Wednesday, 11 February 2015

News: Chad Evans: Murder of 21 Month Old Child

NH officials push to re-examine man’s conviction for 2000 Kittery death of toddler

CONCORD, New Hampshire — Some government leaders in the state are pursuing new efforts to free former Rochester resident Chad Evans, who was convicted in 2001 of murdering a 21-month-old girl.

On Thursday, the House Judiciary Committee will hold a hearing on a resolution urging the Department of Justice to re-examine Evans’ conviction and hire an independent investigator to review the case. Meanwhile, the senior assistant attorney general states he does not believe a further review of the case will exonerate Evans.

Evans is serving 43 years to life in prison on a second-degree murder charge, for killing 21-month-old Kassidy Bortner, who was the daughter of Evans’ girlfriend at the time, Amanda Bortner. Kassidy died on Nov. 9, 2000, after an incident at a home in Kittery, Maine.

At Evans’ December 2001 trial, Dr. Margaret Greenwald, who was the chief medical examiner at the time, testified that Kassidy died of battered child syndrome after suffering bruises throughout her entire body, including eight to 10 blows to the head.

In 2003, the N.H. Supreme Court issued an opinion, following Evans’ appeal of the case, stating that Evans had assaulted Kassidy on several occasions in the months before she died.

Following his conviction, Evans has maintained his innocence and claimed that the bruising on Kassidy’s body was accidental. In an interview with Foster’s in January 2011, Evans said his son struck Kassidy by a tee-ball and it hit her in the face. He also said Kassidy banged her head on a glass table a couple weeks before she died.

The resolution states that the jury was unaware of several factors, including that Kassidy had a heart abnormality and her death may not have been a homicide.

It also states Evans was only briefly interviewed by police about the incident. It states that the jury did not know that Evans had asked about enrolling Kassidy into day care, or that Kassidy appeared fine to a school nurse, days before she died.

The resolution also mentions Kassidy’s appointment with an orthopedic surgeon, of which the jury was not aware. The appointment took place two months before her death, and was made at Evans’ own recommendation, during the period time Evans was accused of abusing her.

Senior Assistant Attorney General Jeffery Strelzin, who is also chief of the homicide unit, said he does not believe the information listed in the resolution would make any difference in the jury’s opinion at trial.

He said the Attorney General’s Office had already reexamined Evans’ case a couple years ago, when it conducted a polygraph test, a voice stress lie detector test and a statement analysis. Strelzin said the results of the polygraph test were inconclusive, and he denied Evans’ claim that he passed the voice stress test that analyzed whether Evans was telling the truth about circumstances of Kassidy’s death.

According to Strelzin, the statement analysis test — in which an expert analyses Evans’ statements to police — concluded he was not truthful.

It is also uncertain at this time whether the Department of Corrections would be compelled to reinvestigate the case if the resolution is passed. In a phone interview Tuesday, Strelzin said the resolution, HB10, simply “urges” the department to reexamine the case.

State Rep. Max Abramson of Seabrook, who is the primary sponsor of the resolution, said it is “bordline physically impossible” that Evans was anywhere near Kassidy at the time of her death. He said it is more likely that her heart condition or actions of her baby sitter at the time, led to her death.
Abramsom was previously convicted of reckless conduct for firing a weapon at his home in 2010 while trying to stop a fight that erupted at a party.
Abramson, who maintains his innocence on the reckless conduct charge, said Evans’ case is one of the main reasons he decided to run for state representative in this past November’s election.
The other sponsor of the resolution is state Rep. Dick Patten of Concord.
Distributed by Tribune Content Agency, LLC

Here is another story related:  

http://www.fosters.com/apps/pbcs.dll/article?AID=/20100611/GJNEWS_01/706119881


Why Did I Miss That? Part III: Analyzing Three Times


Analysis should be done in three rounds for the purpose of being thoroughly done.

Recently, someone from the Department of Defense sent me a statement with his analysis (he was well trained).

It was strong and impressive because it was thoroughly done, and with even application.  It was not one that warranted much imagination, but he did not force his imagination onto it (in the realm of "expected.")

I will write to him and ask him if I can publish it here for him, as readers will benefit from his work.

Picking up from Part Two of this series, the three rounds or "passes" of a statement being analyzed are as follows;

I.  Presupposition of Innocence
II. Presupposition of Guilt
III. Disconnected Analysis.

"My name is John Doe and I work for Smith Research and Development, where I am a research technician, 3rd class.  Mr. Robert Smith (redacted) hired me after a lengthy interview and a background check.  I have been working for SRD for almost 2 years now.  Mr. Smith is my supervisor and is responsible for assigning specific reports to each of us equally.  
I first became aware of the missing funds when a co worker of mine said that Mr. Smith was going around telling people that someone took it. I don't know anything about it.  I was asked to write out a statement about my entire day which I think is unfair because I would never take the money.  But here I go.  I got to work at 8 on the day the funds went missing.  This is like every normal day.  I am prompt, courteous and a good worker.  I reviewed all my reports and looked to see what Smith had assigned me.  The co worker in the cubicle next to me got less than me but was already complaining about being overworked. I do as many as I can and Smith had said that this was because I was able to do more and come raise time he would not forget me.  He did.  Nothing can be done about it. It is the way this company treats professionals.  
Ok, at 9, I had a meeting with the entire unit.  This is where we were supposed to be able to talk about the work distribution load and correct any imbalances but instead it turned into a lecture about how the owners wanted us dressing differently and they there was going to be a new code book about how we can and cannot speak to each other.  Like I need to be told how to dress and talk!  
Went to lunch at 12. 
At 1 I met with two new clients that I thought were going to sign on with us.  They were only considering contracts because of my professional appearance and not due to a company dress code. That they did not sign on the dotted line doesn't even matter.  They know how the company cuts corners and to be truthful, I could not contradict this to them.  I'm sure they will talk with me again at a later time and date.  Trust is important. 
At 2 I followed up on some emails I was behind on because of the heavy workload.  At 2:30 left the office.  I had to go the bank so my rent would not bounce. It was a stressful day.  I wanted to get out of the office because I heard talk about money thing and didn't want to get blamed by Smith or anyone else. I just needed a break, is all, and I am due two 15 minute breaks a day and have not taken one in I don't know how long so I felt it was not wrong to do.  I didn't think the co-worker next to me would say anything.  I have given this company everything for almost two years now and did not get a reason for not getting my raise even though I have outworked everyone else on my floor.  I would never steal that money.  When funds go missing I think they should look at the lazy ones and not me.  I do not steal. That's my day. 5 I'm out the door.  I only left without talking to others because I did not want to see that look of suspicion on their faces questioning my ethics.  I will not have that.  Let them walk in my shoes for a mile before they judge me as a thief. "


I.  Presupposition of Innocence

As explained in Part Two, this is not a moral or ethical issue.  This is done so that the proper "stand off" between the Expected and the Unexpected can be positioned.

The analysis should be done:

a.  Believing the subject did not do it.  This means not judicial innocence, but de facto innocence.
b.  The subject is going to tell me he did not do it.
c.  The subject is going to be 100% truthful and guide me, word by word, sentence by sentence.

The first round with the presupposition of innocence allows the deceptive subject to force me to "confront" one of two things:

a.  words I did not expect to hear
b.  missing words that I did expect to hear, but are not there.

 By now, you should understand from other examples and articles, that you are to analyze the statement as if it is 100% truthful, and that the subject did not do it.  You will see if the statement agrees with this presupposition.  This surrenders confidence to the subject's words.

Those who are jaded with the "everyone is lying" mentality fail here.  They fail to detect deception and they fail to detect (and be guided by) truth.

As you work, word by word, sentence by sentence through the statement, you then see if the words used were the ones you expected to hear.  Was there a reliable denial?  (Pronoun, past tense verb, specified activity).

We have analyzed line upon line, moving from left to right in the first round.  This means that something is missing for the second round.

Objection:  What about statements where the subject makes it very difficult to presume that he did not do it?

Answer:  These are the best statements because they are the easiest to discern deception.

When someone makes it difficult for us to believe them, it is likely going to be much easier to discern deception.  Yet, even if we know he is deceptive, the statistics tell us that it is very likely that what he has told us is, in fact, true, it is just that he left out the fact that he took the money for himself.  This makes our work easier as the "confrontation" between expected and unexpected becomes clearer, with deep, richer contrasting colors in language.

There will be inconclusive statements.  Yes, they annoy me but they still will yield much information, specifically, where to "aim" the laser of our questions.


II.  The second round is now down thinking that the subject "did it" or "may have done it" (in inconclusive first rounds) and will now guide us how it was done.

If no deception was indicated in the first round, as you work through round two, does your new theory that he "did it" fit the analysis? Or, must it be 'forced' to prove deception?  Forcing deception can help indicate veracity.

Top to Bottom

Now, we are finished with the word by word and sentence by sentence analysis, and must analyze the statement from "top to bottom", that is, moving the eye across the page in a manner that helps contextualize the statement as a whole.

For example, while we went line by line, we noted that the subject introduced "my supervisor, Mr. Robert Smith." This was a complete social introduction.

Later, he was "Mr. Smith", which shorter (expected) and respectful (consistent with introduction), yet still later in the statement, he became "Smith", with no first name, nor respectful title.  We come to see in context, this is where the relationship "changed" and was "downgraded" as "Mr. Robert Smith" was smart enough to hire the subject, but later, when it came time for the raise, "Smith" did not deliver, suggesting to us a motive for theft.

Where was it "funds" and who was present when it changed into "money?"

Change of Language represents a change in reality.

Objection:  "I was taught in school to use different language to avoid sounding monotonous."

Answer:  The next time you hear someone change language, ask him or her about it.  Say, "just now, you said that your car needed repair so you had your vehicle towed.  Why did you change your language?"

It is very likely that the person will tell you that they did not even realize that they changed their language.  It happens too quickly.

Emotion has the power to change language.  "Funds" belonged to the company, but the overworked, under appreciated worker, who was not given his raise, needed "money" to pay the rent. 

You now have a great deal of information and it is here where you need to break the emotional/mental connection with the findings of the statement; that is, with your conclusions or even just the opinions.


3.  The third round is critical and should now be done with the emotional and intellectual break in connection to the statement.  This is something personal to you, and may be impacted by your time frame, your personal constitution, activity level, health, strengths and challenges, and so on.

Vital:  Intellectual and Emotional Separation from the Statement. 

This is where you must find a diversion that impacts you.  It must be something that engages the mind and the emotions.  This will break the pattern set up in your brain regarding the statement.  Once broken, it is here that you will suddenly "find" information that had been "missed" in the earlier two rounds of analysis.

You must break the emotional and intellectual connection with the statement in order to have success.  When we are 'engaged' on both the intellectual (first) and emotional level, the connection is now moving in a "straight line", which is why you miss things.  You have a scent, and are following it.  The scent has also made sense to you, and built your confidence.  This is what causes blindness to there "scents" within the statement.

You are in the position of investigating what happened within a statement.  It matters not if you are an investigator, a journalist, a therapist, or a mother, fretting over her teenager's story.  You are "on the hunt" and as predator, your "prey" is the truth.

When you discern deception, you have successfully picked up the scent and followed it to its conclusion.

Herein lies the problem:  there are other scents for you to follow but you cannot because you are "locked on" to the one pattern (scent) of the statement.

It is only once you have "cleaned the pallet" of the prey that you can now follow a "new" prey, or "new scent", or a "new track" found within the same statement.

It is important that you now note:

Yes, he has been deceptive but this is not the end.  There is to be learned:

How he did it.
Why he did it.

Sometimes we get the answers to these even before we get to the interview.  Other times, we know to focus the radar lens of questions specifically at certain hours.

I would aim my questions at his lunch hour.

And when this is finished, we must then go back and learn if there is even more information awaiting us.

Chances are very likely that there is.

Insight.

Profile.

Profiling has become a "negative" word in our language, yet we do it all the time, whether we admit it or not.  It does not have to be popular to be true.

When you walk down the proverbial alley at night and see a shadow of a man, and your heart picks up pace, sending more blood to your legs for flight, and your pupils enlarge, allowing for better night vision, and piloerection makes your hair on your neck stand up, blood moves away from your vital organs, to protect you against assault, etc; this physiological reaction is suddenly reversed when you perceive the man wearing the uniform of a police officer.  Your "profile" is that the dark uniform represents safety, even though you do not know if the man is masquerading as a police officer, or is a dangerous officer, or is someone to help you in time of danger.  Even while denying profiling, your body does it, just the same, as the brain processes information quickly. Your brain cares little for political correctness when it senses danger.

A profile of a liar becomes essential for not only investigators, but for business professionals.  They know that the liar may steal from them, ruin their reputation, file false complaints against them, and do more damage than imagined.  This profile can protect the company, even if it just means keeping a closer eye on the employee, just as this profile can help the criminal or civil investigator who now can use it in the interview process, appropriating the specifically worded questions that best elicit responses.

The small tactical information is used within an overall strategy.

The third round is where I seek to learn the personality of the subject.  I have already been through enough to know what has happened.

Q.  How long does this process take?

A.  Given the average statement of one and one-half 8.5 x 11" paper, a thorough analysis generally takes me 6 hours, excluding "breaking off" the intellectual and emotional trail.

Given the nature of "catching the liar" as prey, the stronger the emotional satisfaction from discerning deception, the greater the need for breaking the connection with the scent.  Emotion has a tendency to influence one more than intellect.

Here are some personal hints for getting oneself off the intellectual and emotional scent of a statement for the third round of analysis that I use, or that I have heard others use.  Some are written in the positive, and others are things I have tried, but not found successful.

There are two elements that must be present to successfully break you from the statement and will allow you to yield up to 40% more information in the Third Round of analysis:

The first is intellectual engagement, and the second is emotional response to the intellectual.  Where these two elements are present, you will be sufficiently "broken" from the statement and are ready for Round Three.  This might take you just an hour or two, or it could take you days.  As you look upon my suggestions, substitute anything that works for you keeping in mind the two necessary elements to successfully break the mind from its scope on the statement:  intellect and emotion.

Here are some suggestions from me and other analysts, along with some not-so-worthy ideas:

1.  Chess

Playing a chess game means putting intellectual effort into the game or tactics training.  No partner needed as online computers are free, including for solving chess puzzles.  I do 30 minutes of Tactics Training online, each day.  If you have a game or hobby that necessitates concentration, it should work for you.

Crossword puzzles, games in your phone, or something that you enjoy and challenges your mind which will engage you to the point of concentration will do the trick.  If there is an emotional element of satisfaction (or failure) coupled with the intellectual engagement, this should work fine.

By the way, there has to be studies somewhere that show that chess helps stem off the tide of aging dementia.  It is good for the brain, though some, like John Calvin, expressed concern over the addictive nature of the game. I denied this until I was seen coaching a little league game with a tiny chess book on my lap in between innings.  Chess or any similar game that uses the brain and has an ending of reward or failure will suffice.

2.  Statement Analysis of another statement.

I do use this, but only when I am overrun with requests for analysis, or  face deadlines.  It does help, however but it is not something I recommend as it can tire the brain out before facing round three.

3.  De-briefing with someone is critical for clearing the brain.  The person you debrief with should be, in the least, familiar with analysis techniques and with the case.  This person will not likely have the same emotional connection with the statement you have, and may ask you questions that you cannot answer.  This is perfect. I will cover this in a separate article in Part IV.  It is so important that it gets its own article. (this includes group analysis or group training).

4.  Reading.

Once you've gone past a certain point in analysis, you'll never hear people speak the same way again. The same is true for reading, especially something with statements or quotes.  I always keep a biography nearby and love to read about peoples' lives.  I find that any life lived is worth reading about if the writing is engaging.  I am re-reading "The Life and Letters of Robert E. Lee" (a must read) but was recently recommended to read the life of John Wayne.  Seriously.  Where do you think I get things like, "I'm not a Cath-o-lic, I'm a Presby-goddamned-terian" from? Although I am not a fan of actors in general, I respected the recommender enough to get the book and it is surprisingly interesting.  It is "John Wayne:  The Life and Legend" by Scott Eyman.

The key is to be engaged on an intellectual and emotional level by the book.  Biographies not only do the trick, but also teach us about people and how they think.  I find this not only interesting, but useful. Find something that grabs you.  With biographies, you can read them in short intervals, especially those that are predominantly chronological in nature (rather than focusing mostly on a specific period of one's life) where they begin in childhood and work their way unto death.

One summer, I spent the entire time reading almost nothing but the writings of women during the War Between the States. These were in the forms, mostly, of diaries, and were distinctly from the perspective of women and I was able to "enter into" their sufferings, deprivations and even their hopes.  I was so touched by the material that I can recall the emotional tie to suffering at will.

Although I am also "reading" Avizoam Sapir's book on Genesis, this is not so much reading as study, with blue highlighter.  It feels too closetowhat I am doing to break the connection and is tiring for my limited intellect.

I like to recommend books and receive recommendations. "Soldiers of Misfortune" was heartbreaking as I considered that some WWII American POWs never returned from Soviet Russia, or "Hunting Eichman" or "The Bedford Boys" that held my interest could be recommended.  "Devil At My Heals" will make you despise the movie. Reading Stephen King is beneath me but man, didn't "Salem's Lot" scare me, that is, if I ever read actually read it.

Find a book that is not only intellectually challenging, but one that impacts you emotionally.  If you have never read Shakespeare, but want to sound smart, try reading it.  It will force you to move slowly (unless you're used to the KJV Bible's language) which is helpful.  I have found this even with Charles Dickens or the likes of Joseph Conrad.  These can't be read while texting and driving.  Going slowly through "As You Like It" may surprise you while broadening you at the same time. I also like to find works that I thoroughly disagree with, every so often, to keep my mind open.

My night time reading is the 'news clippings' of Ernie Pile, compilation in a book, which is so fascinating, as he wrote for Stars and Stripes and for syndication, of what the average "GI Joe" went through.  I am currently in North Africa in my journey.  It does not require concentration that is tiring, but it is enjoyable and may suffice. White washed?  Yes, but even the need for censorship speaks volumes.

Speaking of volumes, reading Winston Churchill, even in paperback, is an experience not to be missed.  "War and Remembrance" by Wouk is almost identical to the 80's TV series (War and Remembrance, the second go round, not the first).

I may even break down and get a Kindle one day.

5.  What about exercising?

Exercise:  exercise is always good for the brain, but I do not find that it engages my mind enough to break the connection with the statement unless I exercise with someone else with whom I enjoy conversation.  Exercise is essential to the analyst simply because exercise is essential for overall health.  Unless the exercise has a heavy level of concentration, it may not be enough to break the connection, however.  I walk every day, and go into my basement, pick up heavy things and put them down again, but it is not useful in breaking the connection.

Yet, if I walk with Heather or the kids, the conversation during the walk, does the job of disengaging me from the statement.

Of course, having to conduct other interviews, depending upon your job requirements, will usually be enough to break the connection for you.

It is something personal that each of us has to discover.  One analyst makes himself a drink, and listens to music.  I do not find that this is helpful as it causes me to actually concentrate, in a relaxed manner, more so on the statement.

You know yourself best and know what engages you.  The key is the engagement must be of an element that touches you emotionally.  This is the change needed to cause you to have fresh eyes over a statement.

The subject has a sense of entitlement and resentment towards his co worker.  He does not feel appreciated at this job and would not "steal" but might be willing to "settle the score" with the company and getting that raise he felt was promised to him.

6a.  What about television?

It's difficult to recommend television because it is a passive activity. If it helps, all the better, but it should be something that has a dialog that is challenging.  This precludes most Hollywood movies, post 1939, sayeth the movie snob.

You need writing that is challenging to cause you to think, coupled with the emotional impact.  Recently, Christina watched "Pride and Prejudice" with Greer Garson loading up on insult after insult, delivered with a beautiful smile, amongst a solid vocabulary and diction.  Clever is not fashionable, but if you can find something that warrants your concentration and has an emotional impact, fulfilling these two elements will cause a break with the statement.  Obviously, I am in love with Alice White, circa, 1932, but who isn't?  I do find that some stations have interviews, which I love to practice analysis on the fly with, and the former "Military Channel" is interesting.  I like "NatGeo Wild" shows with lions and tigers and those big brown killers that contort their faces when they are about to attack someone.

6b.  Snacking?

Don't even think about it.  Ben and Jerry's has a secret, highly addictive ingredient that will have you talking the language of denial within 3 weeks.  Just say "no" to snacking for a diversion.

7.  Hobbies.

Anything that challenges the brain and has consequences (positive or negative) will work.
If you like to work on cars, go out and change the oil  or give it a tune up or wash it.  If it takes concentration, and it comes out looking nice, it will fulfill the two elements' needs.  Even if this is 30 minutes, it may be enough to break the "prey" connection you had with the statement.

Use this as a guilt free excuse to do something for yourself, telling yourself (and anyone else who needs to hear this) that it is educational and is demanded by me.  If they don't like it, they can send me an angry email.  I promise that I am certain that I will not skip over reading it.

The key is to disengage yourself from the "scent" you followed on the statement, so that when you return to the statement, you will not be locked into the one scent because another awaits you.

As referenced in an earlier section, I revised the 911 call of Chief William McCollum and concluded the "anger" within the statement.  Reviewing the statement and the analysis itself, presupposing "anger" as an emotion (in a fifth or sixth round of analysis) to see if it fits.

It fits better than OJ's blood shrunk leather glove.

The extreme distancing language where he called 911 for his wife who was dying before his eyes, where he avoided using her name, and the word "wife" was distancing, not just for the sake of guilt, but because he burned in anger towards her, thus, the unemotional demeanor that supporters like to attribute to professionalism is anything but.  As a professional law enforcement official, he is unable to use the single most expected word when it comes to the gun that shot Maggie McCollum:  the word "my."

Once trained, if the law enforcement official, even once, feels comforted in a dangerous situation by the wearing of his weapon, he is emotionally connected to it.  It is "my" gun, or "my" weapon" or "my" service revolver, or whatever noun is used:  it is "mine" and not someone else's.

Next, when you consider the subject not only took weapons safety training but was certified in it to instruct others, the lack of the possessive pronoun "my" becomes even more important to us.

The absence of the word "my" in relation to the gun that shot Maggie McCollum is to distance himself from the one thing no police officer wants to be distanced from:  his gun.

Combined with the inability to even say his wife's name once, or use the word "wife" but once, is taken with the missing "my" in association with her ("my wife") and the missing possession of the weapon ("my gun went off...") must be understood from his perspective.

"You're the chief of police?"

"Unfortunately."

Unfortunate was the woman bleeding to death next to him.

For me, in conducting trainings with law enforcement and helping law enforcement investigators, I did not want to believe he shot his wife in anger.  This was my bias.  I faced this bias, within myself, in my analysis of the Ferguson shooting.  I did not want to believe he ordered some kid to surrender, waiting until his arms were up, and then fired because of the kid's skin tone.  Yet, I had to do one round of analysis with this premise.

It did not fit.

The Ferguson shooting was not racial, nor was it inappropriate.  A violent death was going to come to one or the other, due to the actions of the young man who was lawless.  "Hands up" fits Al Sharpton, but it does not fit the truth.

Maggie McCollum was shot in anger and the deception in the statement is not only the emotions in the statement, but in specifically concealed information on why the gun was in his bed, in the first place.

This three round analysis teaching is time consuming.  In some statements, I will revisit them more than just three times, especially when time passes.

Jonbenet Ramsey case.

There is one mystery there that I did not solve, but was solved for me.

My bias was that this nice religious family would not have sexual abuse and death found in its midst, but the language showed otherwise.

There was deception in the language of both parents; not just one.
There was deception in the ransom note, which attempted to persuade, rather than seek money.
There was indications of sexual abuse in the language of John Ramsey.
There was the reliable denial, delivered not in the free editing process, but in a prepared statement, after analysis had gone public.
There was polygraph shopping, and a bunch of failed polygraphs until they found one who, for the right price, would not only pass them, but would agree to not reveal a single question asked.

The one thing missed in that case was Alex Hunter.

I noted passivity in his statement about the Grand Jury finishing their work.

Passivity conceals.

I did not know what was concealed, nor why he used passivity in his sentence about the Grand Jury finishing their work.  The norm was to sign the indictment and then, if he did not want to try the case, to move to dismiss in court, showing cause.  He cleverly circumvented this protocol.  I have long wondered if he was advised to do so by the Ramsey attorneys.  Legal pundits said that this would have been a more "transparent" and "responsible" action, but Hunter was sneaky.

I, like most everyone else, did not learn this until very recently, when it finally reached the media that the Grand Jury had, in deed, indicted John and Patsy Ramsey in the death of Jonbenet.

The concealment, or suppression of information then became known:

Alex Hunter, fearing having to go up against the high priced attorneys he longed to rub shoulders with, refused to sign the indictment.

The Grand Jury heard the evidence, asked questions, and voted to indict John and Patsy Ramsey in the child abuse death of their daughter.

There were going to to to trial in Jonbenet's death.  Hunter left the investigation "open" which implied that it was ongoing, but it wasn't.

A simple signature was all that was needed to begin the legal process that our country is so proud of, placing the burden of proof upon the government, and the legal presumption of innocence upon the accused.

The police had worked long and hard on the case.  They worked while the DA's office hired their own investigators, leaked out information to the tabloids, and huddled with the Ramsey attorneys.  The police worked a fight with one arm tied behind their backs but they won, just the same, an indictment against the Ramseys who worked hard at not cooperating with police, while diligently pressing their publicity machine in high gear.

The final insult to the men and women investigators who worked so hard on behalf of that murdered little girl was just a signature.

A signature that was withheld.  Here is his statement.  Like most deception, it is the missing information that is intended to deceive.

"The Boulder grand jury has completed its work and will not return.  I, and my prosecution task force, believe we do not have sufficient evidence to warrant the filing of charges against anyone who has been investigated at this time."

This was a deceptive statement via what Hunter left out:  "they finished their work, indicted the parents, but I refused to sign the indictment..."

The public sided with police, and lawyers chided Hunter for his deception.

He could have signed and let his team handle it.  They were to represent the police in court and police knew there was no sadistic killer running the streets of Boulder.  He could have given it his best shot but given the nature of the relationship between him and the tabloid, and between him and the Ramsey attorneys, it was all but doomed.

There was in this case,  child abuse, and a death that was not likely intentional.  There was the creepy sexualized outfits and the numerous urinary tract infections and bed wetting.
There was the language of sexual abuse.

And hence...

"And hence" is not correct English.  We may write, "And", or we may write "Hence", but together, it is redundant.

It was in the ransom note from the "small foreign faction" and it was in a Christmas card handwritten by Patsy Ramsey.  Hence, my reference.

I have revisited the 911 call and each time I have, I have lengthened my analysis.  These breaks are natural, and often long, measuring time in months, where there is no connection to the statement.  Each year I review the analysis of the case and feel "closer" to understanding what happened that fateful night that the little girl wet the bed again, and demanded to be fed pineapple, where, I believe, the accidental death took place, and the staging of "garroting" and crime scene took place, with two novel like ransom notes with the help of one who had read John Douglas' book, and who had watched movies not shown on Turner Classics and heard, "Don't try to grow a brain, John" cliche ridden lines.

A statement requiring thorough analysis should be gone over at least three times.

The first:  presume the subject did not do it, and is telling the truth.
The second:  you found indicators of deception, so presume deception but consider that the subject is truthful, but did it, and simply left out that he did it.
The third:  Break your connection of concentration to the statement so you can go on a fresh, clean hunt.

Use your conclusion of deception indicated or veracity indicated and let the subject speak to you.  Let him introduce himself and tell you all about himself.  Sit back and listen to him.  No more presumptive thinking.

Lastly, be not afraid to have others check your work.  Even to the untrained eye, your conclusions should be able to be understood.

I give about 6 hours total work to a statement, overall.  It might be fun or exciting to do in 15 minutes, but there will be misses.

Next up:  Debriefing and Missed Analysis.

Tuesday, 10 February 2015

Brian Williams Suspended From NBC for 6 Months.

NBC has suspended Brian Williams for 6 months for "misrepresenting."  The word "lie" is not one easily used.

Please consider that in the past decade since first floating the lie and then repeating it, without the ability to keep the story straight due to it not originating from experiential language. NBC workers who were with Williams have remained silent.  It is very difficult to believe that they all remained silent, independent of one another, as Williams told and retold his lie.

This is the statement from NBC.  It is very likely that many more lies were told by Williams with the same common theme of him being a hero, survivor, brave man, and so on. Each statement seems to show not only a hero status, but the "front and center" of each story.  He finds a way to present himself, as central to a story, even when it appears the story is to praise another.  This is a narcissist who cannot help but favor himself above all others.  Even his apology sought to vaunt his own status.

Question:  Did NBC know and approve, via protection, of his lies?

This is an internal memo to NBC employees.

"All, 

We have decided today to suspend Brian Williams as Managing Editor and Anchor of NBC Nightly News for six months. The suspension will be without pay and is effective immediately. We let Brian know of our decision earlier today. Lester Holt will continue to substitute Anchor the NBC Nightly News. 

Our review, which is being led by Richard Esposito working closely with NBCUniversal General Counsel Kim Harris, is ongoing, but I think it is important to take you through our thought process in coming to this decision.  

While on Nightly News on Friday, January 30, 2015, Brian misrepresented events which occurred while he was covering the Iraq War in 2003. It then became clear that on other occasions Brian had done the same while telling that story in other venues. This was wrong and completely inappropriate for someone in Brian’s position. 

Note:  


a.  "misrepresented" instead of "lied

b.  "then" shows a passage of time which may be unnecessary.  How would NBC not know of exactly what happened in 2003 since a NBC crew was with him?  
c.  This was "wrong" is not necessary to say, but it is then that we have not only "inappropriate" but "completely" inappropriate specifically for "someone in Brian's position."  Is this to say that it is not "completely inappropriate" for someone who does not hold Brian's position?  Did this NBC executive know?
Did NBC protect the lies?

In addition, we have concerns about comments that occurred outside NBC News while Brian was talking about his experiences in the field. 


Note that the "experiences in the field" are not identified.  

As Managing Editor and Anchor of Nightly News, Brian has a responsibility to be truthful and to uphold the high standards of the news division at all times. 


Note that "truthful" is strong by itself, yet added is to "uphold the high standards of the news division" is specified for "all times."  Why would this be necessary to add "at all times"?  Would there be a time that "upholding" not be a responsibility?


Steve Burke, Pat Fili and I came to this decision together


when the word "together" is used when it is not necessary, it is an indication that there was a lack of togetherness at some point.  By using the names, the subject could have written,

"Steve Burk, Pat Fili and I made this decision", instead "came" is used, along with "together", indicating dissent.  

We felt it would have been wrong to disregard the good work Brian has done and the special relationship he has forged with our viewers over 22 years. Millions of Americans have turned to him every day, and he has been an important and well-respected part of our organization. 

Before, it was "wrong" but here, they only "felt" it would have been wrong to disregard the good work...

As I’m sure you understand, this was a very hard decision. Certainly there will be those who disagree. But we believe this suspension is the appropriate and proportionate action. 


"I'm sure you understand" is the same as "of course" where one wants something accepted without question.  Yet there are many questions regarding the responsibility to broadcast news truthfully, which has not been done. 

This has been a difficult time. But NBC News is bigger than this moment. You work so hard and dedicate yourselves each and every day to the important work of bringing trusted, credible news to our audience. 

Note the news is to be "trusted, credible" rather than "bringing the news", presupposing truth. 


Because of you, your loyalty, your dedication, NBC News is an organization we can – and should - all be proud of. We will get through this together. 


The unnecessary word "all" is added which reveals that it is very likely that employees have made their opinions heard, specifically about being proud of being NBC employees.  

Steve Burke asked me to share the following message. 

“This has been a painful period for all concerned and we appreciate your patience while we gathered the available facts. 


The past tense, "we gathered" is different than the above ongoing investigation.  


By his actions, Brian has jeopardized the trust millions of Americans place in NBC News. 


note "jeopardized" and not "broken"


What are NBC intentions?  He is not terminated and there is an expectation of his return: 


His actions are inexcusable and this suspension is severe and appropriate. Brian’s life’s work is delivering the news. I know Brian loves his country, NBC News and his colleagues. He deserves a second chance and we are rooting for him. Brian has shared his deep remorse with me and he is committed to winning back everyone’s trust.” 



Deborah 

Quiz: Jon Stewart Leaves The Daily Show

Although not a show I am familiar with, I saw the network president's statement.  Statement Analysis teaches that our statements contain our linguistic finger prints.

What do you learn from this statement?  Post your findings in the comments section.
Follow principle.
"He who asserts, must prove" helps limit the propagation of ignorance.

It is short, but does it tell you anything about the writer, her relationship to Jon Stewart, the network, the show, etc?

Michelle Ganeless released the following:

“For the better part of the last two decades, I have had the incredible honor and privilege of working with Jon Stewart. His comedic brilliance is second to none. Jon has been at the heart of Comedy Central, championing and nurturing the best talent in the industry, in front of and behind the camera. Through his unique voice and vision, The Daily Show has become a cultural touchstone for millions of fans and an unparalleled platform for political comedy that will endure for years to come. He is a comic genius, generous with his time and talent, and will always be a part of the Comedy Central family.”

Rob Freyer: A Prosecutors' Courage

Frequently, law enforcement and private citizens find themselves at odds with prosecutors who refuse to take a case to trial for a variety of reasons.  

An "assistant district attorney" is an important sounding name and it is an important role in society.  A lawyer passes the bar examination after the grueling ordeal of law school and now, young and inexperienced, takes a state job.  It is not glamorous, nor does it pay like the private sector.  There are, at times, an overload of small cases that require adjudication and not enough ADAs to complete the work.  

It is often thankless work, as well.  The prosecutors' office hires young lawyers out of school and thus begins the process of learning.  

He then is given cases in which he must decide to:

a.  take to trial
b.  seek a plea bargain
c.  refuse to prosecute

This young attorney begins his career with a record of 0-0, that is, no wins, no losses.  For some, plea bargains are counted as wins, while some observers would prefer to count them as draws.  

If the young prosecutor begins to amass a strong record, in just a few years, he will be offered a position in the private sector where his salary will double, triple, or more, quite quickly. 

 The money to be made in the private sector drains off the talent from the district attorney's office.  Sometimes those "left behind" lack talent, or courage, yet other times, they willingly stay behind as a strong commitment to justice drives them.  

For all district attorneys (assistant, and for assistant attorney generals) there is an element of self interest.  

No one likes to lose. 

Some prosecutors will buckle at the knees when a story hits the media because they know it will draw in high priced, powerful and influential attorneys who will take the case "pro bono", that is, for "free", and seek to profit off the publicity. 

This will drive investigators into depression.  They have worked long and hard on a case, and want to see the fruit of their labors, only to have prosecutors tell them, "we need more evidence", causing them to suspect that the prosecutors involved, fear a private attorney.  It may be true, or it may be that the prosecutors do not feel they can "win" the case due to the need for more evidence. 

This appeared to be the case of Baby Lisa.  

Deborah Bradley tripped, stumbled and fell over her own story of 'kidnapping' and had obviously caused her daughter's death and was lying about what happened.  The case appeared close to arrest when New York famed attorney, Joe Tacopina, arrived, "pro bono", and 'shut the case down.'

Tacopina, recently, showed his dissatisfaction with the end of publicity when he either deceived Fox News, or they collaborated with him, to create a false "buzz" and have a program now dedicated to "showing" that Deborah Bradley was truthful about the kidnapping.  She was not. 

They brought on a hireling who was billed as the "nation's top lie detector" who's own language showed:  he did not believe what he, himself, was asserting.  That is, "deception indicated" in the analysis. Philip Houston embarrassed himself on national news, but he did get the one hour program, which then can be used to advertise his services.  

Yet, the team got more national exposure and Fox News appeared foolish.  

Baby Lisa remains unburied and Deborah Bradley remains free. 

In the case of Hailey Dunn, 13 year old murder victim,  a local connected 'hot shot' attorney, replete with his own record of death, drugs and weapons, made a lot of noise and in spite of an abundance of child pornography and bestiality, which would have served some justice for Hailey, seemed to shut the case down.  Originally, investigators were told, "we need the body" but once that was found (it was only a matter of time), still no arrests of Shawn Adkins and Hailey's mother, Billie Jean Dunn. 

We still do not know why no arrests have been effected.  

These things frustrate the public, but more so the investigators who work long hours, sometimes well beyond the pay limit with no overtime remuneration, to solve the case, do so, only to find that their work is packaged in folders, and put on a shelf in a closet.  No where was the frustration more explosive than when Alex Hunter, elected DA, refused to follow the ruling of the Grand Jury, and sign the child abuse death indictment against John and Patsy Ramsey.  He would have faced a team of attorneys from Atlanta that he was in awe of.  Law Enforcement Careers ended because of his cowardice and his collusion with the defense attorneys.  

There is one man who should be honored today, however, in the role of prosecutor, for having the courage to go forward in a sickening case. 

Montgomery County Assistant District Attorney, Rob Freyer. 

"When you do something like this in Montgomery County, Texas, and we can prove it, there will be consequences for your actions,"  Rob Freyer said.

What did someone do?

A 13 year old teenager kidnapped an 8 year old boy, tied him to a tree, doused him in gasoline, and set him on fire. 

The little boy, Robert Middleton,  survived the attack and identified his attacker as 13 year old Don Collins. 

Prosecutors declined to charge Collins on what they said was "a lack of evidence."  We later learn that other kids, upon maturing, came forward to report what Collins had done to them, as well.  

The story does not end there.  For the next 13 years, the little boy, who had burns over 99% of his body, and was severely disfigured, underwent more than 150 surgeries.  He finally died from skin cancer, as a result of the burning, in 2011.  
But on this deathbed, the courageous young man finally gave a motive as to why Collins had done this horrific thing to him:  Collins had raped him several times and feared that the little boy was going to tell, so to silence him, he attempted to kill him, via painful fire, instead, sentencing him to death, over a period of 13 excruciating years, until finally he could fight no more. 

Listen to this quote from one prosecutor:  "It makes me sick to look at him.  Collins is a sick, disgusting, vile human being."
Note the need to include that a human is a "human being", which, in Statement Analysis, is "unnecessary information" which is then deemed "doubly important" in analysis. 

Sheriff's investigators arrested Collins for the crime in 1998, and he spent six months in the Montgomery County Juvenile Detention Center. Prosecutors suspended proceedings while Middleton recovered, then dropped charges in 2000. The case languished until the Middletons won their civil suit against him, which culminated in a symbolic $150 billion verdict that brought new evidence to light.
Montgomery County Attorney J.D. Lambright brought new charges against Collins and sought a ruling from District Judge Kathleen Hamilton that he be tried as an adult. In 1998, juveniles 14 and older could be tried as adults. A change in state law lowered the age to 10, though prosecutors agreed that the maximum penalty would reflect his juvenile status at the time of the crime.
Prosecutors argued that Collins, now 29, burned Middleton to prevent him from telling anyone that Collins had sexually assaulted him two weeks earlier. Robbie did not disclose the previous assault to parents or law enforcement until giving a deposition shortly before his death.  This is the silent "shame" that victims so often carry, which poisons their bodies and their minds.  Robbie also said Collins had repeatedly assaulted a cousin, too. 

Prosectors had to deal with frustrating "technicalities" such as the tossing out of statements made by the killer in which the room the statements were made, was not yet "approved" by the Texas Juvenile Justice Department Board.  It was approved after.  This in spite of the judge ruling that investigators did not violate Collins' rights in the interview.  There was much to overcome.  


During the trial Freyer said, 


"Let's face it, in the years I've been doing this, I've seen pretty much everything. These officers have seen just about everything, but obviously, it's very very tough to look at somebody who was so badly burned,” 
Take a look at Robbie's photos, before and after the assault.  It is sickening.  
Here we have a prosecutor's office where justice and courage trump self interest. 
Montgomery County Chief Prosecutor Rob Freyer followed Bond with an impassioned plea to jurors that they convict Collins.
Later, Freyer walked over to the defense table and glared at Collins, prompting Bond to jump out of his seat and ask Hamilton to order Freyer away from his client. When the judge declined, Freyer walked behind the defense table and stood inches away from Collins, who turned in his chair to face Freyer and looked up at him.
Bond again objected and the judge ordered Freyer to remain in front of the table.
"Today that little boy gets to hit back," Freyer said, referring to Middleton. Pointing at Collins, he said, "Today is the day that you pay."
It is difficult to reman seated reading these quotes while I want to stand and cheer.  

Three cheers for Rob Freyer and his team.  

We often see lawyers at the wrong end of jokes, and just as often, with deceptive quotes.  The attorneys I have been privileged to train in Statement Analysis have been those of honor and respect.  Though most trainees are in law enforcement, business, social services, etc, attorneys who receive this training can, just like anyone else, get to the truth of the matter.  One client uses the analysis to strategize for court, as analysis points the laser of questioning in the most sensitive of areas. These are dedicated professionals who want the truth and get it. 

Rob Freyer, no doubt, had a lengthy battle on his hands.  Not only had he prove his case (the Jury took four hours to find Collins guilty) but he had to overcome the defense, technicalities, and, as you read the description of him in court:  his own righteous indignation.  

The bully did not get away with it; thanks to Rob Freyer.  

Join me in congratulating Rob Freyer and the courageous team from Montgomery County, Texas, in seeking and finding justice for a little boy who cannot speak for himself.  



Transcript of Bob Dylan's Speech


Bob Dylan

There are a few people we need to thank tonight for bringing about this grand event. Neil Portnow, Dana Tamarkin, Rob Light, Brian Greenbaum, Don Was. And I also want to thank President Carter for coming. It's been a long night, and I don’t want to talk too much, but I’ll say a few things.
I'm glad for my songs to be honored like this. But you know, they didn't get here by themselves. It's been a long road and it's taken a lot of doing. These songs of mine, I think of as mystery plays, the kind that Shakespeare saw when he was growing up. I think you could trace what I do back that far. They were on the fringes then, and I think they're on the fringes now. And they sound like they've been traveling on hard ground.
I need to mention a few people along the way who brought this about. I know I should mention John Hammond, the great talent scout, who way back when brought me to Columbia Records. He signed me to that label when I was nobody. It took a lot of faith to do that, and he took a lot of ridicule, but he was his own man and he was courageous. And for that, I'm eternally grateful. The last person he discovered before me was Aretha Franklin, and before that Count Basie, Billie Holiday and a whole lot of other artists. All non-commercial artists. Trends did not interest John, and I was very noncommercial but he stayed with me. He believed in my talent and that's all that mattered. I can't thank him enough for that.
Lou Levy ran Leeds Music, and they published my earliest songs, but I didn't stay there too long. Levy himself, he went back a long ways. He signed me to that company and recorded my songs and I sang them into a tape recorder. He told me outright: there was no precedent for what I was doing, that I was either before my time or behind it. And if I brought him a song like "Stardust," he'd turn it down because it would be too late. He told me that if I was before my time – and he didn't really know that for sure – but if it was happening and if it was true, the public would usually take three to five years to catch up – so be prepared. And that did happen. The trouble was, when the public did catch up I was already three to five years beyond that, so it kind of complicated it. But he was encouraging, and he didn't judge me, and I'll always remember him for that.

Artie Mogull at Witmark Music signed me next to his company, and he told me to just keep writing songs no matter what, that I might be on to something. Well, he too stood behind me, and he could never wait to see what I'd give him next. I didn't even think of myself as a songwriter before then. I'll always be grateful for him also for that attitude.

I also have to mention some of the early artists who recorded my songs very, very early, without having to be asked. Just something they felt about them that was right for them. I've got to say thank you to Peter, Paul and Mary, who I knew all separately before they ever became a group. I didn't even think of myself as writing songs for others to sing but it was starting to happen and it couldn't have happened to, or with, a better group. They took a song of mine that had been recorded before that was buried on one of my records and turned it into a hit song. Not the way I would have done it – they straightened it out. But since then, hundreds of people have recorded it and I don't think that would have happened if it wasn't for them. They definitely started something for me.
The Byrds, the Turtles, Sonny & Cher – they made some of my songs Top 10 hits but I wasn't a pop songwriter and I really didn't want to be that, but it was good that it happened. Their versions of my songs were like commercials, but I didn't really mind that, because 50 years later, my songs were being used in the commercials. So that was good too. I was glad it happened, and I was glad they'd done it.
Pervis Staples and the Staple Singers – long before they were on Stax they were on Epic and they were one of my favorite groups of all time. I met them all in '62 or '63. They heard my songs live and Pervis wanted to record three or four of them and he did with the Staples Singers. They were the type of artists that I wanted recording my songs, if anybody was going to do it.

Nina Simone. I used to cross paths with her in New York City in the Village Gate nightclub. She was an artist I definitely looked up to. She recorded some of my songs that she learned directly from me, sitting in a dressing room. She was an overwhelming artist, piano player and singer. Very strong woman, very outspoken and dynamite to see perform. That she was recording my songs validated everything that I was about. Nina was the kind of artist that I loved and admired.

Oh, and can't forget Jimi Hendrix. I actually saw Jimi Hendrix perform when he was in a band called Jimmy James and the Blue Flames – something like that. And Jimi didn't even sing. He was just the guitar player. After he became famous, he took some small songs of mine that nobody paid any attention to and pumped them up into the outer limits of the stratosphere and turned them all into classics. I have to thank Jimi, too. I wish he was here.

Johnny Cash recorded some of my songs early on, too, I met him in about '63, when he was all skin and bones. He traveled long. He traveled hard. But he was a hero of mine. I heard many of his songs growing up. I knew them better than I knew my own. "Big River," "I Walk the Line." "How High’s The Water, Mama?" I wrote "It's Alright Ma (I'm Only Bleeding)" with that song reverberating inside my head. I still ask, "How high is the water, mama?"

Johnny was an intense character. And he saw that people were putting me down playing electric music, and he posted letters to magazines scolding people, telling them to shut up and let him sing. In Johnny Cash's world – hardcore Southern drama – that kind of thing didn't exist. Nobody told anybody what to sing or do. They just didn't do that kind of thing where he came from. I'm always going to thank him for that. Johnny Cash was a giant of a man; the Man in Black. And I'll always cherish the friendship we had until the day there is no more days.

Oh, and I'd be remiss if I didn't mention Joan Baez. She was the queen of folk music then and now. She took a liking to my songs and brought me with her to play concerts, where she had crowds of thousands of people enthralled with her beauty and voice. People would say, "What are you doing with that ragtag scrubby-looking waif?" And she'd tell everybody in no uncertain terms, "Now you better be quiet and listen to the songs." We even played a few of them together. Joan Baez is as tough-minded as they come. Loyal, free minded and fiercely independent. Nobody can tell her what to do if she doesn't want to do it. I learned a lot of things from her. A woman of devastating honesty. And for her kind of love and devotion, I could never pay that back.

These songs didn't come out of thin air. I didn't just make them up out of whole cloth. Contrary to what Lou Levy said, there was a precedent. It all came out of traditional music: traditional folk music, traditional rock & roll and traditional big-band swing orchestra music.

I learned lyrics and how to write them from listening to folk songs. And I played them, and I met other people that played them, back when nobody was doing it. Sang nothing but these folk songs, and they gave me the code for everything that's fair game, that everything belongs to everyone. For three or four years, all I listened to were folk standards. I went to sleep singing folk songs. I sang them everywhere, clubs, parties, bars, coffeehouses, fields, festivals. And I met other singers along the way who did the same thing and we just learned songs from each other. I could learn one song and sing it next in an hour if I'd heard it just once.

If you sang "John Henry" as many times as me – "John Henry was a steel-driving man / Died with a hammer in his hand / John Henry said a man ain't nothin' but a man / Before I let that steam drill drive me down / I'll die with that hammer in my hand." If you had sung that song as many times as I did, you'd have written "How many roads must a man walk down?" too.

Big Bill Broonzy had a song called "Key to the Highway." "I've got a key to the highway / I'm booked and I'm bound to go / Gonna leave here runnin' because walking is most too slow." I sang that a lot. If you sing that a lot, you just might write,

Georgia Sam he had a bloody nose
Welfare Department they wouldn’t give him no clothes
He asked poor Howard where can I go
Howard said there’s only one place I know
Sam said tell me quick man I got to run
Howard just pointed with his gun
And said that way down on Highway 61
You'd have written that too if you'd sang "Key to the Highway" as much as me.

"Ain't no use sit 'n cry / You'll be an angel by and by / Sail away, ladies, sail away." "I'm sailing away my own true love." "Boots of Spanish Leather" – Sheryl Crow just sung that.

"Roll the cotton down, aw, yeah, roll the cotton down / Ten dollars a day is a white man's pay / Roll the cotton down/A dollar a day is the black man's pay / Roll the cotton down." If you sang that song as many times as me, you'd be writing "I ain't gonna work on Maggie's farm no more," too. If you’d had listened to the Robert Johnston singing, "Better come in my kitchen, 'cause it's gonna be raining out doors," as many time as I listened to it, sometime later you just might write, "A Hard Rain's a-Gonna Fall."
I sang a lot of "come all you" songs. There's plenty of them. There's way too many to be counted. "Come along boys and listen to my tale / Tell you of my troubles on the old Chisholm Trail." Or, "Come all ye good people, listen while I tell / the fate of Floyd Collins, a lad we all know well.”

"Come all ye fair and tender ladies / Take warning how you court your men / They're like a star on a summer morning / They first appear and then they're gone again." And then there’s this one, "Gather 'round, people / A story I will tell / 'Bout Pretty Boy Floyd, the outlaw / Oklahoma knew him well."

If you sung all these "come all ye" songs all the time like I did, you'd be writing, "Come gather 'round people where ever you roam, admit that the waters around you have grown / Accept that soon you'll be drenched to the bone / If your time to you is worth saving / And you better start swimming or you'll sink like a stone / The times they are a-changing."
You'd have written that too. There's nothing secret about it. You just do it subliminally and unconsciously, because that's all enough, and that's all you know. That was all that was dear to me. They were the only kinds of songs that made sense. "When you go down to Deep Ellum keep your money in your socks / Women on Deep Ellum put you on the rocks." Sing that song for a while and you just might come up with, "When you're lost in the rain in Juarez and it's Easter time too / And your gravity’s down and negativity don't pull you through / Don’t put on any airs / When you’re down on Rue Morgue Avenue / They got some hungry women there / And they really make a mess outta you."

All these songs are connected. Don't be fooled. I just opened up a different door in a different kind of way. It's just different, saying the same thing. I didn't think it was anything out of the ordinary. Well you know, I just thought I was doing something natural, but right from the start, my songs were divisive for some reason. They divided people. I never knew why. Some got angered, others loved them. Didn't know why my songs had detractors and supporters. A strange environment to have to throw your songs into, but I did it anyway.

Last thing I thought of was who cared about what song I was writing. I was just writing them. I didn't think I was doing anything different. I thought I was just extending the line. Maybe a little bit unruly, but I was just elaborating on situations. Maybe hard to pin down, but so what? A lot of people are hard to pin down and you’ve just got to bear it. In a sense everything evened itself out.

Leiber and Stoller didn’t think much of my songs. They didn't like 'em, but Doc Pomus did. That was all right that they didn't like 'em, because I never liked their songs either. "Yakety yak, don't talk back." "Charlie Brown is a clown," "Baby I'm a hog for you." Novelty songs, not serious. Doc's songs, they were better. "This Magic Moment." "Lonely Avenue." “Save the Last Dance for Me.” Those songs broke my heart. I figured I'd rather have his blessings any day than theirs.

Ahmet Ertegun didn't think much of my songs, but Sam Phillips did. Ahmet founded Atlantic Records. He produced some great records: Ray Charles, Ruth Brown, LaVerne Baker, just to name a few. There were some great records in there, no doubt about it. But Sam Phillips, he recorded Elvis and Jerry Lee, Carl Perkins and Johnny Cash.
Radical artists that shook the very essence of humanity. Revolutionaries with vision and foresight. Fearless and sensitive at the same time. Revolution in style and scope. Radical to the bone. Songs that cut you to the bone. Renegades in all degrees, doing songs that would never decay, and still resound to this day. Oh, yeah, I'd rather have Sam Phillips' blessing any day.
Merle Haggard didn't think much of my songs, but Buck Owens did, and Buck even recorded some of my early songs. Now I admire Merle – "Mama Tried," "Tonight The Bottle Let Me Down," "I'm a Lonesome Fugitive." 

I understand all that but I can't imagine Waylon Jennings singing "The Bottle Let Me Down." I love Merle but he’s not Buck. Buck Owens wrote "Together Again" and that song trumps anything that ever came out of Bakersfield. Buck Owens and Merle Haggard? If you have to have somebody's blessing – you figure it out. What I’m saying here is that my songs seem to divide people. Even people in the music community.
People in the critical world too. Critics have always been on my tail since day one. Seems like they’ve always given me special treatment. Some of the music critics say I can't sing. I croak. Sound like a frog. Why don't these same critics say similar things about Tom Waits? They say my voice is shot. That I have no voice. Why don't they say those things about Leonard Cohen? Why do I get special treatment? Critics say I can't carry a tune and I talk my way through a song. Really? I've never heard that said about Lou Reed. Why does he get to go scot-free? What have I done to deserve this special treatment? Why me, Lord?

No vocal range? When's the last time you've read that about Dr. John? You've never read that about Dr John. Why don't they say that about him? Slur my words, got no diction. You have to wonder if these critics have ever heard Charley Patton or Son House or Wolf. Talk about slurred words and no diction. Why don’t they say those same things about them?
"Why me, Lord?"

Critics say I mangle my melodies, render my songs unrecognizable. Oh, really? Let me tell you something. I was at a boxing match a few years ago seeing Floyd Mayweather fight a Puerto Rican guy. And the Puerto Rican national anthem, somebody sang it and it was beautiful. It was heartfelt and it was moving. After that it was time for our national anthem. And a very popular soul-singing sister was chosen to sing. She sang every note that exists, and some that don't exist. Talk about mangling a melody. You take a one-syllable word and make it last for 15 minutes? She was doing vocal gymnastics like she was a trapeze act. But to me it was not funny.
Where were the critics? Mangling lyrics? Mangling a melody? Mangling a treasured song? No, I get the blame. But I don't really think I do that. I just think critics say I do.

Sam Cooke said this when told he had a beautiful voice: He said, "Well that's very kind of you, but voices ought not to be measured by how pretty they are. Instead they matter only if they convince you that they are telling the truth." Think about that the next time you are listening to a singer.

Times always change. They really do. And you have to always be ready for something that's coming along and you never expected it. Way back when, I was in Nashville making some records and I read this article, a Tom T. Hall interview. Tom T. Hall, he was bitching about some kind of new song, and he couldn't understand what these new kinds of songs that were coming in were about.
Now Tom, he was one of the most preeminent songwriters of the time in Nashville. A lot of people were recording his songs and he himself even did it. But he was all in a fuss about James Taylor, a song James had called "Country Road." Tom was going off in this interview — "But James don't say nothing about a country road. He's just says how you can feel it on the country road. I don't understand that." Now some might say Tom is a great songwriter. I'm not going to doubt that. At the time he was doing this interview, I was actually listening to a song of his on the radio.

It was called "I Love." I was listening to it in a recording studio, and he was talking about all the things he loves, an everyman kind of song, trying to connect with people. Trying to make you think that he's just like you and you're just like him. We all love the same things, and we're all in this together. Tom loves little baby ducks, slow-moving trains and rain. He loves old pickup trucks and little country streams. Sleep without dreams. Bourbon in a glass. Coffee in a cup. Tomatoes on the vine, and onions.
Now listen, I'm not ever going to disparage another songwriter. I'm not going to do that. I'm not saying it's a bad song. I'm just saying it might be a little overcooked. But, you know, it was in the top 10 anyway. Tom and a few other writers had the whole Nashville scene sewed up in a box. If you wanted to record a song and get it in the top 10 you had to go to them, and Tom was one of the top guys. They were all very comfortable, doing their thing.

This was about the time that Willie Nelson picked up and moved to Texas. About the same time. He's still in Texas. Everything was very copacetic. Everything was all right until – until – Kristofferson came to town. Oh, they ain't seen anybody like him. He came into town like a wildcat that he was, flew a helicopter into Johnny Cash's backyard, not your typical songwriter. And he went for the throat. "Sunday Morning Coming Down."
Well, I woke up Sunday morning
With no way to hold my head that didn't hurt.
And the beer I had for breakfast wasn't bad
So I had one more for dessert
Then I fumbled through my closet
Found my cleanest dirty shirt
Then I washed my face and combed my hair
And stumbled down the stairs to meet the day.
You can look at Nashville pre-Kris and post-Kris, because he changed everything. That one song blew ol' Tom T. Hall's world apart. He couldn't see it coming. It might have sent him to the mad house. God forbid he ever heard any of my songs.
You walk into the room
With your pencil in your hand
You see somebody naked
You say, "Who is that man?"
You try so hard
But you don’t understand
Just what you're gonna say
When you get home
But you don’t know what it is
Do you, Mister Jones?
If "Sunday Morning Coming Down" rattled Tom's cage, sent him into the loony bin, my song surely would have made him blow his brains out, right there in the loony bin. Hopefully he didn't hear it.

I just released an album of standards, all the songs usually done by Michael Buble, Harry Connick Jr., maybe Brian Wilson's done a couple, Linda Ronstadt done 'em. Rod [Stewart] of course, even Paul [McCartney] has done some of this kind of material. But the reviews of their records aren't like mine. In their reviews no one says anything. In my reviews, they've got to look under every stone and report about it. In the review they get, you seldom see any of the songwriters' names. Unlike mine. They've got to mention all the songwriters' names.

Well that's OK with me. After all, they're great songwriters and these are standards. I've seen the reviews come in, and they'll mention all the songwriters in half the review, as if everybody knows them. Nobody's heard of them, not in this time, anyway. Buddy Kaye, Cy Coleman, Carolyn Leigh, to name a few.

But, you know, I'm glad they mention their names, and you know what? I'm glad they got their names in the press. It might have taken some time to do it, but they're finally there with importance and dignity. I can only wonder why it took so long. My only regret is that they're not here to see it.

Traditional rock & roll, we're talking about that. It's all about rhythm. Johnny Cash said it best: "Get rhythm. Get rhythm when you get the blues." Very few rock & roll bands today play with rhythm. They don't know what it is. Rock & roll is a combination of blues, and it's a strange thing made up of two parts. A lot of people don't know this, but the blues, which is an American music, is not what you think it is. It's a combination of Arabic violins and Strauss waltzes working it out. But it's true.
The other half of rock & roll has got to be hillbilly. And that's a derogatory term, but it ought not to be. That's a term that includes the Delmore Bros., Stanley Bros., Roscoe Holcomb, Git Tanner and the Skillet Lickers... groups like that. Moonshine gone berserk. Fast cars on dirt roads. That's the kind of combination that makes up rock & roll, and it can't be cooked up in a science laboratory or a studio.
You have to have the right kind of rhythm to play this kind of music. If you can't hardly play the blues, and you don’t have the hillbilly feeling, you’re not really playing rock & roll. It might be something else, but it’s not that. You can fake it, but you can't make it.
Critics have said that I've made a career out of confounding expectations. Really? Because that's all I do? That's how I think about it. Confounding expectations. Like I stay up late at night thinking about how to do it. "What do you do for a living, man?" "Oh, I confound expectations." You're going to get a job, the man says, "What do you do?" "Oh, confound expectations. And the man says, "Well, we already have that spot filled. Call us back. Or don't call us, we'll call you." Confounding expectations. I don't even know what that means or who has time for it.
"Why me, Lord? My work confounds them obviously, but I really don't know how I do it."

The Blackwood Bros. have been talking to me about making a record together. That might confound expectations, but it shouldn't. Of course it would be a gospel album. I don't think it would be anything out of the ordinary for me. Not a bit. One of the songs I'm thinking about singing is "Stand By Me" with the Blackwood Brothers. Not "Stand By Me" the pop song. No. The real "Stand By Me."
The real one goes like this:

When the storm of life is raging / Stand by me / When the storm of life is raging / Stand by me / When the world is tossing me / Like a ship upon the sea / Thou who rulest wind and water / Stand by me
In the midst of tribulation / Stand by me / In the midst of tribulation / Stand by me / When the hosts of hell assail / And my strength begins to fail / Thou whomever lost a battle / Stand by me
In the midst of faults and failures / Stand by me / In the midst of faults and failures / Stand by me / When I do the best I can / And my friends don't understand/ Thou who knowest all about me / Stand by me
That's the song. I like it better than the pop song. 

If I record one by that name, that's going to be the one. I'm also thinking of recording a song, not for that album, though – a song called "Oh Lord, Please Don't Let Me Be Misunderstood." But I don’t know, it might be good on the gospel album too.

Anyway, I'm proud to be here tonight for MusiCares. I'm honored to have all these artists singing my songs. There's nothing like that. Great artists. Who all know how to sing the truth, and you can hear it in their voices. I'm proud to be here tonight for MusiCares. I think a lot of this organization. They've helped many people. Many musicians who have contributed a lot to our culture. I'd like to personally thank them for what they did for a friend of mine, Billy Lee Riley. A friend of mine who they helped for six years when he was down and couldn't work. Billy was a Sun rock & roll artist.

He was a true original. He did it all; played, sang and wrote. He would have been a bigger star but Jerry Lee came along. And you know what happens when someone like that comes along. You kind of have to take a step back. You just don't stand a chance.
So Billy became what is known in the industry – a condescending term, by the way – as a one-hit wonder. But sometimes, just sometimes, once in a while, a one-hit wonder can make a more powerful impact than a recording star who's got 20 or 30 hits behind him.

And Billy's hit song was called "Red Hot," and it was red hot. It could blast you out of your skull and make you feel happy about it. Change your life. He did it with power and style and grace. You won't find him in the Rock and Roll Hall of Fame. He's not there. Metallica is. Abba is. Mamas and the Papas – I know they're in there. Jefferson Airplane, Alice Cooper, Steely Dan – I've got nothing against Metal, Soft Rock, Hard Rock, Psychedelic Pop. I got nothing against any of that stuff. But after all, it is called the Rock and Roll Hall of Fame. Billy Lee Riley is not there. Yet. And it's taking too long.

I'd see him a couple times a year and we'd always spent time together and he was on a rockabilly festival nostalgia circuit, and we'd cross paths now and again. We'd always spend time together. He was a hero of mine. I'd heard "Red Hot." I must have been only 15 or 16 when I did and it's impressed me to this day. I never grow tired of listening to it. Never got tired of watching Billy Lee perform, either. We spent time together just talking and playing into the night. He was a deep, truthful man. He wasn't bitter or nostalgic. He just accepted it. He knew where he had come from and he was content with who he was.

And then one day he got sick. And like my friend John Mellencamp would sing – because John sang some truth today – one day you get sick and you don't get better. That's from a song of his called "Life is Short Even on Its Longest Days." It's one of the better songs of the last few years, actually. I ain't lying. And I ain't lying when I tell you that MusiCares paid for my friend's doctor bills, mortgage and gave him spending money. They were able to at least make his life comfortable, tolerable to the end. That is something that can't be repaid. Any organization that would do that would have to have my blessing.

I'm going to get out of here now. I'm going to put an egg in my shoe and beat it. I probably left out a lot of people and said too much about some. But that's OK. Like the spiritual song, 'I'm still just crossing over Jordan too.' Let's hope we meet again. Sometime. And we will, if, like Hank Williams says, "the good Lord willing and the creek don't rise."