Madison County Record

The Nature of Patriotism

Sat, 04 Jul 2009 09:57:00 CST

With the 4th of July weekend Holiday now coming to a close, on this the most patriotic time of the year, it seems proper to ask the question - what is the true nature of patriotism? Along with fireworks, pork steaks and beer, some introspection on the 233rd anniversary of the founding of The American Republic seems to be in order.

Patriotism - like former Supreme Court Justice Stewart's analysis of pornography - may be difficult to define, but we know it when we see it.

Flags waving, bands playing, speeches made, salutes given and returned, these are all tangible symbols of patriotic fervor. But are they imprecise and imperfect? Is the nature of the noblest of emotions - the heartfelt devotion to the Country and the principles upon which her foundation rests - embodied in less visible, less acceptable forms of behavior?

"Dissent is the highest form of patriotism." This quote, inaccurately attributed to Thomas Jefferson, came into vogue during the early days of Iraq War II, its actual author being unknown but regularly credited to liberal playwright and activist Howard Zinn.

The phrase was vocalized rationalization for opposition to the policies of the Bush Administration, as if such was necessary. In the heady aftermath of 9-11, dissent became MIA. The desire for unity in the face of unparalleled terrorist action stifled the voice of those opposed to the military option. While I believed then and still believe in the righteousness of the Iraq War - as recent history has shown in vindication - to oppose any governmental action in a peaceful, respectful manner is indeed the essence of the American experience, revolution and rebellion being its surrogate fathers.

The document signed in Philadelphia on July 4, 1776 was nothing short of an act of open defiance to the Crown, a symbolic and actual one fingered salute to the ruling Establishment. From this seed, the tree of Liberty sprouted, nurtured always by the right of the citizenry to vocally dispute any governmental actions, rights specifically protected by the 1st Amendment. Such a blessing indeed shields the right to disagree, to dissent, to dispute the official line. It is wasted, it is diluted when the press become co-opted, become no more than designated cheerleaders for the party line, become so enamored with the current occupant of the White House that they fail to be the watchdog that the Constitution both allows and in fact compels.

As we speak, there is a hint of the "highest form of patriotism" blowing across the Nation in the shape of the so-called Tea Party movement. Named after the famous Boston Tea Party of "no taxation without representation" days, its members are rebelling in classic fashion against what they perceive to be encroaching socialism, fiscal policies that program long term disaster and the apathy of the mainstream media.

Ridiculed by commentators on the Left and insulted with ad lib comparisons to porno movie scenes, the Tea Parties actually reflect the essence of a free Republic - the right, indeed the duty, to petition for grievances. They deserve not sneering mockery, but respect, as respect for traditions, coupled with a knowledge of the history of such freedoms is the core of true patriotism.

So little is either known or cared about the history of dissent, either by choice or by indifference. This point was made clear at the most recent Alton block party, with the band "4 by 20." An excellent cover band for Crosby, Stills, Nash and Young, at the end of the night they played the song "Ohio," one of the greatest Rock protest songs of all time. If you were alive in May of 1970, you remember and relate to the words of ... "four dead in Ohio," and the plaintive, funeral like cords. If you were not, you simply danced up a storm to the music, as if it were another Michael Jackson tune, and were amused by that old fat guy in the back, doing the up - raised fist, power salute with his Bud Light.

Every Sunday during the summer, Haskell Park on Henry Street is home to an old fashioned band concert. The music can be heard down the street, and on our front porch, where we sit and listen, both enjoying a glass of cold white wine and I get to smoke a cigar. More oft than not, we have the pleasure of the company of one of Alton's finer couples, Ed and Patty Morrisey. At the concert's end, the National Anthem is heard, and we stand. Our gesture of patriotism, our gesture of respect. No prompting, no witnesses, just four Americans silently being appreciative.

Were it so easy, were it so broad.

One defendant out as judge considers other dismissal motions in Cueto suit

Fri, 03 Jul 2009 10:31:00 CST

Cueto

Six defendants remain in a lawsuit filed by a former St. Clair County attorney who says a newspaper columnist, two newspapers and others conspired to intimidate judges and cast him in a false light.

A seventh defendant, Executive Risk Indemnity, the company that insures some of the defendants, was granted a dismissal by Madison County Circuit Judge Barbara Crowder at a hearing held on June 29. Cueto was granted leave to amend his complaint to include the insurer if he obtains evidence of its involvement in the events giving rise to the litigation.

The remaining defendants in the 2008 suit filed by Amiel Cueto include Lee Enterprises Inc., owner of the St. Louis Post-Dispatch, its columnist William McClellan, The Madison County Record and its attorneys, McDermott Will & Emery LLP (MWE), the Institute for Legal Reform (ILR) and the Chamber of Commerce of the United States.

Cueto's suit stems from a column by McClellan, "Amiel Cueto has a gift, or maybe he doesn't," related to a suit Cueto had filed against the Record in St. Clair County. That suit was later dismissed and the dismissal has been appealed by Cueto.

Cueto is seeking compensatory damages in excess of $75,000 and punitive damages in excess of the same amount for each of the 11 counts in his complaint.

He claims that, in connection with publication of the McClellan column, the seven defendants invaded his privacy by casting him in a false light, intimidated St. Clair County judges and witnesses and conspired to intimidate judges.

Monday's hearing addressed motions to dismiss made by all the defendants.

Joseph Martineau, attorney for Lee Enterprises and McClellan, argued that Cueto's suit did not name the right defendant � in this case, the Post-Dispatch LLC.

More fundamentally, Martineau contended the suit should be dismissed for several reasons. He cited the innocent construction rule as protecting the opinions expressed in McClellan's column. He said the columnist and paper were protected by the First Amendment, Illinois common law and the state Citizens' Participation Act.

"There is in this country a First Amendment that guarantees free expression," Martineau said. He added that he was "astonished" that Cueto could claim a newspaper column constitutes an unlawful threat to a witness by itself.

"Simply being in a newspaper isn't criminal intimidation," Martineau said.

Martineau and the other attorneys present all argued that Cueto could not state a claim for damages based on the alleged violation of the criminal conspiracy statute, and that Cueto had not alleged any acts in his complaint to show a conspiracy took place.

"If I see a judge in the hall and I talk to him, it doesn't mean I'm engaged in a criminal conspiracy," Martineau added.

Cueto countered that Crowder must, under the law, take his pleadings at face value and that he had met his burden to continue the suit. Cueto argued that McClellan's words were defamatory and that he was entitled to his day in court.

He argued that he personally had witnessed attorneys from the defendants and McClellan gathering together at the St. Clair County Courthouse.

"What they couldn't accomplish in court, what they couldn't accomplish in the law, they accomplished by threats," Cueto said Monday. "I'm just pleading what I saw and the reasonable inferences I drew from that."

Steven Pflaum, representing the Record, ILR, the Chamber of Commerce and MWE told Crowder that his clients were asking for a dismissal of Cueto's suit on the same grounds as those argued by Martineau, as well as for lack of any basis to hold his clients secondarily liable for claims arising out of the McClellan column.

"Frankly, it's harassment," Pflaum said of the suit.

Crowder said she would take all of the dismissal motions under advisement and render orders as quickly as possible.

Cueto is representing himself.

Martineau appeared at the hearing on behalf of Lee Enterprises and McClellan.

Pflaum and Russell Scott appeared on behalf of the Record, Chamber of Commerce, ILR and MWE.

Gary Meadows and Elizabeth Gere appeared on behalf of Executive Risk Indemnity.

The case is Madison case number 08-L-775.

Overloaded trailer caused fatal accident, suit claims

Fri, 03 Jul 2009 09:39:00 CST

A man has filed suit against a St. Clair County company and one of its employees, alleging he sustained severe burns and the passenger riding in the car with him died as the result of a collision.

Brian Luhr says he was driving north on Illinois Route 3 in a Ford F150 pickup truck on May 23 at about 2:42 p.m. Tracy Luhr was riding with him, according to the complaint filed June 19 in St. Clair County Circuit Court.

At the same time, Robert Ehert was pulling a trailer behind a 2004 Chevrolet pick up truck for MC Rentals, also known as MC Electric, south on Illinois Route 3, the complaint says.

Suddenly, about 515 feet north of Route 3's intersection with Amberwood Lane, Ehert lost control of the trailer and the Chevrolet, causing the collision that killed Tracy Luhr and seriously injured Brian Luhr, the suit states.

In addition to his significant burns, Brian Luhr says he was made sick, sore and lame, suffered fractures to his right leg, ribs, spine and facial bones and experienced disability, disfigurement, pain and a diminished earning capacity and ability to enjoy life. He also incurred substantial medical costs, according to the complaint.
Ehert drove too fast considering the size and load capacity of the vehicle he was operating, failed to equip the trailer he was driving with operating electric brakes, overloaded the trailer and failed to train himself in the use and control of motor vehicle/trailer combinations, the suit states.

MC Rentals negligently allowed Ehert to use its truck and trailer in a dangerous manner, the complaint says.

In the four-count suit, Brian Luhr is seeking a judgment of more than $200,000, plus costs and other relief a jury deems just.
He is represented by Jerald J. Bonifield of the Law Offices of Bonifield and Rosenstengel in Belleville.

St. Clair County Circuit Court case number: 09-L-333.

State Supreme Court sets new rules for professional conduct

Thu, 02 Jul 2009 12:20:00 CST

The Illinois State Supreme Court announced new rules of professional conduct for lawyers practicing throughout the state. The rules were announced Wednesday.

The process to change the rules began in 2002. It is the first complete revision of the standards since 1990.

The rules were formulated by legal scholars, judges, ethicists and members of the Illinois State Bar Association and Chicago Bar Association.

The new rules touch on areas ranging from attorney-client relationships to e-mail advertising. The new rules expand attorneys' responsibilities regarding the disclosure of corporate fraud and other fraud issues.

"They are an important step forward in the Supreme Court's ongoing regulation of the legal profession in our state," said Steven Pflaum, a Chicago attorney who is chairperson of the Supreme Court Committee on Professional Responsibility. The committee has been working on the revision of the rules since 2005.

Pflaum was quoted in the Supreme Court's press release on the topic.

"The new rules are especially noteworthy for providing additional clarity regarding lawyers' ethical obligations, and for addressing aspects of the modern practice of law, such as the increased use of alternate dispute resolution procedures, that were not expressly covered by the previous ethics rules," Pflaum said.

Pontoon Beach accident suit settles Thursday

Thu, 02 Jul 2009 12:11:00 CST

A negligence suit brought in 2007 by two families over injuries they received in a Pontoon Beach accident settled Thursday.

Madison County Circuit Judge Barbara Crowder presided over the good faith hearing for the settlement.

Plaintiffs Angela Derosier and Derek Derosier sued Keith Rose on their behalf and that of their children, Joshua and Emily Derosier. Melissa Guthrie, a passenger in the Derosier's car at the time of the accident, is also suing Rose for her own injuries and those she claims her two sons, Timothy and Samuel Guthrie, suffered.

According to the complaint, Rose's vehicle hit the Derosier's on Highway 111 in Pontoon Beach on Aug. 3, 2007.

Rose was sued on three counts of negligence for allegedly failing to keep look out, driving recklessly, speeding and proceeding into the intersection without ascertaining its safety among other charges.

The plaintiffs claimed to have incurred pain, mental anguish,
permanent injury and medical costs as well as lost wages and family income.

The plaintiffs asked for damages in excess of $50,000 and costs for each count.

Though most details of the settlement were not available, the settlement does state that $20,000 will be split amongst the four children involved in the suit, according to attorneys present at the hearing.

Angela and Derek Derosier along with Melissa Guthrie were represented by Brian Wendler, according to court records. The Derosier children were represented by Frederick Steiger. The Guthrie children were represented by Mark Levy.

Rose was represented by Thomas Zimmer.

The case is Madison case number 07-L-1046.

Non-jury trial set for Monday in Granite city motor dispute

Wed, 01 Jul 2009 11:24:00 CST

The owner of an automobile racing motor is asking Madison County Circuit Judge Dennis Ruth for his property back from the mechanic he paid to service it in 2006.

Ruth is scheduled to hear the breach of contract dispute in a non-jury trial set for 9 a.m. on July 8.

Plaintiff John Prior is suing Charlie Cairns, owner of Pro Craft Racing Engines in Granite City, for the return of his motor or in excess of $50,000, costs and attorneys' fees.

According to his complaint, Prior took a 418 cubic inch Ford aluminum racing engine to Cairns' shop in February 2006 for service. In June of that year, he paid, at Cairns' request, $3,500. Over the next five months, Prior claims he paid $7,000 more and tried to make arrangements with Cairns to pay an additional $12,035.

Prior claims Cairns' would not return his phone calls in November 2006 and that he has been led to believe that his engine was sold to another person.

The case was originally assigned to now-retired Circuit Judge Nicholas Byron.

The case is Madison case number 06-L-1072.

Driver claims injuries in St. Clair County suit

Tue, 30 Jun 2009 12:58:00 CST

A Belleville woman has filed suit against the driver who she says hit the side of her vehicle while she was attempting to drive through an intersection.

Jane C. Knop says she was driving her 2007 Toyota Camry east on Washington Street on June 23, 2007, when Mary B. Renner, who was driving south on Jackson Street, hit the side of Knop's Camry in the middle of the intersection with the front bumper of her 2003 Mazda Tribute.

Because of the accident, Knop was severely injured, suffered great mental and physical pain, experienced limitations and disabilities, which will continue, and incurred medical costs, according to the complaint filed June 19 in St. Clair County Circuit Court.

Renner failed to drive at the posted speed limit, drove too fast for the traffic conditions, overlooked Knop, failed to reduce her speed to avoid an accident, failed to apply her brakes, failed to avoid colliding with Knop and failed to keep a proper lookout, the suit states.

In the two-count suit, Knop is seeking a judgment in excess of $100,000, plus costs and other relief the court deems just.

She will be represented by Ronald R. Duebbert of The Duebbert Law Office in Belleville.

St. Clair County Circuit Court case number: 09-L-328.

Vision and memory loss claimed in accident suit

Tue, 30 Jun 2009 06:57:00 CST

A Clinton County couple is suing a St. Clair County woman after the man says he sustained vision and memory loss following a collision.

John B. Roach and Lois M. Roach filed a lawsuit June 19 in St. Clair County Circuit Court against Lauren D. Lewis.

The Roaches say they were riding as passengers in a vehicle Rhody R. Campbell was driving west on U.S. Highway 50 in St. Clair County near its intersection with Belleville Street on Nov. 1, 2007.

As the vehicle approached Belleville Street, Lewis attempted to swerve around another vehicle driven by Margie Wuebbels, who was making a left turn onto Belleville, according to the complaint. Instead, she collided with the vehicle in which the Roaches were passengers, the suit states.

In turn, that caused Campbell to collide with another vehicle traveling south on Belleville, the complaint says.

Both John B. Roach and Lois M. Roach say they suffered from a traumatic brain injury, lost wages and incurred medical expenses. According to the complaint, they also endured pain and suffering, which will continue in the future.

In addition, John B. Roach suffered head, neck and shoulder injuries, multiple fractures to the left side of his face, multiple fractures to his left shoulder, a fractured seventh cervical vertebrae, disability and a diminished earning capacity, the suit states. He also exhibited post-concussion symptoms and has experienced decreased vision, memory loss, numbness, tingling and difficulty concentrating, the complaint says.

Lois M. Roach says she endured multiple bruises, a strain to her thoracic spine, continuing rib pain and knee pain.

Because of the accident, each has suffered the loss of the other's society, consortium, companionship, love, affection and support, according to the complaint.

The Roaches claim Lewis negligently failed to maintain a proper lookout, drove too fast, drove with a disregard for the safety of people in the area, failed to properly apply her brakes, failed to keep her vehicle under control, failed to stop or swerve to avoid a collision, failed to exercise ordinary care and failed to yield the right-of-way.

In the four-count suit, they are seeking a judgment of more than $200,000, plus costs and other relief the court deems just.

Matthew J. Rossiter and Jamie L. Boock of Rossiter and Boock in St. Louis will be representing them.

St. Clair County Circuit Court case number: 09-L-327.

ESL accident is subject of suit

Tue, 30 Jun 2009 06:56:00 CST

Two women say their necks and backs were injured after a man attempting to make a left turn from a right lane struck the passenger side vehicle of the automobile in which they were riding.

Shanika L. Williams says she was driving east in the 6800 block of State Street in East St. Louis on April 8. Brittany Schroyer says she was a passenger in the vehicle at the time.

Jawon M. Willis was also driving in the same direction as the two women, and collided with them when he attempted to make a left turn from a lane to the women's right, according to the complaint filed June 19 in St. Clair County Circuit Court.

In addition to their injuries, both women say they were made sick, sore, lame, disordered and disabled, received injuries to the soft tissues of their cervical and lumbar areas and incurred medical costs. They also suffered disability, lost wages and experienced pain and suffering, the suit states.

Willis negligently failed to keep a proper lookout for other vehicles, drove in such a way that he struck Williams's vehicle, failed to properly apply his brakes, drove too fast and failed to yield the right-of-way to oncoming traffic, the complaint says.
In the two-count suit, the plaintiffs are seeking a judgment in excess of $100,000, plus costs.

Thomas C. Rich and Jennifer L. Barbieri of the law office of Thomas C. Rich in Fairview Heights will be representing them.

St. Clair County Circuit Court case number: 09-L-326.

St. Clair County online records seminar rescheduled

Mon, 29 Jun 2009 22:47:00 CST

The St. Clair County Recorder of Deeds has reset a seminar on software that will digitize the county's land records for July 8.

The seminar had previously been set for June 9 but was canceled.

The recorder's office and Fidlar Techonlogies will demonstrate two software products, "Laredo and Tapestry," that will allow users remote access to document searching and digital imagery.

The goal of the new system is to increase public access to the office's documents.

The seminar is open to the public and free. It begins at 9 a.m., lasting until 11 a.m. The seminar will take place at the St. Clair County Government Building in Belleville in the County Board Room on the fifth floor.

The office asks that those attending RSVP. To RSVP, contact katien@fidlar.com