. . . when the law goes too far.

We live in a world in which placing the blame is often more important than fixing the problem, and based upon the events that are unfolding in Western Pennsylvania and its border state, Ohio, over the past week, the case of Butler County v. Punxsutawney Phil Sowerby may end up being a classic example of how the powers of law are often abused by small-minded officers of the court bent on personal revenge.

That is one way to look at the situation, but if claims made by the Sowersby family are found to merit closer examination, what this may actually be is another case of Corporate Greed and the abuse of the law by underhanded Corporate Stooges seeking to possess information that clearly does not belong to them, which is just the sort of activities that the Occupy Movement has been trying to warn the world about since its founding in September, 2011.

Punxsutawney Phil facing possible Capital Punishment

According to Butler County (Ohio) Prosecuting Attorney Michael T. Gmoser, he awoke on the morning of 22 March 2013 to a cold and blustery day and, not content to embrace the suck and live through another cold day in Ohio, resolved to make a difference and do something about it. 

Reasoning that he was put in charge of the Butler County Prosecutor's Office specifically to look out for and protect not just the interests of the citizens of that county but, if we stretch the point, the rest of Ohio, and also to protect them from the knowing actions of criminal scammers and scams of all types and sizes. 

Prosecuting Attorney Gmoser has been accused of abusing the law.

That realization sparked a series of thoughts in his mind as he awoke and went through the process of completing his morning ablutions.  According to a highly placed and very reliable source who wishes to remain nameless, the decision on whether or not to indict and charge a defendant is often made either in bed, in the shower, on the toilet, or during long lunches.

Gmoser is portrayed as a family man with a hands-on approach to every aspect of life, from raising children to prosecuting the bad guys in court, and likes to use anecdotes drawn from his everyday life as he addresses the Jury in closing arguments.  

The Anatomy of an Indictment

Gmoser is rumored to be in the process of creating three new motions and a discovery document to file with the court in the case of Butler County v. Sowerby, with sources claiming that he will be filing a request for funds to pay three expert witnesses to support a possible added charge of Interfering with Air Traffic Controllers, which while it is a stretch, could force the defendant to hire at least three new attorneys in order to defend the charge.

That is not an unusual tactic for Prosecutors today; adding additional charges often forces a defendant to seek a plea agreement due to the added expenses of defending themselves in multiple jurisdictions and courts.

His decision to begin the long and involved process of bringing charges against Sowerby was no different than the same decision on other cases, according to a source in his office.  "You have to have resolve and pretty good legal skills," the source advised.  "Plus being really pissed off at the defendant helps.

The charges that Gmoser intends to file include fraud and deception, and though such charges rarely include application of the death penalty, Gmoser has made it crystal clear that he intends to seek the death penalty in this case, reasoning that the circumstances of Sowerby's ongoing criminal enterprise warrants that level of punishment.

"Punxsutawney Phil did purposely, and with prior calculation and design, cause people to believe that Spring would come early," the indictment reads.  

Phil exercising his 1st Amendment Rights to Predict Weather

Concerned about the broad-reaching consequences the alleged fraud may have, from the financial risks that are posed to businesses and investors who rely upon the predictions made with respect to the arrival and the nature of Spring for investing, for the process of determining when to begin construction projects, and a host of other large value projects, Gmoser points out that the scammer he is going after in this indictment poses an ongoing and serious risk to society.

"He's already serving a life sentence behind bars, as you know," Gmoser told reporters from television station WXIX. Convinced that he intentionally misled the nation, Gmoser feels that the only right action is to apply the most extreme punishment allowed by law.

"I woke up this morning and the wind was blowing, the snow was flying, the temperatures were falling, and I said 'Punxsutawney, you let us down,' " the prosecutor told WXIX.

Who is this Criminal Meteorologist?

 

Punxsutawney Phil Sowerby, of 301 East Mahoning St., Punxsutawney PA, is by all accounts a quiet law-abiding family man and resident of Punxsutawney, a borough in Jefferson County, Pennsylvania, in the United States. 

He has no criminal record, and other than his hobby as an amateur meteorologist, holds no professional licenses, bonds, or permits according to our inquiry with the Pennsylvania Secretary of State's Office.  

According to a statement made by his wife, Phyllis Sowerby, who declined to be interviewed by the press, Phil is being targeted by Cincinnati-based Fortune 500 mega-corporation Procter & Gamble, who she is convinced is using Gmoser as a legal stooge in its efforts to put pressure on Sowerby to reveal the source for the “elixir of life” that is allegedly behind his unusually long life -- the amateur meteorologist is rumored to be celebrating his 125th birthday this year.

“Proctor & Gamble want the formula and they will stop at nothing to get it,” Phyllis Sowerby is rumored to have said in an interpreted statement to local police.

The police in Punxsutawney appear to be taking the claims seriously, and have relocated Sowerby and his family to a more secure safehouse located adjacent to the Punxsutawney Police Station at 301 E. Mahoning St., Punxsutawney, PA. 

The safehouse is wired for both sound and video, with a number of closed-circuit security cameras that feed monitors at the Police Station that are now being manned around the clock  out of concern for Phil's safety. 

‘‘Right next to where Phil stays is the police station,’’ Bill Deeley, president of the Punxsutawney club that organizes Groundhog Day event warned. ‘‘They've been notified, and they said they will keep watching their monitors.’’

Deeley was not the only member of the community that was quick to jump to Phil's defense: "If you remember two weeks ago on a Sunday, it was probably 60, 65 degrees," handler John Griffiths told WXIX in Phil's defense. "So, I mean, that basically counts as an early spring."

The question of whether there is a Corporate conspiracy involved here is not as important as the other questions and concerns held by the community, who in addition to professing love for their amateur meteorologist also feel that his occasional mistakes should be accepted as the cost of being an amateur; besides which they have a lot invested in his ongoing hobby, which is crucial to the local economy.

According to the Pennsylvania Department of Tourism, Punxsutawney Phil is the biggest tourism draw in the state, followed by the Little League World Series.  In addition to the official forecast which takes place in the morning at Gobbler's Knob, there are a large number of sanctioned and unsanctioned events, including the annual Groundhog Ball, Phil Phest, and six different musical events.

The World is taking the Indictment Seriously

Phil is reportedly unconcerned about the charges, and in a private address to the members of the community and the clubs that help host his annual events, went so far as to suggest that should the Ohio Prosecutor somehow manage to obtain an extradition order, he would rely upon Jury Nullification as his ace-in-the-hole.

While Phil appears to consider the matter something of a joke, the rest of the world is taking it very seriously indeed, and grass roots Free Phil Movements are cropping up on every continent out of a very real concern that Prosecutor Gmoser may intend to carry out the sentence himself.  

To better understand the world's reaction, all that you need do is read the headlines from newspapers that are carrying the story and following Phil's plight:

• Groundhog ‘Indicted:’ Punxsutawney Phil Charged With Fraud (One News)
• Groundhog ‘Indicted:’ Punxsutawney Phil Charged With Fraud (Epoch Times)
• Groundhog indicted: Punxsutawney Phil charged for bad forecast (KTRK)
• Groundhog Phil a furry felon over false forecast (Toledo News)
• Groundhog Phil a furry felon over false forecast (Lebanon Daily News)
• Groundhog Phil 'indicted,' accused of lying (KITV)
• Groundhog Phil 'indicted,' accused of lying (WMTW)
• Punxsutawney Phil Indicted For ‘Misrepresentation Of Early Spring’ (CBS2 New York)
• Punxsutawney Phil charged with fraud for early spring forecast (Yahoo)
• Punxsutawney Phil 'indicted' in chilly Ohio (USA Today)
• Punxsutawney Phil's 2013 Forecast: Groundhog Receives 'Indictment' Over Inaccurate Prediction (Huffington Post)
• Weather groundhog Phil 'indicted,' accused of lying as winter continues (CNN)

Just to be sure that we are all on the same page, this is humor in the same vein as the original indictment...

Working Press

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G'day!

Anyone who has sent me an email knows that I always reply - I think that is just good manners - but every now and then I get asked similar questions and I am tempted to blog about it - then I answer the emails and forget about blogging about it!

Today I am blogging (though I did already answer the most recent email on the subject) because enough people have asked about this to convince me that it deserves a public post. The subject? A mixture of questions about working press.

Over the course of the past year I have received 20+ emails asking me about how I became a columnist and how they might do the same. Other emails of a similar line regarding journalism, working press, photography, and just getting published hikes the total above 50, which from where I sit is both a lot of interest and a reason to blog on it.

The following are my observations, answers, and opinions to each question I was asked:

(1) How did you become a columnist?

Pure dumb luck. Seriously, it was a right place, right time sort of deal. I had written a piece for a magazine that went out of business between when I proposed the piece and when I finished it, and at the suggestion of my wife, I sent a query to the Times.

I doubt anyone could have been more surprised than I was when they accepted it, and then printed it considering that it was a magazine-sized piece! I was asked for another piece, and then a third, after which I was asked if I would like to write a bi-monthly column on technology, and Digital Grind was born.

(2) How can I become a columnist/journalist?

First, there is a big difference between a columnist and a journalist.

A Columnist: Generally selects the subjects they write upon, and is responsible for all of the aspects of that process. If they are lucky they have a really great editor (I am and do) who they can call upon for guidance and an experienced eye. The biggest difference between a columnist and a journalist is that a columnist infuses their opinion into the pieces that they write, whereas a journalist should not be doing that.

A Journalist: Writes about things that happen and reports the news. Some (a rare few) work as investigative journalists, hunting for the untold and hidden, but most journalists are employed as Staff Writers and either cover an established beat or are assigned pieces by their editor.

Both Columnists and Journalists follow a well-established code of ethics and rules set by their paper - rules that are there to protect the integrity of the paper AND the writer. There are some obvious ones - like verifying facts and identifying yourself when interviewing people - and some not so obvious ones as well that I will cover in a question below...

To be a Columnist: Requires a solid grounding of knowledge in the area that you are writing about, and the ability to write. You know what you know, you know where your strengths are, and you should play to those strengths! If you think your skill set applies, contact the section editor of your paper and ask them if they would be interested in a column from you. Tell them about yourself, your experience, and your aims - write a sample column - and see where that takes you!

To be a Journalist: Is a bit more tricky, since there are specific skill sets you simply have to have. This career track usually begins with journalism as a major at university - though it does not have to - and requires you to be a very task-oriented and self-motivated person. You have X number of words (usually 600 to 900) to explain who, what, where, why, how, and when - and often only a few hours to make that happen. Talk about pressure! But if you think that is you, than educate yourself on the subject!

There are lots of books available and it would not hurt to start writing on your own - learn the style of the publication you want to write for, find a newsworthy topic or two, and write it up. Introduce yourself to the section editor, tell then about yourself and your goals, and include the sample piece you wrote. Yes, it can be that simple!


(3) How come you are identified in different ways in the paper? Sometimes you are a Contributing Writer, sometimes you are a Freelance Writer, and in your column you are just you?

In my by-line for the column I am identified by name - and as a columnist in the section - but you will notice that at the end of the piece, it always says that I am a Freelance Writer, and it gives you my email address. For non-column pieces - How it Works and news pieces - I am usually identified as a Contributing Writer.

The reason for this is actually pretty simple - and Jim, it is not a secret code... What it means in very basic terms is that I am not a Staff Writer - I write for the paper but I am not on staff there.

The term "Freelance" goes back to the age of knights and castles and kings - a "Free Lance" was a warrior who hired out his Lance to any Lord, Baron, or King who was willing to pay them. In its modern use, it means that the writer is working for the publication for a specific project, series, or in my case, column - though I can still contribute to the paper outside the column.

A "Contributing Writer" is widely viewed as a step-up from Freelance though I am not so sure that this is valid, considering that most newspapers use the title to denote a non-staff writer of straight news and feature pieces who has had more than three pieces published in that paper. Often a first time writer's piece is identified as "Analysis" though the usage varies by publication.

(4) It must be pretty cool to be able to wave your press pass and get into concerts and events / How many articles would I have to write for a paper to get a press pass? / You get a lot of free stuff as a newspaper writer?

These questions caught me by surprise the first few times I received them, and I have to admit that I am still surprised when someone asks me this - and it is not just by email, I get this in person too. The reason that I am surprised is that my mindset on the issue is the diametric opposite of the person asking it!

First I should point out that a "Press Pass" is not something that you receive from the publication you write for - it is an ID or pass that is provided to you, by the venue operator, at an event, after you have established your credentials as news media.

How you establish your credentials can be simple enough - you contact the venue in advance to register as press and they verify you. Ah but that is the point, isn't it? They VERIFY you. You do not just show up at an event and wave a media ID and waltz in - that is not how it usually works. You apply in advance, and the PR person for the event either verifies you by doing a web search or checking your paper's web site, or they call your editor.

As for your media credentials - I should point out that I am very reluctant to use them and I only do so when it is necessary - and I have good reasons for this!

First, the ID I was given by the Editor of the Times is a company ID - which means ANY time I use it, I am representing the paper. That is fine if I am working a story and I need to establish that I am in fact working press - and it is incredibly valuable for that purpose because it has the all important contact information on it so that the person or agency I am presenting it to can simply dial up the paper and verify that I am who I say I am, and more to the point - I am supposed to be asking the questions I am asking. That last bit is rather important, and I will explain why.

Somehow an opportunistic notion has been attached to media ID - it is almost as if the public thinks of it as a free pass, or the golden ticket for freebies. I would be a fool if I did not admit that there ARE some members of the press who have, at times, used it in that way, but you may be surprised to learn that that sort of use very often leads to an abrupt change in the users status - to unemployed (and in extreme cases, unemployable).

Remember the rules that working press follow that I mentioned earlier? One of the major rules is that any time you are using your status as press to access an event or to interview someone, it must relate to a piece you are actually writing. Let me rephrase that: I may really like the Blue Man Group, but I cannot use my ID to get a backstage pass and interview them unless I am actually writing a piece ON them - and since I am a technology writer that is not very likely is it?

It is true that as a tech writer, I am offered free stuff all the time. Companies email me offering to send me a gadget or software, and I get invited to industry events. Rarely do I ever accept any of these items or invitations, because if I did, I would have to write about them! I only have 1400 words twice a month and believe me when I say that there is no shortage of topics to write about.

(5) What is the best way for me to get published? / If I write for an online site that does not pay, will that help me get work for sites that do pay?

I am not being sarcastic when I say this - but knowing when to write is probably the best way for you to get published. What do I mean by that? Simply this: writing a piece and then trying to get it published is not the way to go, and is probably the most common mistake in freelance writing.

Learn how to write a good query - and research the publication you want to write for first! There is nothing more painful for a writer than to have to rip apart a piece that they have already written in order to meet the requirements received from a query - it is much easier to query, than write, than the other way around. And your pieces are always better that way.

I honestly cannot say one way or the other if writing for an online site is going to help you get work - a lot of those sites make a big deal out of the fact that you will be getting "published" and that writing for them will "help establish you as a writer" but whenever I see that sort of thing, I have to wonder why they need to tell me that?

I should mention that there are exceptions to this - years ago I actually sold a piece that I originally wrote as a review for the Lincoln Aviator to a magazine that found the piece online, so my qualified answer is yes - and no.

(6) I found a site that sells Freelance Press ID, is that helpful to getting started? / Are you a member of the IPA?

If you are working on a piece that has already been accepted or has been requested by a paper or magazine, providing the contact information for your editor should be sufficient to gain access to whatever venue it is that you are trying to cover. Having a laminated piece of paper with your photo on it issues by anyone other than the publication you are writing for is not just a bad idea, it could get you frozen out of the venue you are trying to access!

I do not claim to be an expert in this area - but common sense tells me that the PR people who handle vetting the press are very familiar with what legitimate credentials look like, and besides that they rarely every accept them on site unless they have established your credentials prior to the event, so I would have to say save your money.

No I am not a member of the IPA. I do not recommend the IPA. I know very little about the IPA other than that they have a very fancy web site and they provide "ID" services for a fee to people who want to be freelancers. Save your money?

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Well this turned into a wall of text - sorry about that. Still those are the six most frequent topics, and I hope that I made sense to you :)

Be well!

CMBF