Gary G. Smith, Criminal Justice Practitioner

A Discussion of Criminal Justice Issues

Name: Gary Smith

I've been involved in law enforcement for over 27 years now. I'm fortunate to work with the most dedicated law enforcement professionals found anywhere.

Tuesday, July 01, 2008

July 4th Message

A friend of mine sent me the following message. It is not attributed to anyone. If someone knows the author, please let me know and I'll provide the appropriate attribution. Please have a safe and enjoyable July 4th.


The Signing of the Declaration of Independence....

There is no more profound sentence than this: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness..."

These are far more than mere poetic words. The underlying ideas that infuse every sentence of this treatise have sustained this nation for more than two centuries. They were forged in the crucible of great sacrifice. They are living words that spring from and satisfy the deepest cries for liberty in the human spirit.

"Sacred honor" isn't a phrase we use much these days, but every American life is touched by the bounty of this, the Founders' legacy. It is freedom, tested by blood, and watered with tears.

JULY 4TH, 1776

The Americans Who Risked Everything

"Our Lives, Our Fortunes, Our Sacred Honor"

It was a glorious morning. The sun was shining and the wind was from the southeast. Up especially early, a tall bony, redheaded young Virginian found time to buy a new thermometer, for which he paid three pounds, fifteen shillings. He also bought gloves for Martha, his wife, who was ill at home.

Thomas Jefferson arrived early at the statehouse. The temperature was 72.5 degrees and the horseflies weren't nearly so bad at that hour. It was a lovely room, very large, with gleaming white walls. The chairs were comfortable. Facing the single door were two brass fireplaces, but they would not be used today.

The moment the door was shut, and it was always kept locked, the room became an oven. The tall windows were shut, so that loud quarreling voices could not be heard by passersby. Small openings atop the windows allowed a slight stir of air, and also a large number of horseflies. Jefferson records that "the horseflies were dexterous in finding necks, and the silk of stockings was nothing to them." All discussing was punctuated by the slap of hands on necks.

On the wall at the back, facing the president's desk, was a panoply -- consisting of a drum, swords, and banners seized from Fort Ticonderoga the previous year. Ethan Allen and Benedict Arnold had captured the place, shouting that they were taking it "in the name of the Great Jehovah and the Continental Congress!"

Now Congress got to work, promptly taking up an emergency measure about which there was discussion but no dissension. "Resolved: That an application be made to the Committee of Safety of Pennsylvania for a supply of flints for the troops at New York."

Then Congress transformed itself into a committee of the whole. The Declaration of Independence was read aloud once more, and debate resumed. Though Jefferson was the best writer of all of them, he had been somewhat verbose. Congress hacked the excess away. They did a good job, as a side-by-side comparison of the rough draft and the final text shows. They cut the phrase "by a self-assumed power." "Climb" was replaced by "must read," then "must" was eliminated, then the whole sentence, and soon the whole paragraph was cut. Jefferson groaned as they continued what he later called "their depredations." "Inherent and inalienable rights" came out "certain unalienable rights," and to this day no one knows who suggested the elegant change.

A total of 86 alterations were made. Almost 500 words were eliminated, leaving 1,337. At last, after three days of wrangling, the document was put to a vote.

Here in this hall Patrick Henry had once thundered: "I am no longer a Virginian, sir, but an American." But today the loud, sometimes bitter argument stilled, and without fanfare the vote was taken from north to south by colonies, as was the custom. On July 4, 1776, the Declaration of Independence was adopted.

There were no trumpets blown. No one stood on his chair and cheered. The afternoon was waning and Congress had no thought of delaying the full calendar of routine business on its hands. For several hours they worked on many other problems before adjourning for the day.

Much To Lose

What kind of men were the 56 signers who adopted the Declaration of Independence and who, by their signing, committed an act of treason against the crown? To each of you, the names Franklin, Adams, Hancock and Jefferson are almost as familiar as household words. Most of us, however, know nothing of the other signers. Who were they? What happened to them?

I imagine that many of you are somewhat surprised at the names not there: George Washington, Alexander Hamilton, Patrick Henry. All were elsewhere.

Ben Franklin was the only really old man. Eighteen were under 40; three were in their 20s. Of the 56 almost half - 24 - were judges and lawyers. Eleven were merchants, nine were landowners and farmers, and the remaining 12 were doctors, ministers, and politicians.

With only a few exceptions, such as Samuel Adams of Massachusetts, these were men of substantial property. All but two had families. The vast majority were men of education and standing in their communities. They had economic security as few men had in the 18th Century.

Each had more to lose from revolution than he had to gain by it. John Hancock, one of the richest men in America, already had a price of 500 pounds on his head. He signed in enormous letters so that his Majesty could now read his name without glasses and could now double the reward. Ben Franklin wryly noted: "Indeed we must all hang together, otherwise we shall most assuredly hang separately."

Fat Benjamin Harrison of Virginia told tiny Elbridge Gerry of Massachusetts: "With me it will all be over in a minute, but you, you will be dancing on air an hour after I am gone."

These men knew what they risked. The penalty for treason was death by hanging. And remember, a great British fleet was already at anchor in New York Harbor.

They were sober men. There were no dreamy-eyed intellectuals or draft card burners here. They were far from hot-eyed fanatics yammering for an explosion. They simply asked for the status quo. It was change they resisted. It was equality with the mother country they desired. It was taxation with representation they sought. They were all conservatives, yet they rebelled.

It was principle, not property, that had brought these men to Philadelphia. Two of them became presidents of the United States. Seven of them became state governors. One died in office as vice president of the United States. Several would go on to be U.S. Senators. One, the richest man in America, in 1828 founded the Baltimore and Ohio Railroad. One, a delegate from Philadelphia, was the only real poet, musician and philosopher of the signers. (It was he, Francis Hopkinson not Betsy Ross who designed the United States flag.)

Richard Henry Lee, a delegate from Virginia, had introduced the resolution to adopt the Declaration of Independence in June of 1776. He was prophetic in his concluding remarks: "Why then sir, why do we longer delay? Why still deliberate? Let this happy day give birth to an American Republic. Let her arise not to devastate and to conquer but to reestablish the reign of peace and law.

"The eyes of Europe are fixed upon us. She demands of us a living example of freedom that may exhibit a contrast in the felicity of the citizen to the ever-increasing tyranny which desolates her polluted shores. She invites us to prepare an asylum where the unhappy may find solace, and the persecuted repost.


"If we are not this day wanting in our duty, the names of the American Legislatures of 1776 will be placed by posterity at the side of all of those whose memory has been and ever will be dear to virtuous men and good citizens."

Though the resolution was formally adopted July 4, it was not until July 8 that two of the states authorized their delegates to sign, and it was not until August 2 that the signers met at Philadelphia to actually put their names to the Declaration.

William Ellery, delegate from Rhode Island, was curious to see the signers' faces as they committed this supreme act of personal courage. He saw some men sign quickly, "but in no face was he able to discern real fear."

Stephan Hopkins, Ellery's colleague from Rhode Island, was a man past 60. As he signed with a shaking pen, he declared: "My hand trembles, but my heart does not." "Most Glorious Service"

Even before the list was published, the British marked down every member of Congress suspected of having put his name to treason. All of them became the objects of vicious manhunts. Some were taken. Some, like Jefferson, had narrow escapes. All who had property or families near British strongholds suffered.

* Francis Lewis, New York delegate saw his home plundered -- and his estates in what is now Harlem -- completely destroyed by British Soldiers. Mrs. Lewis was captured and treated with great brutality. Though she was later exchanged for two British prisoners through the efforts of Congress, she died from the effects of her abuse.

* William Floyd, another New York delegate, was able to escape with his wife and children across Long Island Sound to Connecticut, where they lived as refugees without income for seven years. When they came home they found a devastated ruin.

* Philips Livingstone had all his great holdings in New York confiscated and his family driven out of their home. Livingstone died in 1778 still working in Congress for the cause.

* Louis Morris, the fourth New York delegate, saw all his timber, crops, and livestock taken. For seven years he was barred from his home and family.

* John Hart of Trenton, New Jersey, risked his life to return home to see his dying wife. Hessian soldiers rode after him, and he escaped in the woods. While his wife lay on her deathbed, the soldiers ruined his farm and wrecked his homestead. Hart, 65, slept in caves and woods as he was hunted across the countryside. When at long last, emaciated by hardship, he was able to sneak home, he found his wife had already been buried, and his 13 children taken away. He never saw them again. He died a broken man in 1779, without ever finding his family.

* Dr. John Witherspoon, signer, was president of the College of New Jersey, later called Princeton. The British occupied the town of Princeton, and billeted troops in the college. They trampled and burned the finest college library in the country.

* Judge Richard Stockton, another New Jersey delegate signer, had rushed back to his estate in an effort to evacuate his wife and children. The family found refuge with friends, but a Tory sympathizer betrayed them. Judge Stockton was pulled from bed in the night and brutally beaten by the arresting soldiers. Thrown into a common jail, he was deliberately starved. Congress finally arranged for Stockton's parole, but his health was ruined. The judge was
released as an invalid, when he could no longer harm the British cause. He returned home to find his estate looted and did not live to see the triumph of the Revolution. His family was forced to live off charity.

* Robert Morris, merchant prince of Philadelphia, delegate and signer, met Washington's appeals and pleas for money year after year. He made and raised arms and provisions which made it possible for Washington to cross the Delaware at Trenton. In the process he lost 150 ships at sea, bleeding his own fortune and credit almost dry.

* George Clymer, Pennsylvania signer, escaped with his family from their home, but their property was completely destroyed by the British in the Germantown and Brandywine campaigns.

* Dr. Benjamin Rush, also from Pennsylvania, was forced to flee to Maryland. As a heroic surgeon with the army, Rush had several narrow escapes.

* John Martin, a Tory in his views previous to the debate, lived in a strongly loyalist area of Pennsylvania. When he came out for independence, most of his neighbors and even some of his relatives ostracized him. He was a sensitive and troubled man, and many believed this action killed him. When he died in 1777, his last words to his tormentors were: "Tell them that they will live to see the hour when they shall acknowledge it [the signing] to have been the most
glorious service that I have ever rendered to my country."

* William Ellery, Rhode Island delegate, saw his property and home burned to the ground.

* Thomas Lynch, Jr., South Carolina delegate, had his health broken from privation and exposures while serving as a company commander in the military. His doctors ordered him to seek a cure in the West Indies and on the voyage, he and his young bride were drowned at sea.

* Edward Rutledge, Arthur Middleton, and Thomas Heyward, Jr., the other three South Carolina signers, were taken by the British in the siege of Charleston. They were carried as prisoners of war to St. Augustine, Florida, where they were singled out for indignities. They were exchanged at the end of the war, the British in the meantime having completely devastated their large
landholdings and estates.

* Thomas Nelson, signer of Virginia, was at the front in command of the Virginia military forces. With British General Charles Cornwallis in Yorktown, fire from 70 heavy American guns began to destroy Yorktown piece by piece. Lord Cornwallis and his staff moved their headquarters into Nelson's palatial home. While American cannonballs were making a shambles of the town, the house of Governor Nelson remained untouched. Nelson turned in rage to the American gunners and asked, "Why do you spare my home?" They replied, "Sir, out of respect to you." Nelson cried, "Give me the cannon!" and fired on his magnificent home himself, smashing it to bits.
But Nelson's sacrifice was not quite over. He had raised $2 million for the Revolutionary cause by pledging his own estates. When the loans came due, a newer peacetime Congress refused to honor them, and Nelson's property was forfeited. He was never reimbursed. He died, impoverished, a few years later at the age of 50.

Lives, Fortunes, Honor

Of those 56 who signed the Declaration of Independence, nine died of wounds or hardships during the war. Five were captured and imprisoned, in each case with brutal treatment. Several lost wives, sons or entire families.

One lost his 13 children. Two wives were brutally treated. All were at one time or another the
victims of manhunts and driven from their homes. Twelve signers had their homes completely burned. Seventeen lost everything they owned. Yet not one defected or went back on his pledged word. Their honor, and the nation they sacrificed so much to create is still intact.

And, finally, there is the New Jersey signer, Abraham Clark.

He gave two sons to the officer corps in the Revolutionary Army. They were captured and sent to that infamous British prison hulk afloat in New York Harbor known as the hell ship Jersey, where 11,000 American captives were to die. The younger Clarks were treated with a special brutality because of their father. One was put in solitary and given no food. With the end almost in sight, with the war almost won, no one could have blamed Abraham Clark for acceding to the British request when they offered him his sons' lives if he would recant and come out for the King and Parliament. The utter despair in this man's heart, the anguish in his very soul, must reach out to each one of us down through 200 years with his answer: "No."

The 56 signers of the Declaration Of Independence proved by their every deed that they made no idle boast when they composed the most magnificent curtain line in history. "And for the support of this Declaration with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

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From the beginning of our history, our freedom cost those who dared to dream of it dearly. It continues to demand a high price for those who defend it. Please take time this July 4th to remember those who have gone before us who died and sacrificed so we could be free. And most certainly remember or men and women who at this moment are fighting for our freedom both at home and across the sea.

Monday, June 30, 2008

Times Have Changed

My kids got a new Monopoly game the other day. In looking through it I thought to myself how the game reflects how things have changed over the last 20 years. When I played Monopoly as a kid, I always fancied those $100o bills. In the new game the old bills are gone. The smallest bill is now $10,000 and the largest bill is $5,000,000.

Park Place is now Fenway Park in Boston and is worth $3,500,000.

Oh, how things change!

Thursday, June 19, 2008

Berlin Air Lift

June 27th holds a significant date in history. I was browsing through a reference guide that reminded me that June 27, 1948 started the Berlin Air Lift. The event is considered by some historians as the beginning of the defining moments of the Cold War. In short, the Soviet Union didn't want to give up control of their part of Germany taken after World War II. The other allies, US, France, and Britain were ready to consolidate the country back into a central government. The break between capitalism and communism began.

Good reference material can be found here.

Ironically, President John F. Kennedy gave his famous speech on June 26, 1963, proclaiming the whole world stood with the Berliners - "Ich bin ein Berliner". Kennedy continued what President Harry Truman had started in 1948 by continuing to support the Germans toward reunification. Many years passed when President Ronald Reagan stood by the Berlin Wall and told General Secretary Gorbachev to "Tear Down the Wall" on June 12,1987. The Berlin Wall "fell" on Tuesday November 9, 1989. It was a memorable day that symbolized the defeat of communism and the end of the cold war.

So as we gear up for the celebration of our July 4th holiday. Take a moment to remember the many men and women who have sacrificed their lives in the name of freedom over the many years to make the impossible possible. After years of oppression, freedom arrived at the doorstep of Berliners.

The independence our forebears gained is still the light in the darkness for freedom and basic human rights. Just as our beginning took many years to achieve and just as the defeat of the Cold War took many years, the challenge goes forward.

May you all have a save and enjoyable July 4th.

Tuesday, June 17, 2008

Not So Friendly Fkies

I'm posting this entry from Chicago O'Hare International Airport. I'm composing on my Palm so please bear with me. This is another post in the saga of the agony of commercial air travel. It's never been great to fly but now you get to pay twice as much for double the aggravation. On Tuesday I arrived at the Wichita, KS airport to depart at 10:30 am for Chicago .The flight finally left at 1:30 PM. We never really learned why it was so late but we got to walk out on the tarmac in pouring rain, ridiculed by United ground crews for not walking a straight line. Pity the older woman with a cane trying to mount the wet stairs of the baby jet. By the way those small jets are great if you are under 5' tall and weigh less than 50 pounds.

Today - we wound up 90 minutes late...so far because the first officer is stuck in Rochester, NY. Glad to know United strands their employees as well as paying customers. An associate told me how United left them stuck on the runway in DC on Tuesday for over 4 hours only to cancel the flight because the flight attendant had exceeded her work hours. Hmmmmmm.

For this aggravation - we paid $700.

I think I'll take the train or drive next time.

Wednesday, May 14, 2008

Law Enforcement Memorial Week

This week is national law enforcement memorial week. Please take a moment to keep law enforcement officers everywhere in your thoughts and prayers.

I've provided a link here to the national law enforcement memorial site. This link will take you to the officer down memorial site. Unfortunately the list of officers killed in the line of duty continues to grow.

Gary Smith

Tuesday, January 01, 2008

Happy New Year

I wish each of you the very best for 2008.

Monday, December 31, 2007

D.B. Cooper

Thirty-six years ago, a man dubbed "D.B. Cooper" hijacked a plane, demanded $200,000 in cash and then jumped out of the plane over the Pacific Northwest. The FBI still has an open case on this incident.

Check out the site
. The FBI contends that someone knows who Mr. Cooper was. Maybe you are the one who can break the case.



Sunday, December 23, 2007

Holiday Wish

During this holiday season, I wish you all happiness, prosperity and peace for 2008.

Thursday, December 13, 2007

FBI Reports Scams

The FBI has posted the most recent scam reports on their site. There is also an option for you to register to be notified by email if you are so inclined.

Saturday, December 08, 2007

Change

As most of you know by now, I've accepted a new position in Kansas and will be relocating after the first of the year. Time will be short so excuse the limited number of posts that will be uploaded for a while.

Thursday, December 06, 2007

Be Careful Out There

For those of you in the snow belt, be careful out there. I just got back from a meeting in St. Paul and the roads are starting to get slick and I saw several cars in the ditch as well as a number of crashes.

Take plenty of time to get where you need to go.

Be careful out there.

Wednesday, December 05, 2007

Shooting in Omaha

Current information is that 9 are dead and about 5 wounded. Apparently the shooter took his own life.

A few postings ago, I mentioned about the increase of shooting of officers. I just received word from a friend that somebody shot up a number of people in an Omaha,NE Mall. Hopefully everyone is ok.

Ironically, President Bush was visiting Omaha earlier in the morning. It doesn't appear to be connected to his visit at this time.

This underscores the dangers faced not just by officers but the public as well.

My prayers and thoughts go out to the families of the victims and the victims.

Major Birthday Milestone

My son, Chris, turns 18 today. Here's a picture I took of him several years ago. It pretty much represents what Chris winds up doing on his birthday each year. Chris has helped out a lot since I've been out of commission. One big present was the notification of acceptance to his first choice college.

Chris, we are proud of you and love you!

Tuesday, December 04, 2007

Lack of Action By Supreme Court Causes Ripples in Anonymous Sources Standing

A ten year old feud between two Congressmen has been shunned by the US Supreme Court according to this CNN article. The implication would appear to be that illegally obtained communications cannot be considered legitimate anonymous sources for news outlets. It will be interesting to see how the lack of action on behalf of the high court will impact reporters in the future.

Monday, December 03, 2007

Ramsey's Work Begins in Philadelphia

Chief Charles Ramsey didn't waste much time after retiring from the DC Metro Police Department as chief to find another challenge. His tenure as Commissioner of police in Philadelphia has started as as outlined in this newspaper article, specuation has already started.

I had a chance to meet Chief Ramsey a few years ago at a conference in DC. He is a man of integrity and not afraid to rock the boat to make the changes necessary to meet the needs of his department members and the community. He has a reputation for taking on his bosses and elected officials when necessary. I respect him for that. It seems that those headlines tend to follow him more than the many successes he has accomplished in Chicago, DC and now I'm sure in Philadelphia.

In the article. Chief Ramsey speaks to issues of speculation he states, "Rumors always start," he said. "When I took over the Washington, D.C., police department, the first thing they thought was I was going to bring checkerboard caps like they have in Chicago. . . . We'll take a look at those kinds of things; those are minor tweaks. The biggest challenge I have to get my hands around first is crime-fighting strategies and how we're going to approach crime."

I agree with Chief Ramsey. The first thing a new chief must do is orient him/herself to the organization and community and then figure out how to approach the concerns of the community. I believe that reasonable people will look beyond the headlines and research the substance and integrity of the individual when making a final judgment.

I wish Chief Ramsey all the best in his endeavors in Philadelphia.