a victim of a serious felony at that point.  I’m hoping we’ll see a hunky photo and learn Slugger’s name real soon.

Coach Goes To Court February 17, Eagle, CO. Is that hottie behind her Slugger?

And speaking of serious felonies, original reports I cited stated Coach Redfern faced up to 16 long years in a costly-to-taxpayers,  union-run Colorado prison for her multiple acts of “sexual assault” against Slugger.  The Fifth Judicial District’s lame duck, term limited DA Mark Hurlbert helpfully set the record straight that Colorado is not some pansy, slap-on-the-wrist state in serious “sexual assault” cases such as allegedly committed by Coach Redfern upon the helpless, passive, athletic male body of Slugger.  No, no, no, no as we say in Mexico.   Redfern actually faces life in prison for what she allegedly did to Slugger.

Not that Slugger’s felonious victimizer would actually receive such a Sharia Lawesque sentence, because DA Hurlbert will be considering all the “mitigating and aggravating” circumstances in negotiating a likely plea bargain, and the judge will do the same in imposing sentence.  But life as one knows it is basically destroyed by the mere stroking of some computer keys in just being charged with a felony.

Slugger Pursued The Coach!

I anticipate this revelation from the Eagle County Sheriff’s Department will be a major mitigating factor.

[Slugger] met with investigators at the sheriff’s office substation in El Jebel and told them he pursued Redfern romantically. He said they met two years ago and shared an interest in athletics and they worked out at the same gym. The student said Redfern was his study hall teacher.  [Slugger] said they got together several times starting in October and engaged in fondling, which advanced to sexual intercourse “about three times” in November and December, before he was 18. Their sexual relationship continued after he turned 18, according to his interview. He told deputies he believes he fell in love with Redfern. [Emphasis added] “[Slugger] explained that Redfern had no bearing on any of his grades or status within Basalt High School,” the affidavit said. “[Slugger] said that he never felt like he had to develop the relationship or continue it in exchange for any benefit or status.” Both Redfern and the student said they decided after “the bathroom incident” on Feb. 9 to discontinue their relationship until after the student graduated. They had little choice since the criminal investigation began the next day.

Bathroom Incident

Now,  what is this “bathroom incident”?  It’s a classic.

[Coach Redfern and Slugger] drew attention to themselves while allegedly having sex in the bathroom of the teacher’s office Thursday, Feb. 9, according to the Eagle County Sheriff’s Office. The athletic director of the school allegedly interrupted the encounter when he knocked on the bathroom door, said an affidavit filed in support of an arrest warrant. Teacher Lauren Redfern came out of the bathroom and exited the office with the athletic director while the student stayed behind, the affidavit said. “School administrators confronted the student who told them that he had sex with the teacher in the bathroom,” the affidavit continued. The document, which was filed in Eagle County District Court, didn’t make it clear if [Slugger] was questioned by school administrators on Thursday or Friday. Roaring Fork School District Superintendent Judy Haptonstall said she believed the incident occurred late in the day on Feb. 9 and that district administrators began investigating the morning of Feb. 10.

According to the U.K. Daily Mail, the "Bathroom Incident" occurred in a bathroom similar to this.

But it gets even better (or worse) when the “bathroom incident” and its aftermath is examined from my inevitable defense lawyer perspective.   That’s because the “bathroom incident” was perfectly legal because Slugger was now 18!  So if Slugger and Coach hadn’t opened their big mouths and “cooperated” with meddlesome government employees they would have been in the clear.

The bottom line is that the legislature is at fault for sloppily drafting this statute, but a DA has tremendous discretion on what charges to file against whom and where to spend taxpayer resources.  Mark Hurlbert is a lame duck in the upcoming November election, but there is no reason to believe his nominally-GOP second-in-command (another career bureaucrat like his boss), Scott Turner, would be much of an improvement.  I wouldn’t vote for Joe Biden any sooner than I would vote for Turner.

By contrast, private-sector lawyer Bruce Brown, nominally the Democrat opponent, seems to get very well that the vast majority of voters want a DA who goes full throtel after dangerous bad guys and doesn’t in cases like this one.  And  he brings voters some perspective-providing big city law background as well as years of private practice in Colorado as a respected, successful, ethical, case-winning attorney with 25 years’ experience.  Just what Colorado mountain county voters could use after nine insufferable years of Mark Hurlbert.

Colorado Female Basketball Coach Faces Felony Charges For Sex With 17-1/2 Year Old Male “Child” – Basalt High Teacher Lauren Redfern Charged by Eagle DA Mark Hurlbert

Basalt High's Lauren Redfern Coaching Her Girls Basketball Team - Aspen Times

In a bizarre story of legislative ineptitude, sure to invoke the ire of Fox’s Bill O’Reilly for all the wrong reasons, Eagle County District Attorney Mark Hurlbert has charged the hot, athletic, 25-year old Lauren Redfern with several acts of consensual sex with a male “child” who was also a student at Colorado’s Basalt High where Ms. Redfern taught him a P.E. class.  I kid you not, Ms. Redfern faces 16 long years in prison for this joke of a charge that at most should be a misdemeanor.

The Aspen Dailey News shares some details, as does the Aspen Times.  The Swift-owned Times explains the “nuances” of Colorado laws on young adults having sex with relatively old minors:

Colorado law has some nuances when it comes to sexual relations between people in their late teens and adults. An 18-year-old can have a consensual sexual relationship with an older adult, even a teacher, without a crime being committed, McWilliam said. That would violate policies of most schools, but it isn’t a crime because an 18-year-old is considered an adult.

A 17-year-old can have sexual relations with an adult of any age as long as it’s not a person in a position of trust — such as a teacher, according to McWilliam.

Sorry, but the hot adults a late teen is likely to meet are these “people of trust.”  Late teens generally can’t go to bars and meet untrustworthy adults there.  (I’ll be blogging later about how head District Attorneys in positions of trust are rewarded instead of punished for far worse sexual transgressions in Colorado’s 18th Judicial District as we follow the re-election bid of DA Elizabeth Oldham (RINO – Grand County).  Here’s a couple blog posts of mine from 2010 about DA Oldham and her transgressions.)

Back to the hot action at Basalt High.  How were these sexual encounters discovered?  Apparently the gossip mill was running at full-tilt in Basalt and school officials discovered the relationship while collecting their union paychecks.

Man-child “X”, the alleged victim,  is now 18, and did not seek to have charges pressed, nor did his family.  But according to nanny-state enabler Eagle County Undersheriff Mike McWilliam, this doesn’t matter one little bit.  “It’s really not in their hands,” McWilliam said of alleged victims in these heinous cases.  These are cases where we, “The People of the State of Colorado” are the aggrieved party.

Meanwhile, plenty of real dangerous criminals run free in Colorado and even down here in Los Cabos, Mexico, where real victims want real charges filed.  But they aren’t.

ExPat ExLawyer herself is one such victim here in Mexico.  Right now, I’m blogging from the left – not politically speaking -no, never.  Literally speaking.  My right arm was shattered in an unprovoked attack and I just had surgery involving six screws and one titanium plate.  The assailant meanwhile is still running around loose.  I’ll be blogging about my experience with the Mexican criminal justice system soon.

Michael Bender Named Chief Justice of Colo. Supreme Court

Colorado Supreme Court Justice Michael Bender was just voted in by his colleagues as Chief Justice, replacing the retiring Mary Mullarkey.  Bender, along with Mullarkey and Justices Nancy Rice and Alex Martinez, were the targets of a no retention effort by Clear the Bench Colorado.  The effort may  well have precipitated Mullarkey’s retirement.  And though the other three justices held on to their posts, the opposition garnered an unprecedented approximate 40 percent of the vote.

To his credit, Bender doesn’t have the usual cookie-cutter government prosecutor background (see Colorado public disgrace, DA Mark Hurlbert, here and here).    Unlike most recent appointees to the courts in Colorado and the rest of the country, Bender worked in private practice from 1979 until he was appointed to the Colorado Supreme Court in 1997.  He also did stints in the Jefferson County, Denver, and state public defender’s offices and the federal Equal Employment Opportunity Commission.  He will officially replace Mullarkey on November 30.

‘Mad Men’s’ Don Draper Reacts To Colorado Election Results

Seems as if  mystery ad man,  Mad Men’s Don Draper, was about as stunned as I was by all the young Dems robotically marking their Ds last Tuesday.

Fox News Poll: Tom Tancredo Now Within 3 of John Hickenlooper For Colo. Governor

Tom Tancredo has edged within 3 points of  Denver Democratic Mayor John Hickenlooper in the latest Fox News Poll.  Hickenlooper now takes 47 percent of the vote to Tancredo’s 44 percent.  Maes drew just 6 percent support, down from 10 percent two weeks ago.  Seventy three percent of Republicans backed Tancredo over their party’s nominee.  Tancredo told crowds this past weekend  he needs 80 percent GOP support to win.

The poll of 1,000 likely voters was conducted for Fox News by Pulse Opinion Research on October 30.  The poll has a 3 point margin of error, making the race a toss-up.  Full demographic cross-tabs are here, and the complete questionnaire is here.  The Fox News article also has the polls for  key races in other battleground states.

Buck Leads Bennet 50-46 In Latest Fox News Poll

Republican tea party challenger Ken Buck now leads appointed Democratic Senator Michael Bennet 50-46 in the latest Fox News Poll in the race for the U.S. Senate in Colorado.    Pulse Opinion  Research conducted the  survey of 1,000 likely voters on Oct. 30, which carries a  margin of error of only 3 points.   The poll reflects a 4-point increase for Buck over the previous survey conducted two weeks earlier.

Full cross-tabs for the poll are here, and the complete questionnaire is here.  The article on the poll includes analysis of all the other battleground races.

Ritter Would Pick Replacements Of Any Judges Voted Out In November Election

As confirmed to me by the judicial branch almost three months ago, current Colorado Democratic governor Bill Ritter would name any replacements of judges not retained in Tuesday’s election.  (See, Article VI, Section 20 of the state constitution).  Now that Lawweek ran a story on it today, I finally felt comfortable blogging on it, as so many Republicans told me otherwise despite my having done a thorough email cross-examination of Judicial Branch Public Information Officer, Rob McCallum.

Here’s his reply to my intense questioning back on August 5:

All judges standing for retention are in the midst of a term that expires on Jan. 11, 2011.  If a judge is not retained and sits through the end of the term (which is historically the case) the nominating commission will convene following the November election and go through the process to send nominees to the Governor who will then appoint the new judge to the bench beginning on, or after, Jan 11, 2011.

If a judge is not retained by the voters and decides to immediately resign (to my knowledge this has never happened) then the nominating commission would begin its process and would have names to the Governor within 30 days of the judges departure.  The Governor would then make the appointment.

In both scenarios it would be Governor Ritter’s appointment.  [Ed:  Ritter's term similarly expires on January 11, 2011]

So much for the debate on the importance of the next governor for the current judiciary, right?.   Or is it?  Sure Ritter is going to appoint some legal losers.  He was a terrible DA and loves other terrible DAs for trial court judgeships (but so did Republican Bill Owens), and of course he will try to appoint Dems or legal establishment insiders who might as well be Dems to the Colorado Supreme Court.  But voting the bums out now  means the replacements only get a provisional two-year term, and are up for retention again then.

As  Clear the Bench Colorado Director Matt Arnold frequently pointed out when it looked like Hickenlooper was a sure bet, the judicial branch ain’t easy to change, and it’s best to take it one step at a time.  After all, it’s better to get these legal losers out now (Justices Martinez, Bender and Rice ) and have a go at the replacement in two instead of the devils-we-know in 10 years.

And while we’re at it, look carefully at your own judges.  If you look at the performance reviews read between the lines, don’t just look at the recommendation or the summary – over 99 percent receive “RETAIN” recommendations.   Under the guise of operating a merit system, the Commission on Judicial Performance operates more like the teachers unions – they get a 99 percent “retain” too.  So if your local judges sound sketchy in the least, there’s a good chance they’re legal losers too.

We need a reform that grades on a curve.  If it’s really about merit, then let’s reform the law to require the Commission give no-retain recommendations to say the bottom 10 percent.  This will force the judges out of the world of communist-like equality into a world of at least modest competition .  Besides, if the locals love their legal losers so much they are free to vote to retain those bottom-ranked judges.

We also need to make the entire evaluation process more open and transparent. We need a lot of reform, and I’ll go into more about the specifics after the election, but contrary to the straw man arguments brought up by the legal establishment, this reform can easily come within Colorado’s so-called Missouri System of appointment and retention.  No one involved in the forefront of the reform movement is advocating straight elections.

Meanwhile, vote down the three Supreme Court justices on the ballot, and urge everyone you know in Larimer County to vote out corrupt, evidence manufacturing district court judges Jolene Blair and Terry Gilmore.  Since January, I’ve been all over this pair of legal refuse that caused an innocent man, Tim Masters,  to sit in prison for murder for 10 years  because of exonerating evidence they withheld,  for which they were disciplined, and for which the county and city paid out a total of $10 million to Masters.  I’m thrilled  that it looks like the voters will spit on the “RETAIN” recommendations cynically handed out by the Commission on Judicial Performance.

Pollster Forecasts Tancredo Win For Colo. Governor, GOP Retake Of Both State House And Senate

The Businessword’s Don Johnson reports that David Flaherty, the president and CEO of  Magellan, a Republican leaning poll with excellent turnout models,  predicts Tom Tancredo will beat Denver Dem Mayor John Hickenlooper in Tuesday’s Colorado governor’s race.   Flaherty also predicts Republicans will take both the state House of Representatives and the state Senate.

Other polls show Tancredo trailing in everything from tight contests to a dubious CNN outlier that gives the hard left Hick a double-digit lead.

So why does Magellan think Tancredo will win?  According to  Don Johnson’s interview with Flaherty:

Flaherty said polls that show John Hickenlooper winning the gubernatorial race are using demographics and turnout numbers that incorrectly skew their results in favor of Democrats.

“I do believe that Tom Tancredo is going to win,” Flaherty declared. In recent polls, Tancredo has about 73% of Republican voters. Flaherty thinks Tancredo will wind up with over 80% of Republicans. It will be in the low 80s, he said.

Tancredo is benefiting from Dan Maes’ decision to stay in the race, Flaherty said. Because Maes stayed in the race, Hickenlooper and the Democrats figured that Tancredo and Maes would split the conservatives’ and unaffiliated voters’ and that they didn’t have anything to worry about. If Maes had dropped out, as Tancredo and Republican leaders asked him to, the Democrats would have attacked Tancredo, he said.

Now that Tancredo is poised to win, Flaherty said, it’s too late for the Democrats to attack Tancredo.

The excellent post at Businessword has lots more details on these races, as well as the attorney general contest.

Barack Obama Illiterate Off-Teleprompter: Dude In Chief Reveals On Jon Stewart’s Daily Show Doesn’t Know Definition Of ‘Pun’

I often laugh when I hear people refer to Barack Obama as an intellectual elitist.

Barack Obama at Occidental College in Los Angeles. He later transferred to Columbia. (Photo - Time)

He may be an elitist, but he’s no intellectual – a point made even more clear by the Dude in Chief’s (hereinafter,  DIC) appearance on Thursday’s Daily Show, with Jon Stewart.

This followed on the heel’s of the DIC’s latest in-dialect rant where he listed a laundry list of nouns, and then incapable of negotiating an agreement between subject and number, used “has” instead of “have”  - a point noted by few in the media.   Guess I’m racist,  or  at least elitist, for pointing it out. Oh well, I guess while I’m at it, I’ll note what an abysmal failure affirmative action was and how crazy it is that we know exponentially more about Dan Maes’ academic background than the president’s.

His latest blunder is now infamous:  He doesn’t know the meaning of the word “pun.”   On the Daily Show,  in a delusional attempt to brag about his accomplishments,  the DIC claimed Larry Summers did a “heckuva job.”  (No, he wasn’t using “job” as a pun, though I’m sure many viewers were).

Here’s the video of the exchange [Updated video] :

Most analysts focused on the intended part as being the blatant lie that it was, but the diction issue was troubling as well.  Granted, if forced to choose one subject for this phony to have aced, I would settle for  Econ 101 over English 101.   That Dude is a real DIC when it comes to managing the economy.  Pun intended.