My Snow Leopard disaster continues

It’s the third day since I lost the use of my only computer, a Macbook pro, and I’m about to head off to the Bay St. Apple Store in Emeryville, CA for the third time to try to get it working again.

Please see my post yesterday explaining how a failed update to the much-heralded Snow Leopard OS X left me macless.

Last night, after the Apple Store wiped my brand-new hard drive, I went home and followed their instructions for installing SL again and restoring from my Time Machine backup. The SL install worked; the TM restore failed because the Snow Leopard installer does not allow you to specify WHICH TM backup you want to restore from!

That’s right: SL automatically grabs the most recent backup — which in this case was a backup of the lobotomized virgin system captured after my first SL install.

Tom worked hard for several hours last night via iChat screen share to try to manually restore the correct TM backup. Below are his notes

Right now I’m en route to the Apple Store. I plan to be there when they open and stay there until they fix this. I’ll be updating on this blog and via Twitter” throughout the day.

…BTW, I’m having to run all these errands at a time when my orthopedist has cautioned me to walk as little as possible. I had knee surgery Aug. 13 to repair a torn ACL. I have a leg brace for getting around during recovery, but walking too much now impairs my recovery. So managing this Apple ordeal is putting my physical well being at risk. No exaggeration.

Anyway, here’s Tom’s account of what happened with my mac last night and what I’m trying to achieve today….

Continue reading

One streaker gets plea bargain. Boulder cops defend their bullying

After I attended the Dec. 17 arraignment hearing for the 12 streakers cited by Boulder cops during the 10th annual Naked Pumpkin Run, I had a pretty busy week and didn’t have time to follow up further. Fortunately, The Colorado Daily did follow up on this case, reporting that one of the runners did accept the plea bargain offered by the Boulder District Attorney.

According to the Colorado Daily:

“[The runner] agreed Thursday to plead guilty to disorderly conduct, a petty offense. She agreed to undergo six months of unsupervised probation, eight hours of community service and pay $27 in court fees. She will not be required to register as a sex offender, and her record will be cleared if she doesn’t commit any crimes for at least six months.”

Also, Colorado Daily reported that according to prosecutor David Chavel:

“The agreement with [this defendant] would likely represent the same offer extended to all of the accused Halloween streakers. However, he said it would be ‘up to each individual’ to accept such an offer.”

“All of the cases are being handled separately, Chavel said, because some of the runners have attorneys and others do not. He said the remaining cases involving the naked runners are in negotiations with the Boulder District Attorney’s Office.”

What got me, though, was this statement from the Boulder Police Department quoted at the end of the Colorado Daily story. (Note: This statement does not appear to be on the Boulder Police Dept. web site, I’ll request a copy.)

“The decision was made by the District Attorney’s Office, which consulted with the department. Chief Mark Beckner believes this is an appropriate disposition. As for future violations, Boulder officers will continue to issue citations or make arrests based on the law as it is written. It is — and will remain — the province of the District Attorney’s Office to determine whether other charges are possible.”

…Correct me if I’m wrong, but this statement appears to mean that the Boulder cops intend to continue issuing indecent exposure citations to streakers — despite the fact that the DA’s office does not appear to consider that charge appropriate. Which means the cops can (and probably will) continue to bully and intimidate citizens through inappropriate charges — and leave it up to the DA and the courts to spend our resources to bring those charges back to reality.

There’s a much deeper issue at stake here beyond these cases, and it’s why I keep revisiting this story: Is this the kind of law enforcement we want to allow in Boulder?

Continue reading

Plea Bargains in Process for Boulder’s Naked Pumpkin Runners

I just returned from the arraignment hearing for the 12 people ticketed for indecent exposure on Oct. 31 during Boulder’s 10th annual Naked Pumpkin Run.

To a layperson like me, this arraignment hearing was remarkably short and opaque. But I did get more info from a defense attorney and clerk from the District Attorney’s office. Here’s where things are at with this case, so far as I understand…

Continue reading

NYTimes.com: Source documents, please?

Today the New York Times published on its site this story by Gardiner Harris: Research Center Tied to Drug Company.

Public documents are the crux of this corruption story — specifically, “e-mails and internal documents from Johnson & Johnson made public in a court filing.”

The article included lots of detailed background on this complex case. However, it failed to supply or link to the source documents — or even cite the case (court, case name, docket number) in a way that would allow interested people to find the documents on their own.

I see this a lot, and it confounds me. Here, the New York Times evidently believes its readers are savvy enough to understand the risks of commercial interests undermining scientific research and — in this case — possibly putting kids’ physical and mental health at risk.

…But they expect me to just take their word about what those documents said? They don’t think I’d care to see the original context in which the statements they quoted were made? They don’t even think I might want to be able to look up the documents, or follow the case?

Obviously, the New York Times has these documents. Also, these documents are public information — so you don’t have to worry about breaking copyright or confidentiality. So why didn’t the Times simply present them?…

Continue reading

Naked Pumpkin Runner Hearings: Dec 17 and Jan 12

One nice thing about our legal system is that, with a few exceptions, arraignment hearings are public. Anyone — even you! — can attend and observe. Simply having extra eyeballs present in the courtroom, just watching, can encourage judges, lawyers, and cops to apply extra care and common sense in the legal process.

This is why, as I mentioned earlier, I’ve been tracking the legal process related to the 12 indecent exposure citations which Boulder police issued to participants in the 10th annual Naked Pumpkin Run late on Halloween night — a jubilant, silly, nonsexual event enjoyed each year by crowds of locals on Boulder’s Pearl St. Mall. If convicted on this charge, all 12 defendants would be required to register as sex offenders. (Under Colorado law, judges appear to have no room to waive that requirement for adults.)

I saw today that the Daily Camera added court date information to its Nov. 4 story about the the upcoming hearings in these cases:

“Because indecent exposure is a state violation, the cases will be heard in Boulder County Court, not the city’s municipal court. Ten of those cited have a Dec. 17 court date. The other two have a Jan. 12 date.”

As I noted earlier, I’ve been calling the local courts to try to find out exactly when and where these hearings will be held. It was pretty confusing, because neither the county nor the municipal court so far (even as of today) has any record of these cases. Then a woman at the county court suggested that maybe the police hadn’t yet sent the tickets to the courts.

Indeed, that’s the case here. I just called the Boulder police, and confirmed that as of today the police have not sent the tickets to the court. However, I did verify that these cases will be heard in county court, on Dec. 17 and Jan. 12.

The hearings will happen at the Justice Center, 6th & Canyon, Boulder. (Map)

I’m encouraging people interested in justice for these defendants to please attend and observe these hearings.

Here’s what to do…

Continue reading

Boulder Police DID Have Options: Disorderly Conduct Citation

Yesterday, Boulder Daily Camera reporter Amy Bounds interviewed me about my experience at the 10th annual Halloween Naked Pumpkin Run, where 12 streakers were cited by police for indecent exposure. She used that information to expand her Camera story naming those cited — a list that included several local scientists and students. (I wrote about this yesterday.)

Bounds also added to her story a brief quote from Boulder police chief Mark Beckner:

“Boulder Police Chief Mark Beckner said indecent exposure was the charge that best fit the violation. ‘We don’t set the law,’ he said. ‘As police officers, we enforce it. We don’t get into the sentencing part of it.”

It doesn’t look like the Camera saw fit to push back against Beckner’s facile claim, which is unfortunate. Because the Boulder police did have another option here. They could have chosen to cite the streakers instead under Colorado statute 18-9-106. Disorderly conduct.
Continue reading

12 Naked Pumpkin Runners Named, Camera Catches Up

UPDATE NOV. 5: The Boulder police had other options. They could have cited streakers for disorderly conduct instead of indecent exposure. Also, the Daily Camera interviewed me on this controversy…

Yesterday, after much prodding from local bloggers (including me) and commenters on its site, the Boulder Daily Camera finally reported that the streakers who got busted by Boulder police at the 10th annual Halloween Naked Pumpkin Run will, if convicted, have to register as sex offenders. Today, the paper also published the names and ages of the 12 streakers who were cited for indecent exposure. All of these people are over 18, and thus under current CO law must register as sex offenders if convicted.

No acknowledgement of the community/independent media role in pressing this issue was offered by the Camera.

I just called the Boulder Municipal Court (303-441-1842), which informed me that Boulder County Courts (303-441-3750) are handling these cases. The county court rep I spoke was surprised, since normally misdemeanor citations handed out within Boulder City Limits get processed through the municipal court system. However, he did say that if indeed the county will be handling those cases, they should have more information on Friday. So I’ll call back then and will post an update. I’ll also check back with the municipal court, just in case they gave me incorrect information.

I’m contacting the local courts because I want to learn the dates and locations of arraignment hearings for the busted streakers. As far as I know, the public (including media) can observe these hearings. It’d be here that we’d learn whether these cases are being plea bargained down, whether there are motions for dismissal, and in general the attitudes of the judges, cops, attorneys, and defendants.

Stay tuned…

Boulder Naked Pumpkin Runners = Sex Offenders? COME ON!

Scene of Boulder’s 2008 Naked Pumpkin Run busts, plus two nearby real (violent) crimes earlier that same day.

UPDATE NOV 4. The names of the 12 busted streakers have been published, so I’m following up on this case via local courts

On Halloween, as I wrote earlier, I went down to Boulder, CO’s Pearl St. pedestrian mall to check out the costumes — which are always spectacular — and to see the annual Naked Pumpkin Run. (Note: that link above goes to my blog post which includes a video containing nudity.) This loosely organized event has a lot of local fans.

The Naked Pumpkin Run is nothing more than that — sometime around 9-10 pm on Halloween, a bunch of people get naked, put jack-o-lanterns on their heads, and run en masse down the Pearl St. Mall. It’s not sexual, violent, dangerous, or threatening. It’s just silly. It’s unique. It’s fun. It’s exuberant. It’s positive and life-affirming.

And: It’s illegal.

Unlike in previous years, the Boulder police were out in force for this event, where they ticketed several runners for indecent exposure. Consequently, several fun-loving local folks may end up suffering life-altering public stigma as registered sex offenders.

No kidding.

The Colorado Daily posted this video of the event, including some footage of the busts:

Need some irony? All this happened less than 24 hours after two remarkably violent assaults, which occurred just a half-mile from the scene of the Naked Pumpkin Run busts.

Here are the details, as best as I’ve been able to gather them so far… Continue reading

Being a Citizen Shouldn’t Be So Hard! Part 1: Human Nature

NOTE: This is part 1 of a multipart series. More to come over the next few days. See Part 2.

This series is a work in process. I’m counting on Contentious.com readers and others to help me sharpen this discussion so I can present it more formally for the Knight Commission to consider.

So please comment below or e-mail me to share your thoughts and questions. Thanks!

If you want to strengthen communities, it helps to ask: What defines a community, really? Is it mostly a matter of “where” (geography)?

Last week I got into an interesting discussion with some folks at the Knight Foundation and elsewhere about whether “local” is the only (or most important) defining characteristic of a community. This was sparked by an event held last week by the new Knight Commission on the Information Needs of Communities in a Democracy — an effort to recommend both public and private measures that would help US communities better meet their information needs.

From the time I first heard of this project, I thought it was an excellent idea. It bothers me deeply that many (perhaps most) Americans routinely “tune out” to issues of law, regulation, and government that not only affect them, but also that they can influence — at least to some extent. (I say this fully aware that I often fall into the “democratically tuned out” category on several fronts.)

The problem then becomes, of course, that when citizens don’t participate, their interests are easy to ignore or trample.

Why do so many Americans abdicate their power as citizens in a democracy? It seems to me that many are too quick to “blame the victim,” pointing to widespread apathy, ignorance, or a prevailing sense of helplessness as common democracy cop-outs.

I think there’s a different answer: The way our democracy attempts to engage citizens actively opposes human nature. That is, it just doesn’t mesh well with how human beings function cognitively or emotionally.

Fighting human nature is almost always a losing battle — especially if you want people to participate and cooperate….

Continue reading