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THE LAW IS A ASS #320: PETER’S GUNNING FOR THE FIFTH

PG60When I was younger, so much, much, much younger than today, there was a television show. Then, when I was a little older, they added a second channel and we got a second show. Eventually that led to four channels and lots more shows. One of those shows was Peter Gunn.

Peter Gunn was a private eye show that aired on NBC  then ABC from September 22, 1958 until September 18, 1961. It starred Craig Stevens as the eponymous P.I. and is probably best remembered for its jazz sound track and the theme song written by Henry Mancini. Even if you’ve never seen an episode of the show, I’ll bet you’ve heard the theme song.

I’ll also bet you don’t think I’m here to write about a TV theme song. There, you’d be correct. I’m here to write about the show. Specifically, Season 1, Episode 28, the April 6, 1959 episode, “Pay Now, Kill Later.”

The episode started with a SPOILER WARNING. Okay, it didn’t start with a spoiler warning. Like many episodes of Peter Gunn did, it started with a murder. It didn’t continue with a Spoiler Warning, either, but I have to. Because in order to discuss the legal ramifications of the episode, I have to give away details of the plot including its ending. So here goes.

John Abbot played a scientist who discovered a new miracle fabric in Manchester, England in 1945. But Abbot didn’t want to share the expected profits of this miracle fabric with his business partner played by Torin Thatcher. So Abbot hired a man who looked a little like him to be a caretaker of the textile mill he and Thatcher owned. Abbot tricked the man into wearing Abbot’s clothes then knocked him unconscious, left the man on the floor of the textile mill, and blew it up. All to frame Thatcher. Thatcher was convicted of insurance fraud for blowing up the mill and manslaughter in his partner’s “death.” (That’s what the show said, manslaughter. Personally, I don’t know why it wouldn’t have been felony murder or even premeditated murder, but I didn’t get a chance to ask the show, what with it being a TV show and rather nonresponsive and all.)

Fourteen years later, Thatcher was released from prison. He had always suspected that John Abbot wasn’t dead and had English detectives trace Abbot to America. Thatcher came to America and hired  Peter Gunn to track down Abbot. Abbot had changed his name and was now the successful head of his own textile firm, but Gunn tracked him down anyway.

When Gunn reported to Thatcher, Thatcher revealed his real purpose; he wanted to kill Abbot for ruining his life. He said he wasn’t worried because, he’d already been convicted of killing Abbot and under the Double Jeopardy Clause of the United States Constitution, he couldn’t be tried for the same crime – killing Abbot – a second time.

Gunn and his police liaison – back then all TV P.I.s had police liaisons just like all sit-com families had wacky next-door neighbors – Lt. Jacoby learned that Abbot was going to exhibit at a fabric show which was conveniently in the same unnamed river front city where Gunn operated. They went to the show to arrest Abbot for murdering the caretaker. But Thatcher also showed up with a gun so he kill could kill Abbot. Gunn and Jacoby tried to talk Thatcher out of this. While they did this, Abbot threw a bolt of cloth at them and bolted himself.

A gunfight ensued, as it did so often in Peter Gunn and virtually every other TV P.I show of the era. Abbot, who had his own gun, shot at Gunn and Jacoby. Jacoby and Gunn shot at Abbot. Then Abbot ran out of bullets and, rather than characteristically throwing his gun at Gunn, just tried to make a break for it. That’s when Thatcher shot and killed Abbot.  Thatcher surrendered to Jacoby and Gunn said, “It should make an interesting trial.”

Not really. It would have been a pretty straight forward trial. Thatcher killed Abbot in front of a respected P.I., a police lieutenant, and several other eyewitness; including the, in the 50s,  stereotypical screaming woman. And Thatcher had no defense.

He had no defense under Double Jeopardy Clause of the Fifth, because it didn’t apply to his case. As Gunn and Jacoby pointed out, the Double Jeopardy clause commands that a man cannot be tried for the same crime two times.  But Thatcher’s killing of Abbot wasn’t the same crime. After being framed, Thatcher had been convicted of killing Abbot in Manchester, England back in 1945. That wouldn’t apply to his actually killing Abbot in America in 1959. To quote the show’s accurate statement, “It’s a new and separate crime. Another time, another place.”

Nice to know that this low-budget half-hour TV show from 1959 managed to get the law correct, considering Double Jeopardy, the big budget 1999 movie starring Tommy Lee Jones and Ashley Judd, with basically the same premise got it all wrong. Repeatedly.

See Double Jeopardy doesn’t actually apply to the crime charged, that is what penal code violation was committed – in this case murder. Double Jeopardy applies to the criminal act that was committed. If you kill a man in 1945 that’s one criminal act. If you kill a man in1959, that’s a separate criminal act. You may get charged under the same statute, but you’ve committed two distinct and different criminal acts. You haven’t committed the same crime, you’ve violated the same statute two different times.

Even if the victim of both crimes happens to be the same man, because you didn’t really kill him the first time around, it doesn’t matter; it’s still two distinct acts and two distinct crimes for which you can be prosecuted two distinct times. Oh, you may be able to sue for wrongful imprisonment for the first murder prosecution, as you obviously didn’t commit that murder, what with the purported victim being alive and all. But you’d be enjoying your money in prison after being convicted of the second murder.

Suppose Baby Face Braunschweiger and the Light Fingered Five Minus Two rob the Frostbite Falls Bank in 1961, then are caught and convicted. Does that mean that, after they’re released, they get to rob the Frostbite Falls Bank any time they like with impunity, because they’ve already been convicted of that crime? No. They have been convicted of the crime once, but each time they rob the bank, they’re committing a new act. They may be breaking the same law, but they’re breaking it a second or third or fourth time. Even under Double Jeopardy, they can be prosecuted a second or third or fourth time. One prosecution for each new criminal act they commit.

And, in case you were wondering, because I said “Thatcher has no defense,” Thatcher can’t use self-defense in his trial, either. Yes, Abbot had been shooting at him and Gunn, and Jacoby. But there are two problems with him using self-defense. First, you can’t use self-defense if you are responsible for putting yourself in jeopardy in the first place. You can’t start a bar fight with someone then, when your opponent hits you back, get to claim self-defense when you hit him back for hitting you back. When Thatcher confronted Abbot with a gun and said he intended to kill Abbot, he initiated the confrontation. In this scenario, Abbot would be able to shoot at Thatcher in self-defense, but Thatcher wouldn’t be able to shoot back.

Second, when Thatcher shot Abbot, Abbot was out of bullets and running away. At that point, he no longer presented an immediate threat of bodily harm that necessitated any defense. So, again, self-defense wouldn’t apply.

I offer this week’s column as a public service. If you’re thinking of framing yourself for a murder that didn’t happen so that you can be convicted and go to prison, in the hopes that years later, you can then murder the still-living victim for real and not be prosecuted because of Double Jeopardy; don’t. That defense won’t work.

Insanity, on the other hand…

Martha Thomases: The Men of Orange

pennsatuckeyI ran out of energy over the holiday weekend. Instead of going on picnics or watching fireworks, making potato salad (which I loathe) or lying on the beach, I binge-watched Orange Is the New Black. I’m late to this party, and even with four days of inertia, not being able to leave my chair except to eat, sleep and throw toys for the cat, I only got halfway through the second (and current) season.

Why did I wait so long? The initial hype turned me off. I thought it was going to be played more broadly, and I didn’t want to see women in prison played broadly. My son told me I would like it and I still didn’t watch it.

But then I read this, an article that criticizes the show for not paying enough attention to men. That pissed me off enough so that I had to watch.

See, OITNB is based on a book written by a woman about her experiences in prison. The show, like the book, represents her point of view. It’s not a documentary about our prison system, which would be a much harsher series, and much more difficult to watch. It’s a story. A story with characters.

It’s the author’s perspective. If she didn’t perceive the men in her life at that time as fully-rounded characters, well, then that is her life and how she chose to portray it in her book. And, since she’s a producer on the program and has described the show as “96%” accurate, I’m assuming she signed off on the television versions as well.

Every work of art does not have to represent the universe. In fact, I would say that is almost impossible. Every work of commercial entertainment does not have to represent the universe. As a consumer, I would like to have the choice of a universe from which to choose. I would like to be able to get the perspectives of men and women, queers and straights, people of all colors and cultures and social classes.

When I want a creative fictional depiction of the male experience in prison, I can watch Oz: The Complete Seasons 1-6. You may notice that there are not many women featured, and yet I don’t recall complaints at the time. Because those complaints would have missed the point!

My pal and colleague Michael Davis started The Black Panel at the San Diego Comic Con as a place where people of color could talk about their own creativity, rather than simply gripe about the racism of corporate comics. Instead of kvetching that Spider-Man isn’t black, or that DC wouldn’t let African-American creators work on Superman, Davis urges people to make their own art, providing examples and role models on the dais. Watching OITNB excites me in the same way. It’s a show created by women, based on a book by a woman, with women in the majority of roles.

If you find yourself with time on your hands, a Netflix subscription and you haven’t yet done so, I highly recommend OITNB. The physical contrast to most commercial (and, let’s face it, indie) entertainment is startling. I can’t remember the last time I saw so many women on a program, with so many different body types and colors and ages. Some have bad skin. A few have really bad teeth. They have bad haircuts. They sag. Their clothes do not fit well.

The characters, all of them, are rich and complex and heartbreaking. Even those I don’t like, I want to see pull through. The actors really nail it (although I’m sure the scripts and the direction contribute, I think it is, ultimately, the actor here). After I watched a bunch of episodes, I went to see what else I could find about them. When I saw this, when the cast dressed up for an awards show, I could not believe how well everybody cleaned up. And how much I missed their fictional selves.

So, despite my initial resistance, I’m now a fan. Not enough of a fan to want this Orange Is the New Black Presents: The Cookbook, but a fan.

 

BOOM! Announces ‘Dawn of the Planet of the Apes’ Series

This November, award-winning publisher BOOM! Studios and Twentieth Century Consumer Products are pleased to announce they will launch DAWN OF THE PLANET OF THE APES, a new comic book limited series based on the new film from 20th Century Fox.

Written by Michael Moreci (CURSE, Hoax Hunters), the six-issue series bridges the 10-year gap between the Rise of the Planet of the Apes and Dawn of the Planet of the Apesfilms, chronicling the fall of humanity and the rise of Caesar’s ape civilization. Additional creative team details will be revealed at a later date. While the apes of the world have yet to advance as a species, Caesar (portrayed by Andy Serkis in the films) must find a way to unify them to one cause. On the other side of the country, Malcolm (played by Jason Clarke in the Dawn of the Planet of the Apes film) must venture into the decaying Americas with his family to find a cure for the plague slowly killing his wife, Rita.

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Box Office Democracy: “Earth to Echo”

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If my eight year-old self had seen Earth to Echo this weekend he would have loved it.  It’s vaguely science-fiction-y and soft sci-fi was my jam back then.  It features clever resourceful kids and clueless adults and what kid doesn’t like to think themselves cleverer than their oppressors?  Earth to Echo also has a good pace to it, it goes quickly from action piece to action piece with very little fluff holding it down.  Unfortunately I had to see this movie as my 30 year-old self and so I enjoyed it a bit less but I would probably recommend it to my non-existent friends with kids in this age group who absolutely had to take their kids to a movie in a theater.

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Marvel Reveals Canada Themed Variants for DEATH OF WOLVERINE!

He is many things to many people. Hero. Teacher. Friend. X-Man. Avenger. But above all else, he is one – Canadian. Today, Marvel unveils “Canada Variants” for all four issues of the highly-anticipated DEATH OF WOLVERINE series. Charles Soule & Steve McNiven explore the untimely end of the Great White North’s most well-known mutant hero. Each cover features stunning cover art rendered by Steve McNiven that proudly displays the Maple Leaf flag of Logan’s proud home and native land of Canada.

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Tweeks: We Love “Littlest Pet Shop”

tumblr_n2p7f779h81qa10uwo1_500-9427908There is so much to love about Littlest Pet Shop!  Not only are they just about the cutest little toys ever with their big eyes, and bobbly heads, but they also have a cartoon series on Hub that Maddy is obsessed with.  And now they also have a comic book series thanks to IDW!  Oh and did we mention Blythe Baxter’s perfect hair and a pair of diabolically evil twins?  Watch our review & then ask yourself, as we do often, why there isn’t a Brony-like following (yet) for LPS.

Dennis O’Neil: Batman’s Toys and Storytelling

batman-3571888All right, everyone quiet down and take a seat. I’ve been asked to remind you about the pep rally and don’t forget that finals are week after next. Now, where were we…

Today we’ll begin with a brief review of the material we covered last week. You’ll remember that we began by discussing what Batman’s mortal enemy – I refer to the Joker, of course – called Batman’s “wonderful toys.” We mentioned the Batmobile, the Batplane and that line-shooting device, the technology of which would surely be revolutionary though Batman seems to take it for granted. Putting the shoe on the other foot…the Joker, who does not appear scientifically inclined, mixes up some sort of disfiguring goop that can be passed off as over-the-counter cosmetics – in itself, no mean feat – and then smuggles it into retail packaging throughout the city. His point is to distress the citizenry and apparently he succeeds.

I explained these wildly improbable events by suggesting that the screenplay which encapsulates them is a hybrid of funny animal/funny person cartoon shorts, the likes of which were movie theater staples when I was a nipper and can sometimes be found on television, and crime drama: call it badge opera, if you like. The critter on the screen, human or otherwise, has what he needs when he needs it and we don’t care where he got it, only how he’s going to use it. Outrageously, we hope.

But, for a moment, consider: Could the script have been written in such a way that the anomalies are explained? Well, don’t expect me to write it, but the answer is a qualified yes.

I choose to believe that the very bright guys behind Hollywood computers are capable of the kind of mad ingenuity the job would require. In fact, they and other scriveners do something like it every day.

Let me remind you of a basic: art, which includes storytelling, involves a process of selection: the writer determines which incidents, real or imagined, will best tell his story and those are what he shares with us. He has to determine how deep into the story he wants to go. Go too deep – put in too many trivialities – and he risks boring his audience; put in too few and the thing might not make sense. Do we care where the hero bought his trusty .45? Probably not, so don’t bother to distract us with the sales slip. But if the plot requires him to shoot the sweat off a bumble bee at 100 yards, maybe we’d better have some idea of how he acquired that skill, lest in wondering where the skill comes from we lose interest in the hero and his world.

It seems to be a matter of degree, doesn’t it?

Ol’ Nobel Prize-winning Papa Hemingway had opinions on this matter and they’ll do to end this session.

Know what to leave out.

Write the tip of the ice-berg, leave the rest under water.

Is that the bell already?

 

Mike Gold: 52 Original Future Crises Of Sin

original-sin-9386592Now that the Big Two are deep into their mandatory summer crossovers – as opposed to their mandatory winter crossovers, their mandatory spring crossovers, and their mandatory fall crossovers – I can’t tell the players without a scorecard.

At the core of both series is the same plot: all or most of the sundry parallel universes are going to collide into one, if, indeed, that many. This does not envelop either series in an aura of originality, particularly when Marv Wolfman and George Pérez did this 29 years ago. You may not think they did it better way back in the early days of the Gilded Age of Comics (and you’d be wrong about that), but at the very least you could understand that story. Original Sin and Future’s End… not so much.

At least Marvel’s Original Sin is built around a clever plot point: somebody offed The Watcher and stole one or both of his eyes… and then, one eye exploded implanting various deep dark secrets held by various characters into the brainpans of those who were within the blast radius of the eyeball.

No, I don’t know how big the blast radius of a Watcher eyeball is. And I’m a bit pissed off at offing the big bald guy anyway, but it’s comic books, where death has no meaning whatsoever. If they ever kill Aunt May off, she’ll be back in a few months with a bionic bustle.

DC’s Future’s End simply makes no sense. Batman Beyond is sent back in time to prevent the end of the world as we know it, but he misses his mark and arrives later than he was supposed to. Well, fine. That’s it. The hero blew it and it’s over, right?

No such luck. All the characters wander around slapping their foreheads and mumbling woe is me a lot. It doesn’t help that this series features the New 52 version of the DC Universe, which really hasn’t been very well-defined or thought out, but has been compromised after-the-fact by bureaucrats who wouldn’t know a good comics story if they bothered to read one.

It was time to retire the mega-event crossover before we started worrying about Y2K. But these puppies make money, so the Big Two are going to keep on hitting the event button like a crack whore with new kneepads.

It’s easy to understand why comics fans like the Marvel movies. They exist in a comparatively small universe with clear roadmaps. DC doesn’t have that goodwill going for them, and Man Of Steel offered little hope.

But we continue to hope. These are great characters. We love them, and we hope that someday the powers at Warners and Disney start to trust those characters as much as we do, before the core audience is all on catheters and people start to view Superman and Wolverine the way we view The Lone Ranger and Buck Rogers.

Before time runs out. 

The Point Radio: Roxanne Mckee’s Heavenly Gig On DOMINION

Actress Roxanne Mckee (“Claire”) feels her new role on the SyFy series DOMINION is a little slice of heaven, and she shares the enthusiasm about all things angels and devils, plus Peabody Award winning TV genius, Angela Santomero, has given us children’s classics like BLUES CLUES, DANIEL THE TIGER and now a new show just in time for summer binge watching on Amazon.

THE POINT covers it 24/7! Take us ANYWHERE on ANY mobile device (Apple or Android). Just  get the free app, iNet Radio in The  iTunes App store – and it’s FREE!  The Point Radio  – 24 hours a day of pop culture fun. GO HERE and LISTEN FREE  – and follow us on Twitter @ThePointRadio.

Emily S. Whitten: Craft with Me, Skottie Young & Deadpool!

deadpool-skottie-young-6237669Skottie Young has always had a unique style, but I particularly love his little chibi versions of comic book characters. When I first saw his Deadpool “Screw U” chibi art on the badges for Baltimore Comic Con a couple of years ago (and then on the Deadpool #001 Variant Cover it immediately went on my mental favorites list. Young has also done very cute chibi covers of other characters, like Wolverine and Spider-Man. So this past weekend when my fella (who’s a huge Spider-Man fan) and I decided to do some clay crafting, Young’s grumpy but adorable little Deadpool and his adorable upside-down Spider-Man were excellent tiny sculpture project choices for us.

I’m fairly pleased with how my Tiny Grumpy Mercenary turned out, and, I gotta be honest, having him slouching irritably on a shelf with my family of Deadpools makes me happy in my nerdy little soul. So in case you are craving a happy nerd soul too and are in the mood to give crafting a try, I thought I’d share a tutorial on how I made by newest little buddy.

Step One: Suggested Tools and Supplies

  • Fimo, Sculpey, or other colored sculpting clay, in red, black, brown, white, blue, and purple
  • wax paper (to work on – I usually tape it down to the table) and a bright desk or work light
  • aluminum foil, and an old cutting board and sharp knife or other handy cutting tool
  • basic sculpting tool set (this is the set I have). You can also use toothpicks or other household items if you don’t have official tools.
  • wire and wire cutters

Step Two: Photo References

It’s always good to get a reference for whatever you are going to make from all angles possible. Of course, if it’s just one image, that’s all you’ll have to work with. But if you search and and save a good-sized version of the image, you can also at least zoom in as needed to look at the details. In this case, of course, your reference is this image.

Step Three: Making Your New Friend!

skdp_1-2694218This process is going to vary for everyone, but generally, if what I’m making is a creature or a person, I like to start with the head. Having the head done first helps me gauge how big I will want to make the rest of the character; plus, making the part of the character that expresses the most personality first just makes sense to me.

To make a tiny Deadpool head, start with a round red ball and trace out the black eye holes very lightly with a knife tip. Pro tip: rolling the clay in the palms or your hands is a good way to get a good round ball (after kneading the clay .to warm it)

skdp_2-7953687Once you’ve got the eyes traced to your satisfaction, trace them again with a deeper cut, angled inward at a shallow angle. Next, lever the middle area out to make a little hollow where the eye will be.

skdp_3-300x369-3770432Use your finger or a tool (the ball-tipped tool does well for this) to smooth the edges and insides of the eye sockets and get rid of any clay crumbs.

skdp_4-300x302-1472331Then make a ball of black clay of a size to fill the eye socket, shape it slightly to fit the socket’s edges, and press it into the socket.

Use your fingers and the flat-tipped tool to smooth the edges of the black to the red.

skdp_5-1133642Next, repeat for the other black eye, and the white inner eyes. Pro tip: if you are using white clay, ensure you first wash your hands and are careful smoothing the edges so other clay colors don’t transfer onto the white. You can also lightly scrape the top surface of the white clay after you are done to remove any color tint.

skdp_6-7256167
skdp_7-300x358-8875211Once you have the eyes done, squinch the nose area just a little bit to get a grumpy look. Then roll a tiny red cone, and affix it to the back of the head, using the flat-tipped tool to smooth the edges of the cone onto the head and get rid of the seam where the two meet. Bend and pinch the tail of the Deadpool mask as per the original image, and use the flat-tipped tool to make tiny “wrinkles” in the tail of the mask.

Hey, look! You have a Deadpool head! Hooray! But don’t forget the excellent crowning touch, i.e. the little dart. Roll a piece of brown clay out into a thin snake, and cut to the size of the dart handle. Make another little snake of blue, wrap it around one end of the brown in a circle, cut to size, and use the flat-tipped tool to smooth the blue onto Deadpool’s grumpy little forehead until it looks slanted like a suction cup dart. Pro tip: to stop the dart handle from drooping, put a little extra blue or brown on the underside of the dart to support the handle.

Now, put the head aside and move on to the body. For Deadpool, I chose to make the whole body out of one solid red piece of clay. Pro tip: For larger objects or complex shapes, you can also shape aluminum foil into a relatively smooth core for the object, to save clay and/or make the sculpture stronger. You can then roll out a thin sheet of clay, cut it as needed, and mold it around the foil like a skin, smoothing it with tools and fingers afterwards.

For the body, start with shaping Deadpool’s round tummy, and then shape the legs and feet, and then body and arms. Once you have the basic shape to your liking, roll out a thin sheet of black to use for the markings on his uniform and for his belt. For the uniform, you can cut several shapes with the knife tool and then fit them together and smooth them into one piece on each side of his body. I cut five shapes for each side: the front and back strips that also jut out a little near the top, a strip for around the top of each arm, a small piece to go on each arm where the black goes further down, and a piece for under the arm to connect the front and back strips. You can always cut less shapes if you want to.

After smoothing these into the uniform, roll a thin black snake to go around each wrist, and a thin silver snake for his zipper, and attach these. To make the zipper tab, you can form a tiny ball of silver into a little rectangle using, e.g., the flat of a knife blade and your flat-tipped shaping tool simultaneously on opposite sides of the shape. Once you have a flat little rectangle, attach it to the top of the zipper line, and use the tool that rounds to a point (or a toothpick) to make a little indent for the tab “hole.”

skdp_8-4457344Now you can go back to your black sheet of clay and cut a long thin strip for the belt, smoothing it together in the front where the buckle will be. Finish up with the four brown pouches (made like the zipper tab, and using the flat-tipped tool for the crease of each pouch “flap”) and a little light purple oval for the belt buckle.

Your final step will be to attach the body to the head. Once you’ve lined up where you want the head and body to join, you can cut a short piece of wire and insert it in the top of the body and bottom of the head. Before attaching the head, knead a small piece of red clay and shape it around the wire in the body; that way when you join the two, they will also be held together by clay. Finally, use more red clay to fill in the cracks between body and head, and smooth those together until the seams disappear. And voila! You have a little Deadpool.

skdp_9-4349285Now, follow the baking instructions (and keep an eye on the light clay colors on your Deadpool to ensure he’s not baking too long – if he is they will begin to turn brown, like a marshmallow would). I recommend baking your clay in a glass dish.

skdp_10-9643758When the bake time is up, take him out very carefully, and let him cool skdp_11-3532753completely before touching him. Pro tip: For some reason white doesn’t always bake as brightly as you might like. If you see that your whites are dull or translucent after baking, you can always use paint on your figure to brighten him up; and also, there are clay glazes available if you ever want to make a shiny critter. And now, your tiny Deadpool is done! And you can sit him up somewhere and enjoy your awesome handiwork every day! Hooray!

skdp_12-3221402Good luck with your tiny creations, and until next time, Servo Lectio!skdp_13-7462463