A Freudian Slip

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It’s fitting, in some way, that the trial I served as a juror for ended on Tax Day. I realize that taxes aren’t due until the 18th of April this year, but everyone knows April 15 is the day that we’re supposed to settle up with the IRS by filing our tax returns. Money changes hands on that day, generally in the form of a tax refund that people use for whatever they need some extra money for.

That didn’t happen for me this year. Instead of a healthy refund, I owed something to Uncle Sam, and not a trivial amount, either. But I paid that amount because, well, that’s just what you do. It keeps the National parks open, and pays for social programs and military defense and all the other places our tax dollars go to. Living in America is a privilege that I can’t fully appreciate because I haven’t lived anyplace else. But that privilege comes with a price, and the IRS is there to extract part of it from us all, whether we want to pay it or not.

Another price of citizenship in this country is jury service. In my many years of living, I had never served on a jury, of any kind, until this past week. The right to a trial by jury is an enormous gift, and that entails giving up your time when called by the courts to do so.

The trial I served as a juror on wrapped up yesterday, and I made a point to ask the judge if I was allowed to write about the case online. Writing is a form of free, self-induced therapy for me, and I needed to put a few things out into cyberspace, before the experience fades away into memory. I expect jury service to be a once-in-a-lifetime experience, and after this trial, I very much hope that’s the case.

Part of me wants to get into the specific facts of the case, but that’s not really going to help anything. Painting in broad strokes about what happened is probably good enough, at least for my purposes. I could write a long treatise about the case I was charged with deciding, but the end result wouldn’t change, not even the tiniest bit.

The case had to do with a fraud, pure and simple. The federal government rooted out the defendant’s misdeeds, which were filing tax returns in the name of people who had no idea they were having returns filed on their behalf. Their names and social security numbers, and access to online tax filing software, are apparently all it took to set these wheels into motion.

So prisoner A (We learned his real name and saw him testify in court, but his first name began with A so I’ll call him that here) is doing time. I learned what it was for, but it really didn’t matter that much. He’s serving time, and not receiving any Social Security benefits from the government. But a tax return was sent to the IRS, indicating that not only was he receiving these benefits, but he had a portion of those benefits withheld by the IRS, and he wanted the withheld portion back. It’s a classic case of turning nothing (as in the Social security benefits which were never paid in the first place) into something (as in a few hundred dollars that wound up in the tax preparer’s pocket.

This happened for hundreds of prisoners, and the IRS paid off like a slot machine by depositing the money in waves. There were hundreds of prisoners, and thousands upon thousands of dollars being shoveled out for this scam. The legal term is “scheme,” which sounds a hair more respectable than a “scam,” but this was the scammiest thing I’ve ever seen in my life. And it makes a mockery out of those who pay taxes and wouldn’t think to  run a fraud like this.

At the close of the trial, on Thursday afternoon, the jury received instructions from the judge about what the relevant law is. We were told to follow those instructions, whether we agreed with them or not. One juror failed to do so, and that vote was enough to result in a hung jury. Our romantic notions of “Twelve Angry Men” and the noble juror who spares a defendant from being wrongly convicted by standing up to, and ultimately persuading, his fellow jurors didn’t apply in this case. Life didn’t imitate art, at least not in this instance.

But the two sides had to give closing arguments before we could begin deliberating, and the otherwise masterful defense attorney nearly gave away the game with one small, practically imperceptible slip. I may have been the only one that noticed it, but it was very telling. It didn’t make a difference, in the end, but I wanted to preserve it here, anyway.

A Freudian slip, also called a parapraxis, is when someone gives away their inner feelings by accident. As the defense attorney was summing up the defects in the government’s case–since they have the burden of proof, his job was to point out the ways they haven’t done so, regardless of whether any such defects actually existed–he said “They have fooled–failed–to show….”

The “fooling” that the defense attorney referred to, in his moment of unintended candor, wasn’t the government’s doing, but his own. He was there to fool the jury into believing that his client had been wrongly accused of defrauding the government–and by extension the taxpayers on the jury and all over the United States–out of withholding proceeds from prisoners who had not receive any Social Security benefits while they were behind bars. All he had to do was fool one juror, and the week’s worth of trial would have gone for naught. And that’s exactly how it played out, too.

I put a picture of Frederick Douglass in this post, because the holdout juror bears a strong resemblance to him. I even thought of him as Fred, though his real name was something else. Frederick Douglass became friends with Abraham Lincoln, and their unlikely rise from the circumstances they were each born into has always inspired me. I will always admire Frederick Douglass, but I’ll probably see pictures of him now and think about the juror who wouldn’t agree with the rest of us on the jury. Life takes some strange twists sometimes.

On my way home from the courthouse, after the verdict had been read and my fellow jurors and I were excused with the thanks of the court, I took a train to a bus in order to get home. The transfer point from train to bus led me to a statue of Abraham Lincoln, which I’ve written about before in this space. I looked up at Lincoln, who is depicted not as the bearded president we all know, but as a clean-shaven Illinois attorney, which he was for many years before he was elected president.

As I looked up at Lincoln’s representation, I tried putting my frustrations with the case into some type of order. And I realized that our legal system, for all of its imperfections, is still something to be proud of. The defendant wasn’t set free by my jury, and he still has to face the prospect of perhaps another trial in the weeks and months ahead. We as jury did what we had been charged with doing. I didn’t like the final result, but it was far from the first time where something I was involved with didn’t end up the way I wanted it to. Those are the breaks, whether in the courthouse or anyplace else in life.

The Lincoln statute reminded me that our legal system is worth preserving and supporting, even if it isn’t perfect. It won’t ever be perfect, but it will always seek to do justice. The truth is  that I’d rather live in such a place than anywhere else.

Back to the bench

A a quarter of a century ago, I was fresh out of college, and finally on my own. There were bills to pay, of course, but life as I had imagined it to be was underway.

I moved into an apartment in Chicago, lured by a free month’s rent. And each day, I rode the bus downtown to the job I had, as a legal go-fer for a solo practioner attorney in the Loop. It was an exciting time in life.

This week, after a good chunk of my lifetime has passed by, I am back in the Loop again, serving on a jury trial. I walked through the lobby of the old building I once worked in. It was just as stately and marbled as I remembered it being.

I also sat on a marble bench, but that may not be the right word for it because it has no back, outside of the post office  a block away. I would sometimes eat my lunch there, watching the people going by as I tried to imagine what my place in the world was going to be someday.

Sitting on that same bench yesterday morning reminded me of how the world has turned upside down since then. I got married, had two very lovely daughters come into my life, and now have a house and a mortgage and two cars and a few other things. The ride of life has been very good over those years, and I have many fine memories that have shown up in this space over the years.

But the ride still  continues, as it will until I finally come to the edge of my mortality. When and how that happens remains a mystery, but I’m leaving this behind as a remnant of my life for after it happens.

I moved away from the building and the bench, as I imagined I would, and was happy for the having the chance to sit on it once again and remember those days.

Ferris Bueller said that life moves pretty fast, and if you don’t look around, you could miss it. I’m writing this to affirm that it does, and that I haven’t.

The First Amendment, UIC, and Donald Trump

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I earned my Masters degree at the University of Illinois at Chicago, or UIC for short, back in the early 1990s. I never really considered it as my alma mater, because I didn’t live on campus and my degree only took two years to complete. I was working full time and going to school at night, so my heart was never completely invested at UIC. But I am glad to have an affiliation with them, all the same.

I didn’t like the fact that Donald Trump had planned a rally on the UIC campus for the Friday before the Illinois primary. I wrote a piece for HistoryBuff.com, pointing out that Trump’s anti-immigrant rhetoric was at odds with the life’s work of Jane Addams, who ran Hull House for decades in the neighborhood where UIC now stands, as a place where immigrants could feel welcomed into Chicago and the United States.

If you were to strip away everything else from this country, you would find that immigration is what makes the USA great. Trump simply doesn’t understand this, and it’s one of a long list of reasons why he’ll never be president.

But before tonight’s rally at UIC could commence, there were tensions both inside the venue and out. Trump called off the rally, and his supporters cried foul. They wanted to hear their guy speak, and those who opposed him had denied them of their opportunity to do so. What the protesters did, at least according to Megyn Kelly of Fox News, was deny Donald Trump’s rights under the First Amendment to the Constitution.

At the risk of sounding crass, I’m calling bullshit on that argument.

Strong language is needed here, in order to fully address the claims that have been made. The suggestion that Donald Trump has a First Amendment right to make a speech at any public venue of his choosing is simply false. It reveals an ignorance of what the First Amendment actually says, which is as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The First Amendment, as adopted more than two centuries ago, restricts the actions of Congress. That’s all. And Congress has made no laws restricting what Donald Trump says,  either in Chicago or anywhere else.

Donald Trump can say just about anything he wants to say, and so can the protesters both inside and outside the building where the rally was scheduled to take place. Nearly everyone feels passionately about Trump, either in favor of him or against him. And Congress should have better things to do than sorting out what Donald Trump and his protesters have to say.

If Trump didn’t speak tonight, it was because he decided not to take the stage. Trump let down his supporters at UIC, but Congress had nothing to do with this.

Freedom of speech is alive and well tonight. But as for an understanding of the Constitution, that’s a different story.

A day with my mom

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I’m getting to a place in life where many of the people I know have lost one or both of their parents. I have to admit to an embarrassment of riches on this front, because both of my parents are still with us, and still physically and mentally vibrant. I don’t usually think in terms of blessings, but it’s impossible to see this as being anything else.

My mom came to Chicago this weekend, to see both of my daughters perform onstage. The weather was abnormally spring-like for late February, and I was glad because it allowed us to get out and enjoy the city. The planet’s still in trouble from all the things we’ve been doing to it, but at least it gave me the chance to enjoy a day with my mom. Everything’s relative, isn’t it? And yes, I did intend that pun to get through.

My mom has given me and my siblings everything she had, and feels bad that she couldn’t do more. I feel that way about my own kids, and every parent has the same feelings, I suspect. But if we’re really lucky, we’ll get the chance to spend a day with them and tell them how much it is appreciated. That’s what love is made of.

 

Life imitating Art

The death of David Bowie has continued to resonate with me this week. And an example of this came from an everyday incident that turned into a haunting encounter with his music in a Chicago cemetery.

I was driving south on Western Avenue yesterday, on my way to pick up my older daughter from play rehearsal. I had a bottle of sparkling water from our garage with me, to drink it along the way. As I pulled up to a red light, I twisted the cap on the bottle and things went dramatically wrong.

The bottle’s contents were in a semi-frozen state from being stored in the garage, and the act of releasing the pressure caused a spray all over the car’s interior. In an instant, I had drenched myself without intending to.

Fortunately, the light I was stopped at on Western Avenue  is the street that leads into Rosehill cemetery, which I’ve written about many times in this space. I decided to pull into the cemetery, get a blanket from the trunk to dry myself off, and use some wipes to clear off the car’s control panel. When the light turned green I signaled for a turn, just as David Bowie’s “Lazarus” came on my iPhone shuffle playlist.

Driving into the cemetery, the initial bars of the music spoke to me. The music is haunting and beautiful, and the wail of the horns reminded me that, like David Bowie, every one of the people who are buried here have already crossed over to the next world, whatever it is.

I remembered why I was there, but only just barely. I parked the car, and got out to witness a 360-degree panorama of death, in some ways similar to the one I had experienced on Halloween just a few month ago. But this time I had a musical accompaniment, and it made things that much more affecting.

Scanning the horizon, I saw graves with inscriptions for people I’ll never know. And I reminded myself, yet again, that my stay on this planet won’t be any more permanent than theirs were. Whether I will get 69 years and two days on Earth like David Bowie did still remains to be seen. But the time will come when I will have to return to the wardrobe, as Bowie does at the end of the Lazarus video.

Do yourself a favor and watch this, if you haven’t already. With 22 million views and counting on You Tube, it’s having quite an impact.

After the song was ended, I cleaned up the mess in the car and on myself that had led me to the cemetery in the first place. I then drove away with a new appreciation for the fleeting nature of life, and the astounding work of art that David Bowie created in his final days. And an understanding of gas trapped inside frozen bottles, as well.

Art, Religion, and David Bowie

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 This is a tale about art and religion, with some David Bowie added in for good measure.

The story begins in a Catholic grammar school during the 1970s and early 1980s. The pastor of my parish was an elderly man who called every boy “Butch” and every girl “Sissy.” The priest’s name will not be used here since–as with most of my recollections–it’s not really germane to anything. But he was the leader of my church, and a figure that everyone in the parish was familiar with.

I never embraced Catholicism very much, and by the time I started high school in the early 1980s, I was going through the motions of going to mass every Sunday morning. I’d routinely find ways to get out of it, usually by claiming to go to Saturday mass instead and then driving around for an hour. My parents always went to mass on Sunday, and we (my brothers and my sister) went with them more often than not.

After I went away to college in the late 1980s, I found that even the pretense of attending mass was no longer necessary, so I stopped going altogether. My break with Catholicism was several years in the making, but by 1987 it was finally done. I became the “recovering Catholic” that I have been ever since.

In the summer of 1988, I attended a screening of Martin Scorsese’s The Last Temptation of Christ at the Biograph theater in Chicago. It played in very few cities, and on a very few screens, because of the controversial nature of the book that it was based on. In a nutshell, the movie plays out the story of Jesus’ life, and then adds a twist as he is nailed to the cross. He is offered a chance to live as others do, with a wife and children. And Jesus is shown with Mary Magdalene and a family. And that was more than some were ready to handle, including my old parish priest.

A week after seeing the movie, I went home to visit with my family before classes began again in the fall. And, as per family custom, we all went to mass on Sunday. I hadn’t gone in a long time, but I didn’t want to create a scene by refusing to go, and so I joined in.

The mass was the same old same old until the time came for the priest’s homily, and that’s when it got interesting. It turns out that he had an opinion about the movie, and he wasn’t afraid to share it, either. The very idea that the movie showed Jesus “fantasizing on sex” (an odd phrasing, but one that he kept repeating over and over throughout the sermon) was just too much. It was a reprehensible movie, in his view, and no one in our parish should go and see it.

After years of mass attendance, and hundreds of services, I had finally heard too much. It was obvious to me that the pastor had not seen the movie at all, and had only read or heard about it from someplace else. The very limited release of the film meant that anyone in his parish could not see the movie for themselves, absent a 400-mile round trip to Chicago. And nobody should ever go to those lengths to see a movie.

The movie didn’t show Jesus in the way that the priest was claiming. People might fantasize about something of their own volition, but temptation–as I understand it–comes from an external source. The devil in the movie holds out the possibility of a different life to Jesus, with the hope that he will find this way preferable to dying on the cross. But Jesus rejected Satan’s offer, and at the end of the movie he dies on the cross, instead.

The only difference between Jesus in the movie, and Jesus the way I learned the story in Catholic school, was that the fictional Jesus was tempted, unsuccessfully. The devil’s failure to persuade Jesus to give up his divinity for a domestic life instead was intended to challenge–but ultimately reaffirm–the traditional ideas about Jesus. Roger Ebert understood this, but it was somehow lost on my parish priest. Perhaps this is because Ebert had actually seen the movie in question.

I began writing this piece in the summer of 2013, to coincide with the 25th anniversary of the film’s very limited–and very controversial–release in theaters. Something came up on that day, and I saved a draft of what I had written, with the  intention of finishing it off and getting it onto my blog. It wasn’t until the death of David Bowie earlier in the week that I even realized this was still here, languishing in my Drafts folder. And at this point I’d like to pivot to Bowie’s involvement in the movie, in one scene as Pontius Pilate.

Bowie was certainly no stranger to the silver screen, and his list of film roles underlines what a screen presence he really was. I don’t like like writing about him in past tense, either, but that’s the way it has to be now.

So the film’s second-worst character (after the big serpent, of course) was filled by one of the biggest musical stars of the decade. If there was any sense that this could have been a hazardous or toxic role for Bowie’s career as an artist, it didn’t prevent him from brushing them aside and taking the role, anyway. And he nailed the part, playing a Roman official with a gravitas that made you forget about his Ziggy Stardust days and his jumping around with Mick Jagger in the Dancing in the Street video.

Art, such as the Last Temptation novel and the film it was later turned into, has the ability to challenge us, and make us question who we are and what we’re all about. It has the power to change us, if we want to be changed, and the power to reinforce things that we may already know. But art’s ability to do either of these things is limited to our willingness to expose ourselves to it in the first place.

I wouldn’t have allowed a priest to tell me I can’t see a movie, not in 1988 and certainly not today. And if I hadn’t already seen the movie when I heard that ill-informed homily back then, I would have missed an interesting film and a very credible performance from an artist who’s no longer with us. And that would have been very unfortunate, indeed.

David Bowie could do it all: sing, play guitar, write music, act, and look the part of a Roman with a style that nobody else had. Dusting off an old, half-finished idea from long ago and posting it online is a humble tribute to him, but one that I’m still very glad to offer here.

Art has always been made, and will always be made, and Bowie’s role in this process is worth remembering and emulating, whenever possible.

 

California Dreamin’

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I took this picture last year, on a family visit to California. And now, nine months and a few days later, I’m in this cold Northern town that I call home. But at least there’s a place like this somewhere in the world.

The calendar says it’s Christmas time

 

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I must point out that this is not my house. I drove by it yesterday, on my way to work in suburban Chicago. The warm weather, dense fog, and lack of anything suggesting winter temperatures made the collection of lawn ornaments seem forlorn and out of sorts.

Everybody has their passions in life, and whoever lives in this house has probably been collecting these things over many years. I understand that they’re lit up at night, too, which must take this display to another level altogether.

This planet is in trouble, everyone. Blame it on El Nino if you want, but I’m more than a little concerned that my younger daughter could walk around this evening, at night time in Chicago, and hand me her coat because she didn’t need it. On December 23.

We love our fossil fuels, myself included, but they’ve come with the price tag of a warmer planet, melting ice caps, and rising sea levels. And while these lawn ornaments won’t actually get flooded, they will look a little silly on those warm December days in the years ahead.

I wish peace to everyone, whether they read this or not.

 

He never had a chance

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This undated autopsy diagram provided by the Cook County Medical Examiner’s office shows the location of wounds on the body of 17-year-old Laquan McDonald who was shot by a Chicago Police officer 16 times in 2014. A judge on Thursday, Nov. 19, 2015 ordered the city to release squad car dashcam video of the shooting. The officer has been stripped of his police powers, but remains at work on desk duty. (Cook County Medical Examiner via AP)

Today I’m going to the football game between Northwestern and the University of Illinois at Soldier Field. I’m wondering if there will be any crowd control issues, given all that has happened in the wake of the Laquan McDonald video release. I certainly hope not, but my mind goes back to Camden yards in Baltimore after the Freddie Gray case. They played a game in an empty stadium, rather than serve as a target for what was going on in the streets at the time. That’s not going to happen today, so we’ll all have to wait and see what plays out.

I’m taking my cellphone to the game. If anybody wants to sign up for periscope, a twitter app that allows for videos to be broadcast live, and follow me @Rlincolnharris, I’ll put anything interesting online. I hope I don’t get that chance, but I’ll probably show something at some point, regardless.

But my larger point, which I may come back and revisit after this is all over, is that a kid like Laquan McDonald never had any chance of making it onto campus at either school. None whatsoever. He likely attended a school in the Chicago Public Schools, or CPS. I taught in CPS myself, many moons ago, and I left as quickly as I could find something else to do. And after years of being under-educated or merely just looked after, Laquan McDonald probably did the same thing.

At 17 when he was killed, it’s possible that he was still in school when he was killed, but I think I would have heard something about that by now if he was. My guess is that his crappy school, whatever name it was known as, had nothing to offer him, and so he left. No diploma, no opportunity to get a job (because those were shipped overseas a long time ago, or they never existed to begin with), no chance at anything but a life on the streets. It is preferable to death on the streets, but in time he would have found that, too. The officer who is being charged with Laquan’s murder just got there first. And the murder charge is all a show, too. It won’t stick, and when the case is dismissed or the jury refuses to convict, we’ll be right back here all over again.

I hope they play the football game today. And I hope something somehow changes so that a kid like Laquan McDonald can aspire to go to either school someday. The first could happen, but the deck is very highly stacked–overwhelmingly so–against the second.