Your Mom; The Gold We Take For Granted

Mother’s Day is just around the corner, but what does that really mean to us? Oh, we buy the cards, and say, “Happy Mother’s Day, Mom.” It’s become pretty much of a ritual; “Oh, don’t forget Mother’s Day. Be sure you get your mother a card,” Dad tells the kids. We dutifully obey and it goes on almost automatically the same way, year after year. Maybe we take mom out to dinner or even buy her some flowers, and all of that is nice, and she appreciates it. But when was the last time you really thought about what your mother does, and how much she means to you?

Do you have a magic drawer at home; one that is always full of clean clothes? You never even consider how they got there; the clothes were always there, as if by magic. Have you ever really thanked your mom for making sure you always had clean clothes ready to wear? Probably not; I mean that’s mom’s job, isn’t it?

Remember when you came down to breakfast before going off to school in the morning? There was your lunch box, already packed with a sandwich and maybe bag of chips, and often a little surprise, some goodie that you weren’t expecting. When you returned home after school on those days did you ever remember to thank your mom for putting that little surprise in your lunch box? Probably not; you’ve already forgotten about it.

Was your mom always there to tend to your scraped up knee or elbow when you came home after falling off your bike or sliding into home plate? Chances are she probably was.

She defended you when your name was under attack; she supported you in every fruitful endeavor you ever attempted. She was always your biggest cheerleader, and when the whole world seemed against you, she was there to encourage you.

How about the working mom? When I was a kid in the 40s and 50s, most moms stayed at home; they were called housewives. Over the years, things have changed and mothers have had to leave the home to go to work to help support the family, and usually did so of their own volition. 

Even though she may not have been at home all day, she wasn’t forgiven the duties she had as a mother. She still had to wash and iron the clothes; clean the house, make the beds, prepare the evening meals and clean up afterwards. She’d go to the store to shop for food and other household necessities. She took time to attend periodic meetings at school to meet with your teachers, and performed a million other tasks around the house that moms do without complaint. They do it because they love you so much that they would give up their own lives without hesitation to protect yours. Don’t take my word for it; pick up the newspaper, it happens every day.

Make this a special Mother’s Day. Go ahead and give her that card she looks for every year, and even some flowers if you can afford it. But sometime on that day pull her aside and don’t be embarrassed to tell her exactly what’s in your heart and not just that you love her, but how much you love her and why. Then watch her reaction; it’s one you’ll never forget

If you haven’t done it yet, do it this Mother’s Day. You will not only make her day, you’ll make her whole life. Mark my words; if you don’t ever do it, you’ll regret it forever.

My mom died in 2006 and, God love her, she lived to be 99 years old. I told her fairly often that I loved her, and I did, but I never really sat her down and told her how very much she meant to me, how her support and encouragement over the years were so important to my success in life. I regret not telling her that she was my strength throughout my life. Maybe it’s not too late for you. Nothing, NOTHING is more important to a parent, especially a mother, than knowing that her children love, honor and respect her and are truly grateful for all she has done for them, and how much it has meant to them to have her never-ending support and love.

Mom, if you can hear me now, you know how much you meant to me. I’m sorry I didn’t give you the thrill of hearing that while you were with me.

Please pass this along to everyone you know so that they never have to say “I’m sorry …”

www.mysterywriterdonlewis.com                                                     donlewis@sccoast.net

The Police Officer and Criminal Jury Trials

donlewis@sccoast.net                        www.mysterywriterdonlewis.com  

Criminal jury trials--you know what they are. The defendant and his attorney try to fight off the allegations made by the prosecutor, and the focus of the trial is always on the defendant. Well, anyway, that’s the way they play it on TV and in the movies. But, that’s not really an accurate portrayal of what happens in a courtroom. In a criminal jury trial, generally the most important person in the courtroom is the investigating officer, and the most important evidence is his testimony and the evidence he has collected.

So, what makes the police investigator’s presence and testimony so important? The best way to answer that is to tell you a little bit about “proof beyond a reasonable doubt.” 

If the defendant elects to exercise his right to a jury trial, jurors will be selected and the trial will begin. The criminal complaint infers that the trial pits the prosecution against the defendant. That would lead one to believe the defendant is the one on trial. That’s not true because it’s not the accused who is on trial, it’s the evidence against him that is on trial.

You’re saying to yourself, that’s crazy, the defendant is the one accused, so he’s the one on trial, and if he loses, he may go to jail. While it’s true that if the defendant is convicted he could very well go to jail, it would be more accurate to say that the evidence is what is on trial, and that it must be of sufficient weight to convince a jury of the guilt of the accused beyond a reasonable doubt. So then, who carries the burden of such proof? 

The burden of proof is always on the prosecution to prove the defendant’s guilt, and it must be done with competent evidence. The court will advise the jury that they must make their decision based solely on the evidence admitted during the trial.

With very few exceptions, the defendant has no burden of proving his innocence; he need not present any evidence or testimony, and the jury will be instructed by the court that no adverse inference may be drawn from the failure of the defendant to testify or present evidence on his behalf.

So, the next time you hear someone complain that the defense attorney is shielding his client by putting the officer on trial, you’ll now know that is more true than false, and that’s the way it is supposed to be. That fact often presents more than a minor problem for the prosecution. There is a reason for that.

It is true that law enforcement officers today receive excellent and very thorough training, both in colleges and at police academies, on all of the skills needed to be competent and prepared to go onto the streets of their cities and towns to protect and serve the public, and they do so in a very remarkable and courageous manner.

However, on the other hand, they receive almost no training which prepares them to go into a courtroom to present their evidence. As a result, many police officers believe that once they make the arrest, the job of getting a conviction is on the prosecutor. The prosecutor is the one who must ride into court on his great white stallion, and through his brilliance, sway the jury into believing the allegations against the defendant.

Actually, it is the officer who is the key player in the production that is a criminal trial. Not to minimize the need for competent lawyers on both sides, but the case will almost always rest upon the preparation and testimony of the investigating officer. If he is ill-prepared to take the witness stand and defend his work by providing proper and competent testimony, the case, no matter how compelling the evidence might have been, will most often fail.

If the officer/witness is confronted with his written report, and if it is weak and incomplete, then his testimony will also be weak and insufficient. In court, a police officer’s written report is his partner, and any weaknesses in it will be exploited by a competent defense attorney. Yet, almost none of the police academies provide training for their students on the proper manner of including into their reports all of the relevant and important information, statements and evidence gathered during the investigation. Neither are they provided information on how to combat the many pitfalls that await the officer on cross examination. 

Having spent 32 years as a criminal trial lawyer, 17 of them as a prosecutor in both state and federal courts, and 15 as a criminal defense attorney, I can tell you through experience that I found most local, state, and even federal law enforcement officers to be woefully unprepared to go into court to testify adequately. I spent a lot of time searching for instructive text on that subject and found no complete works had been done on those subjects. I decided to write one myself and did so. The Police Officer in the Courtroom, published by Charles C. Thomas of Springfield, IL, has been picked up and used by an increasing number of police officers, and I hear from many of them telling me how helpful it has been for them. In fact, several colleges have incorporated my book into their criminal justice curriculum. More information on that text may be found on my website at mysterywriterdonlewis.com. 

I am retired from the courtroom now and am using my experience to write crime novels. In almost all of them there is an occasion to see illustrations of how competent investigations can fall short because of an ineffective presentation by the police officer.

 

This is in no way an indictment of the police. Over the years, I have come to know many police officers and agents, and I have a great deal of respect for the dedication, perseverance, and courage they display in the performance of their duties. They aren’t the ones to blame for their predicament; they aren’t the ones who make up the curriculum at the schools and academies. The organizations they are joining are the ones who should recognize the need for such training.

 

If you thought this blog to be important or interesting and informative, please pass it along to your friends.

donlewis@sccoast.net                                    www.mysterywriterdonlewis.com

 

 

The Amish Murder Case

donlewis@sccoast.net                          www.mysterywriterdonlewis.com 

In March of 1993, a man named Edward Gingerich became the first Amish person in American history to be charged with murder. The incident occurred in an Amish community in Crawford County, Northwestern Pennsylvania. The case went to trial in March of 1994 and the defendant was represented by an attorney appointed by the court. I was that attorney.

 

On the night of his arrest Ed Gingerich was housed in the Crawford County Jail. The next day I received a call from one of Ed’s “English” friends asking if he and others could hire me to represent Ed. Since they were unable to meet my fee, I declined. Murder cases take a lot of time in preparation, pre-trial matters, and trial.

 Several days later I was approached by Crawford County President Judge P. Richard Thomas who asked if I would be willing to take the case as court-appointed counsel. It would pay less than what the prior caller offered, but when a favor is asked of you by the president judge of the county it’s a good idea to comply.

On Monday, March 21^st, 1994, the case of the Commonwealth of Pennsylvania vs. Edward Gingerich went to trial in the Crawford County Courthouse.

Relying on the “Insanity Defense,” an affirmative defense, I had the burden of proving by a preponderance of evidence that at the time of the commission of the homicide, my client was unable to understand the nature and quality of his actions or could not distinguish between right and wrong. Therefore, the sole issue in the case was Ed’s mental condition at the time of the killing. The fact that Ed had caused the death of his wife was not at issue. He killed her. The only question to be decided at the trial was Ed’s mental condition at the time.

As the trial proceeded, a total of 21 witnesses took the stand, only seven of whom were prosecution witnesses. As the attorney for the defendant, among other witnesses, I called to the stand two psychiatrists, a toxicologist, and a psychologist. The prosecution offered no witnesses to contradict the defense.

Following the jury’s deliberation, Gingerich was found “Not Guilty” of murder in the first and third degree, and voluntary manslaughter, all felonies.  He was found “Guilty” of involuntary manslaughter, a misdemeanor and was sentenced to the maximum sentence allowed by law, 2 ½ to 5 years confinement.

In late January 2013, I received a call from a woman representing a production company which had contracted with the Identification Discovery Network (ID network) to do a program on the Gingerich case. I was asked to go to New York City for an on-camera interview regarding my participation in that trial. I agreed, and on Sunday, February 3^rd, the interview took place in an office in Manhattan.

 

I asked what the interviewer would expect of me and was told that she had prepared a number of questions and that I should answer them as well as I was able.

 

I found myself in a strange situation; not because of the subject matter or the questions, but rather the manner in which the interview was to be conducted. I sat in a chair across from the interviewer, Ruth, but we weren’t facing each other.

 

Between us and to the side there was a monitor about the size of a 30” TV screen. The two of us and the screen formed a triangle. Looking into it I could see only Ruth, and she could see only me. I still don’t know how that works. It was strange hearing the questions come from one direction and seeing the speaker in another.

 There were times during the interview when I turned toward Ruth rather than her image on the screen. Oops.

“Mr. Lewis,” the technician said on those occasions, “please face the monitor and not Ruth when you answer.”

“Yes sir,” I replied, each time.

Although the program will be only an hour long, my interview lasted for 2 ½ hours, so I don’t know what will be edited out. When it was over, Ruth asked me if there was anything I wanted to see in New York. I had been to New York on other occasions and had seen all of the main attractions, so I said, “Yes, I’d like to go to Lombardi’s Pizza,” supposedly the number one pizza shop in the whole country. Ruth laughed and said she thought that could be arranged, and thirty minutes later I was there eating pizza. It was okay but, “the best pizza shop” in the US? I don’t think so. We have several shops right here in Myrtle Beach I think are a lot better. But I am glad I had the chance to go there. I would always have wondered.

The production company was first class all the way. They flew me up on direct flights from Myrtle Beach to LaGuardia and back, picked me up in a limousine, took me to a nice hotel, and paid for my food. They didn’t offer to pay a fee and I didn’t ask. I requested only that they ask me what I have been doing since I retired from my criminal law practice. They did and my response was that I have been writing crime/mystery novels with four published to date. If your name isn’t James Patterson or John Grisham you need every bump you can get.

They told me that the show would be aired on the ID network sometime in late spring or early summer. If you happen to watch it and haven’t seen me for some time, don’t be alarmed by my appearance. They made me gain 50 pounds and dye my hair white for the interview. 

 donlewis@sccoast.net                www.mysterywriterdonlewis.com                     

Do You Have a Story to Tell?

www.mysterywriterdonlewis.com                                                                                             donlewis@sccoast.net

            Writing provides a wonderful outlet for the expression of thoughts and ideas, and I recommend it to anyone who would enjoy sharing their creativity with others.

Telling a story can stir a variety of emotions within the writer, and depending upon the genre, can take the writer from the heights of the emotional spectrum to its depths. Fictional novels and works of non-fiction that report on the action and dramatic episodes of real people probably create the greatest array of emotions. If there is a basic rule for writers it would be that they should write about subjects they know and understand.

Most writers, no matter the gender, will admit that they become immersed in the characters they create, and are to some degree at least temporarily embedded in the trials and tribulations experienced by those characters. In a way, the writer becomes the character. He can feel the anger, the sympathy, the passion, the elation or depression experienced by his characters.

To the writer, the story sometimes seems to take on a life of its own, often causing him to feel as though he is being pulled along by the story, a passenger on it, if you will, rather than the creator of it. There have been times when I felt as though I was writing as fast as I could just to keep up with the story. It was as though the story was creating itself and all I was trying to do was to capture it on paper. For example, by the end of my first novel, Satan’s Boots Don’t Creak, my fictional character, J.D. Banks, a criminal defense attorney, felt like a real person to me. I felt I could pick up the phone and call him. The only problem there is that I forgot to give him a phone number.

The best part of this is that you don’t have to be a John Grisham or James Patterson to enjoy the experience of creating life-like characters. We may not be able to do it as well as they do, but we all can do it.

As each story evolves, I feel the emotive of the scenes. I feel the tension, concern, melancholy, pride, and remorse experienced by my characters. The writer must be aware however, that the tension and realism he has created can carry over into his real life. While the reader is capable of a mood-changing experience by being carried into the story, the writer feels responsible for it. It’s his creation, and aware of it or not, in many ways part of his inner self is revealed.

If a writer feels the humor in a scene he is about to construct and develop, he should show, and sometimes even highlight, that humor in his story. Even in the most serious and dark novels, a spot of humor here and there is most welcomed by the reader. A powerful mental state, good or bad, set into motion by the writer can influence the minds of writer and reader; another reason why the writer should be aware of the mood he is likely to create in the minds of his readers. Injected humor can help to lessen the impact of a negative mood the writer may generate.

There are many reasons why people decide to sit down at a keyboard and begin to write. Some feel a need to satisfy their creative juices, some need to get their feelings out, to express themselves in a story. For others, the sole incentive to write is to gain commercial success; to make money. Having been a criminal trial lawyer for over 30 years, I began to write to relieve the stress of constant courtroom activity. I soon realized that I really enjoyed putting “pen to paper” as they used to say. Now that I’m retired, I do it because it gives me pleasure and satisfaction to finish a well crafted story.

No matter your choice of subjects, if you have a little patience and try your hand at writing, you will find it an exciting pastime, if nothing else. And with today’s e-book explosion, anyone can be published.

So, what the hell, why not give it a shot? It may take you a little time, but it won’t cost you a dime. Good luck.

If you find this blog entertaining or relevantly informative, please pass it on to those in your email, Facebook, Twitter and LinkedIn lists, and ask them to do the same.

www.mysterywriterdonlewis.com                                                                          donlewis@sccoast.net

Knowing Mickey Spillane

www.etlewis.com                     donlewis@sccoast.net             

While most young people won’t recognize the name, Mickey Spillane, many will know of his famous character, Mike Hammer, private eye.

Mickey was an American icon and, contrary to his rough, tough image, a modest, pleasant, kind, and generous man.

He lived to be 88 years old and died in 2006. He grew up in Brooklyn, New York, and New Jersey. He was a fighter pilot during WWII, but never had the opportunity to serve in a combat zone. He was a flight instructor for young upcoming fighter pilots.

I met and came to know Mickey several months before his death in July of ’06. A mutual friend approached him and told him that one of the women he worked with was married to a former criminal prosecutor and was now a writer of crime novels. Mickey said he always enjoyed talking with former law enforcement types, especially writers. Subsequently, we met at a restaurant in Murrells Inlet, about six miles from my home.

Mickey and I spent over three hours sitting there talking about all the things we had in common. We both had played a little football. He was a pilot; I had been a student pilot, though was never licensed. He was a parachutist, as was I. He was a writer, and though not in his class, so am I.

At the end of our meeting he invited me to visit him at his home at any time. I visited him several times and we talked about writing and the things we liked. He was a fierce patriot.

We often sat in the office in his house. It was a medium sized room with floor to ceiling bookshelves all around. On his desk sat an old Corona typewriter, the one he used to write all of his novels. No computer, no word processor, just that old Corona.

He lived in the same place, in Murrells Inlet for 54 years. His house was on stilts near the water. I noticed that under his house sat a car covered with a tarp. I asked him about it and he told me that while he was in Hollywood consulting on a film being made of one of his novels, he was approached by John Wayne, who was dissatisfied with a screenplay he was working on. He asked Mickey if he would be willing to tweak it some and Mickey readily agreed. Giving the finished product back to Wayne several days later, he was offered pay for his work. Mickey refused.

Walking out of his home one morning shortly after his return, he saw a brand new white Jaguar ragtop with a red ribbon wrapped around it with a note attached from John Wayne thanking him for the help he gave on the screenplay. He told me he drove it one time and then parked it under his house.

Mickey told me that he had sold over 147 million books and didn’t really enjoy writing all that much. I recently read on the Internet that the number was actually 225 million. I can’t explain the difference, but he told me 147. Either way, that’s a lot of books … and a lot of money.

I asked him one day, “Mickey, what was the shortest time it ever took you to write a book?” He replied that it was nine days and he did that several times. Nine days? Hell, it takes me that long to come up with a title.

Very near the date of his death he learned that he had pancreatic cancer. He spent some time in the hospital and when he came home, I went to see him. He was lying on a divan in his office covered with a blanket. He looked bad. He actually apologized to me for not being able to go out to sit on the porch. Here’s a guy dying of cancer and apologizing to me. After about half an hour I realized that he was tired, so I excused myself saying that I’d be back when he was feeling better.

The following week my wife and I were down at the Inlet Square Mall. I bought a get well card, and a small gift--one of those porcelain figurines with an eagle flying over a mountain draped with the American flag.

When I met up with my wife to leave, she was wearing a long face. I asked her what was wrong and she said, “I have bad news. Mickey died this morning.” It was a sad day for me, as I’m sure it was for everyone who knew him.

I kept the gift and it still sits on top of one of my bookcases. One other possession I hold dear is the photo taken of the two of us sitting at a table in the restaurant where we first met. I put it on my website. He looks old, but almost anyone who knows how he looked in his earlier years would recognize him.

He was a terrific guy. We were friends, and I believe given more time, we would have become good friends. I won’t forget him.

www.etlewis.com                                        donlewis@sccoast.net