• commentary
  • MONDAY JULY 14 2008 6:00 PM

It's Time for Another Game of: Jesus or He-Man?

Texas has always prided itself on being BIG. Big state, big steaks, big trucks, big hats... and now, while the rest of the world is still looking for J.C.'s visage on the faces of grilled sandwiches, believers in Dallas have projected a life-size rendering of the son of God onto a big-ass slab of granite


Over the past two days, John Ganster has seen cars creep, crawl and park in front of his East Dallas stone company, as their occupants try to catch a glimpse of a granite slab stained with what some think is an image of Jesus.




Now, don't get me wrong, I see it too. I see the shape of a face, the outline of long hair, and a body that looks to be wearing a robe. Halfway down, he's even wearing a belt of sorts, but wait ... either that's a crack running across his body or Jesus is carrying a sword. In fact, upon closer inspection ... the long hair, the belt, the sword ... this picture looks to me a little more like '80s animated action figure hero He-Man than Christ Almighty. Actually, the resemblance is closer to Prince Adam - He-Man's "Clark Kent" alter-ego.



The confusion is understandable. Much like Jesus, Prince Adam was also a mere human who transcended his mortality to adopt supernatural powers and use them to fight against evil - the nefarious demonoid Skeletor who, in my opinion, looks far more evil than any depiction of Satan I've seen.

Of course, even I am willing to accept possibilities other than my He-Man theory. But, as far as your average Catholic or Christian is concerned, every time a graven image pops up in any given random object, it's automatically Jesus. Couldn't we think outside the box at least this once?

The stone, which weighs around 1,000 pounds, had been in the company’s Tulsa, Okla. Store. It was moved to the Dallas office in December, after builders in the Tulsa area kept passing on it, because of cosmetic imperfections.

“That’s kind of ironic,” Ganster said. “Christ said that he would build his church on the stone that the builders rejected.”


That's not actually irony, dude. Irony would have been Jesus doing the opposite of what you expected. Irony would be droves of Hercules fans declaring it the second coming of Kevin Sorbo - because it kind of looks like him, too.



But, I've resigned here to cutting Ganster and his people some slack. Having faith in He-Man and his Masters of the Universe is pretty easy. All you need do is pop in an old VHS tape to witness their awe-inspiring power. The closest thing you're going to get to catching the holy spirit in the act is the occasional water stain or grilled cheese engraved with its likeness, or an alleged hallucination to give you that extra assurance that your faith is not in vain.

You guys can have this one, and I'll go scour eBay in hopes of finding a pair of Castle Greyskull Underoos made to fit a 30-year-old man.

  • commentary
  • THURSDAY FEBRUARY 21 2008 2:00 AM

US Builds A Retarded “Fence”

In response to the insane, right wing anti-immigrant crowd, our government announced that we would be building a 700-mile border fence between the U.S. and Mexico. How fucking awesome is that? Especially when you consider that the border is 2,100 miles long. Obviously it will work, because most ranchers only fence off 1/3 of their land and the cows don’t know the difference. I know when I was growing up, we fenced in 1/3 of the yard, and our dog was never able to get out. That’s how fences work, especially retarded fences.

So, in October 2006, Bush signed The Secure Fence Act. And then we went about figuring out how to build this border fence. The Department of Homeland Security, which never does anything wrong, came up with the construction plans and began acquiring land. In California, Arizona, and New Mexico there were few problems because borderland is mostly federal land. But Texas is another story, because much of the land is privately owned. That means eminent domain, which means people are losing their land. For a retarded fence.

Oh, and by the time 2008 rolled around, the 700-mile border fence was halved.


Department officials have since whittled that down to a plan for about 370 miles of pedestrian fencing and 300 miles of vehicle barriers to be finished by the end of 2008.


Vehicle barriers? How the fuck is an illegal immigrant ever going to get over a vehicle barrier? It’s genius! And don’t even think that illegal immigrants will know how to build a ladder or dig a hole. That’s crazy talk.

Late last year, the DHS sent letters to 135 private property owners explaining that they had to give up their land - for a fence that will only cover 370 miles of land on a 2100 mile border.


Landowners were given 30 days to change their minds or face legal action. More than 100 of them -- 71 in Texas -- let the deadline pass.

The US has begun taking legal action to take the property away.

Over the past several weeks, U.S. attorneys acting on behalf of the Homeland Security Department have been filing lawsuits against the holdouts. Already, federal district judges have ordered one landowner in California, 11 in Arizona and 11 in Texas -- including the small city of Eagle Pass -- to temporarily surrender their properties. The mayor of Eagle Pass, which is located about 100 miles southwest of San Antonio and stands to lose 233 acres of city-owned land, said the city is planning to appeal. Suits are also pending against 14 landowners in California and 44 in South Texas.


Okay. See anything wrong there? How about a city losing 233 acres to a fucking fence? Exactly how wide is this retarded fence? It’s a pretty consistent story all along the border. Nydia and Fred Garcia’s ranch is screwed.


The fence would mean that 25 acres of the 80 acres of farmland that they and another brother jointly own would be on the Mexican side.


Massive amounts of land will be lost because of the placement of the fence. One would expect a border fence to be built on the border. No so. In some cases, like that of Eloisa Tamez, 72, the fence will cut through her ranch, which is one mile north of the border. And why not? It’s not like the government hasn’t completely fucked her family over before?


Her ancestors once owned 12,000 acres. In the 1930s, the federal government took more than half of her inherited land, without paying a cent, to build flood levees.


Now she only owns three acres -- and the government wants to put a fence through the middle of it. Did I mention the fence will be 370 miles long, while the border is 2,100 miles long? I did? Oh, did I mention that the fence won’t be in one piece? Did I tell you about the giant missing parts of the fence? That there will be big holes in places where rich people live?

Meet Dallas billionaire Ray L. Hunt. He’s good friend to a man named George Bush.


Hunt was a Bush-Cheney campaign “Pioneer” in 2000. More recently, Hunt “donated $35 million to Southern Methodist University to help build Bush’s presidential library.” In 2001, Bush appointed Hunt to his Foreign Intelligence Advisory Board, granting him “a security clearance and access to classified intelligence.”

Hunt, one of the wealthiest oilmen in the world, previously served on the board of Halliburton and was National Petroleum Council chairman between 1991 and 1994.


Guess whose land the fence won’t affect? Turns out the fence is just going to stop when it gets to Hunt’s land, then pick back up on the other side. That’ll stop those illegal Mexicans!


Daniel Garza, a 76-year-old man who might lose his home to the border fence’s intrusion, noted, “I don’t see why they have to destroy my home, my land, and let the wall end there.” Pointing across the street to Hunt’s land, he added, “How will that stop illegal immigration?”


It won’t. Now shut the fuck up, poor person. Of course, it’s not the only place the fence will have holes.


While the border wall will go through her backyard and effectively destroy her home, it will stop at the edge of the River Bend Resort and golf course, a popular Winter Texan retreat two miles down the road. The wall starts up again on the other side of the resort.

“It has a golf course and all of the amenities,” Tamez says. “There are no plans to build a wall there. If the wall is so important for security, then why are we skipping parts?”


Because they don’t give a shit. Because it’s not about the fence. It’s about money. They used the fervor of the anti-immigrant morons to steal more money from Americans. It’s about a bullshit project that gives money to some company for making a worthless product. They certainly don’t care about the people of Texas.


Foster says he has never received any logical answers from Homeland Security as to why certain areas in his city had been targeted for fencing over other areas. “I puzzled a while over why the fence would bypass the industrial park and go through the city park,” he says.


The word “soulless” comes to mind. Understand what this is: Nothing more than a giant give away of money to private companies. This is the most useless, fucked up, retarded fence in the world. Officially, it’s going to cost at least $1.2 billion, while most estimates double that amount.


In a February 2007 hearing, Congressman Henry Waxman, a California Democrat and the chairman of the Oversight and Government Reform Committee, had more scathing remarks for Giddens and the SBInet project. “As of December, the Department of Homeland Security had hired a staff of 98 to oversee the new SBInet contract. This may seem like progress until you ask who these overseers are. More than half are private contractors. Some of these private contractors even work for companies that are business partners of Boeing, the company they are supposed to be overseeing. And from what we are now learning from the department, this may be just the tip of the iceberg.”

Waxman said of SBInet that “virtually every detail is being outsourced from the government to private contractors. The government is relying on private contractors to design the programs, build them, and even conduct oversight over them.”


Total fucking waste. But that’s just to build the fence. What about keeping it operational?


A 2007 congressional report estimates the cost of maintaining and building the fence could be as much as $49 billion over its expected 25-year life span.


America, bend over, because a retarded fence is being rammed up your dirt hole.

  • news
  • WEDNESDAY NOVEMBER 21 2007 4:00 PM

You Know What American Schools Need? More Guns.



So says a group called Students for Concealed Carry on Campus, which is "a non-partisan, grassroots organization comprised of over 8,000 college students, faculty members, parents, and concerned citizens (about 90% college students and 10% faculty, parents, and concerned citizens) who support the right of concealed handgun license holders to carry concealed handguns on college campuses."

The group gained major momentum after Virginia Tech, and increased its numbers via Facebook. It organized its first nationwide protest in October. Scott Lewis, the group's national spokesman, said that students at more than 110 colleges and universities went to class wearing empty holsters this past Monday.

"We're not proposing to arm every student. We're not proposing that every freshmen get a handbook and a Glock," he said.

But he said students who are licensed to carry concealed firearms to movie theaters, public parks and other places should be allowed to take them on campus as well.

Other advocates for the cause claim that it's not just potential shootouts a la Virginia Tech that they're worried about, but "thugs or mentally ill shooters" outside of the campus boundaries.

Campuses in higher-crime urban neighborhoods also pose risks for students, said Michael Flitcraft, a 23-year-old mechanical engineering student at the University of Cincinnati.

He argues, like most gun rights advocates, that weapons-free regulations only deter law-abiding students, not thugs or mentally ill shooters.
"Laws only affect the people who voluntarily abide by them," Flitcraft said.

While just about anyone who meets licensing criteria can carry a concealed handgun in the US (every state but Illinois and Wisconsin allows residents some form of concealed handgun carrying rights) most states forbid them from being brought onto school campuses, and in states where schools get to choose for themselves, they almost always prohibit it.

Even in gun-loving Texas, there are some students who are freaked out by the idea of concealed handguns being allowed on campus.

Candace Soya, a 20-year-old student at TSU-San Marcos, said she fears chaotic shootouts. If someone decided to open fire on the tree-lined quad in the middle of her campus, armed students would likely make matters worse, she said.

"It's not a situation where you can fight fire with fire," Soya said.

It's easy to imagine that in the face of another Virginia Tech style incident, sane students carrying concealed weapons might be able to save the day, but is it realistic? In addition to the social and academic pressure on college and university campuses, you've got serious partying, drug and alcohol use happening. Somehow, encouraging students to walk around packing heat just doesn't seem like the rational thing to do.

Peter Hamm, a spokesman for the Brady Campaign to Prevent Gun Violence, agrees that adding more guns to campuses is not the way to solve campus safety concerns.

"If there's more we need to do, we certainly need to do that, but introducing random access to firearms is not the solution," said Hamm. "You have more victims, not fewer victims."

  • news
  • SUNDAY SEPTEMBER 16 2007 9:00 AM

Asshole Fuckface Roundup!



The time has come for you to set your gaze upon this week’s worst people alive. Every week I dig through the news to find Asshole Fuckfaces and bring their disturbing acts to you. It causes me great pain and suffering. The amount of sickening, horrible acts that I have to wade through to find the worst would drive most humans insane. But I am strong. So, put on your rubber apron because this is going to be ugly.

For our first Asshole Fuckface, we head to the insane state of Texas.

Claude Jones was executed by the state of Texas in December 2000 for a 1989 liquor store robbery and murder. He was convicted due to the testimony of a witness and a single hair.

The witness told police that Jones told him he robbed the store and committed the murder. But that was 1989. In 2004, the witness changed his story and said Jones never said any such thing. It was really bad timing because Jones had been executed four years before. So, a “thank you” was not coming.

The lone hair on the counter turned out to have once been living on Jones’ head. That is what is known as a coinkydink. But the hair was not DNA tested because it was 1989. During the trial, an expert said the hair was consistent with the hair from Jones skull. The jury bought it and Jones is now dead.

Recently, the Innocence Project became involved. They wanted a DNA test done on the hair in order to find out if Jones was actually guilty. That is when the San Jacinto County DA said he was going to destroy the hair. Now, that is an asshole fuckface who loves the truth.

The Innocence Project filed a motion to stop the DA from destroying the hair and a judge agreed. On October 3rd, a hearing will be held to decide whether or not DNA tests should be performed. Texas has executed 403 people since 1982. Since 1994, 29 people in Texas have been exonerated through DNA testing. But why slow down, right?

The next asshole fuckfaces on the agenda are an old classic: The Republican Party!

Hey, if you can’t win an election in California, why not try to break the law to get a few electoral votes? California Republicans think it is a good idea to change the states allocation of electoral votes from “winner take all” to divvying them up by district. Currently Republicans stand no chance of getting anything out of California, but if they were to pull this off they might end up with 22 electoral votes. That is more than enough to swing an election. The GOP is moving closer to getting their plan placed on the June 2008 ballot as an initiative. There’s just one big hang up.


It's patently unconstitutional. The U.S. Constitution prohibits a ballot measure that would trump a state legislature's chosen method of appointing electors. In Article II, Section 1, the Constitution declares that electors shall be appointed by states "in such manner as the Legislature thereof may direct." That's legislature.


The hilarious thing about this Republican attempt to steal electoral votes is that the Supreme Court recently affirmed a previous ruling about the power the Constitution gives to state legislatures in choosing electors. It occurred in a little case called Bush vs. Gore.


In the case that ended the battle over the outcome of the 2000 presidential election, the majority reaffirmed McPherson, stressing that state legislatures have plenary power to choose the manner of appointment of federal electors.


Although the ruling certainly won’t slow the Republicans because the Constitution hasn’t exactly stopped them from taking action recently…

Next up, what’s worse than Christian family values? How about asshole fuckface Nazi family values?

Eva Herman is a conservative talk show host in Germany who was recently promoting her latest book The Noah's Ark Principle -- Why We Must Save the Family, when she said that Hitler’s family policies were good for the country. Herman claimed Hitler’s cash bonuses for extra children and the death penalty for abortions were examples of good Nazi "pro-family" policies.


It was a horrible time with a manic and dangerous leader who led the Germans into ruin. ... But values like family, children and motherhood were promoted in the Third Reich and were destroyed in the 1960s. Much that was of value from that time was destroyed.


And nothing says “family values” like murdering six million mothers, brothers, sisters, aunts, uncles, daughters and sons.

Poor Eva was fired from her show. Sad.

Speaking of family values, good old West Virginia is home to the worst asshole fuckface family of all time.

The Brewster family of Big Creek had a little torture session in their trailer last week. It all started when Bobby’s latest lady, Megan Williams, stopped by the pad. The family decided to hold her captive and have some fun.

For an entire week, Williams was raped, knifed, choked and beaten. She was also forced to eat rat and dog shit, drink from the toilet and had boiling hot water poured on her. To top it off, they called her “nigger” while they committed their heinous acts.

Police arrested Danny J. Combs, 20; George A. Messer, 27; Karen Burton, 46, and her daughter Alisha Burton, 23; Bobby R. Brewster, 24, and his mother Frankie Brewster, 49, at Frankie Brewster's home. Brewster, his mom and Combs could all receive life in prison for kidnapping and sexual assault. The others face various charges.

Williams has been in the hospital since the attack and is a mess.


"Mentally, she still wakes up at night crying and making sure I'm near her," Carmen Williams said. "She still hollers, 'Ma, what they did to me was bad.'


The Brewster family and their friends are a dark stain on the face of the planet. Altogether, the six people have been charged with 108 separate offenses since 1991.


Four months ago, Brewster allegedly attacked his mother at her home with a machete, court records indicate. He was charged with domestic assault, brandishing a deadly weapon and obstructing an officer. Frankie Brewster shot and killed the elderly mother of the man she was living with in 1996, and Bobby Brewster shot and killed that man, his father, in 1998.


It would not be so bad if they were all killed in prison.

Each of this week's winners get a FearTheReaper cat collar. Congrats!

  • news
  • FRIDAY JUNE 29 2007 9:00 AM

Don’t Mess With Texas…Pedophiles



Murphy, Texas is a small town 20 minutes outside of downtown Dallas. It’s a wealthy community with a population just over 11,000. But most importantly, it is a fantastic place to lure and trap pedophiles.

Dateline NBC has an incredible journalism series called, To Catch A Predator. The news show entices pedophiles online by posing as young teenagers, lures them to a location and lowers the boom – all on camera. Then reporter Chris Hansen asks the grown men how they could do such a thing. He talks in an almost friendly tone to milk the most out of these men, whose lives were ended just seconds before. Viewers at home can feel disgusted, righteous and afraid for their own children all at once. It really is the height of journalism and civilization.

Dateline chose Murphy for their latest installment. They contacted city manager Craig Sherwood, who approved of the operation. He made sure to keep it a secret from everyone, including the mayor and City Council. He may have even put on a “secret spy outfit,” but we can’t be sure.

The sting went down last November. Over 4 days, people who were posing as kids in chat rooms lured 24 men to a home in a Murphy neighborhood. Notice I wrote “people” and not “law enforcement officers.” NBC uses a group called Perverted Justice to pose as underage kids and lure the pedophiles. It is a clever name because it has three meanings: First, that the justice system favors the perverted criminals. Second, that they are catching perverts and third, that the group is mostly made up of retards.

Not all of the suspects who chatted with the posers showed up at the house. Some made the right choice and did not follow their sick impulses to molest kids. Clearly their names should be given to police and they should be arrested. Or, better yet, the Dateline television crew can show up at their house and confront them in front of their own wife and kids. That way the children can be scarred for life and the wife can be shamed into a never-ending depression.

This is exactly what happened to Louis Conradt, Jr. He had engaged in some naughty sex talk with a fake 13-year-old boy. Unfortunately, Louis was an assistant prosecutor in a nearby town and he immediately knew what was happening when he saw the reporter on his lawn. He promptly blew his brains out. In doing so, he totally fucked up an awesome interview. He apparently did not realize television comes first.

The suicide blew the sting. Now everyone in the town knew what was going on and they were not happy. For some reason, the local towns people were upset that Dateline NBC was luring pedophiles INTO their town from other locations. And the show did not pick the best house in the area.

"They can chase predators all they want, but they shouldn't do it in a populated area with children, two blocks from an elementary school," said Lisa Watson, 33, who lives down the road from the sting house and has three children and another on the way.

Bryan Whorton, who lives with his wife and baby across the street from the house, said his neighborhood was put in danger. Cars sped up and down the street and police sprinted from hiding spots, guns drawn, to arrest suspects, he said. One suspect dropped a bag of crack, Whorton said.


Jesus, lighten up, hippies. There is nothing wrong with luring crackhead phedophiles close to an elementary school for a television show.

But after all that effort, the pedophiles will not be charged. Which means I can only call them, “dudes who talk about sex to kids and want to fuck them,” or DWTASTKAWTFT, for short. The district attorney says the DWTASTKAWTFTs won’t be charged because the cases were “tainted by the involvement of amateurs.”

Amateurs? What the fuck? They are experts from Perverted Justice and Hollywood! Plus, NBC has filmed six other episodes of To Catch A Predador. Six. They could write a book. Or make a TWO hour special.

The fact that somebody besides police officers were involved is what makes this case bad," said the DA, who was informed of the sting in advance but did not participate. "If professionals had been running the show, they would have done a much better job rather than being at the beck and call of outsiders."


The DA has no jurisdiction in 16 of the cases because the DWTASTKAWTFTs and the decoys were outside the county when they were in the chat rooms. The rest of the cases were dropped because both the police and NBC cannot guarantee the chat logs were authentic. It turns out that police usually handle Internet stings differently than TV shows.

Eric Nichols, a Texas deputy attorney general, said that when law enforcement authorities pull an Internet sex sting, officers posing as decoys follow strict rules. Detailed chat logs are kept to ensure that "sex talk" is initiated by the potential predator. That way, a defendant cannot claim entrapment.


This is exactly why the guys at Perverted Justice picked their name! Fuck! The DWTASTKAWTFTs win again!

In a final blow, Murphy gave city manager Craig Sherwood the boot for inviting the show to town. Good job, all around!

Yay, television!

  • news
  • MONDAY APRIL 16 2007 12:00 PM

How Fun is it to Execute the Insane?



Ah, Texas. How I love your criminal justice system.

Nothing stopped Scott Panetti, a diagnosed schizophrenic with a ten-year history of severe mental illness, from obeying the voices in his mind on Sept. 8, 1992.

He shaved his head, sawed off the barrel of a shotgun and drove to his in-laws’ home where he murdered them in front of his estranged wife and 3-year-old daughter. Then he showered, changed into a suit and presented himself to the authorities.

By the time of his trial in 1995, Panetti dressed as a cowboy from the Old West and served as his own defense counsel. He subpoenaed John F. Kennedy, Pope John Paul II, Anne Bancroft and Jesus.

Panetti blamed the murder on Sarge, one of four personalities in his delusional mind. “Sarge is gone,” he told the jury. “No more Sarge.

On Sept. 21, 1995, the jury returned a guilty verdict and the state of Texas sentenced Scott Panetti to death.


Well he can’t be THAT crazy, right? I mean, I’d want to “subpoena” Mrs. Robinson too. If you catch my drift.

But seriously folks, Scott Panetti is a murderer. He’s also nuts. In the time since his conviction, he’s apparently come to believe that the state is executing him not for his crimes but because he’s been preaching the word of God. That’s pretty bonkers. His fate, in every sense of the word, now hangs with the Supreme Court after a decade and a half of legal wrangling.

But what the Court is considering is not whether execution of the insane runs afoul of the Eighth Amendment. It has already been established that execution of the severely mentally ill is a Constitutional violation in Ford v. Wainright, 477 U.S. 399 (1986). What is at issue here is the application of the Ford standard.

The Northwestern article linked above sums up the Ford decision thusly:

In Ford, the court’s majority held that the Eighth Amendment barred execution of the insane. In addition, the opinion stated, “any procedure that precludes the prisoner or his counsel from presenting material relevant to his sanity or bars consideration of that material by the fact finder is necessarily inadequate.”

Justice Powell, in a concurring opinion, attempted to create a standard by which to determine the defendant’s sanity.
“If the defendant perceives the connection between his crime and his punishment, the retributive goal of the criminal law is satisfied,” Powell wrote. “I would hold that the Eighth Amendment forbids the execution only of those who are unaware of the punishment they are about to suffer and why they are to suffer it.”


Sounds great, right? Well, it’s not so simple. After all, what is the definition of the word “unaware”? If "aware" means that the death row inmate has to fully comprehend the entirety of the situation, down to understanding the minute details of law that put him in this position, it’s going to be a pretty tough standard to meet. On the other hand, if it means that the convict only understands that he’s going to die because he committed a crime, then it runs the risk of being over-inclusive. If it’s somewhere in between, it could be a reasonable standard. Unfortunately to date the Supreme Court has not drawn the line at any one of those options. This has led to different federal circuits applying the law differently.

Guess which of the above standards the Fifth Circuit (the one where Panetti’s case was heard) uses? If you guessed the potentially over-inclusive one, you are correct sir!

The 5th Circuit wrote that “the district court found based on the testimony of the experts that Panetti is aware that he will be executed, that he committed the murders for which he was convicted and sentenced to death, and that the ‘State’s stated reason for executing him is that he committed two murders.’”

The opinion continued by saying “Justice Powell did not state that a prisoner must ‘rationally understand’ the reason for his execution, only that he must be ‘aware’ of it.”

Keith Hampton has been Panetti’s lead counsel since 2003 and takes issue with the 5th Circuit’s interpretation of “awareness.”
“Right now, all we need [to satisfy the awareness standard] is for a guard to go in [to a prison cell] and say, ‘You’re gonna die for this crime. Check here if you get it.’ We’re calling it the ‘casting-a-shadow-on-a-sunny-day test.’ If you cast a shadow on a sunny day, you’re competent to be executed.”

Indeed, in the 20 years since the Ford decision, not one death-row inmate has been spared execution for an absence of awareness under the 5th Circuit’s interpretation.


So, it’s an important issue and one that deserves clarification. The Supreme Court does not like when different circuits apply its standards in different ways, so one has to believe that this was part of the reason the Court granted certiorari. Unfortunately for those circuits (and even more unfortunately for Panetti), the Court may not get the chance to make that determination due to an appellate procedural matter.

Lawyers for the state of Texas this week urged the Supreme Court to order the dismissal of a significant death penalty case that is scheduled for argument next Wednesday afternoon, April 18 -- Panetti v. Quarterman (06-6407). Lawyers for the death-row inmate, Scott Louis Panetti, countered that the case does not run afoul of federal limits on legal challenges by state inmates.

The Court had granted review of the case on Jan. 5, to clarify the standard for "cruel and unusual punishment" under the Eighth Amendment when a mentally impaired individual has been sentenced to death for murder. The question is whether the Eighth Amendment forbids execution "of a death row inmate who has a factual awareness of the reason for his execution but who, because of severe mental illness, has a delusional belief as to why the state is executing him, and thus does not appreciate that his execution is intended to seek retribution for his capital crime?"

The briefs in the case focus on that issue. But, after briefing was completed, and the records of lower court proceedings had been sent to the Court, one or more Justices discovered a potential jurisdictional question -- one that actually has lingered in the case since Panetti's federal habeas challenge to the planned execution was filed in January 2004. Neither lower court had confronted the issue. On April 2, the Court told lawyers for both sides to file new briefs on whether Panetti's habeas challenge must be dismissed as a "second or successive" plea under federal habeas law.


Basically, the issue is that death row appellants are only allowed one bite at the apple, so to speak. Panetti had filed a habeas appeal before this one, but that appeal did not focus on his competency to be executed. Briefs for the state of Texas on this issue can be found here, and for Panetti can be found here.

While I am not versed in federal appellate procedure enough to form an opinion on the habeas issue, the civil rights advocate in me is pulling for a Panetti victory. It seems to me that the Ford standard was meant precisely for people like Panetti, who may be “aware” in the broadest sense of the word, but only barely. To apply the Ford standard the way the Fifth Circuit has is unconscionable and renders the entire standard meaningless. Panetti, who probably shouldn’t have been deemed sane to stand trial in the first place, now may lose out on his day in the Supreme Court because his lawyers failed to raise this issue in a timely fashion. And whether that failure was intentional or unintentional, it still could cost a crazy man his life.

Though I suppose it’s tough to expect fairness of any sort when dealing with the barbaric institution of capital punishment.

  • rumor
  • THURSDAY MARCH 22 2007 3:00 PM

How Much for That Baby in the Window?



File this one under "unlikely to become law--riiight?" Texas state Senator Dan Patrick (R, as if you needed to ask) plans to introduce a bill to, get this, pay women $500 for their babies. No, I am not shitting you.

The bill proposes to create an "Adoption Incentive Program" which would give

a $500 payment to each woman who is a resident of this state and a citizen of the United States who places a child for adoption rather than have an abortion.


Once you get over the "did they just say pay women for putting their children up for adoption?" shocker, the practical--and, sadly, probable--reasons this won't pass start to come into focus. Obviously--obviously--the state of Texas doesn't want to just throw money around! And certainly not to birth mothers. So the money is only for women who place babies for adoption instead of abortion. But how would you ensure that? Obviously women who put babies up for adoption are unreliable sorts--they might just lie and say that they had chosen adoption instead of abortion in order to get the money. So the bill goes on to declare that

The department may only distribute the application forms to abortion providers.


So you're pregnant, you decide you cannot keep this pregnancy, you make an appointment with an abortion provider and you show up and there's a parental consent law (if you're under 18) and a mandatory 24-hour waiting period just to make sure you've thought about this, missy, and now they're also going to try one last ditch oh, hey, but would you reconsider if we offered you $500?

Honey, $500 isn't even going to pay for the extra groceries you'll eat during a pregnancy. Let alone the prenatal care, if you're not insured or on Medicaid, or the cost of the birth.

Senator Patrick, would you agree to take care of a neighbor's dog for nine months for a measly $500? Where the fuck do you get the balls to offer women $500 to rent out their uteruses and sell their children?

Bitch_PhD is pleased to find that we've advanced beyond the era when Jonathan Swift wrote A Modest Proposal; at least now a boy or a girl before twelve years old is a salable commodity.

Cross-posted at Bitch Ph.D.

  • feature
  • FRIDAY MARCH 16 2007 12:00 PM

Chris Gore’s Footage Fetishes: SXSW Film Festival 2007

South by Southwest (aka SXSW) has firmly established itself as a film festival with its own identity. From the original selections of movies, to the panels, to the parties free of Hollywood elitism, it’s the most fun you will ever have at a festival. The problem now is that the world has noticed and more folks than ever before are making the annual trek to Austin, Texas to experience the best in independent film from all over. It’s crowded, but in a good way.

What I love most about what program director Matt Dentler has done with South-by is remaining dedicated to seeking out original programming. Most festival programs are populated with depressing family dramas or indies bordering on cliché. Dentler is as open to a zombie-comedy as he is to a romantic comedy. The result is a festival program that satisfies on all levels. Some credit is also due to the audiences in Austin who are savvy filmgoers who are proudly unpretentious in their love of all things movie-related.

I spent a short weekend in Austin and followed my tried and true festival rule to catch as many documentaries as possible – the reason being that these movies will not be hitting a theater near you anytime soon. Here’s a round-up of the docs I saw at SXSW along with a glimpse into the greatest party festival on the planet…


Confessions of a Superhero is a revealing portrait of those costumed folks on Hollywood Boulevard.

Confessions of a Superhero
This documentary, by director Matt Ogens, follows a group of real-life misfits dressed as costumed heroes on Hollywood Boulevard who pose with tourists for pictures to make a few bucks. Some have called them panhandlers while others love the heroes. Exploring an odd cast of characters including Christopher “Superman” Dennis, Maxwell “Batman” Allen, Jennifer “Wonder Woman” Gehrt, Joe “Hulk” McQueen, the film is both ridiculously funny and moving. Ogens gets very intimate with his subjects as we see them go through their morning ritual to prepare to hit the boulevard in full superhero regalia. Christopher Dennis owns 14 Superman costumes and does look strikingly like Christopher Reeve. He’s also had his share of drug problems, but had an epiphany when he discovered a love for all things Superman. Dennis Maxwell, the Batman, has had his own share of difficulties when he reveals his life as an enforcer for criminals in Texas and actually confesses to a murder that he tells his psychiatrist will never be solved. Jennifer Allen is quite stunning in her Wonder Woman attire, and we see the toll her life takes as her acting career falters and her marriage crumbles. Joe McQueen was homeless until he donned a Hulk costume and joined the group to make a living. While there many hilarious moments, each is followed by something touching and sad about the life these people lead. Ultimately, each emerges better for donning their costumes and the journey we take with them is a touching portrait of what life has in store when you really pursue your dream.


Hell on Wheels documents the rebirth of roller derby in Texas.

Hell on Wheels
I was too young to experience roller derby in its heyday, but it could not have been nearly as cool then, as it is now. The sport has had a resurgence with all-female teams and Hell on Wheels documents the rebirth and the struggles of the league in its infancy. Director Bob Ray followed the roller derby in Texas for nearly five years now and the result is an epic doc.

In addition to seeing woman dressed as angels, devils, schoolgirls, cowgirls mashing it up on the track, we see a group of powerful women clash as they attempt to start a real business. Their struggles to establish the sport as a seriously good time in Texas has reverberations around the world as leagues pop up all over the globe, but it all started here. In excruciating detail, we see the battles between rival leagues of the Lonestar Rollergirls and the Texas Rollergirls in the form of meetings where the players are pitted against the management, each ill-equipped in dealing with all the problems facing the re-emergence of the sport. It’s fast, fun, and inspiring.


Michael Moore's methods were taken to task in Manufacturing Dissent.

Manufacturing Dissent
Canadian filmmakers Debbie Melnyk/Rick Caine take on the methods used by Michael Moore as they attempt to expose the “documentarian” as a fraud. Moore (Fahrenheit 9/11, Bowling for Columbine, Roger and Me) has built a career criticizing the right and laying blame for problems without providing any hope. And it seems this is a very lucrative venture for the man in the ball cap.

The doc contains interviews with John Pierson, Noam Chomsky, Harlan Jacobson, Dave Marsh, Ralph Nader, as well as respected documentarians Albert Maysles and Errol Morris as each begin to question Moore’s methods. The most shocking revelation is that in Moore’s movie Roger & Me, he actually did interview the Roger in question during shooting. Twice, in fact. This is a blow since Moore’s film is built on the premise that he can’t actually get an interview with Roger Smith, the chairman of Ford at the time. While the movie brings up many questions about Moore’s movies and their “truthiness,” what is disappointing is that filmmakers Debbie Melnyk and Rick Caine seem to use exactly the same methods in making their own movie. The doc is sure to cause plenty of debate and that’s the important part – this issue should be discussed further, but one should question the motivations behind the makers of this film as much as Moore’s.


The King of Kong is not just the greatest video game documentary, it may be one of the best docs of all time.

The King of Kong
Director Seth Gordon lucked into a great story. The story of Steve Wiebe, a bright-eyed middle school science teacher in his fight with hot sauce mogul and video-game legend Billy Mitchell in a battle for the Guinness World Record score on the arcade classic Donkey Kong. But it takes talent to tell that story well, and Gordon has delivered not just a great doc about the world of gaming, but one of the best documentaries I have ever seen. Gordon actually found a way to make watching someone play a video game look exciting. It's amazing. And any other description would not do it justice. Four times during the screening, the audience broke out in applause and cheers I have not seen since the original Rocky. It's that good. A standing ovation followed the climactic finale. This doc will be getting an theatrical release in August, so prepare for an uplifting good time at the arcade.


I was in Austin to promote the screening of a short I recently produced called A Sim-ple Romance featuring actress Niki Foster.

A Sim-ple Romance
This is the third time I have attended SXSW as a filmmaker. This year I came with a 16mm short I produced, which was written and directed by Sally Foster. It’s sometimes awkward to be at a film festival that I am covering while also promoting a film I was involved in making, but I made the best of it. Luckily the short was programmed to screen in front of The King of Kong and it played to a packed house on Saturday morning and received a great response. I also appear in the short in a bit part. If you know the game The Sims, you’ll enjoy this cute short. Anyway, I shouldn’t really say anything more since my opinion is completely invalid; suffice it to say that you’ll have a chance to see it at other festivals throughout the year and can judge for yourself.


These friend requests were accepted! The SG girls were in force in Austin as they made new friends at the Film Threat party sponsored by our pals at Red Bull. (L-R) Napalm, Chris_Gore, Posh and Selket.

The Film Threat Party
I teamed up with Red Bull to put on a party (an event not officially affiliated with SXSW). Suicide Girls from Austin and abroad were in full force to join in on the action. It’s not an exaggeration to say that this was the best party I’ve been to at South-by. It really got going after midnight when the pouring rain forced many into the Hi-Lo Lounge off Sixth Street for what turned into a love-fest. Literally. It must have been the Texas heat that got the girls kissing other girls. This lip-smacking good time went on for the rest of the night…


No surprise... it got out of hand in a very good way. Smiling on the right is SG girl Illyria.

And I can’t think of a better way to end a festival than that.

Gore gone.

Chris_Gore is an author, a filmmaker, the creator of Film Threat, and considers Austin a liberal oasis in the midst of Texas.

  • news
  • WEDNESDAY MARCH 14 2007 5:00 PM

No Brainer: Vaccinate for HPV



The brainless fundies in the Texas house of representatives are trying to ensure that plenty of Texan women keep getting cervical cancer. Big surprise: there've always been public freakouts over vaccination, ever since smallpox vaccine was introduced to England from Turkey (the image above dates from that period).

But come on, people: we require elementary school kids to be vaccinated against smallpox now, along with polio, rubella, measles, mumps, and hepatitis. If you think vaccinations cause autism or violate Nature's Law or something, you're free to sign a paper saying you don't want your kid vaccinated and agree to pull it out of school if there's an outbreak of measles. (And the rest of us are free to think your pseudo-scientific beliefs are ridiculous, but that's by the way.) Vaccination is a public health issue, and cervical cancer is bad for the public health. If vaccinating kids against smallpox hasn't caused ten-year-olds all over the country to decide that it's a-ok not to wash their hands, vaccinating kids against HPV isn't going to cause them to decide that it's a-ok to have sex.

Anyway, since when did teenagers decide whether or not to have sex based on their odds of getting cervical cancer?

Bitch_PhD suspects that if men got cervical cancer, HPV vaccination would be a lot less "controversial."

  • news
  • TUESDAY DECEMBER 19 2006 12:00 AM

Dear Texas, You Are All Going To Die

Way back in March 2005 the city of Amarillo, Texas was almost wiped off the face of the earth by a nuclear explosion. Workers at the Pantex nuclear weapons plant used the wrong tools and applied too much pressure while dismantling a W-56 warhead that resulted in a "near miss." The warhead is 100 times stronger than the bomb that was dropped on Hiroshima.

It’s not the first serious problem that has occurred at the plant. In 2004 another W-56 warhead was being dismantled when a crack was discovered. Technicians used the “equivalent of duct tape” to hold it together. Pantex was fined $124,000 for that incident.

Details of what occurred in March 2005 were kept secret until last month when the Department of Energy find the parent company, BWX Technologies, $110,000 for safety violations. It was then revealed that the incident could actually have resulted in the detonation of the warhead.

An employee sent an anonymous letter letter to the DOE with some disturbing information. Some managers lack specific experience in handling nuclear weapons. According to technicians, the accident occurred because they are forced to work 72 to 84 hours a week.


One nuclear scientist told Project on Government Oversight that he "would not work on his car engine if he were fatigued from a 72-hour work week, and sure as hell would not work on a nuclear weapon."


The plant itself is apparently in poor condition. According to workers, leaking roofs leave rooms with standing water, buildings are crumbling and safety tape makes the plant “look like a crime scene."

So what to do? How about increase production! Plant goals are to increase production by 50%. POGP calls it a “recipe for disaster.” Anytime the Department of Energy wants to jump in here would be great. Otherwise, goodbye Amarillo.

  • news
  • THURSDAY NOVEMBER 2 2006 11:00 PM

Time To Video Tape The Cheating

Early election voting has begun and so has the cheating. As has become a tradition in voting since we began using electronic voting machines, voters attempt to select a Democrat only to have their vote switched to a Republican. The process is so prevalent it has earned a name: Vote flipping. In nearly every case reported the flipping goes in favor of Republicans.

So far flipping reports have popped up in Miami, Tampa, St. Louis, Virginia, Arkansas, Dallas, and San Antonio. The reports are typical of what has been reported since Bush stole the election in 2000.


Jefferson County voters say the electronic voting machines are not registering their votes correctly. Friday night, KFDM reported about people who had cast straight Democratic ticket ballots, but the touch-screen machines indicated they had voted a straight Republican ticket.

Some of those voters including Lamar University professor, Dr. Bruce Drury, believe the problem is a programming error

Debra A. Reed voted with her boss on. Her vote went smoothly, but boss Gary Rudolf called her over to look at what was happening on his machine. He touched the screen for gubernatorial candidate Jim Davis, a Democrat, but the review screen repeatedly registered the Republican, Charlie Crist.

Joan Marek, 60, a Democrat from Hollywood, was also stunned to see Charlie Crist on her ballot review page after voting on Thursday. ''Am I on the voting screen again?'' she wondered. ``Well, this is too weird.''

Mauricio Raponi wanted to vote for Democrats across the board at the Lemon City Library in Miami on Thursday. But each time he hit the button next to the candidate, the Republican choice showed up. Raponi, 53, persevered until the machine worked. Then he alerted a poll worker.

I twice selected the Democrat, and twice it indicated that I had voted for the Republican.


But technology can be checked with technology. Different groups are organizing voters to use the text and video capabilities of cell phones to monitor polls. Video the Vote was created by independent filmmaker Jim Ennis and elections activist James Rucker. So far the site has been viewed over 100,000 times. It is a combination of citizen journalism and a flash mob. Volunteers will receive text messages of irregularities on election day. They will then rush to polling places and document the cheating on video. The video will then be uploaded online for the world to see. Rucker says the project was motivated by lack of media coverage in recent years.



Another site partaking in citizen video monitoring is Veek The Vote. Cell phone users can email their videos into a searchable database on the site that will serve as a source for election footage.

Aside from HBO’s new film, "Hacking Democracy," the media has decided not to cover the glaring problems in our election system. This could be a devastating response. Hundreds of videos online could totally undermine what is left of plummeting voter confidence.

  • commentary
  • MONDAY OCTOBER 16 2006 11:00 PM

Cindy Sheehan Crams Her Uterus Into Sweet Texas Dirt

In an attempt to win the creepiest person in the world award, Cindy Sheehan was recorded at a book signing in Palo Alto, California saying that she buried her uterus in Crawford, Texas. Pardon me while I wipe the vomit off my shit. Cindy explained her brave act to some poor bastard, who recorded it and has posted it on Hot Air.


Over the summer I had a hysterectomy, and um, I got my “parts” back. I thought I could just [inaudible] on eBay, you know, “[inaudible] Cindy Sheehan’s uterus.” And so I planted it in the garden where the bush, it’s a pretty bush… It’s so funny ’cause me and my children, we’ll always be a part of, of Crawford, Texas. Long after people forgot the horror of the Bush regime, long after, you know, we’re forgotten. We’ll always, our DNA will always be in the land…”


Thank you, you horrible fucking monster. The reason there is not a uterus graveyard in every city is because we don’t bury them. Hospitals take care of that little problem. You don’t have to handle it yourself.

Hopefully Miss Body Organ Burier will be arrested because it is illegal in Texas to put your uterus in a hole in the ground where any motivated possum or raccoon can dig it up and have a feast. Can someone please stop the hippies?

  • news
  • THURSDAY OCTOBER 5 2006 7:30 PM

Nude Sculpture Nearly Destroys Young Children

Last April, Texas elementary art teacher, Sydney McGee, took 89 fifth-graders on a field trip to the Dallas Museum of Art. As is custom, parents signed permission slips allowing their children to go to the museum. Little did they know that the “museum” is a heinous den of lust.

Upon returning home, children told horrid stories of how their eyes and brains had been permanently damaged when they saw a nude sculpture. Parents were more than concerned about their innocent little angels. One of the parents had no choice but to complain to the principal, who was forced to act.

The principal admonished Mrs. McGee for not covering the “art” in a poncho, or a robe. But McGee claimed the principal had urged her to take the students to the museum. She obviously had failed to mention the thrusting of metal genitals in the faces of fifth-graders. The school board then voted not to renew Mrs. McGee’s contract, essentially firing her. She is currently on administrative leave until Marc, when her contract expires. She had worked as an art teacher for 28 years and received a Star Teacher Award two years ago.

  • rumor
  • WEDNESDAY AUGUST 9 2006 9:00 AM

Knitta, Please.

I don't know anything about Montrose, Texas besides that it is home to a gang of knitters called Knitta Please. This crew knits and purls for the street, creating colorful cozies for everything from trees and stop signs to subway handrails. Adopting crafty faux-rapper pseudonyms such as AKrylik, their mission is to tag, just like any other style of graffiti. It's the medium that's so unusual when this crew cuts it.


Photo Location

  • commentary
  • TUESDAY JUNE 20 2006 9:00 PM

Southern Death Party!

Tennessee is going “balls to the wall” with executions on June 28th. The state has scheduled five executions as they throw down the gauntlet with Texas. Texas, which blows away the competition in yearly executions, has executed two inmates in one night at least three times in the past 10 years. Arkansas has twice executed three inmates on a single day since 1976. But sadly, if all five of the executions are carried out it still will not break the record held by the state of Virginia. On Feb 2, 1951 in Martinsville City, Va., eight men convicted of rape were executed. The state then enjoyed 40 years without rape.

Legal observers, also known as “party bummers,” predict that most of the executions, if not all, will be stayed because of appeals. But that does not mean Tennessee can’t pretend the killing party is going to happen! They’ve got the day planned like a well-oiled machine, says prison system spokesman Dorinda Carter.

We are able to handle all five executions should they occur. They would be scheduled two or three hours apart so that we could move families in and out.


The death watch area, where prisoners are moved three days before their scheduled execution, has four cells, which means two poor bastards have to double up. I call top bunk! Executions typically are scheduled for 1 a.m., but logistics would require these to go late into the morning. Now, let’s meet the soon to be dead!

Sedley Alley, 50, of Millington, convicted of raping and murdering 19-year-old Marine lance corporal Suzanne Marie Collins in 1985 at Orgill Park near the Naval base.

Charles Rice, 51, of Memphis, convicted of raping and murdering his 13-year-old stepdaughter in 2000. Emily Branch was stabbed 16 times when her body was found in a wooded area near Bellevue and Chelsea.

David Ivy, 34, of Memphis, convicted of murdering former girlfriend Lakeisha Thomas, 25, in 2001. He shot her at least five times as she sat in a car at 3502 Millbranch in Whitehaven.

William Glenn Rogers, 44, of Clarksville, convicted of killing 9-year-old Jackie Beard in 1996 after posing as a policeman to gain her trust. Her body was found four months later by hunters in nearby Stewart County.

Paul Dennis Reid, 48, of Nashville for the murders of Baskin-Robbins employees Angela Holmes, 21, and Michelle Mace, 16, in 1997 in Clarksville.


I’ll be crossing my fingers for you guys to get the number two slot in the Guinness Book of Records. Good luck!