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Archive for March, 2019

On the day before Christmas, I did not leave the house until the evening. That was OK. It was a grey day with a light drizzle and I was not feeling well. I did not sleep much during the night and the side effects of the cancer treatment played havoc with my body and emotions. I spoke with HRM on FaceTime. He had just finished a day of snowboarding at a ski-resort above Lago Maggiore. He looked well and happy.

HRM at Lago Maggiore

Nikki was there also. He looked pleased but seems to have put on weight. HRM is soon off to England to spend a few days with Adrian’s family after which they will all fly with Nikki to NYC to welcome in the new year among the Times Square throngs.

I rested in the afternoon. Then I prepared to attend the Christmas Eve party with Naida’s children and their families. Naida spent part of the day practicing Christmas Carols on the piano. I concluded that meant we would spend a good part of the evening caroling.

I expected the side effects of the treatment will limit my eating, drinking, and singing. I hoped it would not put a damper on anyone’s enjoyment.

I remember, one night in Sicily about 50 years ago following the local automobile races. The participants and their families gathered at a large farmhouse among the vineyards. The old grandmother, who was bedridden, insisted her bed be dragged from the bedroom and positioned in the center of the salon. She spent the evening lying there telling all who would listen that she was happy everyone was having such an enjoyable time singing and dancing and how much suffering her various maladies caused her. It was all great fun. Later my girlfriend and I slipped out of the house and walked through the vineyards until the music and the laughter drifting out from the open windows spread across the hills adding their silver sounds to the silver light of the full moon. There we spent the rest of the night until the first light of sunrise brightened the eastern skies somewhere beyond Mt. Etna.

Shortly before we were to leave for the Christmas party, I gave Naida the present I had bought her, a large brown leather purse. She was distressed that the present she had gotten for me had not arrived yet. She rushed out to the mailbox to see if there was a late night delivery.

She returned carrying a large box and happily announced, “It arrived!” She then left me to open the box, took the purse and went upstairs to prepare herself to leave for the party.

I set about cutting away through the tough cellophane tape that bound the box closed. After a while, I had severed enough of them to be able to rip open the box. In it, I found the box filled with dried flowers. Lot’s of dried flowers.

Now, I have learned in the past few months that Naida’s thought processes could be quite subtle and so I decided not to jump to any conclusions and spent the next 15 or 20 minutes attempting to unravel the conundrum of symbols and goals that this gift, one of love I was sure, represented.

I couldn’t help but recall the 0’Henry story of the down and out Babbitts of NY. She who cut off her magnificent hair to purchase a watch fob on which he could hang his grandfathers pocket watch of which he was so proud and he in turn selling that same watch in order to buy her a glorious baret to display in her hair.

Eventually, I gave up trying to rationalize my way through the puzzle and carried the box upstairs. There I found Naida in distress. “I cannot find the purse,” she exclaimed. “It just disappeared.” Now, this was not some little purse, but one of those giant ones that someone could carry everything they own in it, even a small car. We searched everywhere. No purse.

I then showed her the box of dried flowers. “No,” she said, “it’s supposed to be a Hat. The winter hat you wanted, not dried flowers.”

We eventually reasoned that the dried flowers belong to one of the medical students living with us who plans to wed in a month or so. “But,” she said, “where’s your hat?”

We drove to her daughter’s house. Along the way, I noticed Naida appeared distressed. I asked her what was that matter. “I must be losing my mind,” she replied. “First, your present to me disappears and then there is no hat.”

The party was pleasant. We sang carols. Naida and Jenifer, her daughter, played the piano. I was a little too ill to fully enjoy it all.

Caroling in Sacramento.

After returning home, I climbed the steps to the bedroom with the dog trailing along behind. He scooted over to his bed and sat in that proud erect way dogs sometimes do. He stared a slightly arrogant stare into my eyes. “Oh ho,” I thought, “what do we have here?” I looked closer and saw a small patch of brown leather peeking up from a fold in the dog blanket. He glanced were I looked. He knew he was caught out. He tried to resume his arrogant look but could only manage shame. “The game is up.”

Apparently, while Naida was otherwise occupied, he dragged the leather purse to the dog bed — the purse being about the same size as the dog bed. He carefully tucked it in the bottom so it lay perfectly flat. He then dragged over one of his blankets and tucked that in so that the purse was well hidden.

I called Naida to come upstairs. When she arrived, I told her the story and added, “See you are not going senile at all.” She seemed dubious. “Look at it this way,” I said. “We solved not one but two mysteries. We had a good time at the party. We discovered our dog to be a master criminal and we came away with a great story. What better Christmas could one have.”

She remained dubious. “Yes,” she drawled, “but what about your hat.”

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About two years ago, here in T&T and in my blog Papa Joe’s Tales (https://papajoesfables.wordpress.com/2015/11/02/what-ever-became-of-one-punch-sammy-santoro/?iframe=true&theme_preview=true), I wondered what had become of old “One Punch” the terror of my neighborhood during my adventures as a teenager. I was convinced that Sammy (along with Pat Buchanan an acquaintance of my college years) would undoubtedly end up in the electric chair. A year or so ago, a reader of the blog notified me that Sammy, in fact, ended up in prison. “Where else would he be?” he added waggishly. This past week, another reader sent me the following:

“SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1979.NY.41511 <http://www.versuslaw.com&gt;; 414 N.Y.S.2d 583; 68 A.D.2d 939 March 26, 1979, THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.SAMUEL SANTORO, APPELLANT Damiani, J. P., O’Connor, Lazer and Gulotta, JJ., concur.”

“Damiani, J. P., O’Connor, Lazer and Gulotta, JJ., concur.
Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered April 19, 1978, convicting him of murder under former subdivision 2 of section 125.25 of the Penal Law, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant was indicted and convicted of the “depraved mind” murder of Anthony Aiello, the three-year-old son of his paramour. The victim’s mother, Sadie Aiello, was the principal witness for the prosecution. She testified that defendant had moved in with her in January 1970, and had taken charge of the feeding and “discipline” of Anthony. The “discipline” included frequent beatings which resulted in serious injuries and the infant’s hospitalization on two occasions. In February 1971 she moved out with her children because of her concern about Anthony’s well-being. However, she returned with the children to live with defendant on March 1, 1971. On March 11th Anthony died after being beaten and strangled by the defendant. Defendant and Sadie Aiello initially told the police that Anthony’s death was caused by his fall down a flight of stairs. Six years later she appeared at the District Attorney’s office and reported the truth about the events of March 11, 1971. In our opinion, the trial court correctly charged the jurors that they were to decide, as a matter of fact, whether Sadie Aiello was an accomplice whose testimony required corroboration (see CPL 60.22). We cannot agree with defendant that Sadie Aiello was an accomplice as a matter of law. Neither her decision to return to live with defendant nor her conduct in concealing from the police the true facts concerning her son’s death constituted participation in the offense charged or an offense based upon the same or some of the same facts or conduct which constitute the offense charged (see CPL 60.22; People v Le Grand, 61 A.D.2d 815). Since the evidence did not conclusively establish that Sadie Aiello was guilty of such an offense by virtue of her conduct on March 11, 1971, the issue of her complicity was properly submitted to the jury (see People v Basch, 36 N.Y.2d 154). We agree with defendant that the court’s charge on the definition of “recklessly” was misleading. However, since no exception to the charge was taken, the question was not preserved. Moreover, the court, in a response to an inquiry from a juror subsequently correctly charged the definition of “recklessly” and thus cured any ambiguity. The trial court properly admitted evidence of defendant’s prior assaults on the victim to negative the defense of “accident” (see People v Henson, 33 N.Y.2d 63). Defendant’s remaining contention is without merit.”

Alas, Sammy escaped the death penalty as it had previously been declared unconstitutional by the NY Court of Appeals. I do not know if he remains in prison or if he is even still alive. Pat Buchanan, on the other hand, unfortunately, remains free.

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A. POOKIE’S ADVENTURES IN THE ENCHANTED FOREST:

These are gloomy days. Moody skies cover the Enchanted Forest as the winter storms pass over the Great Valley. Threatening they may look, but they leave behind only a ceaseless cold drizzle and little silver droplets on the branches of the trees — the only bright spot in the muted and silent landscape. I assume the storms reserve their wrath for the mountains depositing layers of new snow to the delight of skiers and those who fret about reservoir levels.

My mood is bleak also. There are three daggers aimed at me now. My cancer of course, but also an enhanced threat of infection and a shut down of my ability to pee threatening irreparable damage to my kidneys.

Naida had a bad cold. We walk around the house with masks on, wash our hands constantly and I try to avoid touching places she has touched as though…well, as though a dread disease lurks there — which of course it does. As Rosanna Rosannadanna says, “It’s always something.” And, at my age, that is probably truer than ever.

My daughter Jessica is in San Francisco, thanks in part to the government shutdown and to attend a funeral she is hesitant to talk about. I am very excited to see her. It has been a long time, perhaps two years, maybe more.

(Note: As I type this, I am also watching a movie about Giant carnivorous rabbits attacking a town in the western US. This has got to be the nadir of my existence.)

During the past few days, a lot of the usual annoyances of life sped by — towing my car and the rush to get it out of the pound, confusing discussions with pharmacists and medical professionals, and so on. Naida remains sick, Trump remains not my president, life continues as it usually does until it doesn’t, and I find myself unusually bored. But, tomorrow is another day (Scarlett O’Hara).

On Sunday, my daughter Jessica arrived. She drove up from San Francisco to see me. Seeing her after almost three years made me very happy. It has been too long. She looks well. She’s recovering from a series of concussions she experienced playing soccer over the years. The concussion injury to her brain caused several perception and other problems. We talked about our various maladies and other things. He Who is Not My President’s governmental shutdown has had one good result, my daughter, furloughed by the shutdown, was able to return to California and visit with me.

It is now Tuesday night. What I wanted to write here since that time has passed on from when I thought it important or at least depressed enough to think so. It appears another of my medicines had caused an allergic reaction that resulted in me wanting to simply give up. It has passed.

I don’t often give up. Not giving up has always been important to me. In the almost incessant fights I found myself in during my youth, I would not give up no matter how badly I was beaten. And, I was beaten most of the time.

During my years as a trial lawyer, I asked only to be assigned cases no one in the office would touch because they believed those cases were losers. I still managed to amass the third longest string of consecutive victories at the beginning of a career in the history of New York (while also losing my marriage because of my obsession).

I refused to be daunted by opposition from the medical profession and my own colleagues in setting up NY’s Mental Health Information Service that reformed NY’s mental health hospital system from the horror it inflicted on my mom and innumerable others. It became the model for the nation. That agency still exists today.

There was no option for me other than the approval of California’s Coastal Program as it was expected to be, and the successful establishment and financing of the innovative California Coastal Conservancy no matter the cost to me (another marriage) and to those that worked for me. That occupied 13 years of my life.

The same can be said for the law firm on whose management committee I served and obsessively fought against often unanimous opposition to alter the economic and social mores of the firm for the benefit of the workers, women attorney’s and the firm as a whole by, among other things, demonstrating that the health and profitability of the firm did not depend solely upon the efforts of those with the largest books of business who inevitably end up plundering the firm for their own benefit. The health of a firm depended as much upon the lowliest of paralegals and junior partners and that balanced practice groups are necessary in order to weather the effects of the various business cycles and that those groups adversely affected by a business cycle should not be punished by those groups benefiting from the cycle (e.g., bankruptcy and real estate often operate on opposing cycles).

As a member and later Chairman of California’s High Speed Rail Commission during a period when it appeared to be foundering, I put it back on track so to speak, by pushing through its EIR, changing its tendency for locating its stations at the edges of the cities to bringing them downtown where they would revitalize the communities, developing the concept of the HS network as a backbone transportation system for California whereby multiple regional transportation systems could connect to the downtown stations and service the entire region; and finally fighting against the rapacious efforts of the four of five large engineering firms who sought to control the process for their own benefit and who, I believe, can be blamed for much of the criticism HSR has been subject to since I was removed by Governor Schwarzenegger over the issue.

On the other hand, when I lost (most often a marriage), I usually ran away and started again and again somewhere else. From New York to Pennsylvania, to Rome Italy, to back to the US, to San Francisco, to Thailand, to The Golden Hills and now to the Enchanted Forest. In each place, often penniless, I licked my wounds, struggled with despair, indulged in excess and dreamed of renewal, a new life somehow somewhere, and ultimately I moved on. There was, however, even during these times always something I could not give up on, first Jason, then Jessica and now HRM. I may not always have been successful in their view, but I tried and they kept me more alive and happy than I am sure they believe I have benefitted them. But no more now, they are grown (perhaps not HRM) and despair now is reserved for those times when the pains and discomfort of my various maladies become too much and instead of not giving up, I sometimes long for the peace of oblivion.

Talk about depressing things, the HAC just towed our automobile again. I left them a nasty message and threatened to sue them.

B. UPDATE ON THE MYSTERIOUS ORB.

For those interested in the odd adventures of the Mysterious Orb, it has moved slightly from when it emerged from the bush behind which it had been hiding to show Nikki the way to our house. It has now rolled on a short way and appears to be intending to hide behind another bush to await for whatever the orb waits for next.

It moved from its hiding place behind the smaller bush on the right where it had hidden for a few weeks to the center of the space where Nikki saw it. The Orb has since then moved on toward the bush on the left. Whether it will choose to hide behind that bush or proceed on up the alleyway, I can only guess. I await the next episode in the adventures of the Odd and Mysterious Orb.

The Mysterious Orb —Photograph Taken From Our Garage.

Today about four days after the above was written, the Orb made its decision and is now well hidden behind the bush on the left.

A few days later, during an early morning walk, I passed by the alley where the Odd Orb was hiding. I noticed one of the Turkey Gangs pecking around that part of the alley near where the Orb was hiding. It got me thinking. Do you suppose it is the Turkey Gangs that are moving the Orb around? The birds are big enough to do so. If so, why? Another mystery.

C. OFF TO THE BIG ENDIVE ON THE BAY.

First, we bailed the car out of impoundment. I grumbled and plotted revenge on those I believed targeted me specifically. On the drive home in response to my complaints, Naida said, “I guess we know now that there is a wicked witch in the Enchanted Forest.”

Then we spent some time on our computers doing last minute things. Finally, we and the dog set off to the Big Endive on the Bay. We arrived at Peter’s house in late afternoon. My daughter arrived soon after. We had a pleasant evening reminiscing. Jessica planned to leave on Friday to go back to Washington DC. I will be sad to see her go I do not know when I will see her again.

The next day I met with my doctor and received the first glimmer of good news in at least the past three months. He said that cancer had shrunk enough to bring the possibility of an operation to remove it before the board of surgeons. They then efficiently scheduled all tests and my infusion to occur the remainder of the day.

That night we had dinner at a local Italian Restaurant that I used to enjoy when I lived in that neighborhood years ago. It used to cost about $10 for the same meal I enjoyed that night. Now, that same meal cost me $70. Nothing had changed but the wealth of those that now live in the neighborhood.

Later, Hiromi and my granddaughter Amanda arrived at Peter’s house for a visit.


D. BACK TO THE ENCHANTED FOREST.

We returned to the Enchanted Forest on Friday. On Saturday I drove into the Golden Hills to drive the Scooter Gang around. While we were driving HRM turned to me with a big smile on his face and said, “Pookie, I have a girlfriend.” How does one respond to that? I settled on, “Good for you” and high-fived him. Now I worry.

Among the books I have read so far this month was James Lee Burke’s most recent Robicheaux and Purcell saga. The boys are getting old — and they know it. They still, however, act like adolescents while Burke places in their minds the sorrows and sadness of aging heroes approaching their end. Although, the novel takes place by Bayou Teche in Louisiana and Monument Valley Arizona, the epilogue has Dave, Clete and Dave’s adopted daughter Alifair recovering from their efforts and injuries in a motel in Bodega Bay California and traveling up and down Highway One for entertainment.

Alas, I just got word that Lucia’s bar in Sacile, a place I always considered the happiest place on earth, is no more. It has succumbed to the downsizing of the nearby American military base and the Italian economy’s multi-year depression. Lucia is now working as a barista in one of the other cafes in the town. This is all so sad.

I am losing my hair as a result of the chemo. Great gobs of hair flitter down from my head often falling into my food as I eat, making it even more unappetizing than usual. It all amuses me. If it continues I will become the first person in my direct ancestry to go bald in at least five generations. My head looks like it is covered with down.

hemothera

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When one loses a word from memory or from a computer-saved document, it can be quite distressful. Especially if like “spitfire” it is difficult to replace. We recently lost, or perhaps not lost but misplaced, the word “spitfire” from Naida’s draft memoir. We were understandably upset and spent a considerable amount of time and effort looking for it — alas, with no success. It did, however, make quite a story. Unfortunately, it was a story with no end. After all, once you’ve lost your spitfire, what can you do?

Actually, “spitfire” was what two full grown men called the 14-year-old girl who fought off their attempt to abduct and rape her. Twenty years later another man tried the same thing with the same woman with the same results. She is not a “spitfire,” she is a heroine because none of the men were punished by anyone but her alone.

“Spitfire” is not alone in her experience. As “me too” movement demonstrates, it is a tragic event in the lives of all too many women.

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