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Dark Star Orchestra | Ogden Theater | 3/30/2013 | Review/Photos

The date was March 30th, 2013. Or was it October 9th, 1977? Either way, the city of Denver held camp to the throngs of Deadheads along Colfax. On our way into McNichols Arena, I mean The Ogden Theater; there was a buzz in the air that only a live concert can produce. It had been a beautiful, early spring day and had transitioned well into a mildly acceptable evening. The strip of Colfax that stretches from Sancho’s Broken Arrow to The Ogden was alive with tie-dye, booty shorts, Afros and dreadlocks. Erykah Badu was playing The Fillmore Auditorium, a name most Deadheads recognize from the early days of Bill Graham, but at the Ogden was Dark Star Orchestra, the premiere Grateful Dead cover band spearheaded by Rob “Bob Weir” Eaton and his cast of characters doing their best to impersonate any given show from the Dead’s run of thirty years strong.

Outside, the will call line was a mess. Typical of Deadheads, everybody showed up right when the music was scheduled to start, promptly flooding the little window and adjacent sidewalk. The always good willed venue staff did their best to sort through the line, weeding out the guest list from normal will call, and gladly got me my ticket while still a dozen or so people from the front. The band must have taken note of this line, because they came on nearly twenty minutes after their scheduled set time.

One of the most entertaining aspects of Dark Star Orchestra shows is the ability, as a fan, to break down the set list like a statistician. Everything is done for a reason with this band. My first impression was the stage arrangement. Dueling drummers Dino English and Rob Koritz sit with their kits on risers in back, and in front of them, starting stage right, is Rob Barraco on keys, Jeff Mattson on lead guitar, Rob Eaton on rhythm, Lisa Mackey on vocals and Kevin Rosen on bass. In Grateful Dead terms, that would be Keith Godchaux, Jerry Garcia, Bob Weir, Donna Godchaux and Phil Lesh, with Bill Kreutzmann and Mickey Hart on drums and percussion. This is the lineup that started in 1971, when founding member Pigpen fell ill, ultimately passing in 1973.

Stage placement can go a long way in determining what show, or even what era of the Grateful Dead is being played. Sometimes a left hand monkey wrench gets thrown in the gears, however, and DSO creates their own setlist. This is where knowing the great American songbook of the Grateful Dead comes in handy. Some songs were only played in certain years. Lyrics changed throughout their three generations. Some songs were first set or second set only, and some songs would never be played before or after one another, or even during the same era. Take the second set Drums>Space>Terrapin Station; this was a masterpiece in its earliest live stages, and only appeared out of Drums>Space a few times.

I felt the show was in the late seventies style from the get go. Probably somewhere between 1977-1979 considering that Lisa was singing Donna’s parts and Barraco was primarily working electric piano, in addition to the stage arrangement. Eaton kicked off the show with a rocking “Minglewood Blues,” doing his best Bobby lockjaw. The set that followed was a perfect example of the ebb and flow between Jerry Garcia and Bob Weir during their live performances. For the majority of their time together, the Dead relied on these two as their primary vocalists, one of the reasons Donna was added to the mix, and due to Phil’s reluctance or healthy ability to sing. This was the case with this show, as Rob and Jeff handled all vocal duties, with the others providing backing harmonies.

As they plowed through the honkytonks and Americana infused melodies with psychedelic prowess, we were greeted by familiar tunes like “Cassidy,” “Dire Wolf,” and “Brown Eyed Women.” I’ve always loved this era of Dead music. All three of these songs had been in rotation for some time by the late seventies, with “Dire Wolf” first being played live in 1969. These songs have such depth and storied rhythms to them. They lead you down twists and turns and embody the folklore that dominated early traditional music. This is heavily in part to Jerry Garcia and lyrical partner Robert Hunter’s foray in country and Americana music, which spawned the albums “American Beauty” and “Workingman’s Dead;” still remembered as quite possibly the best albums they ever made. Hearing the country embodied songs played during the later seventies, as the band was still relatively fresh off of their mid seventies hiatus and in a full swing transformation into an arena rock staple, has always interested me. They had a hold on their sound and music like no other band really did, and still were abe to alter and find new dimensions. They were the oddballs, the band playing to fans and not record labels and Billboard charts.

The show really took off, in my opinion, when Eaton started up the metallic rhythm of “Lazy Lightning>Supplication.” I’ve seen DSO play this combo before, back when John Kadlecik was in the band, but Jeff Mattson has really found his groove with these guys and ripped the living hell out of the transition before Eaton began howling “dizzy aint the word for the way you’re making me feel now.” And I concurred. Things slowed down a bit for “Sugaree,” before they opened up a can of whoopass and I honestly thought it was going to be the last song of the first set but Eaton shifted gears for a more spaced out, harmonic version of “The Music Never Stopped,” and though it did for a little while, it was sure to return.

Setbreak at DSO shows, like Dead shows, are a time to chat about what you heard and what you think is to come. I parted with a group of friends from the Ratdog.org board, and found amongst the crowd the biggest deadhead I know, and also a very talented writer for the Grateful Web. We chatted about how in the modern era of live Dead music we are so used to hearing the Ratdog/Furthur versions of songs that we find ourselves chanting lyrics aloud at a Dark Star Orchestra show, where they are hitting the set and songs the way the Dead would have, when nobody else is. In Ratdog and Furthur, when playing “The Music Never Stopped,” Bobby sings “never stopped, never stopped,” on repeat during the closing jam, and it has really become something I enjoy. Nevertheless, it was just the spawn of set break communications and made for interesting conversation as we tried to conserve our energy for the upcoming second set of what we were almost positive was a 1977 or 1978 show.

Eaton kicked off another set of great music with “Samson and Delilah,” which was a staple during the late seventies and was played to excess on some of those 1976-1977 tours. It was a joy to hear a full fledged rocking version, as it is one song I am not a huge fan of these days when it comes to the tambourine acapella vocal intro, though I understand and appreciate it seeing how it is an old spiritual tune that Bobby likes to preach every Sunday. With the early set rocker out of the way and the crowd swinging, the band dipped into full, robust bass bombs only a disciple of Phil Lesh could muster, and swept everybody off their feet with “Scarlet Begonias>Fire on the Mountain.” First paired together in 1977, this dynamic combo stayed in the repertoire until Jerry checked out in 1995, and is one of the most debated pairings, as it seems everybody has their favorite version (right now mine is 2/5/1978).

Scarlet is a song with a strong lyrical presence, boasting such lines as, “strangers stopping strangers, just to shake their hands,” which most audience members do, and “Once in awhile you get shown the light in the strangest of places if you look at it right.” The latter lyric was especially poignant to me, as I met a fresh-faced twenty-one year old I’ll call jr on the RTD from Boulder. He was so wide eyed with enthusiasm; so oblivious to what he was to expect, but he was enthralled and eager and I wish I hadn’t lost him in line. I would have loved to hear what his thoughts were on the show, and if he truly was “shown the light.”

The combo seemed to go on forever, which is always fine by me, and “Fire on the Mountain” really showed Eaton and Mattson on the same page as the dug through solos, slides and interchanging leads. Even Lisa, usually happy swinging in circles through every jam, shakes her head, smiling at the excessive continuation and bobbing back and forth. It was around the end of “Fire” when I made my way to the bar and met a kind lady wearing an Ohio State Buckeyes shirt. We weighed the loss to Wichita State, said cheers, and took solace in the live Dead music to comfort us in our time of loss.

After a brief pause to catch their collective breath, we were treated to a another foray into the strange and psychedelically infused with “Estimated Prophet,” which started a classic cycle of songs in true Dead form: “Estimated>He's Gone>Truckin>Drums/Space.” Like any lesson, one can learn a lot by song structure and setlists. This combo was classic Dead. Strong, strange jams transitioning into a slow Jerry ballad that builds before erupting into a rocker by Weir. This segment preceding drums/space was just that.

Coming out of a somewhat swift drums/space jam, we took a trip to “Terrapin Station.” As mentioned earlier, the placement of this song following Drums/Space is rather unique and was a moment where many people, including myself, began to pinpoint just what show was being covered.

The second set came to a close with Chuck Berry’s “Around and Around,” and the crowd was definitely reeling and rocking. They encored with Casey Jones, just like the setlist called for way back on 10/9/1977, and let the crowd make their way into the night, some on their way to catch a bus, and some destined to be on it forever.

Check out more photos from the show.

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My Nonprofit Reviews

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Review for Girls Write Now, Inc., New York, NY, USA

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Girls Write Now is a wonderful organization with the ability to support and encourage the growth of many young girls who need it. Girls Write Now has increased my courage and self-confidence, and for that I will always be grateful.

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Role:  Client Served & I was (and am) a mentee in the program.


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text: People did the normal tourist things between Olympic events like go to the tomb of the unknown soldier and watch the Evzones do their thing. One US sportswriter made disparaging remarks about them, implying that they were wimpy because they wore dresses. Actually they are called foustenellas, and were worn by the revolutionaries who liberated the country from the Turks. The humor was juvenile, and evidence of why many people believe that Olympics are cultural events and beyond the scope of your everyday sportswriter.


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Saturday, November 6, 2010

Remembering the Dead

Every year Remembrance Day reminds me of visiting the British War Cemetery in Rome. The British military has an interesting custom: it allows the families of fallen soldiers to choose a short inscription for their tombstone.

Some of those I saw were rather quaint. One read "Fondly remembered by Mum, Dad, and his little dog Pat."

But one epitaph stopped me in my tracks. The tombstone read "One thing I ask, that you remember me at the altar of the Lord."

These are the dying words of Saint Monica to her two sons, one of whom was the future Saint Augustine. She told her children not to worry about where they buried her; she cared only that they prayed at Mass for her soul.

How wise the parents of that dead soldier! I have now forgotten his name, but for many years I prayed for him, and I will pray for him at Mass today.

For Catholics do not just remember the dead; we pray for the dead.

Prayer for the dead is one of the hallmarks of our faith. From its beginning, the Church has offered prayers for the dead, above all the Mass.

Prayer for the dead is motivated by two key Catholic teachings: first, the resurrection of the dead. If we do not believe that the dead will rise, if we do not have hope in the eternal reward, such prayer has no purpose.

Secondly, we pray for the dead because we believe in purgatory.

Purgatory is the name given to the final purification of those who die in God's friendship, but who are not ready yet to enter the joy of heaven. We believe that there is a process that cleanses those who are already saved, but who haven't quite the holiness needed to meet God.

It's not a bad thing to wake up in Purgatory! Father Benedict Groeschel says he looks forward to it!

He explains why by quoting the fine Anglican writer C.S. Lewis, who puts it this way: Imagine arriving at an important party in shabby clothes, without having brushed your teeth for days. If someone at the door gave you the chance to take some time to clean up and change, would you say "oh, no thanks, I'll go straight in and meet the host"?

But since we are members of the Body of Christ, joined in solidarity with one another, we can help one another during this time of purification. We can pray for the souls in purgatory, and they can pray for us.

More to the point: we must pray for the souls in purgatory; it is a duty we have in charity to all, and in justice to those who have done us good.

Last Tuesday was the day of days for praying for our dead and for all the dead, All Souls Day. Mass on All Souls Day was never a holy day of obligation, but churches were usually full. In fact, when I was a young priest, I used to complain that we packed the church for All Souls and left them half-empty on the glorious feast of All Saints the day before.

Well, we have no such problem at Christ the Redeemer: the church was half-empty both days! Even though I offered three Masses on November 2nd, as the rules permit, fewer than one in five of our parishioners attended in total, if you exclude the children who came to Mass with the school.

What does this say? That you are less devout than the parishioners of the past? I don't think so. That you are more busy?—well, that's for sure.

But after thinking about it for a few days, I think it says one thing most of all: we need to shore up one of the foundations of Catholic culture.

Notice I said culture; it's not about faith. There's probably no-one here who doesn't believe in the resurrection of the dead. Only a few have doubts about Purgatory. But we are no longer helped along by customs and a culture that made it easier to do the right thing in past years.

Good Catholics didn't ask "shall we go to Mass on All Souls." They didn't ask one another "Are you going to Mass on All Souls." For the most part they said "Which Mass?"

Again, it was never commanded by the Church; a rule wasn't necessary. A sense of duty led us to Mass on November 2nd.

If the importance of Catholic culture isn't clear to you, just think about poppies. Is there a law about wearing poppies? Is there a by-law that says we must be silent at 11 a.m. on the eleventh day of the eleventh month?

Of course not. Our shared values and history direct us to act on a certain way on Remembrance Day… just as they used to do for Catholics on All Souls.

It's time to reclaim what we have lost, to rethink the lost decades when we've been trying too hard to be like everyone else—not standing out by heading to the Cathedral on our lunch hour on All Souls or Ash Wednesday, not arranging our social lives to accommodate great feasts or fasts, not doing things together as members of one Body.

The seven brothers who died sooner than violate the Jewish dietary laws against eating pork had faith; they believed in the resurrection. But they were also made strong by culture. They were united in belief with one another, and with their heroic mother—who, I'm sorry to say, gets cut out of the story this morning. In fact, when she was urged by the King to talk her youngest and last son out of his martyrdom, she took the opportunity to encourage him.

It wasn't only faith that kept those eight true to their beliefs when they were put to the test; they were strengthened also by belonging to a culture, a community of shared convictions.

The entire month of November is a month of prayer for our dead. Let us be united in mind and heart with the Church in heaven, the Church on earth, and the Church in Purgatory as we pray together for the faithful departed.

And may that prayer not only bring them closer to heaven, but us closer to them and stronger in our Catholic beliefs, customs, and culture.

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Update about General Greene’s body and Sgt Bergdahl (from FNC’s Justin Fishel at the Pentagon)

From FNC’s Justin Fishel:

MG Harold Greene’s body is likely to be returned to Dover Air Base sometime late today or early tomorrow, but no firm time has been sent. For your planning purposes please be aware that the family has granted permission for media coverage of the arrival ceremony. I’m told it could happen as early as 3-5pm this afternoon, I will update asap.

Sgt Bowe Bergdahl is currently being interview by the lead investigating officer, Gen. Kenneth Dahl. We’re told the interview started at 0800 central at Fort Sam Houston. Bergdahl’s lawyer is at the interview. Apparently his lawyer released new photos of Bergdahl today. I’m working on getting those if we don’t already have them.

Justin Fishel

Fox News Channel

Pentagon /State Dept. Producer

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Saturday, 7 May 2011

Greyhound Awareness Week May 21st - 29th

Please try to take part!

Greyhound Awareness Week gives an opportunity for all those concerned about the plight of greyhounds to educate the public about the mass slaughter of dogs caused by the greyhound racing industry.

With a large enough boycott by ordinary people, the industry can be brought to its knees and the suffering and untimely death of thousands of greyhounds prevented.

Street stalls, demos outside greyhound tracks, betting shop pickets and other events will be taking place throughout the country. Anyone who would like to organise or take part in an event in their local area, please contact Action for Greyhounds ( or 01603 469864) for leaflets, posters, petition forms etc.

It would also help greatly if all of our supporters/sympathisers could write letters to their local papers about Greyhound Awareness Week. Below is a sample letter you can send, or if you so wish, you can compose your own.

May 21st - 29th is Greyhound Awareness Week, when events are held across the UK to draw public attention to the plight of greyhounds.

According to international greyhound protection organisation Action for Greyhounds, over 10,000 greyhounds, bred for the British racing industry, are "put down" every year, after failing to make the grade as racers or when their "careers" on the tracks come to an end.

An RSPCA report on greyhound racing has stated that "at least 20 greyhounds a day - either puppies which do not make the track, or 'retired' dogs aged three or four - simply 'disappear', presumed killed".

In addition, a large number of greyhounds sustain serious, sometimes fatal, injuries whilst racing, due to the dangerous nature of the tracks.

Members of the public can help put an end to this horrific situation by not attending dog tracks or betting on greyhound racing, so this appalling industry fades away through lack of financial support.

For more information, please visit the Action for Greyhounds website at

Yours sincerely,

Telephone number (many newspapers require this in addition to your name and address, but it doesn't get published)


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An empty, dry tunnel under the East River.

On a normal day, New York’s subway system is magical. That the largest city in the United States, one of the densest and tallest places on Earth, should have running beneath it an intricate, extensive series of tubes linked at various places to the surface is an achievement we rarely reflect upon. Right now, as they have been for months, crews are digging a new tunnel along Second Avenue, a brand new subway line, under homes and stores and businesses like it’s just the regular way things are done.

Public transit is never simple, but when it’s done elegantly and well, it seems like simplicity incarnate. Go down, get on the train, get off where you wanted to be.

Sandy shook that. For a week, the subways were soaked and silent. For the first two days after the storm, New Yorkers were immobile. But only for two days. What happened next, as the head of one riders’ advocacy group told the Times, “borders on the edge of magic.”

It has been less than two weeks since the most devastating storm in the New York City subway system’s 108-year history. Seven tunnels beneath the East River flooded. Entire platforms were submerged. Underground equipment, some of it decades old, was destroyed.

The damage was the worst that the system had ever seen. And yet, the subways have come back — quicker than almost anyone could have imagined.

The Times article outlines how that happened, focusing on the Metropolitan Transit Authority’s head, Joe Lhota, and his agency’s preparations for and response to unprecedented flooding.

At some points, the story — which you should go read immediately — reads like a disaster movie.

At the same time, Joseph Leader, the subway’s chief maintenance officer, went into South Ferry. No one knew the barriers outside the station had given way, Mr. Leader said, breached apparently by 15-foot hunks of wood that, late last week, remained strewed across the mezzanine, beside the turnstiles.

As he lurched into the terminal, the water had already risen over the platform. When it began climbing the stairs, Mr. Leader fled. He made his way on foot toward the darkened loop track, approaching Rector Street, training his flashlight ahead. “You could just see it rising, coming up the tracks,” he said. “I realized, I can’t stay here much longer.”

The South Ferry subway station, submerged.

The most remarkable part of the story is how the MTA recovered. Bus bridges — impromptu routes using city buses — were the first response, even as trains began running limited routes.

Test trains began running partial routes on Wednesday. But with power still out in Lower Manhattan, no trains could run between Manhattan and Brooklyn. If not for the power loss, officials said, the No. 4 and 5 trains could have very likely returned during the week. …

Charles Gordanier, the authority’s chief map designer, began drafting changes to the old subway map, fading out the lines that were without service. Copies were released to the public on Wednesday, and have since been updated as service is restored.

The bus bridges created winding lines and widespread gridlock, resulting from a simple math problem, Mr. Prendergast said: Between 1,500 and 2,000 people can pile into a train. A bus can fit no more than 75 or so.

Accordingly, connecting the boroughs by subway was the next priority. Late Friday, as the power returned, officials were confident they could restore full service to some trains, like the Lexington Avenue line and the No. 7, almost immediately. By Saturday morning, they had, and several other connections between boroughs followed.

(Transportation Nation has a nice profile of how Gordanier made the constantly updated maps.)

Service is still not back completely. But given the apocalyptic predictions that preceded the storm, the amount of progress made has been almost incredible.

Last night, I jumped on the downtown 2 express train into lower Manhattan. It wasn’t until I got off at Chambers Street that I remembered that the journey had been amazing, something that a week and a half ago would have been a privilege. Riding it as usual, it was just another subway trip, unremarkable. Simple.

Magic in plain sight.


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Climate Change

Did ExxonMobil break its promise to stop funding climate deniers?

The oil giant ExxonMobil may have given big bucks to scientist Wei Hock "Willie" Soon, who blames global warming on the sun.

Bill McKibben: Blame Canada!

Bill McKibben has it in for Canada. In a new article in The New Republic, he calls it "one of the earth's most irresponsible nations," admonishes liberals that they need to find a new country …

Why selling off the Strategic Petroleum Reserve is a good idea

Here's how releasing oil from the Strategic Petroleum Reserve can lower gas prices and help get the U.S. off of oil.

Why tapping the strategic petroleum reserve is a bad idea

When it comes to oil, this is what the U.S. looks like to the rest of the world   The Obama administration has decided over the next two months to release 60 million barrels of …

Pipeline industry funded two-thirds of pipeline safety studies

Wondering whether natural gas and oil transportation pipelines are safe? Why not ask a neutral objective party -- like, say, the pipeline industry? The federal government’s Pipeline Hazardous Materials Safety Administration is supposed to study …

Pump fiction: U.S. gas is artificially cheap

What's the true price of gasoline? This animated feature from the Center for Investigative Reporting explores the external costs of oil use in the US.

How oil and gas companies that deny climate change are adapting to it anyway

Next to agriculture, the industry most vulnerable to climate change is, arguably, the extraction of the very fossil fuels that are causing it, says Michael Cote at GOOD. And while this industry is spending millions …

Russia building floating nuclear power plants to unlock Arctic oil

Climate & Energy

Humanity's energy dilemma in three easy charts

According to a new report from BP, our current energy path leads to catastrophe, and it's hard to even envision a scenario in which catastrophe is avoided.


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Tuesday, August 12, 2008

Schools vs. Jails on Smith County ballot this November

The Tyler Independent School District voted today to put nearly $125 million in school bonds on the November ballot, reported the Tyler Morning Telegraph, while Smith County commissioners on Thursday are expected propose yet another jail bond on the same ballot after jail proposals overwhelmingly failed in each of the last two years.

After two blistering defeats, expect this third jail bond proposal to have a particularly rough ride. I'm hearing through the grapevine that opposition is already organizing behind the scenes, and there are rumblings of possible litigation because the jail plan was concocted behind closed doors, possibly in violation of the open meetings act.

Not only that, the Presidential election will likely spawn exceptionally high voter turnout, which bodes particularly well for jail bond opponents. Indeed, if we may judge from the primaries, Sen. Obama's presence on the ballot could dramatically boost turnout in minority-dominated North Tyler precincts that overwhelmingly opposed jail expansion the last two times.

Putting the school bonds on the same ballot are like a gift from God to jail opponents. Voters who're concerned with rising tax burdens may view the two proposals as a choice, not a checklist. Assuming the school bond package is palatable (and I know nothing about it beyond today's newspaper coverage), maybe jail bond opponents should consider running with the slogan, "Schools Not Jails." If that choice becomes explicit - especially given the last two landslide jail bond failures - I think I can guess which way Smith County would go.

Anonymous said...

Wonderfully insightful... I guess we should just forget about jails and criminal justice. Let's let all the criminals out on the streets and allow them to roam the school campuses. That would be a great solution.

The "opposition" group is slinging mud without any legal basis.

The most recent proposal is a solid jail plan developed with input from folks who have been on both sides of the issue in recent years. It is less than half the cost of last year's failed jail plan, and it is substantially less than the failed jail bond proposals of 2006.

Despite the reduction in the price tag, the plan will meet Smith County's jail needs for many years to come, and it will have the necessary infrastructure in place to expand the facility when the time comes.

The commissioners have taken great strides in recent months to plan for improvements to all county facilities on a pay as you go basis. They are committed to meeting every facility deficiency with conservative, affordable, common sense solutions, and their efforts should be applauded.

Robert said...

The third jail plan is an expansion of the existing jail, on land already owned by the city. Duh. Finally.

But nobody trusts the commissioners anymore.

The school folks are building an empire. They got shot down on a 300 million dollar bond issue, so they are trying it in 100 million dollar bites. The first bite was for cute elementary schools, but there isn't any fresh thinking like single sex junior highs et, et.

When commissioners and school boards ask you for the same thing, election after election, I think after the second time a caveat should be added: If this bond issue fails, the ENTIRE board or commissioners court should resign.

Smith County Jail problems could be solved with firing some judges and letting the rest of the know that high bonds shouldn't be used to coerce plea bargains.

Anonymous said...

Grits - did you ever think about all the people who need to be in jail but aren't? We'd have to double or triple capacity.

Gritsforbreakfast said...

To 7:00 who writes, "I guess we should just forget about jails and criminal justice."

Nonsense, that's really a red herring. Smith County should get smart about jails and criminal justice instead of throwing good money after bad.

Don't take my word for it. Judge Cynthia Kent proposed a long laundry list of solutions that could solve Smith County's jail overcrowding problems with no new construction. The Commissioners Court only funded one of them, which has been an overwhelming success (mostly because of commitments by only two judges - it'd work better if Skeen and others would participate). If you think Judge Kent wants to "let all the criminals out on the streets," then you simply must know nothing of her record.

That tells me they don't really want a solution. They want a new jail. Smith needs to use the tools at their disposal now to reduce overcrowding before proposing any new construction.

Plato, I assume your comment is made tongue in cheek. The United States has 5% of the planet's population and 25% of the incarcerated prisoners. Texas has the first or second highest incarceration rate in the United States (the highest of any big state), while Smith County has nearly double the incarceration rate of the Texas state average, giving them one of the highest incarceration rates of any locality on the planet.

Meanwhile, Smith is about 30% short of minimum guard staffing at the current jail, I'm told, and their low-risk facility manager and several subordinates were recently fired for corruption. To make matters worse, the chief deputy who ran jail operations just bailed on them and took a job in Dallas County.

It's pretty ridiculous for them to expand the jail before trying front-end solutions or fixing existing problems. Especially when the voters clearly don't want it.

kaptinemo said...

"He who opens a school door, closes a prison." - Victor Hugo

Kinda apt in this situation, don't ya think?

The 'champagne' period of trying to incarcerate our way out of dealing with the root causes of social problems (like illegal drugs) is finally having to contend with the 'beer budget' realities of the problems still remaining, but the money to incarcerate the unsightly results of those problems having run out. And this is happening all over the country.

So, now it's the classic 'guns or butter' scenario. It's the taxpayer's choice, as they are ultimately the ones who foot the bill, one way or another.

Anonymous said...

To the person saying that this is a conservative approach. I would ask why did the commissioners court decide to develop this plan in secret. The plan is called phase one. How many phases are there going to be? How much is all this going to cost? No one knows because that part is still a secret. To say that this is a great plan becuase it is only half of the last bond election is too elementary. We all can do the math. But does this plan solve this problem. No.

The fundamental problem of this commissioners court is a lack of trust. We have not trusted their judgment with the last three proposals. Now they no longer trust us because they have decided to do all this in secret. The commissioners court as a whole has been presented this plan only one time. One week later they are going to put it on the November ballot. A commissioners court that develops plans in secret violate the open meetings act. We will see if anyone has the guts to call them on it in Smith County.

Anonymous said...

To anonymous who said:
"The 'opposition' group is slinging mud withou any legal basis."

Here is my response. Have you read Tex. Atty. Gen. Op. JC-0060 (1999). This opinion deals with a committee on which the County Judge and one Commissioner served. The most interesting thing was that the opinion was requested by Smith County in 1999. In response to the question, the Texas Attorney General concluded that these elected official could not serve on such a committee to develop a plan if the committee did not comply with the open meetings act. Now, nine years, Judge Baker calls several people and asks them to serve on a committee (their words not mine) and they develop this plan and release it. No meeting was every posted and they had at least seven meetings. Now they are scrambling to say: it was not a committee, they were not appointed by the commissioners court, they only gathered information. But the truth keeps slipping out. They call it the commissioners court plan before it was even submitted to the commissioners court. There are other examples. The problems keep growing.

It looks like a clear violation of the law. They are now citing their own attorney general opinion which just makes their arguments worse because in that opinion there was not even a committee that was appointed. It was an informal group of elected officials meeting to diseminate and gather information on jail overcrowding in their county. They met without posting meetings. The attorney general said that since the group only gathered information there was no requirement to post meetings. Notice the attonrey general did not say that there was no necessity to post because the group was not officially appointed. Instead, the attorney general stated that the test was whether the group was gathering information or putting together a plan.

Under any, ANY, review of what was done in Smith County, the county judge and the county commissioner violated the law (in my opinion) because they put together a new jail proposal, released it to the public and one week after presenting it to the rest of the commissioners court it was rubber stamped onto the ballot for November.

Anonymous said...

It's clear that Smith County needs a new jail. The problem is that on one trusts those in power with that kind of money. I wouldn't vote for anything until we get a new sheriff, DA and Judge Skeen is out of office. If we got a DA who actually believed in justice instead of one who just wants to lock everyone up, innocent or guilty, and we had some judges that set reasonable bonds we might not have as many people in jail. The current jail has got to be one of the worst run jails in the state. Until we get a competent sheriff I wouldn't vote for putting millions of dollars in these peoples hands. The current jail was completed in the 70's and is falling apart. Where did the money go that was supposed to be spent on maintenance of this building? It shouldn't be in the condition it is in if it were properly maintained.

Additionally, before spending millions of dollars other measures should be used such as the citation option authorized by the legislature for Class B misdemeanors. The Smith County DA didn't seem to understand how tha would work. Apparently he was admitting that he is not as competent as DA's in other jurisdictions who have found ways to make it work. The reality is that Bingham is not going to suppot anything that takes away his ability to incarcerate as many people as he possibly can. It's not about justice, it's about power.

To address our jail problem we need to start by electing a new sheriff, DA and at least one new judge. When we have honest and competent people in these positions then we can look at building something.

Anonymous said...

Smith County has failed to implement meaningful alternatives to incarceration, failed to ensure all currently available jail space is being used to the maximum extent possible, and only after doing that can the county make a credible case to the taxpayers that additional jail space is needed. The taxpayers have a right to know that all available options and resources have been used BEFORE more jail space is built. County officials simply haven't taken meaningful steps to reduce the demand for more jail beds. Only then can the county demonstrate to taxpayers it has done its due diligence BEFORE asking for more money.

Anonymous said...

To Grits:

Nonsense. The Commissioners have voted to support and have continued to support several alternative programs. The AIC program has expanded thanks to the Commissioners support to support double the number of participants originally planned. A drug court is in operation, again, funded by the Commissioners. And most recently, the Commissioners voted to support a pilot mental health court program, and Judge Baker volunteered to serve as judge for that program.

The jail is not 30% short in its staffing needs. In fact, the jail passed its most recent inspection by the Texas Commission on Jail Standards. Grits – you really should check your facts: Smith County still has the Chief Deputies it has had for years – men of outstanding credentials who are recognized experts throughout the State of Texas. They haven’t left, and they aren’t planning to leave as far as I know.

So, it’s ridiculous to expand the jail when Smith County is spending millions of dollars each year housing inmates in other counties because there is no room in Smith County? I’m clearly confused. We are trying many alternatives to keep the numbers low, yet we still spent nearly three million dollars this year housing inmates out of county --- and we don’t need a jail. Brilliant deduction!

To Anonymous: There was no secret. I heard Judge Baker say in January on CBS19 that he was meeting informally with various members of the community to try to build consensus for the right jail plan. Later, the newspaper said that these meetings were ongoing. If I knew about it, then they weren’t secret meetings.

The plan is less than half the cost. Sure, we can all do the math, but I’ve seen the proposal. It’s a good one. It has no fat that I can see. It’s unfortunate they didn’t get this one together before now, but that’s life.

The Commissioners knew that Judge Baker was trying to build consensus with various groups, and that’s what he did. They have seen the proposal and the positive support of the proposal. They had a second meeting to discuss detailed security plans with the architect, and they held a third meeting to decide whether to vote to place it on the ballot in November – which they did. It’s a no-brainer. It’s not as if they are shoving it down our throats (which they could do if they wanted to) – they are giving the voting public a chance to approve it or vote it down. Aren’t they supposed to seek solutions?

And to Anonymous Legal Wizard: I’ve read the opinion, and you’ve conveniently left out important parts of that opinion and other related opinions. If you truly believe that the law was violated then call the Texas Rangers – maybe you already have, but you know that your opinion doesn’t hold water. Just using common sense I would know either: 1) you are wrong; or 2) the law should be changed. Using your logic would mean that two Commissioners could never meet outside posted meetings to discuss and try to solve problems for the county. That is LUDICROUS!!!

To the anonymous author who thinks the jail was built in the 70s and is falling apart: what rock have you been living under? The jail was built in 1986, and it’s not even close to falling apart. It is well-maintained. It has a new roof. It has fresh paint. Everything that needs to work… works. The county has a dedicated maintenance fund – a fund that has sufficient money to get the repairs done.

Grits - YOU AND MANY OF YOUR READERS / COMMENTATORS ARE MISINFORMED. I enjoy your blog, but you can do better.

Gritsforbreakfast said...

10:46 - You're issuing red herrings. The question isn't whether the meetings were "secret" in the sense that they didn't talk to anyone about it, it's whether they were announced and POSTED as open meetings as required by law. (They weren't.)

Also, it's simply a falsehood to say "We are trying many alternatives to keep the numbers low." You're trying a handful, belatedly, but without any of the enthusiasm or urgency with which a new jail is being pushed.

I agree the mental health court was a step in the right direction, but it was only just proposed and has had no time to have any impact on the jail pop. The commissioners court can't take much credit for the AIC - they didn't want to do it, funded it grudgingly only after losing an election, and have refused to implement MANY other solutions that would prevent the need for expansion. Judge Kent has proposed a long list of ideas and the AIC was just the one they picked. My bet is if they lose the next election, they'll implement more. That's the main reason I oppose the bonds - I think they should try diversion first and losing jail votes appears to be the only thing that gives them incentive to do so.

Your comments on leadership at the Sheriff's Office tells me some of your other information may be equally suspect. For example, Tyler just lost the lieutenant who ran the maximum security portion of the jail to Dallas - here's a newsclip. Meanwhile, the supervisor at the low-risk facility committed suicide this spring after he was accused of corruption. So when I hear you say all the same people are there and the jail is run by "men of outstanding credentials who are recognized experts throughout the State of Texas," it's hard for me to take the rest of what you say seriously. Just reading the papers demonstrates otherwise - one needs no special knowledge.

Finally, your "brilliant deduction" comment just adds sarcasm to a lame argument but hardly bolsters it. Smith County has NOT aggressively pursued alternatives and ignored most of those proposed, so to say we tried alternatives and still must lease bed space is a complete red herring. It's just a misrepresentation.

If Tyler and Smith County had implemented HB 2391, if more judges used the AIC, and in general if the commissioners court had shown itself as willing to back diversion programs as they are new construction, Smith County just wouldn't need a new jail.

Build it without such reforms and Judge Kent is absolutely right: It will likely be full on the day it opens and solve nothing.

Gritsforbreakfast said...

One more red herring to bust open; you write that interpreting a notice requirement for the meetings would mean that "two Commissioners could never meet outside posted meetings to discuss and try to solve problems for the count".

This misunderstands the open meetings ruling being cited. Commissioners certainly can meet in smaller numbers outside posted meetings, but when they're meeting in a group assigned to create a jail plan, that's public. They were developing a specific proposal aimed at a commissioners court vote. It's silly to claim anyone is saying commissioners can't talk. They can talk all they want. But if they want to conduct county business, they must do it in public view.

Anonymous said...

Grits... you are just plain wrong. You stated that the "Chief Deputy" in charge of the jail left. Your words, not mine. The Lieutenant was not in charge of the jail. The Captain and the Chief Deputy are in charge of the jail - and they remain in their positions and in charge. Yes. The Lieutenant left to pursue a higher paying position as Chief Deputy in Dallas. Wouldn't you do the same if a better opportunity presented itself. The Sheriff's department is a large one. To say that it is corrupt due to the actions of a few is wrong.

Again, you are wrong about the AIC program and other diversionary programs. The commissioners enthusiastically supported the program and the expansion of said program, but the AIC is not a solution that eliminates the need for a jail expansion.

As for you comments regarding open meetings, you apparently believe that this small group was charged with the responsibility of creating a jail plan by the Commissioners Court as a whole. The District Attorney's office reviewed the law and cleared the meetings by the County Judge and one Commissioner in part because this group was not "sanctioned" by the commissioners court. They simply came up with a solution that the rest of the court is now sold on. If you believe there was a true violation of Open Meetings laws then by all means take legal action.

The red herring comments are simly that - red herrings themselves.

Anonymous said...

I want to comment to Anonymous who said Judge Baker said in January on CBS19 that he was meeting informally with various members of the community to try to build consensus for the right jail plan. Later, the newspaper said that these meetings were ongoing. If I knew about it, then they weren’t secret meetings.

Is this really your argument? The fact that people knew that meeting were going on does not have anything to do with wether they could get into the room to witness what was taking place. We can all know that there is a meeting taking place at a certain date and time, but if we cannot get into the room to witness it, then it (by definition) is a secret meeting. Just because you know when and where (which I would dispute) does not keep the meeting from being secret since this would involve what happened inside the meeting.

This argument seems to be grasping at straws. Is this really going to be their argument? If it is I can see why they would want a new jail-- so they would have a nice clean place to stay.

Anonymous said...

To Anonymous who says who says that there has not been a violation of the open meetings act and that I am either: 1) wrong; or 2) the law should be changed.

Here is my response. If I am wrong, then the law has a loop hole that would allow any governmental body in the United States of America to develop plans in private and secret. Why is that every county in Texas does not use this loop hole now? Could it be because it is not a loop hole,but is a violation of the law. How many times have we been through this even in Smith County. We had a similar issue when the Commissioners Court was meeting with vendors at a hotel in less than a quorum to get around the Open Meetings Act and they had to stop during the meetings because of the violations of the law.

As to your second comment that the law should be changed, this is essentially a concession that Judge Baker and Commissioner Fleming have violated the law that exists today.

The thing that is so shocking to me is that Commissioner Fleming has been the champion of the Open Meetings Act her entire career. She has filed criminal complaints before herself (or her group has). She has always taken a very conservative approach and if there was even a question she required that the meeting be posted. Why did this all change here? What would have changed if the meetings were public? We will never know because it was a private, secret meeting to which the public could not attend.

Anonymous said...

To Anonymous: You say "As for you comments regarding open meetings, you apparently believe that this small group was charged with the responsibility of creating a jail plan by the Commissioners Court as a whole. The District Attorney's office reviewed the law and cleared the meetings by the County Judge and one Commissioner in part because this group was not "sanctioned" by the commissioners court. They simply came up with a solution that the rest of the court is now sold on. If you believe there was a true violation of Open Meetings laws then by all means take legal action."

I find it interesting that the new and improved defense is that the district attorney's office said it was okay. Yet when we ask the district attorney's office there will be an objection based upon the attorney-client privilege. So all we have is your word that the district attorney said it was okay. Well I am sorry. Your word is not enough. I have spoken to the district attorney about this and he never said a word about his office "approving" the meetings.

Additionally, the "sanctioned" portion of your argument is another red herring (you are good at those). The non commissioners court members of this group have said in press accounts that the were asked and did serve on a committee. It is irrelevant whether it was sanctioned or appointed by the commissioners. The test is whether this group took on the task a developing a plan. It is uncontested that they did. In essence, they took on the job of the commissioners court. Commissioner Fleming even stated at one community meeting that I attended that this was the commissioners court phase one plan. The only problem was that this was before it was even presented to the commissioners court. A smart individual would have been recording this statement.

The authorities say that the reason that these types of meetings must comply with the Texas Open Meetings Act is because of the danger that the rest of the court will RUBBER STAMP it. If they do then all the development of the plan would have been done in secret. Well this is exactly what happened here.

It seems like checkmate to me. JoAnn the expert on the Open Meetings Act must not really be an expert because this was a bonehead move. It looks like to me that Judge Baker and Commissioner Fleming gave a gift to their opponents.

Anonymous said...

Political correctness, especially what we experience here in Tyler, is getting to the point where our official could potentially place the citizens between a rock, and a hard place; thereby, if the officials continue down this path this could be a threat to our security. It also could be a threat to our very existence. Many in this city have created a business out of political correctness. I think this has done nothing but created animosity in Tyler and it has created a divide preventing our town from coming together to do what is best, for the county as a whole. Because of political correctness, Tylerites are duped believing just about anything.

This has prevented the county from coming together on important issues that will have a defining effect on the city’s future. Certain issues in Tyler have become taboo folks simply cannot approach certain subjects. No, unbiased dialogues exist in Tyler, so issues just fester amongst citizens creating Tylerites to become disenfranchised with their city government officials, also citizens start to view the leaders as oppressive in their own right. Issues from; living in a dry county, raising taxes on decreasing properties, reducing the speed on major highways, all the way down to banning smoking, has caused a significant divide in Tyler; Tyler needs how many Millions of dollars, One hundred Million?

The overall goal will be accomplished, and with a united community. Tyler’s cities leaders; either must start thinking differently by both, loosening the shirt collar, and by putting political correctness aside, secrecy and force will not work in the long run. In particular, stop passing ridicules laws then looking to Tylerites to make up the difference. Instead, the millions of lost revenue from liquor sales, tobacco sales, and poor decisions in failing to stabilize property taxes have the Tyler citizens wondering about their government. Possibly jail plans will have a beaming review from the mass’ of the community if the city government would stop banning personal freedoms which would inadvertently generate the revenue needed to fund projects because then the cities government would not be reaching into their pocket again. It is a win-win.

Currently Tyler’s politically correctness is hindering their overall goal. Contrary to the goal, the results are proving to form a widening gap of unity amongst the citizens. This could become catastrophic in the near future; it threatens how the citizens of this community see, act, and respond to each other, as well as the elected officials of the city in which they choose to reside in. It is for this reason Tyler citizens may need to stand up and rid this type of thing from this county before there are drastic consequences. This problem hinders our ability to do what is best for our county as a whole, because too many people are becoming more and more dissatisfied with what is happening here. If things continue, as they are, Tyler could self-destruct from the way citizens who reside here want to see it.

Anonymous said...

I would like to add to the comments made by the person above. In Smith County we have now had three bond elections with plans that were put together by different factions. We have not had a leader yet who has shown true leadership on the issue. What would that look like? Well I believe that there are three factions that have to compromise on the jail issue: the commissioners, the judges and the sheriff. The first two plans were put together by the commissioners (with some input by the sheriff). The third plan was put together by the sheriff's office and Judge Baker with a bond thrown to the judges at the 11th hour. It was done at the worst possible time and made the commissioners court look like they did not know what they were doing. Also, the judges did not have any true input. That, combined with the raise issue killed it.

We have not anyone yet require all three groups get in a room and compromise. The County Judge should be saying that until all of these groups compromise then we will do nothing.

But the real problem is that Commissioner Fleming just does not like the judges. She will not go into a room with them. So we have one of the three groups that will not participate in good faith. As a result we will continue to have a stalemate.

I really hope that some kind of charges are filed against Fleming. Then she will be forced to go into a room (courtroom) with one of the very people that she despises (a local judge). She will find out about how fair they can be at that time.

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text:
According to Chris Harris, one of the most anticipated new cars of 2012 is the Toyota rear wheel drive entry level sports car with too many names: GT-86, FT-86, and FRS. Also known as the Subaru BRZ.

The automotive journalist travelled to Spain for the YouTube channel DRIVE to get the most ouf a short session in the car. He had a total of 30 minutes to tell you what he think is good and bad about the new sports car.

  1. Bargain ? That’s 25,000 £ for a toyota (aka cheap japanese shit)… they’d better fill it with leather and gold (except for you).

  2. DC, I’m sure many people will be happy to hear your comment – off you run to buy a 2nd hand M3, leaves another slot in the queue for somebody who knows what they’re doing.

    GT 86 is all about fun. Don’t think M3 can deliver that. Speed, acceleration – Yes; fun – No, not like a GT 86

    Thanks for not joining the waiting list!


text:
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Dip-dyed sleeves, raw-edge details and a notched neck give this tee the ideal mix of casual cool and clean-cut style. With an ultra-soft touch, he’ll be plenty comfortable on the go.

• Notched crewneck. Long sleeves.
• Dip-dyed sleeves. Allover textured look. Raw-edge details at neck, shoulders, cuffs and hem. Logo patch near hem.
• This garment has a unique artwork treatment and no two look exactly the same. The variety in shading is intentional and adds to the overall appearance of the garment.
• 100% Cotton
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Big Boy Long-Sleeve Dip-Dyed Shirt

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