Original Sixteen to One Mine, Inc. - Forum Topic: "Miscellaneous"



	September 9, 2010 Thursday

Forum
Topic:
Miscellaneous

By lynwood
01/24/2006 9:46AM

Too many defendants suffer a fractured justice system
SANTA CLARA COUNTY SHOULD LEAD THE WAY IN KEEPING ERRORS OUT OF OUR
COURTROOMS
Mercury News Editorial

A Mercury News special report on criminal trials in Santa Clara County that
begins today is a stinging indictment of a system that is failing too often,
at every level.

After reviewing more than 700 cases, reporter Rick Tulsky has uncovered
systemic failures by all involved: prosecutors, defense attorneys, trial
judges and the appellate court.

In one in three of the cases reviewed, the criminal trial had been marred by
questionable conduct that worked against the defendant. In a small number of
egregiously flawed trials, people were wrongly convicted.

Legal experts say the problem is not isolated to Santa Clara County, which
has a generally well-respected criminal justice system. It is rampant in
courtrooms across the country.

With the nation becoming increasingly tough on crime, the responsibility of
the justice system to be fair and honest grows proportionately. We need
effective checks and balances to ensure that people accused of crimes in
this ``three strikes, you're out'' climate are treated fairly.

The most alarming finding of Tulsky's investigation may be this: Much of the
legal community appears satisfied with a ``good enough'' criminal-trial
system.

While the courts appear to render justice in the vast majority of cases,
this exhaustive investigation should be a wake-up call to the legal
community and defendants-rights groups. There is room for significant
improvement. Like many other government functions, the justice system needs
more accountability and transparency.

State and local bar associations, including the defense bar, and the state's
judicial performance commission should establish regular, proactive spot
checks of criminal cases to look for problems and for patterns of flawed
performance.

They should establish better training for lawyers and judges, and they
should be more aggressive in disciplining professionals who fail to meet
standards.

The system's overall performance should be reviewed annually, perhaps by
retired judges and lawyers, and the report should be publicized and made
easily available to the community.

By its very nature, the criminal justice system is supposed to be packed
with safeguards among the prosecutor, defense attorney, judge and appellate
court. But our report, which runs through Thursday, shows that in a high
number of cases the odds are stacked against the defendant -- and the blame
is shared by all involved:

. In nearly 100 cases, prosecutors engaged in questionable conduct,
including withholding evidence, defying a judge's orders or misleading
juries. Prosecutors are the key players in a criminal case because they
determine what charges are filed and decide whether to negotiate a plea
bargain rather than going before a judge or jury. Experts say individual
prosecutors reflect the dominant culture in their office, and too often it's
all about winning rather than ethics and fairness.

. In 100 cases, defense attorneys failed their clients by neglecting to do
even the most basic independent investigation or to raise objections to
questionable prosecution tactics. Experts suggest that local bar
associations, including the defense bar, establish strict standards for
determining when a lawyer is qualified to represent a criminal defendant.

. In more than 150 cases, judges failed to oversee trials impartially and
repeatedly failed to properly instruct juries. Judicial councils and judges
associations must be more aggressive in providing training and rooting out
bad jurists. In general, they need to be more critical of their colleagues
and willing to identify those who should not be on the bench.

. In more than 100 cases, the 6th District Court of Appeal upheld verdicts
even while acknowledging trial errors, deeming them ``harmless.'' While that
might have been true in some of the cases, judges devised questionable
rationales to dismiss others. The court reviews errors from a judicial
perspective, not a community one. Would a jury view these errors as
``harmless''? Experts believe that appellate judges must be more wary of
using the ``harmless error'' rule.

The 6th District Court, which upholds 97 percent of all convictions, also
publishes only 2 percent of its rulings -- the lowest percentage in the
state -- which means its work is relatively hidden.

Of course, the system promises only a fair trial, not a perfect trial.
``Juries aren't going to hear the whole truth anyway,'' one veteran
prosecutor said. True. Lawyers on both sides try to pick a favorable jury
rather than taking a random sample. They may shop for judges who will favor
their side. And the high cost of a good defense inevitably gives wealthy
defendants a better chance than impoverished ones.

But in too many cases, the concept of ``innocent until proved guilty'' seems
to shift to ``guilty until proved innocent.'' And if it's happening in this
generally well-respected system, it is undoubtedly happening elsewhere.

Defendants, who have the most at stake, need to be able to count on a system
of the highest integrity, with checks and balances that work. Santa Clara
County should show the way.
email this
print this
reprint or license this
Subscribe to the Mercury News

By Michael Miller
01/16/2006 2:52PM

This topic asked, “What is gold really worth?” Well, today it was worth $560 for one ounce of .9999 gold. For those who store it as a valuable asset, the daily fluctuations in price are immaterial. The direction of the changing price, however, is at least interesting. Most American investors do not hold a gold position; therefore, its worth is likely a meaningless blip on the financial pages….until fear, greed, nervousness or envy sets in. These behaviors have repeatedly happened in the past, especially the past thirty years once our governmental chains that wrapped around gold were severed.

Still most speculators and investors will get it wrong. The professionals know this and will count on it over the next volatile five years. Jack Sirard runs the business page of the Sacramento Bee. He is a competent writer in his field and rose to the position of top dog from within the company. Last Sunday he wrote maybe his second editorial on gold. (His like most mainstream publications relate a predictable history not forethought about the topic of gold.) Guess what he touted as a preferred way to join the gold bull market?

There is a history that is traceable to 1975, when Americans could once again possess physical gold and gold mining companies could sell into a free market. I was fortunate to live that history, which took me from meetings in San Francisco to New York. While there will be similarities between the exciting days of gold’s past and the current bull market, the current business of investment and speculation already has nuances not found in past performances. My dad instructed me about speculation and about the behaviors of the bulls and bears. He sure told me about the pig, too. Since this topic evolved into an animal theme, the catbird, I offer two more animals worth considering as we evaluate the to influences of the gold market: the lion and the wolf. If you guessed that Mr. Sirard named numismatic coins as the preferred method of playing the gold market, you were right. His source is wrong.

When Rae asked me if I saw the price of gold today and then told me it hit $561, I got nervous. It is behaving much stronger than I anticipated.

By Rae Bell
01/16/2006 8:21AM

I learn something everyday. I thought Mike was joking with his reply, went to Gerard's link (using copy paste) and found that Mike's reply was factual as was Ricks.

I didn't mean to change the subject. Read the article on KITCO re: the real value of gold as well. http://www.kitco.com/ind/Hamilton/jan132006.html

"PHRASE OF THE DAY" catbird seat

Charles E. Jones wrote:
I was wondering if the phrase sitting in the catbird seat has a similar origin to cat's pajamas, or if catbirds are known to sit in particularly advantageous places?
For me, the expression sitting in the catbird seat--which means 'to be in an advantageous situation or position'--has one derivation, and one only, and that is James Thurber's story of the same name. "The Catbird Seat" is a mordant, clever, very funny tale of a mousy man who plots to kill a woman in his office who is driving him crazy with her braying questions:

"Are you hollering down the rain barrel? Are you scraping around the bottom of the pickle barrel? Are you sitting in the catbird seat?"
The man, whom Thurber identifies only as Mr. Martin, asks his assistant to explain what this woman (wonderfully named "Ulgine Barrows") means:
"She must be a Dodger fan. Red Barber announces the Dodger games over the radio and he uses those expressions....'sitting in the catbird seat' means sitting pretty, like a batter with three balls and no strikes on him."
Red Barber, for you non-baseball fans, was not a fictional character. He was a popular radio announcer for the Brooklyn Dodgers in the 1940s and '50s. Barber had a musical, soft Southern accent that somehow seemed perfect for Dem Bums, and he in fact did use those Southern expressions. After he retired, he wrote about his long career in baseball in Rhubarb in the Catbird Seat. Barber claimed to have picked up the phrase from a fellow poker player. It's definitely Southern, and probably 19th century, but is officially listed as "origin unknown."

As for the question of whether in the catbird seat and cat's pajamas have similar origins, the answer is no. These two expressions are not related, because one refers to a cat and the other to a catbird--which is a real bird. The catbird is part of the Mididae family, as is the mockingbird. The new and justifiably heralded Sisley Guide to Birds says the catbird (Dumetella carolinensis) has a call that is "a hoarse catlike mewing." For those of you who would like actually to hear the catbird's call, you can go to the Patuxent Wildlife Research Center site (part of the Department of the Interior), and you'll find a link to the bird's call. You'll need the proper software, but even if you don't have it, there's a photograph of the catbird and lots of good information. Does it sound like a cat? You tell me.

But more importantly, how do we link the catbird itself to the expression sitting in the catbird seat? For the answer to this profound question, I turned to Allison Wells of the Cornell Lab of Ornithology. Her thoughts: "Best we can figure, this may come from the fact that catbirds are good 'sentinels', so to speak. They recognize predators and are very vocal about announcing that to other birds around."

By Rick
01/15/2006 8:32AM

Well, I certainly didn't mean to imply that it is good to be sitting in the seat of a mimic, since OAU is the real deal. Actually I never even thought about it as being a real bird. Good job Mike, seems you know your ornithology! Of course you're referring to Dumetella carolinensis.

"Catbird seat" is listed in my American Heritage Dictionary as follows:

catbird seat n. A position of power or prominence.

By gfxgold
01/14/2006 7:16PM

If you would like to have a more enlightening revelation as to what "Sitting in the Catbird Seat" means Go to: http://www.randomhouse.com/wotd/index.pperl?date=20010118

If you want to see what this topic was really all about...
As gold hits new high's that haven't been seen in twenty five years, you may have asked yourself, "What's gold really worth?" Here's an interesting article for you to peruse, go to: http://www.kitco.com/ind/Hamilton/jan132006.html

By Michael Miller
01/14/2006 4:54PM

A catbird is an American mimic bird. Its characteristics evolved into conversational slang, an idiom or description of something else like the catbird seat. The bird is allied to the thrush and less perfect in its imitative qualities than the mocking bird. Its name comes from a cry of alarm that resembles the mewing of a cat. Its song is voluble, varied and musical. It eats bugs. Hmm

By Rae Bell
01/14/2006 3:58PM

What is a "cat-bird" Rick? :-)

Snow in Alleghany today. Finally.

By Rick
01/13/2006 8:35PM

Hmmm.

Great question, pending whether the value of gold is measured in what it's worth once it's found and sold, or whether the value is based upon the dream of the chase.

Two different things for sure.

Unfortunately, the dream is compromised by the reality of value. Ask those in Dawson who were looking for an orange and never found one.

Of course, gfxgold is speaking about the value of the precious metal Au. When it's a business, it's a good thing to find gold, not talk about it, or what will happen when someone else does, better to be right there in the Cat-Bird's seat when we do.

By gfxgold
01/13/2006 5:17PM

As gold hits new high's that haven't been seen in twenty five years, you may have asked yourself, "What's gold really worth?" Here's an interesting article for you to peruse, go to: http://www.kitco.com/ind/Hamilton/jan132006.html

By smithsgold
12/19/2005 6:35PM

I have Dial up and the video was well worth the wait.
I had the hole family come in and watch the video clip they all enjoyed it alot.

By SCOOP
12/15/2005 1:54PM

Thanks, gfxgold for telling us how to see the newcast. You scooped scoop.

By gfxgold
12/14/2005 10:43PM

It's nice to see some news about gold mining that wasn't twisted around. Just a good story about miners underground, gold and some future plans if all goes well. If you would like to see the story, go to: http://abclocal.go.com/kgo/index?section=news&id=3293874#
and click on: Gold Mines Still Operate Within Sierras (12/14).

By TominGV
09/03/2005 10:28PM

Hello again I wanted to add a few salient points-- we are across 49 a half mile from the old Allison Ranch/Forest Springs mining district. The closest mines to us were the Norambagua, Shamrock Lode, General Grant, Daisy King, Amador and Amanda. Just south of the Grass Valley Mining District. There once was plenty of hardrock activity up here, some as late as 1921-22.
Don't know if any of them were considered producers, but we are sitting on granodiorite outcroppings, it pokes up above my driveway. Several of the mining claims I have say there were shafts up to 1500 feet long running approx. NE-SW, that sound right?

By TominGV
09/03/2005 10:16PM

Hello sorry for interrupting the thread. The noises continue, however no blasting ahakes for some time. Voices, both female and male are heard below, but are too indistinct and low volume to record, I tried with first rate equipt. I found out a lot since my last message; namely that our house rests on an old mine cut, there are 6 mining claims on our deed and I found copies of them at the county offices.
There were at least 3 shafts in the area, one of which is shown on my older 70's topo map. My driveway sits on huge boulders that were blasted out and show drill marks. I have drills, wedges and other tools that show my place was somehow involved with hard rock mining.
Mike may be right, maybe they are using the old tunnels and adits for making drugs, we do smell very odd smells late at night sometimes which are very chemical smelling and there's too much traffic in the area.
The noises have simmered down a lot since the publication in the paper of a police report.
Maybe the druggies got scared off, we hope.
ONCE on the internet I came across a lone reference to a book someone in Nevada City had written, about a secret society living in all the old abandoned gold mines under GV and NC, which I thought was a very creative idea, anybody know the name of this book? I have never run across the reference to it again. Thanks to all who took an interest!

By Rick
08/15/2005 10:11PM

Hey RyanBaum,

The message below yours speaks directly to one of the most important issues facing our Mine, one that was presented to us at the shareholder's meeting, that being the current status of the ongoing battle between the rogue CDAA and us, as shareholders.

It's best to keep Mike Miller's entry as President of OAu remain on topic, please. (Start a new inquiry for your other concerns.)

Here's my response, on topic: M vs Madison is the least studied reality check to the issue of constitutional authority, and the respective roll of an interptetive supreme court; judging law as written rather than law as re-written within the confines of the discussion.

By RyanBaum
08/14/2005 9:17PM

Any update on the proposed private placement of shares to help fund an expansion of the mine?

I wasn't able to make this year's meeting in June but thought an announcement was to follow?

By Nose For Gold
06/21/2005 10:14PM

Rae: When I say the new road, I called the Forest Service in Camptonville and they told me they constructed it. This is after the Brush Creek road that washed out.

By Rae Bell
06/20/2005 8:33AM

Nose for Gold, where did you get this info? I know Brush Creek put a new road in there when they had it, but the Forest Service?

By Nose For Gold
06/18/2005 1:35PM

At the Carson mine, the US Forest Service built a new road into the property so employees could remove ore cars, sell them and pocket the money.

By Michael Miller
06/18/2005 12:52PM

Gfxgold, were you expecting a response from TominGV? I was. You must have severed his thread. It is disappointing that he never continued his topic. Grass Valley and environs also house wide spread “meth” users, a very dangerous illegal drug. Having witnessed first hand its effects in Alleghany, I will bet the noisemakers in the late night time hours are not gold miners but drug users. It could not be a Tommy knocker. Tommy knockers are considerate chaps. If they were working late at night, no one would be disturbed.

Other than our crew and a few scattered operations, there are no active miners left in the Grass Valley area. TominGV is likely a ‘newbee” to the area or the world of hard rock mining as practiced in the Sierra Nevada. Like so many well-meaning people who have migrated into the gold country of California, his perception of what it takes to find gold is pitifully lacking truth. Mining ranks with the world’s most intense blue-collar jobs. It requires a complex variety of talent, knowledge, equipment and money. If the noisemakers are gold miners, they are hopeless dreamers and will quickly discontinue their activities.

So, TominGV, where is your credible thread. This topic is headed for the Misc. file. I’m sure Gfxgold, Bluejay, Nose for Gold, Rick, Auriferous and others are interested in your views of the nighttime underground miners of Grass Valley. Two points: The bat reference is for real. I have worked at the Sierra County Park called the Kentucky Mine. The bat population was a factor to consider. In the Plumas Eureka State Park bat habitat was also a factor. There is a foam product that seals abandoned portals. I agree with Gfxgold: fix the safety issue but don’t destroy the asset. A while ago I reported that current USGS maps have eliminated the pick and shovel designation for mines. Is this another aspect of reducing the American’s knowledge of our natural resources?

If you really want to know who has been ripping off and destroying the mining artifacts and culture in the Sierra Nevada gold belt, look no further than the United States Forest Service. Working out of Nevada City and Camptonville, the top management is leading the cultural rural cleansing campaign. Ignoring federal law (the Antiquities Act) forest service employees have been loading their green trucks with iron, important iron, and hauling it away. Many times it goes to private parties or is sold. What a shame! What a loss!

[ Page 1 | Page 2 | Page 3 | Page 4 | Page 5 | Page 6 | Page 7 | Page 8 | Page 9 | Page 10 | Page 11 | Page 12 | Page 13 | Page 14 | Page 15 | Page 16 | Page 17 | Page 18 | Page 19 | Page 20 | Page 21 | Page 22 | Page 23 | Page 24 | Page 25 | Page 26 ]

Phone:
Fax:
E-mail:

(530) 287-3223
(530) 287-3455
corp@origsix.com

Gold Sales:

(530) 287-3540
goldsales@origsix.com

Design & development by
L. Kenez