Inspired by meat (and two broken handles), I picked up an all steel shovel tonight. Looking forward to toolin' around the yard with it.
77 thoughts on “May 29, 2020: Diggin’ It”
Ferguson flashbacks.
This has one major difference.....
It has a lot of differences, but the consequences are unfortunately looking similar.
The major difference is that donald j trump is president. Instead of trying to calm an already fearful nation he’s stoking the flames of resentment that will almost certainly lead to more violence.
I'm really, really trying not to focus there. But yeah.
Holy crap, Mpls!
I just about left for Mpls a couple of times over night. But decided I probably shouldn't lose my job. Really getting their money's worth this week. I have serious questions as to whether I'll be able to get to South Minneapolis at 9 tonight.
Oof. Good luck getting back.
Thanks. If I wasn't looking for a place to move to by 7/1 I'd probably not even try, but I'm *supposed* be looking at 3 places on Saturday. But I have to check in on that today yet.
This is agonizing enough for an expat to watch, and I’m sure that’s not a tenth of how it feels to be out of town and away from home.
Hang in there.
With all the difficult stuff happening right now, the jalapeno is in tears because I told him he has to get dressed. Of all the dumb battles to be having...
I think I can relate to the jalapeno, I'm feeling pretty overwhelmed right now.
I'm planning to leave Minneapolis today. I got sick a few weeks ago, and the doctor pointed to anxiety as the likely source. I don't feel like I have a reasonable sense of scale or context right now. I feel like I'm being gas-lit. And I feel guilty because I have it so much easier than most people and I'm still not handling things well.
My family recently went through some personal issues that are never easy to deal with, but going through it on top of everything else added a nearly-unbearable weight to it all.
We're back on track, for the most part, but it really felt like a coin on the train tracks that managed to derail everything.
Take care of yourself, Ben.
Indeed. Self care, in whatever format, is more important now than ever. Hang in.
😞
I don’t know why this didn’t register with me until last night, as I watched the reports coming out of Minneapolis: Cup Foods, the market where MPD officers killed George Floyd, was four blocks from my last Minneapolis address. I lived just south of 42nd, the border between Bancroft & Northrop. I went into Cup regularly for cigarettes & snacks. That was almost twenty years ago now, but that realization made this cut even deeper.
Just drove both University and Lake. Lots of people (especially in St. Paul on University) out cleaning up debris. Several buildings completely burned to the ground. Fire crews at Chicago and Lake were just starting to try to put out a fire at the northeast corner (TMobile store).
I was just looking at the very lengthy list of damaged businesses and saw a report with drone footage of the damage. They didn't list homes but I've seen reports of that, too.
Lots of businesses around here closing for the weekend.
I heard MoA is in no rush to re-open.
I had to take a few detours where University and Lake were closed for fire control and didn't see a single house that had been damaged.
That's good to hear. Thank you.
Can confirm, per source, @JeffPassan report that the #MNTwins do not plan to release Minor Leaguers and will continue to pay stipend, benefits through Aug. 31.
All front office business and baseball side employees are similarly taken care of through June for now.
Their position on this — not just compared to their fellow owners, but their dad’s roles in collusion & contraction — has been good to see. I’ll give them the stick for continuing to sign i-i’s meal tickets, but they deserve credit when they do the right thing, as they are now.
Guess what's going to be a huge problem down the road...
Minn. Stat. 609.195(a): Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree."
The Minnesota Supreme Court has weighed in on these elements. The Minnesota Supreme Court has repeatedly explained that third degree murder alleging the perpetrator had a depraved mind "cannot occur where the defendant's actions were focused on a specific person." State v. Barnes, 713 N.W.2d 325, 331 (Minn. 2006); State v. Wahlberg, 296 N.W.2d 408, 417 (Minn. 1980); see also State v. Jackman, 396 N.W.2d 24, 30 (Minn. 1986) (using similar language to discuss the requirement that there cannot be an intended victim); State v. Carlson, 328 N.W.2d 690. 694 (Minn. 1982) (same).
So, um, yeah, that's going to be a problem that Chauvin's attorney is going to exploit.
Manslaughter can still stick, but then he's looking at about 4 years in jail (if that). They could also try for second degree murder. Third degree murder is just a complete non-starter (which is why it's bizarre it took 4 days for charges yet they chose a charge that can't stick).
I guarantee you that they aren't trying to charge crimes they cannot prove. I think they're just so overwhelmed that they adopted the same playbook from the Justine Damond murder without realize the facts don't fit the same charges.
At this point, they're going to have to add a second-degree murder charge because the public's not going to stomach them dismissing the only murder charge if/when they realize they can't get a conviction.
I'm just poking around the internet to study for my shithouse lawyer bar exam...as I'm sure many will be doing now...is 2nd degree murder going to fly, given the requirement of intent? That one seems like a stretch, too. No?
It might be acknowledging the fact that "murder" is the language being used and the state calling it anything less will be a problem.
My wife seemed agitated it was only 3rd degree, and the family has called for 1st degree.
I'd like to know what the standard for 2nd degree murder is and how distant that is from reality.
1st degree is premeditated. Premeditation means "to consider, plan, or prepare for" the act before its commission. I think everyone, upon some reflection, can agree that isn't present here.
2nd degree murder are causing the death of another with intent (but without premeditation). Intent is going to be super tricky and difficult, but the language in the Complaint says another officer suggested rolling Mr. Floyd over onto his side while the Defendant said he was going to keep him on his stomach. Is that enough? Surely, there are more facts out there.
Well... this is from the charging document and I am having a real nice long think about this: "The autopsy revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation...The combined effects of Mr. Floyd being restrained by police, his underlying health conditions and any potential intoxicants in his system likely contributed to his death."
As a non-lawyer who knows nothing about this, is that in any way common for probably cause complaints like this? Are they supposed to try to avoid being one-sided or anything like that?
Normally, they just a recitation of the necessary facts to show probable cause for the elements of the crime being charged. However, given that all facts can be shaded, they are pretty much always shaded in favor of the author's side (which is one reason why the victim blaming seemed so bizarre). I'm sure quite a few defense attorneys are wondering why their clients aren't afforded some of the same "factual context" that Mr. Chauvin is being given.
No, that is not typical. I had to stop and remind myself several times that this was a charging document, not a written statement validating no-charge.
I'm lacking the words to say how astounded I am at this charging document.
Around the Justine Diamond case there was significant talk of good-faith arguments for expanding the definition. On its plain meaning, the previous interpretations by the Court seem to be more limiting than need be, right?
Alternate argument: the callousness of the officer was directed generally - to the others who suggested rolling him over, to the citizens calling for it to stop, etc. - and thus the "depravity of heart" wasn't directed at an individual? That's probably a stretch, but I could maybe get there...
That all said, I don't see why 2nd wouldn't have been added outright - just as you pointed out above, the other people suggesting to roll him over seems to say "people were aware of the risk/dying happening" so the Defendant was aware, and his refusal to change evinces intent. Add the citizens who were present who were calling attention to these things, and the continued kneeling even after loss of consciousness... I think you've got enough to get over the PC hump on intent. Hard to win, but likely enough for PC.
Reviewing the use of "intent" in the 2nd degree and the definitions of intent/intentionally/etc. - I think there's a gap in our statutes if 3rd degree is to remain as narrowly drawn as it has been by those previous courts.
That's probably a stretch, but I could maybe get there...
I'll just get it.
~Matt's wife
This is excellent work. Thank you for this valuable service to the WGOM community.
I intend to take opportunities to recognize the mood lifters among us in these very, very challenging times.
Mrghrfrrkgrrshrfrm....
definitely worth 99 WGOM cents. Just...short...of a buck.
Not sure why all you country lawyers have to spoiler everything on this topic. Latin would be better.
"Boomhauer, I didn't understand a word you said. Damn legalese."
In other news, I was a near absolutely useless employee this week. I thought I was rolling with things as well as any, but I think WFH fatigue has landed hard.
It's way more than just the work itself, but that role has suffered the most.
Hang in. I was on site every day this week and was equally worthless as I spent most of my time trying to figure out where we should begin. These are strange times. No response is unusual.
And R.T. Rybek just openly called Bob Kroll a racist.
it's spelled "Rybak." You may no longer guess this round
Oooooh, Boo-urns!
You... got me.
I noticed Kroll has been conspicuously absent from pretty much every news source I’ve been pouring through. Was kind of waiting for him to show.
Got a coworker who lives 3 blocks from the 5th precinct (right by the Y). So far, he says he's sticking it out, but I've told him to call if his family needs to evacuate. This is just ridiculous.
Sheenie did a lot of volunteer work with YouthLink the last decade, and the Hibachi Grill currently burning to the ground was a very popular place for homeless teens because it was all-you-could-eat which was a godsend when you are experiencing homelessness.
Oh, Paul Gazelka, who's entire political platform is F-the-Twin-Cities, is now doing the media circuit. Great.
yeah, i dont get why he needs to be on anything. Its not like he can do anything to help the situation right now.
Other than call the White House and beg for martial law, apparently. Which, given the person capable of ordering such an occupation, is deeply frightening.
I’ve also read reports that Customs & Border Patrol had a Predator drone flying over the city, allegedly on a surveillance mission.
This press conference is ... not good.
I was not expecting the white supremacists question to be answered with "maybe, but probably the drug cartels"
What now?
Paraphrased interaction at the press conference:
Reporter: There are reports that white supremacists ate present and causing destruction. Will you comment?
Governor Walz: I can't get into the specifics, but maybe. Also, the drug cartels have sent people here because they're annoyed that the supply lines have been cut off.
Truly bizarre.
"I can't get into the specifics, but maybe" is meme material
Asking out of ignorance...Bizarre presser because not true/unfounded, or bizarre situation because unprecedented external interference?
Bizarre because it did nothing to relay any information or answer any questions to reassure that there was any sort of ability to do anything, and, on top of basically saying there's nothing they can do, they had those memeworthy comments above. Why did it take until 130am to basically announce to the world "we got nothing?"
Surely, that could have been done two hours earlier.
And doesn't "We've got nothing" just invite more outside influence to come here?
At least "We got nothing" was truthful
Truthful isn't helpful in this case.
It was better than complete silence (which led to crazy things like Local officials tweeting that the guards had been withdrawn).
One of my favorite quotes from Star Trek:
CRUSHER: I mean, you're acting like you know exactly which way to go, but you're only guessing. Do you do this all the time? PICARD: No, but there are times when it is necessary for a captain to give the appearance of confidence.
Ferguson flashbacks.
This has one major difference.....
It has a lot of differences, but the consequences are unfortunately looking similar.
The major difference is that donald j trump is president. Instead of trying to calm an already fearful nation he’s stoking the flames of resentment that will almost certainly lead to more violence.
I'm really, really trying not to focus there. But yeah.
Holy crap, Mpls!
I just about left for Mpls a couple of times over night. But decided I probably shouldn't lose my job. Really getting their money's worth this week. I have serious questions as to whether I'll be able to get to South Minneapolis at 9 tonight.
Oof. Good luck getting back.
Thanks. If I wasn't looking for a place to move to by 7/1 I'd probably not even try, but I'm *supposed* be looking at 3 places on Saturday. But I have to check in on that today yet.
This is agonizing enough for an expat to watch, and I’m sure that’s not a tenth of how it feels to be out of town and away from home.
Hang in there.
With all the difficult stuff happening right now, the jalapeno is in tears because I told him he has to get dressed. Of all the dumb battles to be having...
I think I can relate to the jalapeno, I'm feeling pretty overwhelmed right now.
I'm planning to leave Minneapolis today. I got sick a few weeks ago, and the doctor pointed to anxiety as the likely source. I don't feel like I have a reasonable sense of scale or context right now. I feel like I'm being gas-lit. And I feel guilty because I have it so much easier than most people and I'm still not handling things well.
My family recently went through some personal issues that are never easy to deal with, but going through it on top of everything else added a nearly-unbearable weight to it all.
We're back on track, for the most part, but it really felt like a coin on the train tracks that managed to derail everything.
Take care of yourself, Ben.
Indeed. Self care, in whatever format, is more important now than ever. Hang in.
😞
I don’t know why this didn’t register with me until last night, as I watched the reports coming out of Minneapolis: Cup Foods, the market where MPD officers killed George Floyd, was four blocks from my last Minneapolis address. I lived just south of 42nd, the border between Bancroft & Northrop. I went into Cup regularly for cigarettes & snacks. That was almost twenty years ago now, but that realization made this cut even deeper.
Just drove both University and Lake. Lots of people (especially in St. Paul on University) out cleaning up debris. Several buildings completely burned to the ground. Fire crews at Chicago and Lake were just starting to try to put out a fire at the northeast corner (TMobile store).
I was just looking at the very lengthy list of damaged businesses and saw a report with drone footage of the damage. They didn't list homes but I've seen reports of that, too.
Lots of businesses around here closing for the weekend.
I heard MoA is in no rush to re-open.
I had to take a few detours where University and Lake were closed for fire control and didn't see a single house that had been damaged.
That's good to hear. Thank you.
did the Pohlads suffer a body-snatching?
Their position on this — not just compared to their fellow owners, but their dad’s roles in collusion & contraction — has been good to see. I’ll give them the stick for continuing to sign i-i’s meal tickets, but they deserve credit when they do the right thing, as they are now.
Guess what's going to be a huge problem down the road...
edit: sorry I didn't spoiler that, though I'm not sure all of these comments really need to be.
I'll just get it.
~Matt's wife
This is excellent work. Thank you for this valuable service to the WGOM community.
I intend to take opportunities to recognize the mood lifters among us in these very, very challenging times.
Mrghrfrrkgrrshrfrm....
definitely worth 99 WGOM cents. Just...short...of a buck.
Not sure why all you country lawyers have to spoiler everything on this topic. Latin would be better.
"Boomhauer, I didn't understand a word you said. Damn legalese."
In other news, I was a near absolutely useless employee this week. I thought I was rolling with things as well as any, but I think WFH fatigue has landed hard.
It's way more than just the work itself, but that role has suffered the most.
Hang in. I was on site every day this week and was equally worthless as I spent most of my time trying to figure out where we should begin. These are strange times. No response is unusual.
And R.T. Rybek just openly called Bob Kroll a racist.
Oooooh, Boo-urns!
You... got me.
I noticed Kroll has been conspicuously absent from pretty much every news source I’ve been pouring through. Was kind of waiting for him to show.
Got a coworker who lives 3 blocks from the 5th precinct (right by the Y). So far, he says he's sticking it out, but I've told him to call if his family needs to evacuate. This is just ridiculous.
Sheenie did a lot of volunteer work with YouthLink the last decade, and the Hibachi Grill currently burning to the ground was a very popular place for homeless teens because it was all-you-could-eat which was a godsend when you are experiencing homelessness.
Oh, Paul Gazelka, who's entire political platform is F-the-Twin-Cities, is now doing the media circuit. Great.
yeah, i dont get why he needs to be on anything. Its not like he can do anything to help the situation right now.
Other than call the White House and beg for martial law, apparently. Which, given the person capable of ordering such an occupation, is deeply frightening.
I’ve also read reports that Customs & Border Patrol had a Predator drone flying over the city, allegedly on a surveillance mission.
This press conference is ... not good.
I was not expecting the white supremacists question to be answered with "maybe, but probably the drug cartels"
What now?
Paraphrased interaction at the press conference:
Truly bizarre.
"I can't get into the specifics, but maybe" is meme material
Asking out of ignorance...Bizarre presser because not true/unfounded, or bizarre situation because unprecedented external interference?
Bizarre because it did nothing to relay any information or answer any questions to reassure that there was any sort of ability to do anything, and, on top of basically saying there's nothing they can do, they had those memeworthy comments above. Why did it take until 130am to basically announce to the world "we got nothing?"
Surely, that could have been done two hours earlier.
And doesn't "We've got nothing" just invite more outside influence to come here?
At least "We got nothing" was truthful
Truthful isn't helpful in this case.
It was better than complete silence (which led to crazy things like Local officials tweeting that the guards had been withdrawn).
One of my favorite quotes from Star Trek:
A lot of Troi's lately
A lot of Troi's lately
You mean useless crew members?
"questionably useful" crew members