Boating Accident/Death off Diamond Island

[Airwaves]

So is the third indictment the one actually involving an "accident"?

From Skip:
A Class A felony penalty is IN EXCESS OF 7 YEARS if she is convicted of being above the legal BAC.

A Class B felony penaly is NOT TO EXCEDE 7 YEARS is if she is convicted of NOT being above the legal BAC.

So the Aggrivated driving charge is if she is convicted of being.... ????

[Skip]

Originally Posted by Airwaves

So is the third indictment the one actually involving an "accident"?



So the Aggrivated driving charge is if she is convicted of being.... ????

As I stated earlier, both the Union Leader & the blog you cite have erroneous information.

There is no "aggravated driving" charge as there is no such RSA. Possibly the blog meant to state "aggravated driving while intoxicated".

There are 2 indictments presenting 2 different theories. Both indictments are for negligent homicide. The leading indictment is the Class A felony charge of negligent homicide/aggravated BWI. The second indictment, a Class B felony, is for negligent homicide due to operation.

It appears to me that both articles were mangled by inappropriate editing. A fairly common occurence within the news media and also in blogs where more than one individual is responsible for content.

[Airwaves]

Or...you could answer the question if you are able without being insulting and snarky!

[Skip]

Originally Posted by Airwaves

Or...you could answer the question if you are able without being insulting and snarky!

You're welcome.

Have a very Merry Christmas!

[Sunrise Point]

Skip,

Thank you for your latest posts. I did not find them snarky or insulting at all but very informative.

[RI Swamp Yankee]

Originally Posted by Sunrise Point

Skip,
Thank you for your latest posts. I did not find them snarky or insulting at all but very informative.

This thread needs a "Thank You" button so I could also agree with that thought.

[ApS]

Originally Posted by Sunrise Point

"...I did not find them snarky or insulting at all but very informative..."

Legal views can be expressed as opinions; worse, they can be misleading instruments through omissions. However, only the last paragraph can be construed as an opinion:

"...It appears to me that both articles were mangled by inappropriate editing. A fairly common occurence within the news media and also in blogs where more than one individual is responsible for content..."

In clear agreement with that media-bashing sentiment, Canadian newspaper columnist—and New Hampshire resident—Mark Steyn wrote this past Friday:

"...I loved the American newsrooms you saw in movies like "The Front Page," full of hard-boiled, hard-livin' newspapermen. By the time I got there myself, there were no hard-boiled newspapermen, just bland, anemic newspaperpersons turning out politically correct snooze sheets of torpid portentousness..."

Airwaves (as a member of the media) would, of course, see some "snarkiness" in Skip's post.

[Resident 2B]

Originally Posted by Airwaves

Or...you could answer the question if you are able without being insulting and snarky!

Snarky - sarcastically critical or mocking and malicious

Not hardly!

Skip, thanks for all the unbiased legal and general wisdom you bring to this forum.

R2B

[Pine Island Guy]

Originally Posted by Airwaves

Or...you could answer the question if you are able without being insulting and snarky!

I've read and reread Skip's response and only see it as stating the facts and very explanatory!

Happy Christmas to all and to all a goodnight... PIG

[trfour]

Have a Very Merry Christmas Everyone!

Card; http://www.jacquielawson.com/viewcar...ode=XE13117730

[secondcurve]

Originally Posted by Pine Island Guy

I've read and reread Skip's response and only see it as stating the facts and very explanatory!

Happy Christmas to all and to all a goodnight... PIG

Agreed. Skip is a valuable asset and he is explains things well. I didn't find his post insulting to anyone. Keep up the good work Skip.

[Airwaves]

APS got the sentence that Skip wrote that I found insulting given that Skip knows what I do for a living.

It appears to me that both articles were mangled by inappropriate editing. A fairly common occurence within the news media

I certainly know criminal lawyers and others who don't hold the investigative powers of many police officers in high esteem but I haven't used those comments to insult Skip.

I was asking legit questions trying to get inside the head of the prosecutors in this case.

Of course it was Skip that posted the link to the Union Leader article for "further details regarding the recent indictment" that he later said was "mangled by inappropriate editing". Nice research.

[jeffk]

Originally Posted by Airwaves

I was asking legit questions trying to get inside the head of the prosecutors in this case.

Of course it was Skip that posted the link to the Union Leader article for "further details regarding the recent indictment" that he later said was "mangled by inappropriate editing". Nice research.

If it comes from the media then it must be correct?

The media do make frequent mistakes in reporting. They go with what they think they know even if it is incorrect. You kept trying to get the forum to answer questions based on incorrect information, even after it was pointed out that it was likely to be incorrect.

Skip initially pointed out a source of information. When he realized that that source was incorrect and causing confusion he pointed out that it was incorrect, explained what was going on, and referenced a more reliable source. This was both helpful and responsible.

Further, this is a discussion forum. No one here is obligated to provide "researched" answers. We share our knowledge freely and sometimes go beyond the call and dig up more info when we can. Newspapers and other media on the other hand DO have a public obligation to provide factual information and not just gossip.

There was no snarkiness involved unless you are carrying a big chip on your shoulder.

[Resident 2B]

Originally Posted by Skip

As I stated earlier, both the Union Leader & the blog you cite have erroneous information.

There is no "aggravated driving" charge as there is no such RSA. Possibly the blog meant to state "aggravated driving while intoxicated".

There are 2 indictments presenting 2 different theories. Both indictments are for negligent homicide. The leading indictment is the Class A felony charge of negligent homicide/aggravated BWI. The second indictment, a Class B felony, is for negligent homicide due to operation.

It appears to me that both articles were mangled by inappropriate editing. A fairly common occurence within the news media and also in blogs where more than one individual is responsible for content.

Above is Skip's post. As everyone can see, there was no use at all of bold font in his post. However, some posters have replaced normal font with bold font when quoting Skip.

My opinion is when you quote someone, you should not 'bold-up' normal font to imbellish your position. That is clearly adding spin to enhance your point and really unfair.

I have no idea why some choose to jump all over a poster that has clearly gone out of his way to answer questions being asked by other posters, including themselves. I just do not get it.



R2B

[brk-lnt]

Originally Posted by Resident 2B

My opinion is when you quote someone, you should not 'bold-up' normal font to imbellish your position. That is clearly adding spin to enhance your point and really unfair.


R2B

I don't think he was doing that to embellish his position, just to point out the "offending" comment. Had he NOT bolded it, I (and likely several others) might have never realized the offensive statement in question. Otherwise, I do agree with the sentiment of your post, but I don't think that was the case here.

The above being said, it does seem that "the media" often gets facts wrong, mangles things they don't understand and leaps to conclusions as if it's an Olympic event at times.

Skip always seems like a decent guy in his replies, I doubt he was trying to rankle anyone purposefully. If the linked-to article or comments contained errors, it's hardly his fault for pointing that out.

[Resident 2B]

Originally Posted by brk-lnt

I don't think he was doing that to embellish his position, just to point out the "offending" comment. Had he NOT bolded it, I (and likely several others) might have never realized the offensive statement in question. Otherwise, I do agree with the sentiment of your post, but I don't think that was the case here.

The above being said, it does seem that "the media" often gets facts wrong, mangles things they don't understand and leaps to conclusions as if it's an Olympic event at times.

Skip always seems like a decent guy in his replies, I doubt he was trying to rankle anyone purposefully. If the linked-to article or comments contained errors, it's hardly his fault for pointing that out.

I can see your point about highlighting.

My concern was, and still is, that some readers that did not read Skip's post would think Skip put some of the words in bold, which could be considered insulting to some readers. I saw no insult or ill intent in any of Skip's posts. That is my main point.

Merry Christmas and a Happy and Safe New Year to you and yours!

R2B

[Airwaves]

Here is how it works with media. The County Attorney releases the information to media usually via press release. Media looks at it and writes the story. If the reporter is good then he/she asks questions from the various sides of the story that were unanswered in the press release. Otherwise it's news via press release. (See Bush White House Press Corps)

Skip points to the Belknap County Attorney as the ultimate source of the indictment information and is correct on that point. However since the Belknap County Attorney does not post that particular public information on his website we (you and I ) can only see the information in the indictment from the press release (?) that he issued to NH media.

Jeffk wrote:

If it comes from the media then it must be correct?

Nope, just because it comes from media it is not automatically correct but there is a reasonable chance it is.

Since Skip quotes a NH media source...and the source I quoted was a NH law firm...

Skip quotes the Manchester Union Leader to provide us "further information" but later he trashes his own source and then blames my profession generally for routinely mangling information.

Didn't he read the Union Leader article first? If he did read it before linking us to it then he apparently was okay with it until I raised question about it.

Skip does not provide a link to the Belknap County Attorney, that he says is the ultimate source and, through his postings, leads one to believe that he has seen in order to provide us with the information he says his linked source (Union Leader) got wrong. He only states that media got it wrong again...hmmm No bashing there.

As a few of you got, I highlighted the offensive ignorant comment written by Skip.

Many of you take what Skip says as gospel. You should rethink that opinion.

I am evil, I am media, we question authority and then we tell YOU what we have learned. At least the good ones do.

[Lakepilot]

I have seen many times when the media is either incorrect or intentionally biased with one sided stories. I never assume the media is accurate.

Skip has clarified the issues for me relative to this tragedy much more then any of the media articles. His input is wanted an necessary.

He doesn't speak just to hear himself talk and he doesn't appear to have an ax to grind like others.

[EricP]

Originally Posted by Lakepilot

I have seen many times when the media is either incorrect or intentionally biased with one sided stories. I never assume the media is accurate.

Skip has clarified the issues for me relative to this tragedy much more then any of the media articles. His input is wanted an necessary.

He doesn't speak just to hear himself talk and he doesn't appear to have an ax to grind like others.

I agree, thanks Skip for providing clear information.

[Phantom]

My Gawd Airwaves --- Give it a break!!

Until this bickering of yours ( a one sided view of a personal attack), this was an informative thread.

Happy Holidays .............. be thankful

[NoBozo]

I too am impressed with the knowledge that Skip lends to this Forum. There is no doubt Skip knows his Stuff. SO: Where does Skip get this knowledge? Just a concerned citizen? ......Just wondering. NoBozo

[chipj29]

Originally Posted by NoBozo

I too am impressed with the knowledge that Skip lends to this Forum. There is no doubt Skip knows his Stuff. SO: Where does Skip get this knowledge? Just a concerned citizen? ......Just wondering. NoBozo

I believe that Skip has mentioned in the past that he used to be in law enforcement.

[SIKSUKR]

Skip has proven himself countless times on his accuracy of the law.Nuff said.

[BroadHopper]

This post needs a thank you button.

[ITD]

Originally Posted by Airwaves

Snip

I am evil, I am media, we question authority and then we tell YOU what we have learned. At least the good ones do.

Too few good ones, that's the problem. The media deserves it's reputation.




Check this so called journalist out:

http://newsbusters.org/blogs/mark-fi...idency-success

CHRIS MATTHEWS: Yeah, well, you know what? I want to do everything I can to make this thing work, this new presidency work, and I think that --
JOE SCARBOROUGH: Is that your job? You just talked about being a journalist!
MATTHEWS: Yeah, it is my job. My job is to help this country.

Matthews wasn't done with his odd new job description . . . An incredulous Scarborough kept pressing, astonished at such a complete 180 from Matthews's repeated insistence during the Bush presidency that he had to hold the government accountable.

SCARBOROUGH: Your job is the make this presidency work?
MATTHEWS: To make this work successfully. This country needs a successful presidency.

[jeffk]

Originally Posted by Airwaves

Nope, just because it comes from media it is not automatically correct but there is a reasonable chance it is.

I disagree. Media tells stories, not necessarily the truth. Reporters talk to sources who may or may not provide accurate information. When it comes time to print the paper the story is written with what the reporter thinks that they know. Further, other people can edit the original story, sometimes skewing the original information. What we get is the best effort that can be produced in a limited time frame given the resources available.

In several instances where I have been in the know, I read the story in the paper and wondered where they got their incorrect information.

Further, in followup stories, as information evolves, the new information is often presented without comment that the original story was inaccurate.

Originally Posted by Airwaves

Skip points to the Belknap County Attorney as the ultimate source of the indictment information and is correct on that point. However since the Belknap County Attorney does not post that particular public information on his website we (you and I ) can only see the information in the indictment from the press release (?) that he issued to NH media.

Since Skip quotes a NH media source...and the source I quoted was a NH law firm...

Skip quotes the Manchester Union Leader to provide us "further information" but later he trashes his own source and then blames my profession generally for routinely mangling information.

Since Belknap County is the agreed ultimate source, if there is confusion about the content of the indictment it would make sense to go to the original source rather than to keep quoting the media article or a blog.

I would suggest that Skip did not reference Belknap initially because he knew it was not accessible on line. When he realized there was confusion he added his knowledge of the law, and I assume, information from people he is acquainted with in the department.

The NH Law firm source that you quote in turn quotes the Laconia Daily Sun for it's information about the indictment, another media source that probably got it's information from the same press release that the Union Leader did. We're not chasing our tails here are we? Further, is there any reason to believe that this law firm has any special insight into this case?

Originally Posted by Airwaves

Didn't he read the Union Leader article first? If he did read it before linking us to it then he apparently was okay with it until I raised question about it.

Skip gave a pointer to a publicly accessible source of information. He did not state that the article was absolutely accurate and he is not responsible for it's content. As questions arose he provided more information in a responsible manner.

Originally Posted by Airwaves

Many of you take what Skip says as gospel. You should rethink that opinion.

Skip has, time and time again, provided well reasoned responses to questions of law, usually providing detailed references (RSAs) for those wanting to follow up. When additional questions have come up he has calmly and respectfully provided more details, examples, and occasionally his opinion on the law. On the occasion that he has missed a nuance of the law he has graciously accepted correction or extension of his original premise.

I don't take anyone's information as gospel but when someone consistently provides rational and respectful commentary backed up with solid references I consider that person as a very good source.

It seems that you have your own problems with law enforcement people and that seems to bias your views.

[JDeere]

Originally Posted by jeffk

Skip has, time and time again, provided well reasoned responses to questions of law, usually providing detailed references (RSAs) for those wanting to follow up. When additional questions have come up he has calmly and respectfully provided more details, examples, and occasionally his opinion on the law. On the occasion that he has missed a nuance of the law he has graciously accepted correction or extension of his original premise.

I agree with the above quote!

Merry Christmas!

[Skip]

Hadn't visited this thread in a bit so I just noticed the kind words thrown my way....and just wanted to give a belated thanks to all of you!

Geesh, some of you even made me blush!!!!

Anyway, Happy New Year to all of you and above all else , please be safe!

Skip

[ApS]

Originally Posted by Airwaves

"...I am evil, I am media, we question authority and then we tell YOU what we have learned. At least the good ones do..."

I've personally made newsprint on two occasions as a teen:

News item 1)
I was struck and injured by an outboard while swimming in Lake Winnipesaukee.

I swam under a moored boat and surfaced under an outboard motor that was tilted up out of the water. (With a minor cut to my scalp, requiring a trip to the ER, where the tale got to the press).

News item 2)
I was a fatality in a car wreck.

I'd had a wreck the day before—with no injuries to either party—but fortunately I was present when my folks first encountered that morning's newsprint report and read that account aloud to me.

That said, when you read an account like "your fatal wreck", you look at safety altogether differently.