William Jasmin The Beer Hunter

“He uses statistics like a drunk uses lamp-posts, more for support than illumination…” ~Romano Prodi

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 “(Attorney B.J. Branch) acknowledged that Jasmin had been drinking on the day of the accident but said he had only consumed one 16-ounce Pabst Blue Ribbon beer and was at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate.” -Concord Monitor, 7/20/11

 If one reads attorney Branch’s comment to the monitor at face value, you might just have the initial reaction that I had: “I think this attorney is full of crap.” The comment on its face suggests that Jasmin’s blood alcohol concentration cannot be effectively measured because he had experienced significant blood loss immediately after his fall.

Blood Alcohol Concentration measured is always the current and existing level in the blood at the time of a serological draw. BAC refers to the percent of alcohol in a person’s blood stream. For example, a BAC of .10% means that the individual’s blood supply contains one part alcohol for every 1000 parts blood.  That is the alcohol concentration existing in the blood stream at the proximal time of the draw. If a person consumed another several alcoholic beverages only minutes prior to the draw, that alcohol content has a higher probability of not being reflected in a test.

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Operation Payback: maybe a time for a “clean up in Aisle 4” moment?

It seems that the School Board in my town just can’t seem to keep itself out of the news lately – who do they think they are, the Budget Committee (heh!) ? Certainly my hamlet is seemingly abuzz with School Board member Derek Tomlinson’s resignation from that Board.  At first, his letter was not made … Read more

This is a good description of Chair, DNC Debbie Wasserman-Schultz

By now, most of you may know that Debbie Wasserman-Schultz (D-FL, Chair of the DNC) decided to "dis" her fellow Floridian, Allen West (R-FL, Lt. Colonel (ret.)), on the floor of the US House of Representatives over the debt ceiling – after he had left the floor (after all, what she did is not considered … Read more

Obama refuses to raise the debt ceiling! Good man!

"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our government’s reckless fiscal policies. … … Read more

Spenditol

(H/T: Concerned Women of America)

How bad is Obama’s economy? (#2)

Obama’s economy is so bad that when I ordered a burger at McDonald’s, the the kid behind the counter asked, "Can you afford fries with that?"

Nice hoax. They say it’s real…but…”not.”

This is a cool hoax going around now. It’s presumably a project done by engineers and musicians. This machine was supposedly built as a collaborative effort between the Robert M. Trammell Music Conservatory and the Sharon Wick School of Engineering at the University of Iowa. 97% of the machine’s components are said to have come from John Deere Industries and Irrigation Equipment … Read more

William Jasmin: A Man Without A Hunting License

“Lawyers spend a great deal of their time shoveling smoke.”  ~Oliver Wendell Holmes, Jr.”

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In my previous entry about a “Hunter” who was seriously injured when a tree stand that he climbed into collapsed, causing him to fall, there was a presumption that the “Hunter” was lawfully engaged in the activity of hunting upon the land of Charles Corliss. That is not the case. WILLIAM JASMIN HAD NO LICENSE TO HUNT.

On Wednesday, July 13, I went to the New Hampshire Fish & Game Licensing Division and filled out the form, N.H. FISH AND GAME DEPARTMENT INFORMATION REQUEST .  “The information requested was not found” was how the form was returned.

This morning’s, Concord Monitor featured a story entitled, “Hunter falls from tree, sues property owner” where in that story Jasmin’s attorney B.J. Branch admits that  Jasmin was drinking the day of the accident and he tells the monitor, “[w]as at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate…”

But all of that aside, other questions arise. For example, N.H. RSA 635:2 (Criminal Trespass) states in part, “A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place…”

RSA 214:1(License Required) states in part, “No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill…[w]ild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title…”

When Jasmin, through his attorney filed his writ, he asserted, “On or about November 17, 2009, William Jasmin sustained serious injuries while hunting on property owned by the defendant…” Jasmin, through his attorney, made a “sworn statement that he was “hunting.”

 RSA 207:36-a (Use of Tree Stands) states in part, “No person shall erect, build or use a tree stand… [o]n land of another person that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck, without express written permission from the property owner or designee...” Jasmin asserts he had an “invite” to use the tree stand. Chuck Corliss states he hasn’t hunted in 40 years and was not aware of the tree stand’s presence.  I believe Chuck Corliss and if the court does, then Jasmin violated yet another law. If a person hunting happens upon a tree stand and climbs into the stand…and branches have been cut, and then a Conservation Officer thereafter happens along, the C.O. is going to ask for the persons “written permission” to have a tree stand where limbs have been removed. Having no permission, a citation is inevitable.

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If You Are Not Following Me On Twitter….

Twitter inspires the opportunity to aggravate the leftists who insist on following conservatives there. Not every witticism will fit on Twitter. Sometimes you have to write a blog and post a link. And then there are the thoughts that are too short to blog and too long to tweet. (Some things can’t be said in under 140 characters.)

Obama to Blame if Social Security Checks Withheld

President Obama recently tried to scare seniors by claiming that he wasn’t sure social security checks could be sent to seniors unless Republicans raise the debt ceiling on his terms.  This, of course, is a lie.

On average every month the US Treasury collects about $186 billion.  
Social security payments are about $49.2 billion monthly.  Even adding Medicare and Medicaid costs ($50 billion), military salaries ($2.9 billion), interest on the national debt ($29 billion), Veterans affairs funding ($2.9 billion), and federal employee salaries and benefits ($14.2 billion), there is almost another $40 billion left for other programs. 
 

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Barrington / Lee / Madbury TEA Party – Presidential Candidate Picnic

TEA Party Presidential candidate Picnic WHEN:     Saturday, August 6, 2011 TIME:       11:30am WHERE:   Dante’s Pasta & Vino / Soccer Field                320 Route 125, Barrington, NH Live music, burgers, hot dogs, chicken, software drinks, and speakers! ================================================== Personal Note: The organizer has told me that Dante’s … Read more

Gee, and I thought the RSAs were pretty much clear on this

OK, because I am a blogger but not a lawyer (nor play one on the ‘Grok), a bleg and favor to all those folks, lawyers and legislators, that can send some advice! 

As I have blogged before, I am an elected official in my NH hamlet – the Budget Committee (SB2).  Now as a former biz analyst, I like data – a LOTS of it.  Now, the last couple of years, I’ve looked at what was presented: each department with each of its own line items (e.g., electric, phone, salary, benefits, inventories, et al).  And then at the end, I re-aggregated all the like items together (all electric, all salaries,…) and was none too happy.

Well, this year, I’ve made a bunch of data requests to both the Town and School District for long term trending data on these same items; stuff that i bet no one has ever asked for before.  After all, if only presented with a couple or three years of data, it is all but impossible to say if there is a cost trend, and if there is, is it advantageous for taxpayers or against them?  And the RSAs clearly state that the Budget Committee is allowed to do so.  Period.

Well, it has come to my attention that the Selectmen and the Town Administrator have decided that they have the ability to add their own restrictions:

Selectmen have notified the chairman the town’s Budget Committee that requests for detailed fiscal information may be getting out of hand, and they feel requests for in-depth budget analysis be supported by a vote of the committee.

In a letter to Budget Committee Chairman Dick Hickok selectmen said committee members have a certain role to fulfill and a protocol will be set up to request information after a member of the committee was asking questions that might have exceeded his responsibility.

The letter to Hickok was send after a request made by Budget Committee member Skip Murphy. In the letter dated July 13, the town states the concern of possible other requests, similar to what was made by Murphy, could be forthcoming from each and every other member of the committee, which could hold up town resources from a time perspective.

…“With this in mind, the selectmen are concerned that this particular request may not truly reflect the ‘pertinent information’ needs of the Budget Committee as a whole, absent a vote taken at a duly public meeting that reflects a majority decision along those lines,” states the letter.

The town is requesting that a formal vote is to be taken if a member of the committee requests information on RSAs, regulations, unfunded mandates, financial consequences stemming from donating, 10-year trending data, hourly cost of service or other specific information.

“In addition, please be advised that we are troubled by the voluminous nature of the information being requested that will require research and the preparation of reports that are not currently available, especially given the dubious value of this information when you consider the level of line item detail that is typically provided with the budgets along with the numerous opportunities Budget Committee members will have to directly question department managers,” the letter states.

But like the salary studies I did my first year on the BudComm (that reverberated around our larger community and effected a number of fiscal structural changes in our town), I’m betting this data will do the same. 

And I’m betting they know it too.   Problem is for the Selectmen, the Town Administrator, and the lawyer that is most likely advising them, they have a huge problem…the RSAs do not have the Selectmen in the driver’s seat, they have the Budget Committee. If you read them (after the jump), there is NOTHING in the RSAs that allow the Selectment (or the School Board) the ability to direct how the Budget Committee does its job, makes it requests, or how it votes.

And since it is the Budget Committee that is judging the two respective budgets, nor should they.  And the Chair of the Budget Committee has made the formal request.

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House Republicans: Cut, Cap, and Balance Act has passed

U.S. REP. FRANK GUINTA STATEMENT ON THE PASSAGE OF ‘CUT, CAP AND BALANCE’ “Granite Staters know that Washington is broke and broken.  The House seized an opportunity tonight to correct both problems.” (WASHINGTON– July 19, 2011)  U.S. Rep. Frank Guinta (R, NH-01) released the following statement after this evening’s passage of H.R. 2560, the Cut, … Read more

Spending – Ever notice that Progressives hate Spending / Tax Caps?

Good for the House Republicans that just passed the Cut, Cap, and Balance Act in trying to stop the fiscal train wreck that has been slo-mo rolling for decades.  Frankly, I view it as a first baby step but the largest problem is this – does it actually stop the deficit spending NOW?  Does it … Read more

“The Law of Sacrifice”

Sacrifice – has our society forgotten that word?  Have we as a society forgotten what it truly means? Try this: The Law of Sacrifice So if that is the definition of sacrifice, what is the law of sacrifice? The law of sacrifice says that you cannot get something you want, without giving up something in … Read more

Notable Quote – Michael Walsh

The preamble to the Constitution talks about promoting the general welfare, not the welfare state. For the welfare state is incompatible with the rest of the preamble, which concludes: “and secure the blessings of liberty to ourselves and our posterity.” By definition, dependents are not free. – Michael Walsh, syndicated columnist

The Very Partisan Granite State Fair Tax Coalition Part II

GSFTDNC%202.jpgThe Granite State Fair Tax Coalition (GSFTC–Greedy Socialists Frisking TaxPayers Cash) is a partisan non-profit, which for years has insisted it is a non-partisan group advocating an income tax in New Hampshire.  But the GSFTC is non-partisan the way MSNBC is.  They use the dark side equivalent of the Jedi mind trick.  ‘The force can have a strong influence on the weak minded.” And while there is nothing wrong with being a left wing partisan group, started by a social-justice driven religious organization, to advocate for a top down income tax, there is something wrong with acting like this is a non-partisan effort.

Our first look at the partisan make up of the GSFTC (God Says Fleece Taxpayers for Christ) was a rundown of their advisory board.  This revealed a panel of progressive and left wing water-carriers, who provide cover and material support for a specific leftist agenda: a state income tax.   They are democrats and democrat supporters, willing to use class warfare and a faux-morality-cum-guilt complex media campaign, to advocate for that state income tax.  Fish swim, birds fly, democrats spend and so must tax.  To insist they are non-partisan suggests a mental state that is non compos mentis.  Or to be a bit more colloquial; They are just a bunch of typical leftists.

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How bad is the economy? #1

Obama’s economy is so bad that I got a pre-declined credit card in the mail yesterday….

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