The Law Is A Ass # 423: Cyborg Clunks The Parole Evidence Rule
I have a mutant power. (One mutant power; don’t believe any lies Tony Isabella tells about a different power and the silly codename Shattertoy.) I have one power; I get things right for the wrong reason.
And, it seems, my power is catching. Because in Cyborg vol. 2, number 1, the book’s eponymous hero showed the same power. (Sure, the guy’s a half-human/half-robot super hero with gadgets and gizmos aplenty, and you’ve got to go and give him my power, too?)
In the comic in question, Cyborg was stopping an armored car hijacking. The hijackers were speeding their wannabe tank through downtown Detroit with a full cadre of police cars in hot pursuit. That’s when Cyborg used his robotic strength to stop the armored car with a force so masterfully applied that it crumpled the car’s front end without even registering a sound effect in the panel. Now that’s skill! As part of his Spider-Man-approved catch-the-crooks banter, Cyborg explained that the hijackers were likely to hurt someone with their reckless driving and he couldn’t allow that.
Cyborg shook the armored car like he was in a low-budget Mariachi band that could only afford one maraca. The two criminals came tumbling out of the car and immediately started shooting AR-15s. Uh, Cyborg, if you’re really interested in not letting the bad guys hurt anyone, you might try disarming them before you dump them out of the nice car with nice armored sides that bullets can’t get through.
Cyborg used his on-board internet connection to scan the hijackers’ cell phones and learned one was a parolee named Dante Morris. So he continued his banter with, “Dante, Dante, Dante… You do realize that each one of these shots is a violation of your parole, don’t you? You’re probably looking at a year behind bars for each bullet.”
Then Cyborg disarmed and subdued the hijackers, which ended his involvement in the matter. And started mine. Cause now I get to explain that while Cyborg’s ultimate conclusion might have been correct, his reasoning was dead wrong. Er, considering how much lead was flying around, I guess we should be glad Cyborg wasn’t dead wrong. But he was wrong nonetheless.
Not about the part that hijacking an armored car would violate Dante’s parole. Cyborg was wrong in saying that each separate bullet that Dante and his co-conspirator fired was a separate parole violation that would add a year to Dante’s sentence. That’s not how parole violations work.
Parole is an early release from prison. When inmates are granted parole, they are released before serving their entire sentence. Parole comes with conditions attached. Some of these conditions vary, but the ones that are almost always imposed include: a stable place to live, steady employment, reporting to the parole officer, and not consorting with other criminals. Oh yeah, and the biggie; while you’re on parole, don’t break the law.
If a parolee violates parole, the parolee’s parole officer files a notice listing all of the reasons why the officer believes the parolee has violated parole. Then someone, either the parole authority or a judge, holds a hearing which will determine whether the parolee has violated parole. If the person presiding over the hearing rules that the parolee did violate parole, the parolee’s parole can be revoked and the parolee sent back to prison to serve the remainder the original sentence. If a parolee commits armed robbery, not to mention armored car robbery, I can pretty much guarantee the parolee will be going back to prison.
But parole violations don’t involve multiple sentences. Even if the parolee did several different things and each separate act constituted a different parole violation, each act does not add additional time to the parolee’s sentence. Parole violators serve out the remainder of the original sentence. They don’t get additional time for violating their parole.
Dante violated his parole by obtaining a firearm, hijacking an armored car, consorting with another criminal, participating in a high-speed chase with the police, and shooting at Cyborg and the police. Each act was a separate parole violation, but, despite what Cyborg said, each bullet will not add more years to Dante’s time in prison.
However, a parole violation does not end the story of Dante’s problems with the law. You see, by buying the guns, hijacking the armored car, participating in the high-speed chase, and shooting at the police and Cyborg, Dante wasn’t just violating his parole; he was also committing new crimes. Crimes for which he could – no, would – be put on trial. And after he was convicted of those crimes he would be sentenced to new prison terms for his new crimes.
Many jurisdictions have laws requiring that if a parolee violates parole by committing new crimes, not only will the parolee be required to finish the original sentence, but any sentence the parolee receives for the new crimes must be imposed consecutively to the parolee’s original sentence. In addition, if the judge was in a particularly “tough on crime” mood, the judge can order the sentence on each new count to be served consecutively.
If that happened to Dante, he would serve out the remainder of his original sentence, then start serving the sentences for his new crimes. And if the judge ran everything consecutively, Dante would serve out the original sentence followed by his sentence for having a weapon while under the disability of being a convicted felon on parole, followed by his sentence for hijacking the armored car, followed by his sentence for fleeing and eluding while in the high-speed chase, followed by his convictions for attempted murder for shooting at Cyborg and the police officers.
Note I said attempted murder convictions. While each individual shot would not constitute a separate count of attempted murder, each person that Dante was shooting at would be a separate victim. And each victim would be the subject of a different attempted murder count. There were three police cars in the chase, each probably had two officers. That’s six police officers and one Cyborg, or seven attempted murder victims. That’s seven counts of attempted murder and seven more consecutive sentences that would be stacked on top of all the other sentences.
Dante will get a long sentence. Maybe not as long as some of Charles Dickens’s more-famous run-on constructions, but a long sentence. So Cyborg was right in thinking Dante would get a long sentence, but wrong in thinking it would be for multiple parole violations. It will be for his multiple new crimes.
And that leaves us with just one more question: how long a sentence will Dante receive? I don’t know. But I am pretty sure that to Mr. Morris it will look like Dante’s eternal.


A new generation of superhero supports

After

As of my typing up this column, DC Comics employee of over twenty years and Superman Group Editor
Make no mistake; DC Comics did what it did because there was absolutely no way to continue protecting Eddie Berganza.
And Eddie Berganza isn’t the only person to make that statement true.
I want to make this crystal clear to people reading, as fans and casual readers may not be aware of or understand the reality of all of this. Speaking out against the brass is more than looked down upon; it’s disqualifying.



When it comes to music, we all get it right away. We understand what duets are, and how the combination of two favorite performers can result in something new and special. In 2006, the album Duets teamed Tony Bennett with a myriad of music’s A-listers. It was an instant hit. Part of the fun was the surprising range of match-ups. While a song featuring Bennett collaborating with Barbara Streisand was expected, duets with musicians like k.d.lang or the Dixie Chicks were wonderful surprises.
“Back in 1976, Denny O’Neil asked me if I would be willing to draw layouts for an ongoing DC comic, Hercules Unbound. Wallace Wood had been doing the finished inks over layouts. I jumped at the chance. I knew Woody personally just a little from the time I spent hanging out at Continuity Associates, Neal Adams and Dick Giordano’s studio in New York. But I knew Woody’s work extensively, from his EC stories to his work on the early MAD magazines, to Witzend, and his later work on Daredevil and other mainstream comic books. I was thrilled.
McCarthy-era political witch-hunts fed even vice-presidential hopeful Estes Kefauver’s investigations into juvenile delinquency. The fallout came very close to killing the American comic book industry in the second half of the 1950s. Comic books were demonized and workers in the industry humiliated. Most publishers went out of business. The few that stumbled on, slashed titles to the quick and experimented with new/alternative genres. As Carmine Infantino told me, even the industry’s top company, National/DC, were not only laying-off talent but also cutting pay rates for those who stayed. Joe Orlando confirmed he was so humiliated he started telling non-industry people that he “illustrated children’s books” in lieu of confessing he was a comic book artist. Stan Lee likewise confirmed that in that period, he skirted telling people he worked making comic books. Every artist aspired to doing a newspaper strip. Newspaper strip work — as opposed to the then-shamed comic books— was not only respectable, it was celebrated and could generate great income based on circulation.
Kirby, Schiff and Dave Wood assumed Kirby’s associate, Marvin Stein, would be inking Kirby’s pencil work but, Stein had had enough of the cockamamie comics business and left for better, steadier work in advertising, as so many did during the mid-to-late ’50s comics implosion. With Stein out, Jack knew he needed a top quality, polished inker to help his work compete with such illustrative adventure strip artists like Alex Raymond, Hal Foster and Milton Caniff. Jack realized the absolutely best man for the job was Wallace Wood (no relation to Dave) who had quickly risen to be America’s foremost sci-fi comic book artist a few years earlier via his groundbreaking work at EC Comics on such titles as Weird Science and Weird Fantasy.
Newspaper strip deadlines never stop. There is no break. It is important to gear-up and have plenty done prior to the launch, as that is the only buffer a strip artist will ever have. Work on Challengers started during the Sky Masters gear-up period. Because of the release date of Wallace Wood’s first issue of Challengers, there has long been confusion about the timeline — which came first, Wood’s joining Challengers or Sky Masters? Through my Wally’s World research, I was finally able to clear it all up via my interviews with a few of the first-person witnesses to these matters, Tatjana Wood, who took the initial call from Kirby and was in the studio when Jack came over for meetings and with my dear friend, Al Williamson who occasionally helped out inking some backgrounds. The Kirby-Wood collaborative period started with Sky Masters. Their work together is ultimate Americana. Imagine John Wayne doing a film with Elvis or Marilyn Monroe doing a film with James Dean. Kirby and Wood are like that except in their case, it actually did happen for a bright, fleeting moment.
Sky Masters is the greatest teaming of America’s two most iconic mid-century comic book creators, Jack Kirby and Wally Wood. What makes it better, more important, than their other works (even Challengers) is that particularly on Sky, they worked as equals. It is not Wood inking Kirby, it is a different animal. Something new, something more unique than their other works… not Kirby, not Wood, but the totally unique hybrid that can only be called, Kirby-Wood! Jack once said, in Wally, on Sky Masters, “I was [only] looking for an inker but got a [true] collaborator.
It feels a little silly to be issuing a spoiler warning for a story that’s more than twenty years old but it’s entirely possible that there are folks out there who have never read the story described below. I’ll need to discuss some plot points and twists so if you don’t want to know ‘em, avoid this week’s column. Spoiler warning issued.
The title tale is the biggest one in the volume but, as not unusual, is not the only story. The first one reprints issue 50 which was extra-sized. I’m of two minds about anniversary issues. Certainly, you want to celebrate the longevity of the given title but sometimes setting it up can throw off the whole pacing of the series. That happened with GrimJack and maybe the Spectre; you can wind up treading narrative water trying to get to an anniversary issue.
The element that I took for the new Squad was that the old one fell apart on a disastrous mission to Tibet. Bright and Evans found out about Rick and Karin and were pissed at being played for chumps. They died falling into a chasm during an attack by a Yeti. Karin had a breakdown and wouldn’t see Rick anymore.
Unaware that both are dead, Jess wants revenge on Rick and Karin and, having run afoul of the new Squad since becoming Koschei he also wants them dead. To this end he has resurrected members of the Squad who were killed on missions by using mechanical implants at the base of their skulls. Oh, and I should mention that Koschei has also died but, using the same technology, walks and talks and plans terrible revenge.
Can you feel it in the air, kiddos? Whether it’s our President’s RussiaGate investigation picking off staff members and placing others under house arrest, or the massive movement of that other three-named comic book creator being snagged by their rival comic company. The times? They are a’changin.’
In 2000, which I’ll be double-damned was seventeen friggin’ years ago, BMB was brought in on a little experimental book Ultimate Spider-Man. The proto-millennial Peter Parker of Bendis’s pen was what a generation needed from their comics. He was young, unencumbered by decades of backstory, and full of delicious teen angst. Paired with the artwork of stalwart journeyman Mark Bagley, the book skyrocketed Bendis’s name-value into the upper echelons of the modern comic book fandom. And over the course of his career at the house funded by the Mouse, Bendis had amazing runs on Daredevil, The Avengers, Alias, and the X-Men. But you have access to Wikipedia too, so, let’s just call it a day with the basics, shall we?
While some would be quick to point out that BMB’s clout may not be at the same levels it once was, anyone with a Facebook feed like mine when the announcement dropped surely could argue otherwise. Every comic book fan and creator I know had something to say on the matter. Most all of it was purely positive – save literally for that one friend who literally can’t say they like anything, ever. But, pardon my French, fuck that guy.
