Key West jurisprudence: conch justice vs. pirate, redneck and angel justice, and related archaeological excavations

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blue paper editorial “cartoons”

Charles Eimer's take down

Charles Eimers smothered

First today, breaking news article in Key West the Newspaper - www.thebluepaper.com - which you should be able to reach by clicking on this link.

MEDICAL EXAMINER RULES DEATH OF CHARLES EIMERS ACCIDENTAL

Charles Eimers CBSCharles Eimers
I submitted this comment to the blue paper:

SLOAN BASHINSKY YOUR COMMENT IS AWAITING MODERATION.
JUNE 25, 2014 AT 5:48 AM

Re last paragraph in M.E.’s report, hypoxia (low blood oxygen) – I’m not a medical expert, but could not hypoxia result from smothering? Could not heart attack result from smothering?

Convenient for KWPD, no toxicology report due to length of time between admission to hospital and delivery of body to M.E.

Hard for me to ignore M.E. took a job somewhere else, before his report was made public.

This autopsy reminds me of the autopsy on the pilot of an airplane that crashed on final approach into Bates Field, Mobile, Alabama, in closed in weather. This is a longish story, but perhaps in point.

The pilot was not instrument rated, did not alert the control tower that he was not instrument rated, told the tower he did not have an approach plate, which is a “map” for that field containing vital information for making an instrument approach and landing. Information such as the localizer frequency, without which a pilot cannot even find a runway in socked in weather such as that night at Bates Field.

After being given the localizer frequency by the air traffic controller, who off to the side told his fellow controllers that he had a pilot on final approach who didn’t have an approach plate (unheard of, basically, for an instrument landing), the aircraft then flew into the ground and crashed and broke up, killing the pilot and two passengers. One passenger was his girlfriend and the other was his scuba diving instructor – they were returning from diving on Key Largo. The widow of the scuba diving instructor was my client.

The local M.E., upon examining the pilot’s corpse, found advanced coronary artery disease, and perhaps unable to think of any other reason for the airplane crashing, ruled death of the pilot was due to heart attack. Thus, the airplane crash and the death of the two passengers also was due to the pilot’s heart attack.

In Alabama, a M.E.’s determination of death was, by law, prima facie evidence of cause of death, which could be rebutted in litigation by other evidence of cause of death. It looked to me the cause of death was the airplane crash, secondary to pilot arrogance, since the pilot was not instrument rated and did not tell the air traffic controller, who, having been so advised, would have declared an emergency and told the pilot to maintain wings level and gain altitude and go back up on top and then let the air traffic controller talk the pilot down to the runway.

The kicker was, the recording of the air traffic controller’s conversation with the pilot and with the controllers fellow controllers. The controller’s lament that he had a pilot on final approach without the approach plate was deleted from the recording the Federal Aviation Administration provided to the FAA’s in house lawyer and to the US Attorney co-defending the case.

However, the pilot’s liability insurance carrier had somehow obtained a copy of the entire uncut tape, and had given it to the widow’s lawyer, who then had referred the case to me. The lawyer and I were good friends. His law firm was a prestigious Birmingham firm. It did not do that kind of litigation. It also had gotten all the insurance money for the widow, and the lawsuit was going to be steep and tough.

Even so, we had the FAA in a lie. Plus, a Birmingham cardiologist told me there was no way he could imagine the M.E. concluding the cause of the crash was a heart attack. The pilot’s heart was found in a field, ripped out of the body cavity. No telling what that had done to the heart, the cardiologist had said. Plus, the heart most likely had developed ancillary blood vessels, to bypass occluded heard blood vessels, the cardiologist said – it happened all the time. The cardiologist loaned me the book he and all medical student have to master in med school, written by a heart doctor guru.

At the trial, the FAA’s puffed up doctor testified under oath that his opinion was the pilot had suffered a heart attack and that was the cause of the airplane crash (and not the pilot not being instrument rated, and not the air traffic controller not declaring an emergency, because he knew the pilot was not instrument rated, there was no other explanation for the pilot not having an approach plate and waiting until the last moment, on final approach to tell the controller that, and not staying on the localizer).

On cross-examination, I asked the FAA’s doctor (whore) if he had done the autopsy? Well, no. Had he himself seen this heart which had had a heart attack? Well, no. Had he read the heart guru’s book, which all medical students have to read? Well, yes. Did he know that a heart develops ancillary heart blood vessels to counter occluded heart blood vessels? As is stated right here on page such and such in the heart doctor guru’s book? Well, yes. Was he aware of the muscles and body tissues and ribs and sternum through which the pilot’s heart was ripped and deposited on the ground distant from the pilot’s body? Well, yes. Was he aware of the ripping that would have done to the pilot’s heart? Well, yes.

The formerly pious arrogant bastard talking down to the U.S. District Judge and to me now was shrunk down in his seat, peeking at me over the side of the witness stand box, hanging on to the top of it with his fingertips, terror in his eyes. The FAA lawyer and the Assistant US Attorney were slack-jawed and wide-eyed, staring at me. Right about then, the U.S. District Judge announced he was ruling for the Plaintiff on the medical.

Alas, the U.S. District Judge disregarded all of the aforementioned evidence and ruled for the Defendant FAA. Bates Field’s radar only indicated the horizontal motion of the aircraft and not the vertical motion. There were radars which indicated both horizontal and vertical, but not at this airfield. The judge said there was no way for the air traffic controller know the aircraft’s altitude, that it was flying into the ground. So, I had not made out my case. Judgment for the FAA.

I tell you truly, that case broke my heart. I, a young lawyer, with no prior experience in any of the fields of expertise, with no significant trial experience, had beaten the FAA and the Assistant US Attorney to a pulp. I had proved the case.

My first expert, a seasoned corporate pilot flying next behind the non-instrument rated pilot, next in order to land at Bates Field, testified at trial, under oath, that he had heard the entire exchange on the radio between the doomed pilot and the air traffic controller, and had told his passengers that the pilot ahead of them was not instrument rated and was attempting an instrument landing.

My other expert, a retired FAA air traffic controller, also himself an instrument-rated private pilot, testified that the air traffic controller knew the doomed pilot was not instrument rated and should have declared an emergency, told the pilot to maintain wings level, and climb, etc.

During the lead up to the trial, the FAA had played games with my retired FAA air traffic controller, who had applied for his instrument rating certification. The FAA wouldn’t approve his instrument rated certificate even though he had passed all their requirements. I filed a motion with the U.S. District Judge about that, and before long my expert had his instrument rating certificate.

As I said, that case broke my heart. I won it. I hope the Eimers case filed by Key West Attorney David Paul Horan has a different outcome in federal court. I hope the U.S. District Judge in the Eimers case does not go looking for a way to let the KWPD off. I hope State Attorney Catherine Vogle and her office and the Grand Jury do not go looking for a way to let the KWPD off.

What killed Charles Eimers was several KWPD officers on top of him, pushing his face down on the sand, causing him to resist mightily trying to breathe, resulting in hypoxia, which left him brain dead, among other ways of dead, secondary to those cops believing he was homeless.

Saying it another way:

Eimers died accidentally. Meaning, it was all his fault his heart stopped beating after hypoxia (lack of oxygen) set in, as, face down on the sand, he struggled mightily to escape and run away, after he had docile as a lamb surrendered and lay face down on the beach. Did I miss something? Yeah, he caused his heart to stop beating by giving the cops the impression he was homeless. I wonder how the Medical Examiner would have fared, if he were to have switched places with Eimers and the cops had thought he, the Medical Examiner, was homeless.
Ciao maim

In a parallel Key West universe yesterday – Facebook thread started by Gary Ek,  aka Gweko W. Phlocker, aka Soundman From Hell:

soundman-from-hell.jpg

Dangerous Minds's photo.
  • Patricia Nagy There is only 1 God. PJ
  • Simone Michelle Dubois-Edgar people without gods are pretty good at murder, too
  • Steven A. Holland Thanx G!
    Gotta share it!
  • Fred Koon Should say People with out the true God …there is only one,,,
  • Bert Lee Yes Fred, and that particular one I’m assuming you are referring to never commanded his people kill, rape and pillage? We must have different versions of that Book at hand…
  • Sloan Bashinsky That book was written by men, wasn’t it? It is my understanding, based on what angels calling themselves Jesus, Archangel Michael and Magdalene-Melchizedek told me, that there is only one God, and no religion has a lock on that God, or even has much comprehension of that God. If any comprehension. Furthermore, I was told, God is a bit busy with other matters far more important than what happens on this tiny electron in a massive Creation, and nobody on this world ever heard from God, but some people have heard, and do hear, from angels of that God; and some people hear and do not know what they are hearing, or from where, and other people get mixed up about what they hear, and some people grok it pretty well, but still need steering and correcting. It’s all pretty simple, those three say, but there would be no money and prestige and power in it, if it were pretty simple.
  • Simone Michelle Dubois-Edgar yes, there is only one true God. But I bet he hates the way many people are insulting him.
  • Sloan Bashinsky he? him? Was he made in men’s image? Or were people made in God’s image, male and female alike where they made? Again, it was men who wrote that book.
  • Dan Solove Nobody has ever been motivated by atheism to kill, but religion seems to never stop motivating killing and hating. Also, this “one true god” enjoys as much evidence for existence as werewolves and leprechauns do. Let’s try proving things before we go stating them as facts. That’s the same standard that we apply to everything else in the world.
    18 hours ago · Like · 1
  • Patricia Nagy Dan, your nickname should be, “Rambling Man”!!!:-) PJ
    18 hours ago · Like · 1
  • Dan Solove I’ll take it!
    18 hours ago · Like · 1
  • Patricia Nagy Sloan, you talk so much and say so little. LOL! !:-) PJ
    18 hours ago · Like · 2
  • Sloan Bashinsky What’s the subtext, Patricia, of your remark? As in, where are you coming from? I abhor killing in the name of God. I abhor Americans claiming their country is one nation “under God” – what ignorance, or worse – arrogance. I abhor America wars for profit, disguised as patriotism, defending America. Unfortunately, or fortunately, for over 25 years, I’ve had ongoing direct and personal interaction with angels. That’s all the proof I need that God exists. I don’t for a heartbeat think I can prove it to anyone else. But, for example, when I ponder the quirky ways evidence made its way to Key West the Newspaper in the Charles Eimers case: when I ponder a bystander just happened to video the take-down and smuggled the video to the blue paper; when I ponder Eimers’ body “magically” did not get cremated after the cops tried to get it cremated; when I ponder a local lawyer, David Paul Horan, who had known one of the cops who was on top of Eimers, who elbowed “the bum” (cop code for homeless person) in the back of the head and later boasted to a friend about it, a cop Horan had known and been close to since the cop was a kid, yet Horan still took the case; when I ponder Horan also told me that it took him a long time to come around to believing the reason Eimers died that day was because the cops thought he was homeless; when I ponder an eyewitness on the beach that day, who surely must be wondering about getting bumped off mysteriously, recently came forward to the blue paper and told what he/she saw and heard of those cops behavior and statements; when I ponder the next thing is State Attorney Cathy Vogel sending the Eimers case to the Grand Jury and assigning two seasoned career prosecutors, Val Winters and Mark Wilson, to the case – well, I see the angels’ handiwork all over that case, even if nobody else sees it. I don’t care if someone is an atheist. In my experience, atheists tend to operate by a moral code I prefer to what I often have seen religious people live by. I bet a bunch of the cops in the Eimers case are Christians, and I bet their Lord and Savior, who himself was homeless (the foxes have their dens and the birds have their nests, but the son of man had no place to lay down his head) is shaking his head over how those cops treated Charles Eimers and behaved afterward in the massive cover up. I concluded years ago, if there were no God, there would be no atheists nor any religions to argue about the existence of what was not. That, however, it a far and distant discussion, compared to the above, and to Mayor Cates and the six city commissioners not expressing any public remorse, nor any public apology to the Eimers family, for what their police did to Charles Eimers on South Beach last Thanksgiving Day. During citizen comments at a city commission meeting about a month ago, I told all seven of them that Charles Eimers died that day because their cops thought he was homeless. I told them they made Key West’ s homeless policy to be as tough as possible, to be enforced by their police to drive homeless people out of the area. I told them Charles Eimers died because of their homeless policy. And, I told them, because they had express no public remorse over Charles Eimers’ death at the hands of their police, and because they had not publicly apologized to the Eimers children, they, the mayor and city commissioners should resign. Now, Patricia, that’s a lot more words, and substance is in the eye of the beholder.
    16 hours ago · Edited · Like · 1
  • Gweko W. Phlocker ……wow!

    WHAT a RANT !
  • Patricia Nagy Got that right, Gweko! LOL! Didn’t bother reading it.  PJ
    14 hours ago · Like · 1
  • Gweko W. Phlocker I did -
    An Hour of my life I will Never get back…
  • Patricia Nagy LOL! !Too funny. Yah, lifes too short to waste.  PJ
  • Sloan Bashinsky Aw, Gary, my feelings are hurt something awful. You dragged God right into it and I ran ran a bit with it, as you knew I would, if I saw it. Then Patricia attacked, without yet explaining what I wrote that set her off. So inspired, I wrote something that ought to set off the entire city of Key West. Charles Eimers might agree with you, Patricia, if he was around to do it – “life’s too short to waste”, which the KWBP flat out did. right here in paradise, God had nothing to do with it. Police had to do with it, and, if you want to take it the rest of the way, the Devil was behind it, and stayed about it – right Soundman From Hell? 

During my interview yesterday on

Pirate Radio WKYZ FM: Key West Radio

the beatings will continue

I was asked what will be my first act as mayor, if I am elected this year? I said, “I will apologize to Charles Eimer’s family for the KWPD killing their father.” The Pirates said they would do the same.

Late in the interview, which the Pirates seemed to really like, they asked if I’d ever done a candidate debate? I said, no, only candidate forums. Would I be interested in doing a 1-hour debate with Mayor Craig Cates and Margaret Romero on Pirate Radio? Sure.

Who should they get to moderate?, the Pirates asked. I said, Hometown PAC’s Chairman Todd German, if he will do it, although he’s trying to get Cates reelected. But why not the Pirates moderate?, I asked. Just state a point and give each candidate one minute to respond, then give each candidate 30 seconds to follow up. Rotate which candidate goes first. Do that for an hour. It will be a blood bath in the true Pirate tradition. It will trump all the local candidate forums. The entire city will be listening in, I said. Arrrrrr!!!

Will I be there?, the Pirates asked again. With bells on, I said. And they should do two debates leading up to the August 26 primary. The Pirates raised their cutlasses in glee.

fish or cut bait

fossilized politician

Australian lasse Ann Massey, author of Salvation Jane, www.amazon.com, paper and kindle,

Salvation JaneAnn Massey

rave-reviewed by me in yesterday’s bare-ing all in Key West, where the weird turn pro, but won’t go all the way post at www.goodmorningkeyest.com, wrote yesterday:

Hi Sloan,

I’ve posted the following review on Amazon, and on my blogs. I find reviews difficult. Hope this one pleases you.

“Mostly I read for entertainment—lightweight stories soon forgotten. Occasionally I stumble on a heavyweight—my first novel was “Hatter’s Castle” by A. J. Cronin. Read at aged twelve when I was still reading the “Famous Five” and “In the Fourth at Mallory Towers”—it was an epiphany in that, for the first time, I was introduced to realistic fiction and imperfect families. Last night I finished reading another literary heavyweight: “Heavy Wait” by Sloan Bashinsky.

At the start of the novel a visionary mystic and his lover, wife and kindred spirit win $14,000, 000. Winning the lottery might seem like a dream come true, but this pair has eschewed materialism. The windfall tests each partner’s dedication to their beliefs.

Riley Strange, a pre-eminent lawyer invariably wins legal arguments, but he can’t bring Mary-Lou round to his way of thinking. On the way back from collecting her winnings, she is killed in motor vehicle accident, leaving Riley with inconsolable grief and $14,000,000.

Cast out of his personal paradise, Riley spends time in the wilderness before meeting Willa Sue, a despondent, overweight woman who bears an uncanny resemblance to Mary-Lou. They strike a bargain: Willa Sue agrees to live in Riley’s home for twelve months, and halve her body weight. In return Riley promises to gift her the winnings, all fourteen million. Tempting eh? But is it wise to go off with a strange man, especially one who believes he’s God?

“Heavy Wait” is a deep and engaging book about the spiritual awakening of a damaged young woman who has the great good fortune to meet an angel, overcomes evil and finds true love—we all should be as lucky!”

By the way I hope the woman in Georgia turns out to be another Willa Sue!

Best wishes,

:-)

I replied:

Hi, Ann – thanks.

I can’t say I write reviews to please, or not to please. I just write what bubbles up out of me, just like I write everything else. Not much thought given; it just comes. Sort of like sex, I suppose :-).

However, I like your review of

Heavy Waitwww.amazon.com, paper and kindle, www.amazon.com.es Spanish

Re north Georgia Willa Sue, I ain’t got it in me to do another big woman who was molested in childhood. Nor any woman who was molested in childhood. I did 4 already. That ought to be enough – I hope!

Sloan blue

Sloan Bashinsky
keysmyhome@hotmail.com

Political advertisement paid for and approved by Sloan Bashinsky, for Mayor of Key West, aka “southernmost the nut house”

Sloan empire  t-shirt lge

About Sloan

Darn, that would take a while. Try the autobiographical pages in the header. Ditto for header menu pages at www.goodmorningbirmingham.com. Hatched and raised there, eventually I ran away from home. Here's a short list: Born 1942; male; single; accused of all sorts of imaginable and unimaginable things, perhaps some true. Live on Key West of Weird asteroid. Publish something most days on this website, been at that since July 2007. That's heaps of catch-up reading, probably not recommended.
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