Guilty verdict in Lake Charles

I had not felt compelled to discuss the Mary Elizaberth "Liz" Marinello murder case until the guilty verdict was rendered yesterday against her estranged husband and local sportscaster Vince Marinello. Much of the circumstantial case centered on Marinello's alibi and a checklist he admits he composed which prosecutors used to show his premeditation in the shooting death of the 45-year-old woman in front of the sleepy Old Metairie neighborhood apartment complex where Vince Marinello had been living under house arrest for much of the last two years. The story captured everyone's attention in New Orleans because of the celebrity involved, reverberations even being felt in Cleveland, where I was living at the time of the murder. Because of enormous pre-trial publicity surrounding the case, the venue was changed from Metairie to Lake Charles, a three-hour drive from New Orleans. The case took place over a two week period with prosecutors putting a number of witnesses to the actual shooting on the stand. In addition, jurors heard from a local arms dealer who testified that Marinello came into his now-closed gun shop to purchase a weapon for protection. According to the gun dealer, he recognized Marinello right away due to his celebrity status from TV and radio stints over the course of the last four decades. According to his testimony, he remembered selling special armor-piercing teflon-tipped 38-caliber bullets that detectives said were used to kill Liz Marinello. Witnesses described seeing a scruffy looking man in shabby clothing with a moustache and beard pacing the area before the two shots that rang out in broad daylight. One witness claimed that she recalled seeing the assailant's eyes and that they were wild-looking. She identified Marinello as having the same eyes. Witnesses reported they saw the same shabbily-attired man quickly pedaling away on a bicycle just after the attack. Prosecutors gave an interesting motive to the crime. They said that Liz Marinello had found out that her husband had not legally divorced his previous wife before marrying her. That meant that Liz Marinello could have leveled a charge of bigamy at the radio sportscaster. A vain and self-centered Marinello surprisingly took the stand to defend himself over the last two days of the trial, a move that must have delighted prosecutors. He tried to explain away his purchasing the faux facial hair from a costume shop as well as his purchase of the gun so close to the murder. His take on the check list detectives discovered in the FEMA trailer he was living in at the time of the murder? According to Marinello, the list was simply notes he had taken regarding his being considered a suspect in the murder and his attempt to counter each one of them. He suggested that he was going to contact Jefferson Parish Sheriff Harry Lee, now deceased, to discuss the list and explain how the perpetrator could not possibly be him. Lee's phone number as well as two others and a detailed map of the crime scene were allegedly on the list. Several of the checked items also contained information not known to the public, according to Sheriff's deputies. Such items as "Gun - river on way to mama" didn't seem to gel well with jurors as something that could be easily explained away. He also claimed he had never fired a weapon in his life, then admitted to prosecutors that he had lied and had discharged a weapon on the ground of his property around the time of the murder. That was the reason, he claimed, that gunpowder residue was found inside his car. Marinello's alibi that he left New Orleans at a specific time and was on his way the Byram, Mississippi to watch a Saints game with friends at the time of the murder was challenged by prosecutors who used his cell phone records and tower transmission reports to indiciate that he left New Orleans much later than he claimed. Jurors took only an hour and a half to unanimously find the 71-year-old Marinello guility of second degree murder. The mandatory life sentence carries with it a condition of no possibility of parole or commutation of sentence and the judge in the case says that the sentence will be handed down in two weeks. Marinello's 94-year-old mother met with her son briefly after the verdict was announced in a room adjacent to the courtroom. It will probably be the last time they will see each other without thick glass or iron bars between them or him wearing manacles and chains. In the meantime, Liz Marinello's relatives and friends are considering the verdict as an early Christmas present. Prosecutors state the murder was calculated, premeditated and particularly gruesome. They need only point out that Liz Marinello perished as a result of two shots directed to her face. My feeling is that justice has been served, but that all of those involved in the murder case -- with the possible exception of the now gleeful prosecutors -- have all been put through a great deal of unnecessary torment and pain. Perhaps, the healing process can move forward as still-grieving family members hope to gain closure and move on and Marinello is sent to prison for the rest of his life.

Snow in the Crescent City

Pictured above: a palm tree, my home and the historic St. Charles Streetcar in the New Orleans snow

The last time I recall a snowfall in New Orleans was on December 25, 2004; like everything else we use to gauge time here, it was pre-Katrina. Truly, it was a White Christmas. At that time it snowed for a little over an hour in the This morning the snowfall has been falling steadily for well over an hour and the grass has begun to be covered by a thin layer of the white stuff. People in my former abode in Cleveland are used to dealing with much larger accumulations than we will see today, but the fact that it is snowing is a big deal and probably a lot more dangerous, since most people here don't know how to drive on snow or ice. Also, there are virtually no contingencies prepared to deal with snow or ice on the roads or highways here and, given the lack of abilities of drivers to navigate through snow, there is potential for a good number of accidents. Some bridges have been closed due to icing, but most major roadways, including those with elevated portions, were kept open. All of that notwithstanding, it is a very pretty, albeit a very rare sight in New Orleans.

The right of return and Rubashkin

A fairly dangerous precedent that could have ramifications for all Jews was just set in an Iowa courtroom on December 5. In a story filed by JTA recently, lawyers for Sholom Rubashkin, the former supervisor of the Agriprocessors kosher meatpacking facility in Postville, Iowa, asked a judge to reconsider his decision to deny bail in the case. In Rubashkin's case, prosecutors have stressed the possibility that Rubashkin could avoid jurisdictional prosecution for hiring illegal workers and bank fraud by fleeing the country and seeking sanctuary in Israel. They cite Israel's Law of Return, which grants automatic citizenship to every Jew, as their primary concern. Apparently, the judge agreed, particularly when it was pointed out that two former Agriprocessors employees also suspected for illegal acts did, in fact, flee and are presumed to be living now in the Jewish State. To his defense, Rubashkin's attorneys have offered to provide additional measures, such as 24-hour monitoring and any other security measures as determined by the court. They argue that Rubashkin has deep roots and connections to his family and the Postville community and that he is unlikely to be a flight risk. Several of Rubashkin's family members also agreed to post bonds with the equity built up in their homes in order to guarantee his appearance in court. Where the arguments may seem plausible, the thin veneer behind the prosecution suggests that any high-placed Jew under suspicion or facing indictment for alleged criminal acts could be denied bail due to the Law of Return and the possibility of flight to Israel to avoid prosecution. "That means that 5,300,000 Americans would be viewed as heightened bail risks simply because they are Jews" wrote Rubashkin's attorneys in their pleadings before the judge. Ironically, they point out, the Law of Return, intended to be used to provide sanctuary for persecuted Jews, is now being used as the basis for detaining a Jew, who were he not Jewish, would probably be freed on bail. As Rubashkin's attorneys pointed out, two Supreme Court Justices and the current Attorney General of the United States could, likewise, be considered Israeli flight risks. This is a very dangerous precedent and smacks of unequal application of the law and a possible deprivation of Rubashkin's civil rights. Whether Rubashkin is innocent or guilty is of no import here. He should have his day in court to determine that. However, an Israeli law should not be used to keep him confined while preparing for his defense in a court of American justice.

The Times They Are A'Changing

The last several days have been a whirlwind of deep introspection and elections. While I was working with the Chilankatoba Lodge of the Order of the Arrow, Scouting's National Honor Society, I had an opportunity to take part in ritual work that dates back to the order's founding in 1915. The experience was deeply personal and quite thrilling. As a result of my time spent in the outdoors, I achieved a greater connection to my fellow Arrowmen, much of which I can't and won't discuss. Suffice it to say that it will be something that I will treasure for the remainder of my days as I continue my association with some of the finest young men and dedicated Scouters I have been privileged to know. It was late Saturday night that I perchance was in my car driving back to my campsite when I heard the unbelievable news. William Jefferson, the controversial nine-time U.S. representative from Louisiana's Second Congressional District had been defeated by a relative unknown, a 41-year-old political newcomer named Anh Joseph Cao (pronounced Gow to rhyme with cow). Cao became the very first Vietnamese-American elected to Congress. Jefferson was stunned, especially after defeating Democratic challenger and former newscaster Helena Moreno last month and emerging from the primary as the frontrunner a month earlier. Blame it all on Hurricane Gustav, the storm which preempted the Democratic primary scheduled for the first Saturday in September. With Jefferson forced into the runoff with Moreno in November, many of the members of his district -- gerrymandered to maintain a large black population -- thought he had won it all at the same historic moment in time when Barack Obama was elected the nation's first African-American president. But in reality the final election took place this weekend and Gao took advantage of extremely low voter turnout (60,000+ versus 160,00+ the month before) to capture the Congressional seat from Jefferson. To Gao's credit, he is a capable lawyer who was strongly supported by the local Vietnamese-American community in addition to those in the electorate who were embarrassed by Jefferson's recent indictment and pending trial as well as other indictments leveled at other family members. The Jefferson family once considered one of New Orleans' most powerful may soon be one of the most convicted if but some of the charges leveled against Jefferson's brother Mose, sister Betty others are proved in court. Had Jefferson run against Cao in November, there is little doubt that he would be back on Capitol Hill for another two-year term. As it turns out, a new face will be representing New Orleans, albeit for the minority party. In addition Cao will have very little power to wield in his inaugural term given the fact that he was elected as the junior member of Congress last Saturday and that all of the major committee assignments have already been handed out. But it's not really much of a loss of power for Louisiana: Jefferson had been stripped of his leadership posts when the indictments were first handed down. So, it seems like a win-win proposition. The people of Louisiana win and Cao wins. Or, perhaps it's a lose-lose situation: Jefferson loses and the people of Louisiana lose an embarrassing, impotent leader who had outlived his political usefulness.

Meanwhile, I note with sadness the passing of folk singer and American music legend Odetta last week. Odetta was a powerful voice in the Fifties and Sixties, who inspired folk singers like Joan Baez and Bob Dylan, both of whom went on to become even more well known voices for change in the country. In 1965 my mother, father and uncle promoted a concert at Loyola Field House with Odetta during a time when the civil rights struggle was in full swing. Her deep vibrato seemed to well up from within her soul, while her acoustic guitar was used as both a rhythmic and percussive device. Here's al link to a fellow Jewish blogger, Danny Miller's"Jew Eat Yet" tribute to Odetta. Odetta, who sang at the side of Martin Luther King, Jr. at the Lincoln Memorial when he delivered his "I Have a Dream" speech, was slated to repeat a performance at the historic inauguration of Barack Obama. In fact her most recent album, "Odetta: Lookin' for a Home" was nominated for a Grammy Award. Odetta was 77.

Flying my flag in the face of festivity

I am not a member of an insular Jewish community. I will be the first to admit that. Nevertheless, were I to live among the more observant community, I would have to be blind, deaf and dumb were I not to admit that the overwhelming message of the holiday season seems to have very little or nothing at all to do with my religion. Living as I do in a an old, but small Jewish community, it is a challenge to deal with all of the outside holiday trimmings and keep on target towards enjoying a spiritually meaningful Jewish experience. There is guilt in that we must acknowledge in one way or another that the ongoing hoopla and rush to the stores is in response to a gift-giving holiday that begins with a "C" that is not Chanukah,. I remind all of my Jewish friends and relatives that Chanukah celebrates victory over oppression and a rededication of spirit and really has nothing to do with the giving or receiving of gifts. That expression of holiday celebrations is a much more recent invention that permits well-meaning Jews who want to be included in the "spirit" of the Christmas season to take an active part. All Jews are commanded to do is light the Chanukah lights each night and say blessings. The gift giving is entirely up to us. Having grown up in a Southern Orthodox home, it was not until I was a seven-year-old that I learned that my family was different from most of the others. It seemed wrong that I couldn't have presents and enjoy colorful lights and beautifully festooned trees that seemed somehow magical. And then there were the TV specials like "Frosty the Snowman," "Rudolf the Red-Nosed Reindeer" and movies like "It's a Wonderful Life" that all hawked the significance of Christmas. To a kid like me I craved programs like that. There was virtually nothing on Chanukah. I have to face it: Chanukah songs like "Rock of Ages" or "Ma'otz Tzur" are stirring calls to arms and pride in faith. "I Have a Little Dreidel" is very cute. Yet they pale in comparison to the dozens of Christmas melodies that permeate the airwaves and clog store shelves at this time of year declaring peace, universal love, and religious faith. In fact the family record store I managed and worked in from my early years depended heavily on the income derived from holiday sales in order to keep afloat each year. Suffice it to say we didn't depend on sales from the Jewish community in support of Chanukah or we would have shuttered our doors decades ago. I do take a bit of Jewish pride in remembering that Irving Berlin wrote the biggest holiday sellers for both Christmas and Easter. So, it is a challenge to keep faithful at this time of year despite the barrage of billboards, advertisements and commercials thrown in all directions. And the question that many in the Jewish community ask each year: "Is it permissible to wish a non-Jew holiday greetings?" and if so should we say 'Merry Christmas' or just 'Happy Holidays?'" I’m certainly not the person to ask for a ruling here, because the answer depends on one’s level of observance and comfort in relating to others. Frankly, in my business dealings, it was expected that extending seasonal greetings to non-Jewish clients was not only good form, but essential to keeping them as customers. Personally, I don’t consider myself a bad Jew by wishing someone else a good holiday observance or celebration of his or her own. It is not something that will test my faith, but some will differ with me on this point, so I will leave that up to sharper wits and greater minds to debate. So on this first week of December, as I am overwhelmed by the green and red trimming that abounds, I take one small step for myself to give me a sense of identity and to make me feel at ease in a sea of festivity not of my own, but to which I relate in a small way. Today I display my Chanukah flag. As the blue, white and golden figure of a Chanukiah unfurls in the wind, I see it as a tiny gesture of Jewish identity on my part. The flag flies bravely in the face of an overwhelming majority in a land where, thankfully, we are free to follow different religious paths – whether insular or not – and feel good about ourselves at a special time of the year for all religions when we all truly should.

Who is Radio-J and why does it sound like me?

Starting very soon at an Internet radio station near you is my newest venture. Fans of my writing have been enjoying or dealing with my Kosher Computing blog for almost a year. Now, through the magic of the Internet, everyone who is interested will be able to not only read my words, but hear them as well. It's all part of the programming over Radio-J, the Jewish Internet radio station heard at http://www.radio-j.com/ . Radio-J is the brainchild of Cleveland area broadcasters Phil Fink and his son and program director Shawn. Phil has been a fixture of the Cleveland airwaves for over four decades with his "Shalom America" program. His son has followed in his illustrious broadcaster father's footsteps, putting together an impressive lineup of commercial-free Jewish programs that can be heard at any time of the day with just a simple mouse click. The key program on Radio-J.com is Shalom America Worldwide, a live program anchored by the elder Fink on a Monday through Friday basis from 9 a.m. to 12 noon, Eastern Time. Other programming includes stories for kids, "Chai Time" for young adults, chazzanut from various cantors in a program titled "Cantor's World" and even a resident psychologist, Dr. Mark, who offers advice and information. Now enters yours truly with radio commentaries that I hope will be insightful, humorous, timely and pertinent to Judaism in one way or another. "Spinning your Jewish web" the website proclaims and in short order listening to the beautiful Jewish music heard on the website will become a habit. Aside from my writing, I have had extensive experience as a broadcaster since the 1970s. So, please welcome me, your friendly neighborhood webslinger as I make my humble entrance over the airwaves of Radio-J. It's enough to make my Yiddishe Mama smile.

An opportunity for mitzvah in the midst of mourning

Monday night and elsewhere around the world, Chabad organizations began to unveil a very determined and organized campaign to keep the spirit of Rabbi Gavriel and Rebbetzin Rivkah Holtzberg alive several days after their shattered bodies were discovered at the Nariman House, the Chabad House in Mumbai. While similar faith-based groups might point to the need to keep their programs alive and campaign for monetary contributions in the memory of those lost, Chabad asked instead for a commitment from those attending the memorials that was far more lasting than financial. After showing short videos on the lives and sharing some of the experiences of the Holtzbergs, they asked for mitzvahs to be observed. They asked that Jews be more Jewish in the way they live so that the Holtzbergs loss to the world would become more of a blessing than a tragedy. Women who never light Shabbat candles or men who never lay teffillin (phylacteries), for example, were encouraged to start. Everyone was asked to learn to read Torah or to begin to keep a kosher home. What they asked for in return were small items to some, but reflected a lifetime of commitment to Jewish faith and practice. Chabad's shluchim reflect on the Hebrew word shaliah, which means "legal emissary." The first shaliah to whom the Torah refers is Eliezer, who was sent by Abraham to find a wife for his son Issac. The Chabad organization has sent hundreds of shluchim across the globe for decades to areas that are somewhat devoid of observance (domestic posts like here in New Orleans) and to places that are flashpoints for violence or under oppression from governments (places like the Congo and Morocco come to mind). Similar husband and wife or rabbi and rebbetzen teams have willingly left the relative safety of American homes to struggle in far-away lands attempting to build Jewish homes and community. It is incredible for me to consider that they are all observant Jews inspiring others there with acts of chesed (kindness) and ask nothing more than that Jews live a more observant lifestyle. To this end the Chabad.org site has created a "good deed" site where others can pledge their mitzvot (commandments) in memory of the Holtzbergs. Meanwhile, the Holtzbergs were buried to the tears of hundreds of compatriots and family members there. Both Holtzbergs carried Israeli citizenship, although Rabbi Gavriel was a naturalized American who held dual citizenship. Tragically, the Holtzbergs lost a very young daughter to a genetic disease this past year and the fact that Rivkah was six months pregnant at the time of her murder was revealed by her grandfather, a Chabad rabbi living there. The brightest spot in the midst of this very grave event was the successful rescue of Moshe, the Holtzbergs' son who turned two this past Saturday. The nanny, Sandra Samuel, is being considered for the coveted title of "Righteous Gentile," a term that Yad Vashem, the Israeli organization that bestows the honor, usually only considers for rescuers of Jews during the Holocaust who did so at great peril to themselves. Obviously, Samuel's actions meant life for the Holtzberg family in the midst of death. Her brave actions ensured the survival of the young boy who cried "Ima...Ima! (Mama...Mama!) at his parents' funeral yesterday. She arrived in Israel on a visa Monday night and will stay with Moshe for at least a year. If bestowed the title of Righteous Gentile, Samuel may elect to stay there permanently. In the meantime, one does not have to be Jewish to remember the victims of the Mumbai Massacre. There were 172 people slaughtered in coordinated attacks of terror in the city formerly known as Bombay. If we all do one thing in remembrance of those slain -- act with kindness towards one of our fellow humans near us -- we will honor their memories to the penultimate degree and cheat their murderers of any victory.