Wednesday, July 13, 2011

HOW DOES THIS GARDEN GROW



I want to

Plant stones,

And have flowers spring

To life in every color

Stolen from the rainbow.

Do the leprechauns know

That their gold is now exposed?

Beneath the stones

I plant, where seeds

Slough off,

Life awaits.

Without stones,

Where will I find fire?

Without fire, how do I stay warm?

Cook food?

Sterilize my implements?

Without rainbows,

Where will artists flock

To gather visions

From the muses?

Where flowers grow,

Stones gather--

Names carved deep,

Final messages written

Stones from flowers/

Flowers to stones--

Life discarded

By the faithful

For the future-perfect,

Life dislodged from its pedestal,

And shattering,

Giving birth

To small stones--

Seeds of all kinds,

All colors,

Genus--

There is no such thing

As a weed

Arising from this soil.

Wildflowers only

How does this garden grow?


Copyright (c) 2011 by the author

MIDNIGHT RADIO




Pounding sound,

Percussive,


Persuasive

Propulsion


Instigating

Movement.


Instinctive retreat:

From a distance,

Perhaps


The pulse

Gains clarity,


Loses its threat,

Gains its value,


Recovers its beauty,

Recording its passage


A wave

To break


Against a shore

Somewhere


Distant,

And a harmony


Can be found

For what is now

Just Noise.


Someone feels a need

To share their playlist


As the calendar flips,

Digits roll,


Dreams meld, one

Into the next,


Windows are open,

Freeing this cacophony


To find its way

Out into


The cosmos,

Wave after wave


En route to

The beginning of time.


Billions of

Eardrums


Yet to

Be pierced.


COPYRIGHT (C) 2011 by the author



Friday, July 1, 2011

WINTER FRUIT



(for North Dakota)



The river dances

With power

Of melting snow

Along

And threatens

To overtop its banks,

To wash away

Levies of sweat equity

To take adverse possession

If only for two weeks--

Or maybe four,

Maybe six--

Before relinquishing

Its occupancy

Of houses, farms, fields.

Fear runs

As cold as the water,

As fast as the current,

Southward,

Eastward,

Westward--

Wherever

It can carve a channel,

Cut its way

Into the heart

Of a life

That it once

Bordered.

Cold, cruel fluid,

Moving quickly,

Carrying

Winter out of spring

And into summer.

They dream hopelessly

Of binding up

Wounds,

But wait

For winter’s fruit

To fall

Before new life

Can be replanted.


Copyright (c) 2011 by the author

A MADNESS


(for Melissa)




Within the safety

Of madness,

No words need be spoken:

All doors and windows

Are secured,

Keeping the world at large

At beigh.

The words bounce,

Breaking down

Into syllables

Without meaning,

Sounds without

Translation--

There is no dictionary

For the pain,

The confusion,

The fear

And anticipation.

Not all doors

Are physical,

Wood or metal,

Accessable

Withselected keys

That hang from a ring.

No reasons,

No stories,

No contact allowed,

No affection,

No attention to be paid

To ragged rage,

Slender fear

That slithers

Up and down

The spine,

Along the tongue,

Entangling,

Eating wordswhole

With one quick snap,

Leaving

Bitter silence.


COPYRIGHT (c) 2011 by the author

Tuesday, June 21, 2011

I have power






Thank God

For the words

That keep

My blood

And bone

Safely contained

Within my skin.

Words on the page

Are equivalent

To a cut

Intentionally inflicted.

When the words

Won’t come,

This is when I am afraid.

Without language

To spill onto the page,

All my insecurities

Race back

And forth

Between

Brain and fingers

In search of

An exit.

Words--

His words--

Free me

From my demons,

From my hatreds,

From my loves,

From my hurts.

September 30, 2010, the last

Infliction,

My last relapse,

My last raising

Of questions

For which I had

No answer.


A public act

On the bus

On my way home





After my first class.

Why?

How?

No hiding--

I wore a sleeveless dress,

Cut myself on my shoulder

With my house-key.

I found blood--

I saw red--but

Was unsatisfied,

Uncalmed,

Unimpressed.

And so,

I stopped

Though the reasons

Haven’t changed,

The impulse still comes,

The emotions still rise.

“Leave me alone: I am

Enjoying this day,

This life,

This choice.

Leave me alone.”

And the demons--

They listen.

I do have power.


Copyright (c) 2011 by the author

Saturday, June 18, 2011

CURVES AROUND MIDNIGHT






The curves

Around

Midnight

Lead,

Eventually,

Inevitably,

Seductively

To the precipice

Of dawn, night

Falls away,

Reminded that

It has to descend

In some other time zone,

Some parallel life,

The closing quotation mark,

The final word

Spoken somewhere

Over the horizon.

Somewhere,

Through an open window, a radio

Continues pulsing

Music though

The child it comforts

Has lost the fight

With sleep.

The music plays,

Favorite songs

Go unheard,

Commercial jingles,

The announcer’s voice

Trills out another

Advertisement

Selling everything

To no one

Until the daylight

Trips the alarm,

Day has arrived

To invade the dream world:

Gone, that conversation

With that person

Impossible to reach;

Gone, that visit

To that corner

Of the world;

Back, now,

To life as we

Know it,

As we believe it,

Ready or not,

Here we are,

Bruised

From the fall

From grace,

But breathing--

Still breathing.



Friday, June 17, 2011

MIRANDA V. STATE OF ARIZONA





In re: Miranda v. State of Arizona



FACTS

The Miranda case arose from a police interrogation of a mentally disabled Mexican national.. Miranda was brought in for questioning about a series of kidnappings and rapes that had occurred.

He was taken to an interrogation room.

He was not informed of his right to protect himself against self-incrimination.

He was not informed that he had the right to have an attorney present.

He was not told that if he could not afford an attorney, one would be provided for him.

Two hours after interrogation began, police officers emerged with a confession.

At trial, based on the credence of the police, the admission was entered into evidence.

When the case reached the U.S. Supreme Court, it was one of four similar cases that were taken up at the same time. Of the four cases, three had emerged with signed written confessions to the crimes, and one had ended up with an oral confession.

RULE

For the most part, prior to Miranda, police were routinely given the benefit of the doubt when it came to confessions being entered into evidence. Constitutional protections did bubble up from lower courts, but law enforcement was given broad authority with little judicial oversight.


ANALYSIS


As far back as 1897, in Brown v United States, 168 U.S. 532, 542, 18 S.CT. 183, 187, the court had had to wrestle with the needs of law enforcement versus the rights of defendants.


In the seven decades between Brown and Miranda, the high court had ruled on several matters relating to fourth amendment issues of illegal search and seizure. But it was presumed that society knew its rights, and therefore it was not necessary for officers to inform those they questioned that there were protections available to them.


With Miranda, the court was faced with a respondent who was mentally challenged, someone who was a foreign national, someone who may have had a limited grasp of the English language.


Respondent was taken to an interrogation room, faced with only police officers, with no one to defend him. After only two hours, officers had their confession.


This case shattered the illusion that everyone knew, or should have known, their constitutional protections. If this respondent could be coerced into a confession, with no one to contradict the presumption of police infallibility, then who was truly protected?


One by one, the Warren Court examined the rights given by our Constitution. And one by one, the high court sought to clarify just what those rights were, and what the corresponding responsibilities were for the law enforcement bodies sworn to protect us.


It was argued in Justice Harlan’s dissent from this decision, and is being strenuously argued today, that the Miranda Warning was not, and is not now, truly a necessary part of police procedures. But as has been shown in numerous cases over the past years, abuses of authority still continue. As long as they exist, so should the warnings afforded by Miranda.


Even in a world with the internet, with globally-syndicated American programs, there are those who don’t always know what their rights are, despiteprotestations from certain political quarters.