July 2015 archive

I’ve been on a jury.

Someone claimed someone else had run their truck up and down the side of their car, which was parked, and had not only damaged the car but also injured them (because they were in the car at the time) and left them with a permanent disability for which they were seeking damages from the insurance company of the truck driver.

I have never before (and never since) been treated to a fantasy based on such a transparently thin tissue of lies.

Oh, this is definitely one of those ‘both sides do it’ real life experiences that have no satisfactory resolutions.  Both the injured party and truck driver claimed they were ‘inspecting a construction site’.  At 1 am.  In a section of town notorious for street drug dealing.  Right.  I was born, but it wasn’t yesterday.

While the plaintiff (the injured party seeking damages) set out to confuse us with photos of the damaged car artfully posed between 2 total wrecks that had absolutely no relation to the case at all, they did in fact show tire marks that clearly matched the tires on the truck in question (which were not common).

The defendant claimed, of course, that it wasn’t him and besides he had taken off from the encounter in the 180 degree opposite direction than the plaintiff said.  This was indisputably contradicted by the pictures which definitively showed the direction of the impact (tire marks, duh).

To counter this the defense, which is to say the insurance company, brought in an ‘expert’- a retired State Police Officer who had been in charge of Accident Investigation for (mumblety) years.

And he flat out lied to us on the jury.

I glanced around at my fellows and found no indication that it had even registered which I soon found was entirely true.

We had sat on this case for 3 weeks which is unusually long in a civil action for damages and when we got to the jury room I was the lone hold out for the plaintiff.

‘But he lied,’ said I.  ‘Look, I can prove it!’

Nope.  They bought it hook line and sinker.  The Officer was an expert, and who was I?  Just some guy prolonging the agony in a forgone conclusion.

It’s not exactly my finest hour or twelve.  I held out for a day and a half, but the truth was that the plaintiff’s case fell completely apart on it’s second leg- damages.  There was no proof at all that he had actually been in the car when it was struck AND, since he was already 30% permanently disabled, it was hard to argue based on a shyster (made their living by testifying) Chiropractor’s (on my list of Voodoo right after Economics, Mormonism, and Scientology) testimony that there had been an increase.

So I relented with conditions that I’m sure were promptly ignored but it reinforced a lesson I’d learned a long, long time ago-

Policemen lie, under oath, as easily as they breathe.  How can you tell?  Their lips are moving.

What brings this up?

Officers at Sam DuBose scene involved in death of another unarmed black man

by Ryan Felton and Oliver Laughland, The Guardian

Friday 31 July 2015 15.22 EDT

In court documents obtained by the Guardian and filed by Brinson’s family in a civil suit against UC police and the hospital, all seven officers are accused of using excessive force and “acted with deliberate indifference to the serious medical and security needs of Mr Brinson”.

According to the lawsuit, before Brinson was placed in restraints he “repeatedly yelled that slavery was over and he repeatedly pleaded not to be shackled and not to be treated like a slave”.

The documents named University of Cincinnati officers Eric Weibel and Phillip Kidd – the same men who, in a formal report, supported officer Ray Tensing’s claim that he was “dragged” by DuBose’s vehicle on 19 July.

Tensing’s account that he was “dragged” was used as justification for the lethal use of force. It was later dismissed as an attempt to mislead investigators and as “making an excuse for the purposeful killing of another person” by the Hamilton County prosecutor Joseph Deters, who charged Tensing with murder on Wednesday.

Weibel and Kidd?  Do you really need to ask?

No charges for additional Cincinnati police officers

By Amanda Sakuma, MSNBC

07/31/15 01:53 PM

A grand jury has decided to not indict additional Cincinnati police officers involved in the investigation into the death of an unarmed black man who was shot in the head during a routine traffic stop earlier this month, Hamilton County prosecutor Joe Deters announced Friday.

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Kidd and Lindenschmidt were on the scene moments later, guns drawn as Tensing reaches into the car to kill the engine. In additional body camera footage, the officers are heard claiming they saw Tensing be pulled by the car.

“Did you see him being dragged?” a responding officer asks.

“Yes,” University of Cincinnati officer Phillip Kidd says.

In the incident report, Officer Eric Weibel wrote that “Officer Kidd told me that he witnessed the Honda Accord drag Officer Tensing, and that he witnessed Officer Tensing fire a single shot.”

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

This Day in History

Ranger 7 beams lunar pictures; France’s Marquis de Lafayette makes his name in the American Revolution; Thomas Eagleton withdraws as George McGovern’s running mate; Harry Potter author J.K. Rowling born.

Breakfast Tunes

Something to Think about over Coffee Prozac

If the liberties of the American people are ever destroyed, they will fall by the hands of the clergy.

Marquis de Lafayette

Discontinuity

Reagan’s Eyesocket

Gay Eureka Springs

Next week’s guests-

• Monday 8/3: Amy Schumer
• Tuesday 8/4: Denis Leary
• Wednesday 8/5: Louis C.K.

Thursday is of course Jon Stewart’s last episode as host.

There is a near certain probability J.J. Abrams will be on to talk about Mission Impossible which if I haven’t mentioned it before I find entirely derivative and uninspired, the acting terrible and wooden, and the action sequences cliched and boring; only some of which was true about the original TV version.

Now I’d be just as happy if J.J. would talk about his uncredited writing for the Avatar: The Last Airbender episode, The Drill, but I suspect most of you would find the topic a little arcane.  What I would like to find out about (and I suspect most of you also) is the Disney reboot of Star Wars due for ek’smas, The Force Awakens.

Thinning the Herd

Tonightly we will be talking about Sam DuBose and Plantation Weddings with our panel Robin Thede, Ed Helms, and BIG K.R.I.T..

You stop being racist and I’ll stop talking about it.

The real news below.

New Zealand Prime Minister Admits Drug Prices Will Rise Under TPP — Leaves Out The Part About More People Dying

by Mike Masnick, Tech Dirt

Thu, Jul 30th 2015

As we’re in the middle of crunch time for the final TPP negotiations, New Zealand’s Prime Minister John Key has finally admitted what many experts have been saying for years — that under the TPP, drug prices will undoubtedly rise, because it extends monopoly protections on important medicines. Key tries to play this off as no big deal, because it’s the government paying for the medicine so the public won’t notice (leaving aside the fact that it’s their tax dollars). However, folks who actually understand basic economics note that, when the price goes up, access to drugs gets more difficult even in New Zealand, where it’s noted that some key life saving drugs have not been made available because they’re too expensive.

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Back in the US, even a bunch of Congresscritters who voted in favor of giving the USTR fast track authority appear to be having a bit of buyer’s remorse as they’ve asked the USTR to explain why it appears the current draft of the TPP will make drugs more expensive rather than less.

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And even the AARP has stepped in to point out that it appears the TPP is going to make it more difficult for the US elderly to afford drugs.

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How can the USTR and the Obama administration continue to insist that the TPP is in the public interest when it’s abundantly clear that it’s in the pharmaceutical companies’ interests instead?

Or maybe not quite so reactionless but certainly a puzzle if true.  Conventional rockets operate on the sound Newtonian principle that every action (in a vacuum where there are no other significant factors to consider) has an equal and opposite reaction.  Essentially it’s an outgrowth of the concept that the total energy of a closed system does not change.  If your closed system is you and some mass you can separate and propel away and the intitial state is that you are motionless with respect to each other and some arbitrary fixed point, when you propel that mass it does indeed move away from you but you also move away from it and also relative to your fixed point in proportion with the ratio of the mass you have acted on to you, and the velocity with which you have propelled it away.

Up until Robert Goddard many scientists were under the misconception that you needed something to push against and that therefore flight in a space environment was impossible when it’s really not and quite conventional reactions will work provided you supply them with the chemicals needed (for instance liquid oxygen and kerosene).

However even advanced propulsion systems like Ion Drives rely on kinetic energy to create thrust.  What makes them attractive and revolutionary is that they are very fuel efficient and can, since they operate fairly continuously compared to chemical rockets which go very fast initially and then coast the rest of the time, achieve quite high velocities… eventually.

What makes the EmDrive different is that it doesn’t seem to rely on kinetic energy at all.

Instead you set up a resonating microwave in a sealed cavity and out comes measurable thrust.  Oh sure, you need to add energy to the system in the form of electricity, but solar panels are good for that so essentially you have a drive with an unlimited fuel supply.

How does it work?  Nobody knows and the math to tune the microwave and the cavity is really tricky, but the parts are very cheap and almost every country that has a space program is examining prototypes.

What makes it news and not just some elaborate perpetual motion scam is that Martin Tajmar, professor and chair for Space Systems at the Dresden University of Technology who has a reputation for tracking down experimental error, has duplicated the previous results and is presenting a paper on it.

While it’s not some faster than light warp drive it does solve some fundamental problems in planetary exploration, NASA projects that even at modest output levels it could reduce the time needed for a probe to reach Pluto from 9 years to 18 months.

The ‘impossible’ EmDrive could reach Pluto in 18 months

by David Hambling, Wired

24 July 15

Last summer WIRED revealed that Nasa’s Eagleworks Lab was testing a copy of the EmDrive, a propulsion device frequently labelled as “impossible” because it appears to violate the law of conservation of momentum. Against all expectation they found it produced thrust. The response from the scientific community was dramatic, and generally sceptical — but the “anomalous thrust” stubbornly refuses to disappear as more research zeroes in on it.

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(T)he subject is attracting serious examination from scientists who want to know if a sealed cavity filled with resonating microwaves can really produce net thrust. Previously the effect has been measured by British scientist Roger Shawyer, who invented the EmDrive, and a Chinese team, as well as Nasa.

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(Tajmar)has investigated claims of “electrostatic torque,” a twisting force meant to occur between charged spheres, and found the supposed anomaly was due to a slight asymmetry in the experimental setup. His work on claims of gravitational shielding with spinning superconductors had led to a better understanding of sources of error in high-precision gyroscope measurements. These are cases where an apparatus apparently producing small anomalous forces needed to be examined closely.

The same applies to the EmDrive. The obvious sources of error — air currents, leaking microwaves, ionisation — have long ago been ruled out. But this is the first time that someone with a well-equipped lab and a strong background in tracking experimental error has been involved, rather than engineers who may be unconsciously influenced by a desire to see it work.

Science Oriented Video

The law that entropy always increases holds, I think, the supreme position among the laws of Nature. If someone points out to you that your pet theory of the universe is in disagreement with Maxwell’s equations – then so much the worse for Maxwell’s equations. If it is found to be contradicted by observation – well, these experimentalists do bungle things sometimes. But if your theory is found to be against the second law of thermodynamics I can give you no hope; there is nothing for it but to collapse in deepest humiliation.

–Sir Arthur Stanley Eddington, The Nature of the Physical World (1927)

Science News and Blogs

• Unearthing Jamestown’s Leaders, and a Mystery, By NICHOLAS FANDOS, The New York Times
• Anoles Going Strong on Hispaniola Millions of Years Later, By JAMES GORMAN, The New York Times
• ‘The Bomb’ Helps Return Nukes to the TV Spotlight, By NEIL GENZLINGER, The New York Times
• Astronomers find aurora a million times brighter than the northern lights, by Ian Sample, The Guardian
• Pluto’s flowing ice and mysterious red haze highlight ‘a scientific wonderland’, by Alan Yuhas, The Guardian
• French student finds tooth dating back 560,000 years, by Angelique Chrisafis, AFP
• Everyone’s A Bad Guy: German Regulator Orders Facebook To Drop Its Stupid ‘Real Name’ Policy, by Timothy Geigner, Tech Dirt
• Washington Post Publishes… And Then Unpublishes… Opinion Piece By Ex-Intelligence Industry Brass, In Favor Of Strong Encryption, by Mike Masnick, Tech Dirt
• Reminder: When Ron Wyden Says There’s A Secret Interpretation Of A Law, Everyone Should Pay Attention, by Mike Masnick, Tech Dirt
• Pendulum, Pendulum On The Wall: This ‘Odd Kind Of Sympathy’ Syncs Them All, by Kevin Knudson, Forbes

Obligatories, News and Blogs below.