A Little Touch of Manslaughter

As you may or may not have heard, South Dakota has hit the national news a lot lately. 

• Governor Kristi Noem has been talking regularly on Fox News, promoting South Dakota's freedoms, and is currently traveling around the upper Midwest to campaign for Trump.  (Fox News)
• She has also been spending CARES money on ads around the country urging people to move to South Dakota, where "we respect your freedoms" and "We're open for business!"  (AP News)
• We hosted the Sturgis Motorcycle Rally in August, where 460,000+ bikers came to a town of 7,000 and held one hell of a week-long party. The national COVID-19 repercussions are debated (Politifact) but I can tell you it's a fact that Meade County (Sturgis) went from 71 cases before Sturgis to 487 and counting (that's 1 out of every 14), and most of the other West River counties show large spikes as well.  (Pennington County - Rapid City, etc. - went from 942 cases to 2,091.)
• We hosted the Sanford International golf tournament in Sioux Falls September 7-13th, which was the first golf tournament to allow spectators, and we can hardly WAIT until the COVID-19 figures come out from that.  (Argus Leader)  
• As a result of all this stuff, South Dakota is in the top ten, and may still be the #1 hotspot for COVID-19 in the country for a couple of weeks now, thanks to a 10%+ positivity rate.  A popular response to Gov. Noem's "We're open for business!" ad slogan is, "And we're wide open for COVID!"  (Argus Leader) (NYTimes)
• And, most recently, our Attorney General Jason Ravnsborg drove home from a GOP political event in Redfield, SD, and hit and killed a man walking along the shoulder of Highway 14, just west of Highmore, SD around 10:30 PM on Saturday, September 12th.  (NYTimes)

From the beginning, AG Ravnsborg has said that he thought he hit a deer.  This has been met with considerable skepticism and some derision here in the Mount Rushmore State, because everybody in SD has either missed or hit a deer at some point in their driving lives.  When we first moved up here, we asked why collision insurance was so expensive and mandatory - since we do have a low population / population density - and were told it was because of the deer.  We have a lot of deer.  

And to be purely informative, I must tell you that humans do not look like deer.  For one thing, we have fewer legs.  We also wear clothing, walk upright, and have arms that flail a lot as we soar through the air.  

Despite an on-going investigation, shrouded in secrecy for almost two weeks now, AG Ravnsborg put out a two-page statement (via his campaign office, on his official Attorney General letterhead, two days after the accident) about what happened. Since my fellow blogger Cory Heidelberger has posted, analyzed and summarized this and other aspects of the case, please check out his blog HERE. The following quotes, etc., are from Cory: 

Ravnsborg apparently views “ongoing investigation” as a conditional excuse for silence: he refuses to answer questions from the media out of “respect” for the “process” and a his desire to let investigators do their work “without any interference or appearance of impropriety on my part.” Yet he feels arguing his case in public, without cross-examination, does not interfere with the investigation at all.

Ravnsborg says he had drunk no alcohol Saturday night.

Ravnsborg fudges his story a bit, saying now that he initially thought the man he hit was “a large animal (likely a deer)”.

Note also the grammatical distancing: Ravnsborg says, “My vehicle struck something….” Making the subject of that sentence “my vehicle” instead of “I” is like saying “My firearm shot something” or “My pen wrote something.”

Ravnsborg says he stopped, called 9-1-1 immediately, and investigated the scene with Hyde County Sheriff Mike Volek. He and the sheriff saw no sign of the large animal they were looking for.

Ravnsborg reports his car was too damaged to drive safely. That level of damage suggests Ravnsborg was moving at a pretty good clip coming out of Highmore.

Ravnsborg says Sheriff Volek, who lives near the accident site, loaned him his personal vehicle to go back to Pierre. Ravnsborg brought the car back in the morning with his chief of staff and spokesman, Tim Bormann, to drive him back.

Ravnsborg says he and Bormann stopped at the accident site on the way to Sheriff Volek’s house. The debris from Ravnsborg’s car was still on the road. Ravnsborg and Bormann walked the shoulder and “discovered the body of Mr. Boever in the grass just off the roadway. My chief of staff and I checked and it was apparent that Mr. Boever was deceased.”

“Just off the roadway”—that’s a key detail. The victim was not thrown far away from the road into the beanfield. The grass in the ditch was not high: Boever had hit a hay bale in that ditch with his truck earlier Saturday; a KSFY photo also shows a bale in the ditch, indicating the ditch had been recently mowed. The body does not seem to have been hidden by vegetation.

Ravnsborg drove to Sheriff Volek’s house immediately to tell him they’d found a dead man. The Sheriff came back to the site with Ravnsborg and asked him to go back to Pierre.

An investigation suddenly graduates from car-deer accident to human fatality, and the sheriff on the scene tells the suspect apparently responsible for the death to leave the county?

Interesting... Very interesting... But coming from the state that has given us two big juicy scandals (EB-5 and GearUp!), well, anything's possible.

Meanwhile, KELO-TV has a photo of the car Ravnsborg was driving (Kelo-TV). The windshield is almost gone on the passenger side.

Meanwhile, of course some people are already blaming the victim for taking a walk at night on a rural road.  (See Here)  (The writer of this is a GOP State Legislator.  Politics is EVERYWHERE.)  

My response:  Why Boever took a walk is totally irrelevant. The last I heard, this is South Dakota, in the United States of America, and each and every one of us have the right to take a walk whenever and wherever we want as long as we're not trespassing. Unlit, rural highways are a really excellent place to see the stars, for one thing. For another, he might well have wanted to get something he forgot out of his truck. And finally, his mental condition, history of alcoholism, or anything else is irrelevant. He was the victim, not the driver. It is the driver's responsibility to explain why he hit and killed a human being. QUIT BLAMING THE VICTIM. Someday it might be your cousin lying by the side of a road, dead, while someone else says, "well, what were they wearing?" 

Meanwhile, this is the victim's cousin (SD State Legislator Nick Nemec) on going to the accident scene (KELO):

At the time the brakes were applied (clearly visible due to tire skid marks) the right hand tires of the car were well onto the shoulder of the road. This stretch of US14 has wide paved shoulders with rumble strips at the white line.

I stepped off the tire skid marks and they went on for over 200 feet before there were two parallel blood skid marks on the paved shoulder. This first blood marks were about 6″ wide and 6′-8′ long.

There was then a skip for about 20 feet before a wider blood skid mark closer to the edge of the shoulder that was about 1′ wide and 20′ long. There was then another skip of about 20′ until a dried pool of blood in the grass on the edge of the road. 

The pool of blood was 2′ from the edge of the pavement (I measured with a tape measure) the grass here had been mowed late this summer and had regrown to 8″ tall (I measured it). This was the very edge of the grass and the ground was nearly level with the shoulder of the road at this point, the ditch slope had not really begun yet. Black flies were buzzing in the air just above the blood pool.

As I stood there a flatbed truck drove by carrying a red Ford Taurus with a huge hole in the passenger side of the windshield. The truck turned into the SD DOT yard near the speed limit sign and drove into the shop and the overhead door quickly closed. Highway patrolmen and other authority figures immediately surrounded my vehicle as I drove up to the building and parked. I requested permission to photograph the windshield of the vehicle and was denied...

I saw traffic cones marking stuff and new paint marks of a different color on the road. I don’t know how long the road was reduced to one lane but a friend told my brother Victor that FBI agents were seen on the scene later that afternoon.” 

I will, at this point, allow you all to consider all the clues that are given as to what happened and make your own pre-investigation report conclusions.  Personally, my view is that - with his consistent statement that he thought he hit a deer, and the body was not discovered until the next day - there is no way that AG Ravsnborg could have been looking at the road at the time of impact.  Texting?  Nodding off?  Distracted by something else?  

Updates will follow as they're released from South Dakota, where we talk like Mayberry and act like Goodfellas.  And sometimes we just BS all over the place.  

Road Trip

     As this blog posts, my traveling companion and I are pulling out of our driveway. This morning, we embark on our trip to Bouchercon 2022 in Minneapolis. Traveling through America's heartland, we will be preparing ourselves to cannonball into the deep waters of mystery fiction. Today, I'm wading slowly into that mystery pool. I'd like to consider the contributions to the mystery genre of some places we'll pass by as we motor up I-35. 

    Unless we stop for a fried pie in the Arbuckle Mountains, we should arrive in Oklahoma City in a smidge over three hours. I don't come to "The City" without remembering The Long and Faraway Gone. Lou Berney's book, set around a pair of crimes in Oklahoma City, explores memory and the continuing consequences of crimes. As I think about my writing, I try to remember what Berney taught me about damaged characters. If you've not read it, pick it up. Bring it to Bouchercon. He'll be on a panel moderated by Michael Bracken. 

   Another four-hour jump north will bring us near Topeka, Kansas. This selection, I'll acknowledge, is a total cheat. Perhaps I should go with The Late Man by James Girard or In Cold Blood by Truman Capote. Rex Stout, however, was raised in Topeka before attending the University of Kansas. He created Nero Wolfe and his assistant, Archie Goodwin, in Fer-de-Lance in 1934. Although there are books and authors more closely associated with Kansas, Mr. Wolfe's devoted fans, the Wolfe Pack, have been kind to me. Their Black Orchid Novella Award recognized my first published short story. I'll think about Rex Stout on our drive across Kansas. We might even pass the time listening to Too Many Cooks. In that book, Nero Wolfe left his New York brownstone and took a road trip. It seems fitting. 

    BTW: The Man Who Went Down Under by Alexis Stefanovich-Thomson, this year's Black Orchid Novella Award-winning story, was in Alfred Hitchcock Mystery Magazine's July/August issue. 

    Four hours later, we'll be solidly in Iowa. I just finished reading The Fields by Erin Young. This 2022 mystery is a procedural set in Black Hawk County, Iowa. The setting is a smidge east of I-35, the road we'll take through the state. But it couldn't be helped; I don't have a good Des Moines mystery at the ready. 

    The Fields is dark with an engaging female protagonist, Sergeant Riley Fisher. It opens with a murder on a family farm. Combining small-town life with the threats of corporate farming, the book moves at a quick pace. It may be located east of here, but it is not hard to imagine the setting as we slice through the corn belt. 

    Journeying northward, we'll cross the Minnesota state line. The first town we come to on that side of the border is Albert Lea. To the east, the next town is Austin, Minnesota. On this small sample space, the state appears organized alphabetically. If that's true, then Aurora County must be nearby.

    Aurora County, Minnesota, is the setting for the Cork O'Connor mysteries written by William Kent Krueger. And we won't find O'Connor here in the corn belt. The books are set in the state's north woods. Krueger, however, will be one of the guests of honor at Bouchercon. To commemorate this fact, I'll put forward Iron Lake, the first of the Cork books, as my state representative. I don't think I need to say much about him. Nineteen books in the series sort of speak for themselves. 

    Bonus: We will likely decide to return through South Dakota, the land of my youth. I reached out to fellow Sleuth, Eve Fisher for a recommendation on a Sioux Falls mystery. She didn't have one to offer. Instead, she suggested I try Kathleen Taylor's books set in Delphi, South Dakota. I read the first one, Funeral Food. I liked the small-town tropes. They felt authentic. When I picked it up, I expected to read a cozy. The protagonist is a waitress at the town's café. But not all the sex occurred off camera. The plot felt a little forced in spots, but the humor was genuine. I laughed. 

    The westerly swing into South Dakota means we will return home through Nebraska. (You can check the map.) The state claims the hard-boiled crime fiction writer Jim Thompson on a Nebraska librarian website. He attended the University of Nebraska for a time. Oklahoma, however, also considers Thompson one of theirs since he was born in the Oklahoma Territory. His family subsequently moved to Fort Worth. The Lone Star State also takes credit for shaping him. Thompson was praised by Anthony Boucher. He was hailed as a Dimestore Dostoevsky. That label alone, I think, is worth a mention. With his tie to Boucher and nearly every state on our return, Thomson seems the ideal writer to recognize for the trip south. (Apparently, he never paused long enough to write a postcard from Kansas.) I'm pushing The Killer Inside Me. 

    If Bouchercon has left you too tired to read, you can catch The Killer Inside Me on video. Stacy Keach starred in 1976, and Casey Affleck reprised the lead role in a 2010 film version. 

    If you have other recommendations from these midwestern states, I'd love to hear about them. I can't promise, however, that I'll read them anytime soon. My traveling companion and I will likely return from Bouchercon with a tall new stack for our TBR piles. 

    Until next time. 

Gone South

To my old friend John Cruickshank Rose
With happy memories of my visit to the West Indies

                            Agatha Christie
                            Dedication, “A Caribbean Mystery”

     The regular contributors here at SleuthSayers have an on-line staging area where we can compose our articles, and then edit and tweak them before they are finally scheduled for publication.  There we each can see not only our own articles as they develop, but also the titles and publication dates for upcoming articles by other SleuthSayer contributors.  If you were to look at this collection of works in progress you would come away with some basic information about the various authors.  Principally you would note that some schedule articles way in advance – sometimes three or four are sitting in the queue, just waiting for 12:01 a.m. of their designated day to arrive so they can strut and fret their day in the sun. 

    That, my friends, is not me.  I usually spend the days just before my every other Tuesday posting looking (sometimes frantically) for an idea that will grow into an article.  I mention all of this because I am going to be battling some challenges over the next few months.

     Let us back up.  My wife Pat and I live in Washington, D.C.  Summers are nice here.  Not so winters.  January is depressing enough, but February – no matter that it only has 28 days – is the longest month of the year.  So we decided years ago that if we were lucky enough to celebrate early retirements (which we did in 2009) we would absent ourselves from Washington every winter for as many weeks as possible.  Lucky for us we have adult sons who can be left behind to take care of the house and the cats.
   

Royal Clipper

    All of this leads up to the fact that this is being written in early January, but by the time it is posted, on January 17, we will already be six days into a three week trip, including two weeks on board the tall ship Royal Clipper, sailing from Barbados to the leeward islands and then down to the Grenadines.  We have other less grand southerly sojourns scheduled for February and March, but more on those later.
   

The library on Royal Clipper

    Whenever we head south in January I try to go armed not only with a good deal of reading material (made easier now that I read almost exclusively on my Nook, which tucks nicely into carry-on luggage) but with a plot outline as well.  So my hope is to make the trip a bit productive.  . 

    Even though I am every bit as retired at home as I am abroad, I still seem better able to adhere to the discipline of writing when we are away.  The Royal Clipper works well for this – while it is a sailing ship, it is very well equipped, and has a nicely appointed library where I can find a desk for my laptop.  There I follow Ian Fleming’s model – I write for an hour or two and then take the rest of the day off. 
      

Goldeneye -- Ian Fleming's Jamaican home

     Thinking of Ian Fleming brings to mind authors who have retreated to the Caribbean not only for inspiration but also in search of a conducive place to write.  Fleming, famously, wrote all of his James Bond novels at Goldeneye, his vacation home in Jamaica.  He refused to write any fiction elsewhere.  It was at Goldeneye that he died of a heart attack in 1964, just after finishing the first draft of The Man with the Golden Gun.

      On at least one occasion Agatha Christie also sought out the Caribbean for literary stimulation and found there  the inspiration for A Caribbean Mystery, as the above dedication indicates.  Apparently she was looking for something of a jump start when she headed to the West Indies.  Christie had received lukewarm reviews for her previous two novels, The Mirror Crack’d  and The Clocks.  The jinx was broken with A Caribbean Mystery, however.  In its December 11, 1964 review of the novel The Guardian  noted

 "Mrs Agatha Christie has done it again. In A Caribbean Mystery she tells the reader explicitly what is going to happen; and yet when it does, nine out of ten will be taken completely by surprise – as I was. How does she do it? For the rest, it is Miss Marple this time who is in charge of the story; and all one can guess is that the setting is a Caribbean island."

    Herman Wouk also went south for the inspiration for his cautionary serio-comedic classic Don’t Stop the Carnival.  The novel tells the story of the hopeless and hapless Norman Paperman, who deserts the bright lights of Broadway to purchase and then attempt to run a small hotel on the imagined Island of Kinja (short for “King George Island").  The book inspired a musical by Jimmy Buffett (sound track highly recommended) and on a more personal note provided the name for our cat, Kinja, who is wandering around my ankles as I type.  The model for Norman Paperman's Gull Reef Hotel in the book was the Royal Mail Inn, now long gone, but which was once was located on Hassell Island in St. Thomas across from Charlotte Amalie, and which Wouk managed for a short time in the early 1960s.  While it can be hard to find Don’t Stop the Carnival in State-side bookstores (and the book has yet to come out in an e-publication) you will find it everywhere in the Caribbean – even in convenience stores.  In the Caribbean it is the ex-patriot’s Bible.

    Who else can we add to the list?  Certainly Graham Greene, who wrote Our Man in Havana after a prolonged visit to Cuba.  And The Comedians, one of the finest novels I have read and a brilliant and scathing send-up of the Duvalier government, was written by Greene following his numerous visits to Haiti.  Reportedly the owner of Hotel Oloffson in Port-au-Prince, where Greene frequently stayed, named a room in his honor.   

    I do not know for certain that the late Swedish author Stieg Larsson frequented the Caribbean, but I suspect that he must have as evidenced by the beginning section of the second book of the Lisbeth Salander trilogy, The Girl who Played with Fire.  There, in a rather strange stand-alone prologue to the book, Salander has traveled down the leeward islands until she reaches Grenada, where we find her, at the beginning of the book,  lounging on Grand Anse beach -- surely one of the finest beaches in the Caribbean. The descriptions of Grenada there, and in the action that follows before the actual book kicks in, are wonderful, and ring true.  Certainly Larsson must have walked Grand Anse himself before he allowed his greatest creation, Lisbeth, to do so.

    We can also add to the list James Michener, who returned frequently to the Caribbean and who lived for some months on the island of  St. Lucia, which is the counterpart for his fictional island of All Saints in his 1989 novel Caribbean.

St. Lucia is also where I will be on the day this article posts.  I should make it to Grenada and Grand Anse the next week. This list of authors who have retreated to the West Indies could go on, but I need to pack!

    It is now several days later. Updated material follows:

Sea U Guest House, Barbados  January 14, 2012

Some Thoughts on Monuments

Art certainly doesn’t need to be pure. But public statues invite public admiration, and if we can no longer admire them, it’s right to wonder if they should remain.

— Bendor Grosvenor, PhD, art historian, and presenter, The Art Detectives, on BBC4

So monuments have been having their moment in the news this week. Well, to be honest, they've been having their decade.

And not in a good way.

More in this kind of way:

Yep, that's a pic of a statue of Iraqi "strongman" Saddam Hussein toppling, shortly after Hussein himself was toppled from power way back in 2003. But in reality it could have been any of hundreds of "great" men (and it's nearly always men, the likes of Evita Peron notwithstanding.) whose day of reckoning eventually came: Nicolae Ceaușescu of Romania, Tsar Nicholas II of Russia. Hitler. Mussolini. The list of the leaders of failed regimes, brought low by their own hubris and overreach.

And close on their heels: the monuments they erected, testaments of their enduring power. So many of the iconic moments surrounding the end of a regime involve the destruction of the talismanic physical testaments of that regime's power. It's a cycle as old as human history, and has been memorialized time and again by great artists, such as the English poet Percy Bysshe Shelley, in his immortal poem Ozymandias:

Percy Bysshe Shelley

  I met a traveller from an antique land,
  Who said—“Two vast and trunkless legs of stone
  Stand in the desert . . . Near them, on the sand,
  Half sunk a shattered visage lies, whose frown,
  And wrinkled lip, and sneer of cold command,
  Tell that its sculptor well those passions read
  Which yet survive, stamped on these lifeless things,
  The hand that mocked them, and the heart that fed;
  And on the pedestal, these words appear:
  My name is Ozymandias, King of Kings;
  Look on my Works, ye Mighty, and despair!
  Nothing beside remains. Round the decay
  Of that colossal Wreck, boundless and bare
  The lone and level sands stretch far away.

---

The point, of course, being, that all such sacrifices on the altar of human vanity are doomed to eventually come crashing down.

Of course it goes without saying that where there's a rule, there's an exception. And not surprisingly, with the way Americans tend to view themselves as an exceptional people, the exception I'm thinking of to this particular rule is definitely an American one.

So let's talk about all of these Confederate monuments arrayed throughout (but not limited to) the American South. You know, the ones we've seen recently being pulled from their pediments by protesters, when they're not being removed by public workers at the order of local municipalities or state governments.

The ones that were mass-produced for profit not in the South, but in New England. Heads special ordered and matched to a previously cast body, either standing, or mounted on horseback. Losers of a brutal war which left over half-a-million Americans dead, memorialized over a thirty year period, beginning a generation after the end of that war. And all as part of a largely successful, long-running attempt to stave off many of the long-term impacts of that war: a movement romanticized as preserving the memory of a glorious "Lost Cause."

...and Ron Reagan too!?!

Whoever said, "The winners write the history,"never read anything by the likes of two-time Pulitzer Prize winning Historian Douglas Southall Freeman. The defeated secessionists of the American South might have lost the war, but for over a century afterward, they and their spiritual descendants worked diligently at winning the peace. And they got terrific press for it.

Think Gone With The Wind, or Hollywood heartthrob Errol Flynn playing future Confederate cavalry leader J.E.B. Stuart, in the top-grossing 1940 western, Santa Fe Trail. Or go back further, to (Southerner) D.W. Griffith's ground-breaking 1915 film, The Birth of a Nation, the first film shown in the White House for President Woodrow Wilson: Southern-born and raised, progressive in most things save race relations, single-handedly responsible for reversing the racial integration of the federal bureaucracy which had been carried out by his predecessors.

Not like they were trying to hide anything.

The film was truly innovative in its approach (first use of close-ups, a musical soundtrack, and "a cast of thousands") and utterly antediluvian in its subject matter. Based on a novel called The Clansman: a Historical Romance of the Ku Klux Klan (And you can guess how the Klan comes across in that one.) by a former Baptist minister and life-long bigot named Thomas Dixon, Jr., the film paints the Klan as the Good Guys, preserving the virtue of their swooning (and utterly helpless) women by wresting them from the clutches of a number of ridiculously drawn racial stereotypes of underintelligent, overly sexual blacks played by white actors in black face.

So, you know. Pretty much an early example of spin-doctoring, in service of white-washing (pun very much intended) the despicable practice of lynching.

This is the background against which the statues currently being pulled down or placed in storage across this country were financed, constructed, shipped, mounted, raised and dedicated. Art as propaganda, in service of a monstrous composite lie: the notion that the Civil War wasn't fought over slavery (it was), that the South didn't really lose (it did), and that society did not need to change in order to reflect the status of newly-freed former slaves.

As a nation we are still wrestling with that last part. And the conversations being sparked by the current round of protests are long overdue. Either we as a people will address the wounds inflicted by the vile practice of slavery and the on-going systemic oppression which sprung up in its wake, or we may well find ourselves in the same position as the great and powerful Ozymandias.

Feet of the Colossus of Ramesses II, Ramesseum, Luxor (Thebes) Egypt, the Ozymandias of Shelley's poem.

Updates and Repercussions: South Dakota Edition

Back in December, 2005, the Zip Feed Tower in Sioux Falls, SD, was demolished to make room for retail and office space.  Things didn't go that well:

It's still a running joke up here, and they show it semi-regularly on TV.  Eventually they took a crane and wrecking ball to it, which worked a treat.

However, last week we had a tragedy in Sioux Falls, when a building came down that wasn't supposed to:  December 2, 2016, the Copper Lounge building collapsed out of the clear blue sky while a lot of people were having coffee across the street.  A Mercedes parked right outside the building was crushed; a woman who lived in an apartment was trapped with her dogs, all were eventually rescued; but a man who was working construction in the building was killed.  (The Copper Lounge Collapse.)

Now, before it got tragic, I admit, my first thought was to blame HGTV, because all anyone can talk about on those shows these days is an "open floor plan".  Obviously, someone took out a supporting wall. And - sadly - I was right. This was an old building - built in 1916 - and "Sioux Falls City Building Services approved a limited permit authorizing Hultgren Construction to remove interior finishes such as furnishings, floor coverings, ceiling tiles, and an existing bar area." But the permit did NOT authorize removing walls, as you can see they did in the photo to the left. (Hultgren Construction removed that photo from their website, but local news, and others, posted it on Facebook sites time and again.)

Then, two days later, a hole in an adjacent (and now exposed) wall opened up (belonging to an entirely different business). Emergency Management had put up shoring to protect the first responders and to keep more walls from collapsing, but "The weight was eventually going to take it [down]... That area was heavily compromised." Basically, a lot of businesses are closed. And at some point, a lot of lawsuits are going to be started.

So, lesson of the day:  if you must have an open floor plan, remember that old buildings, like people, don't care to have large chunks removed, and make sure that you leave important supporting walls where they are.  And get all the necessary permits.

On to more fun things, like elections.  South Dakota stayed Republican, and if this shocks you, remind me tell you that "The Wizard of Oz" is a work of fiction.  Donald Trump got 227,701 votes, Hillary Clinton got 117,442 votes, and Gary Johnson got 20,845 votes, with 69.6% of the electorate voting, which isn't bad.  We also had a slew of ballot measures, of which 4 passed:

(1) Amendment R, which transfers control of tech schools from local school boards to a new... something. It's now up to the SD legislature to decide what kind of supervision/board and how much funding to give them. (Note to tech schools: our SD legislature is notoriously cheap about everything but EB-5 and Gear Up. Don't hold your breath.)

(2) Initiated Measure 21, which caps payday loans at 36%, no exceptions. I am happy to say that Chuck Brennan, a former rock concert promoter and CitiBank collections professional, the mastermind behind the multi-million dollar Dollar Loan Center, is indeed doing what he promised, which is that if Measure 21 passed, he'd pick up his toys and go back home to Vegas. (Hint: He's not as popular in SD as he thinks he is.) He's selling the recently purchased Huset's Speedway (bought it for $1 million, wants to $9.5 million), and we're all waiting to see what he'll do with Badlands Pawn and Badlands Radio.

They pulled out the star power for Mary's Law ads...

(3) Amendment S, "Marsy's Law", "creating constitutionally protected rights for crime victims" although they already had them under the SD constitution. This one passed in a landslide, because there were so many ads (with and without star power) that there were barely any fast food commercials on TV for October and November.

That was because Marsy's Law is bankrolled by California billionaire Henry Nicholas III, whose sister was murdered in 1983. Her killer was sentenced to life in prison with the possibility of parole, and he and his family attended all the parole hearings, in which the killer was always denied parole.  But apparently that wasn't enough. Mr. Nicholas wants "Marsy's Law" to be not only law nationally, but to become an Amendment to the United States Constitution - see https://en.wikipedia.org/wiki/Marsy's_Law), and is willing to shell out big bucks to do it. (He passes laws, the Hunt boys tried to buy up all the silver in the world, everywhere you look, billionaires have hobbies.)

Anyway, now we have Marsy's Law, and like the dog catching the car, nobody knows what to do with it. The police already aren't giving out address of crime sites anymore – what if there's a victim there? Supposedly, now, a crime victim does not have to be deposed by a defense lawyer (even though that's in the US Constitution.) And everyone agrees that costs will go up, as notifications now have to go to victims of ANY kind of crime (not just felonies) and sentences will probably get longer, as notifications have to be sent to every crime victim and their families.  More later.

(4) Initiated Measure 22, on campaign finance reform. This is the really fun one: It requires more disclosures and reporting; lowers contribution amounts to AND from PACs, parties, and candidates at all levels. It also creates a publicly funded campaign finance program for statewide and legislative candidates who choose to participate and agree to limits on campaign contributions and expenditures. (Under the program, two $50 'credits' are issued to each registered voter, who assigns them to participating candidates. The credits are redeemed from the program, which is funded by an annual State general-fund appropriation of $9 per registered voter. The program fund may not exceed $12 million at any time.) And it creates an appointed ethics commission to administer the credit program and to enforce campaign finance and lobbying laws. It also prohibits certain State officials and high-level employees from lobbying until two years after leaving State government. It also limits lobbyists' gifts to certain state officials and staff members.

In case you're wondering, IM 22 is being fought tooth and nail by the GOP Legislature. Now I understand totally why no one wants to come up with those $50 per-tax-payer-credits.  (HINT: with no income tax, our only revenue is sales tax, and sales have gone down; WAY down.  We don't have money for much of anything in SD.) But that's not the reason our Legislature is already talking about nullifying the will of the people, either by hook (lawsuit) or crook (repeal).  It's about money, honey, and jobs: So far, 12 legislators and 1 organization are filing a Lawsuit HERE, because the legislators are claiming they would need to quit the Legislature or quit their jobs, or their spouses would need to quit their jobs because of conflict of interest. (Makes you wonder who's doing the hiring, doesn't it?)  And the Family Heritage Alliance group ("protecting and promoting faith, family, and freedom", and they only mean conservative Christian), which lobbies our Legislature with considerable success every year, is suing because... well, obviously, they spend some money to get their views... enabled. And our fearless leader, Gov. Dennis Daugaard has (1) said that he'll support repeal if the measure isn't struck down in court and (2) NO MATTER WHAT, he will not fund IM 22.

Meanwhile, going back to Marsy's Law, fear not:  after a month of confusion, our Attorney General, Marty Jackley, has just announced that crime victims have to opt-in for their rights under Marsy's Law, and names, addresses, etc., may continue to be given to news media, insurance companies, etc. (In an interesting twist, he said that crime victims have to opt-in the same way perpetrators do...)  And, although Marsy's Law also increases costs (extra hearings, longer jail times, more contacting victims and victims' families), it will be fully funded, one way or another.

Anyway, one good thing that came out of this is that we know who's running for governor in 2018: South Dakota United States Representative Kristi Noem (who looks great on a horse, and whose family makes their living off of crop insurance, both receiving - 18th largest recipient in the state! - and selling it)



and our Attorney General, Marty Jackley (who still can't find the Westerhuis safe, but does have good Anderson Cooper hair).



They both opened campaign accounts and transferred money in a couple of days before the IM 22 became law (remember, it limits campaign contributions).  So we also know that Noem has $1.6 million and Jackley has $730,000 in their treasure chests.  This should be fun.  This should be epic. Bring popcorn.

Well, that's it for now.  More later, from South Dakota, where we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.

 

Jersey Fresh

Not being a native of the place one lives in can sometimes offer a fresh perspective.  And even though I have dwelt in the Garden State for over twenty-five years, I do often find the place fascinating.  First of all, let's face it, Jersey takes an awful beating as a result of Snooki and the Gang, corrupt politicians, and the view from the infamous Turnpike of oil refineries, chemical factories, and rubber plants.  To some, these may look unappealing ( and I include Snooki and friends with this).  But there is a whole other New Jersey out there that is largely hidden away from the tourists on their way to NYC.  It is a place in which I often set my stories, and bears little resemblance to Soprano Land: a place of leafy suburbs and rolling farmland; salt marshes and barrier islands; pineland forests and windswept beaches.

The county I live in is called Cape May, and named after a Dutch explorer by the name of Mey who sailed by sometime in 1623.  He was too busy exploring, apparently, to bother landing on this new cape that he had discovered.  Of course, he had only discovered it for the Europeans who were to follow.

Native Americans had fished and hunted the area for thousands of years before Captain Mey bobbed by in his little ship.  The historical tribe was known in their own tongue as Lenape, an Algonquin peoples.  The Whites would call them the Delaware after the river, which was in turn named after Lord de la Warre, who saw to it that the English, and not the Dutch or Swedish, would dominate this part of New Jersey.  The poor Dutch got stuck with Soprano Land and NYC; the Swedes just went home.

The first European settlers to the area came mostly from New England, Virginia, and Long Island, and they came for the whaling.  In those early days, whales often traveled along the Atlantic coast side of what would become Cape May County, and even into the vast Delaware Bay that washes the western half of the peninsula.  The locals would simply row out to harpoon the great beasts and tow them back to shore.  Even back then, with only a sparse population of whalers, it didn't take long to deplete the animals and virtually kill the industry.  The English turned to farming and fishing, and for the next several centuries this was what they did.

Pirates frequented the region as Jonathan Dickinson wrote in 1717, "We have been perplexed by pirates on our coast and at our Capes, who plundered many of our vessels."  Captain Kidd, that most unfortunate of pirates, spent some time in the area, as did Edward Teach, of "Blackbeard" fame.  Naturally, tales of buried treasure abound.  Most of these are baseless, but try telling that to all the folks with metal detectors walking the beaches… fugedaboutit!  It never made much sense to me that pirates would risk hiding their treasure on land.  After all, sometimes they might be gone for months or even years.  But then it was explained to me that this was mostly done when the boys in pantaloons were planning a visit to a large town, such as New Amsterdam, to replenish their stocks and provisions.  There was always the chance that they might be recognized as pirates and arrested.  The treasure trove on board could be damning.  Hence the lightening of the load prior to docking.

The Jersey Devil legend sprang up in this period as well, and comes out of the haunted pine barrens.  It seems that the dirt-poor and miserable Mrs. Leeds of that neighborhood, upon learning that she was pregnant with her thirteenth child, cursed him; wishing the devil would take him.  Apparently, she had some pull in hell, for her son was born with wings and hooves and flew out the window to begin a reign of terror over that dark and lonely region.  He does so to this day.           

Cape May became a county in 1692, via a charter from the Crown. In those days there was a West and East Jersey--Cape May County being in the west.  There is a cemetery at the county seat, Cape May Court House, that dates to 1766; prior to that people were buried in their back yards, a custom still observed for former business partners in North Jersey.  By the way, nearly everything in the county is named Cape May Something: There is the aforementioned Court House, wherein sits a several hundred year old (you got it) court house, there is also Cape May City, West Cape May, Cape May Point and North Cape May.  There was even once a South Cape May, but the sea claimed it as its own some time ago.  God's judgement, perhaps, on one Cape May too many.  Enough already with the Cape May.

New Jersey became known as the "Cockpit of the Revolution" during the War of Independence because of all the important battles fought on her soil.  Washington slept everywhere, and New Jersey named not one, but several towns, after the father of our nation.  Having a maritime economy, the southern half of the state was affected by the War of 1812.  This region also produced one of our nation's earliest naval heroes in the person of Richard Somers.  This young man was to lead what amounted to a suicide mission against the Barbary pirates in Tripoli.  Sailing directly into their harbor under cover of darkness, he and his crew boarded a captured American vessel and blew it up in spectacular fashion.  Though the resulting explosion and fire damaged and destroyed many of the pirates' ships, it also took the lives of the brave American sailors before they could get away.  Their graves still lie in a small plot in Libya.  His home exists as a museum in Somers Point, the town named for his family.  I have had the privilege of visiting it.

As the northern half of the state embraced the industrial age, the south remained agrarian, not unlike the nation as a whole at that time.  The capitol even boasted the proud motto, "Trenton Makes, The World Takes," in huge letters across a bridge spanning the Delaware River.  It's there to this day.  South Jersey, meanwhile, continued to make the Garden State just that.  Most of the "industries" practiced in the south related to the exploitation of natural resources: cedar mining (the reclamation of prehistoric cedar trees from the fresh water swamps for shingles and ship building), bog iron collection from the streams of the Pine Barrens (this naturally occurring iron tints the water the color of tea), harvesting salt hay from the marshes for both animal feed and lining coffins, the production of glass from the fine sands of the region, etc... Then came the trains.

By the late 1800s, the great population centers of both Philadelphia and New York had discovered what would be forever more known as the Jersey Shore.  Trains made it possible.  The industrial era had given the working man both stable wages and a few days off a year.  He spent both at the shore.  The tourist boom was on and the great shore towns began to spring up--Atlantic City, Asbury Park, Wildwood, Avalon, and yes...Cape May.  Of course, many decided to stay, and the local population took a decidedly Irish and Italian turn.  Catholic parishes began to pop up amongst the Baptist and Methodists.  The small town of Woodbine was founded as a Jewish colony, while the town of Whitesboro became the the county's first predominantly African-American municipality--a by-product of the Underground Railroad, not the one from Philly.

By the mid-1970s tourism was king.  Though farms remained, they had grown smaller and began to adapt to specialized crops in order to survive.  Commercial fishing survived, as well, by both downsizing and growing more efficient.  The waters off New Jersey continue to be one of the greatest producers of scallops and clams along the eastern seaboard and oyster farming is making a comeback in the Delaware Bay.  But the tourist dollar, and vacation real estate, are the mainstays of the current economy--battered by the recession, but still king.  Unemployment here in Cape May County during the off-season (roughly from November to April) can reach 12% or worse.   But you take the good with the bad, and this is the place I happily call home.  My literary characters, Chief Julian Hall and Father Gregory Savartha, both live here, as does a ponderous and troubling little girl named Mariel, who is the subject of my next story in EQMM (Dec. 2012 issue).  The bewildered protagonist of "Tap-Tap", though he meets his fate in Belize, worked for a tourist agency here, while Kieran, the young kleptomaniac of "The Vengeance of Kali," lives just around the corner.  There are many, many more.

So, as you can see, after twenty-five years in a place, you make some friends; form some ties.  And luckily for me, having a fresh perspective, a "Jersey" fresh perspective on my adopted home, made it all possible.

Gone South: Doing Something About February

by Dale C. Andrews

 Shakey crashed through the door of the bar looking like the last day of February

                                                     Herschel Cozine
                                                     Shakey's Debt

February, when the days of winter seem endless and no amount of wistful recollecting can bring back any air of summer.

                                                     Shirley Jackson
                                                     Raising Demons

February is merely as long as is needed to pass the time until March.

                                                     Dr. J. R. Stockton

Frazz, February 1, 2014, ©2011 2011 Jef Mallett/Distr. By Universal Uclic

     When my wife and I each retired in 2009 we had a shared goal. We wanted to never again endure the month of February in Washington, D.C. So far we have made good on that quest, and this year, as in previous Februaries, we are holding forth in a rental condo in Gulf Shores, Alabama.

       Mao Tse Tung was an advocate for the battle tactic of planned retreats, and in no year has a planned retreat from the frozen north made more sense than this one. When you look at those weather maps that have been so common this month, with that bulge of blue swallowing up the Midwest and the entire East Coast, we are right down there at the bottom -- where, in the course of a few scant miles, the color of the weather map on most days shifts from blue, to green, and then finally to yellow, where we are. It doesn't always work -- this year in our first few days here we did find ourselves in the path of that ice storm that hit the south, and that left us apartment bound for a day, but by and large we enjoy 60s when our home in D.C. has to tolerate 20s.  And this week it is all sunshine and mid-70s.

The only time this year that February
caught up with us at Gulf Shores

       So we run away before the cold. And in doing so we escape the dreary and dreaded month of February, at least as it is experienced up north. Paradoxically, while only 28 or 29 days, February nonetheless plays out as the longest month of the year. It is cold, the days are short, and it invites the onset of cabin fever. When you are held captive by the deranged beast that is February -- that is, when pressures of life conspire to hold you in place, precluding that planned retreat -- the result challenges even the stalwart optimist in each of us.  It can tempt us, in fact, to retreat from rational thinking in our quest for an escape.

A cargo cult's "runway"

       When I was a sociology major back in college I remember studying the cargo cults of the South Pacific -- island tribes that, watching the cargo-rich U.S. air fleets in World War II fly overhead, were inspired to build mock runways on their islands in hope that the planes would land there as well. We smile and shake our heads at the naive innocence of all of this, pinning hopes on magic.  But every year on February second, no doubt in trepidation of what lies ahead, we trot out analogous witchery. We gather in ritualistic regalia, we sometimes require that only German is to be spoken, and we scrutinize awakening groundhogs in an attempt to discern whether they will see their shadows.  All in the hope that ritual can somehow foreshorten our misery.

       This year, as reported in the Washington Post, Phil the groundhog in Punxsutawney, Pennsylvania saw his shadow, which, per legend, meant six more weeks of winter.   The National Oceanic and Atmospheric Administration (NOAA) has dismissed statistically any soothsaying abilities of Phil and his cohorts, and on bright and warm days we smile and shake our heads at the whole cargo cult ritual of this annual event. The planes do not arrive for the cargo cults, and spring does not arrive for us.  But that does not stop us from showing up each year to watch the groundhog. And this is not limited to that town in Pennsylvania. The Washington Post reports that other groundhogs, also sought out each year in a quest to short-hop the miseries of February, include:

• Atlanta, Georgia: General Beau Lee
• Ontario, Canada: Wiarton Willie 
• Raleigh, North Carolina: Sir Walter Wally 
• Sun Prarie, Wisconsin: Jimmy 
• Staten Island, New York: Chuck
• Birmingham, Alabama: Birmingham Bill

       And in Washington, D.C., we add Potomac Phil to the list. The Washington would-be prognosticator is actually a stuffed Groundhog, but it nevertheless somehow manages to impart a prediction annually at a gathering at Dupont Circle.

       It is not just those of us in the United States who behave this way. In Serbia, for example, on February 15 during the feast of celebration of Sretenje or The Meeting of the Lord. celebrants watch a bear that is awakened from winter sleep. According to legend there if the bear sees its shadow it goes back to sleep for another 40 days, and winter continues. European folklore generally also looks to badgers or bears, usually on February 1, in hope of a signal that winter will end early. But, again according to NOAA, approximately 75 percent of the time there is no early spring, and our hopes are in vain. Regardless of the vagaries of animals’ shadows we, like those South Sea islanders tempting the planes to land, get nothing.

       In fact we do worse -- we get February.

       All of these February rituals simply evidence our desperation. Those who face February without the possibility of retreat can be rendered senseless and desperate in their endurance. A resort to witchcraft is but a small step where nothing rational works.

       So. Where did this affront that is February come from in the first place? As one might suspect, the dratted month owns a checkered past. No such month existed in the early Roman calendar, a ten month affair that simply left the period that is now January and February a nameless blot of bleak days. In effect the early Roman calendar at the end of December said That's it.  See you in March.  When February (along with January) eventually was added to the Roman calendar, around 700 B.C., it was a period of varying lengths -- 23 to 27 days -- and a thirteenth month, Intercalaris, was inserted between it and March as a device to re-align the calendar with the seasons each year, a necessary tool since the year, but for Intercalaris, was calculated out at 355 days.

       Under the reforms instituted with the Julian calendar, Intercalaris was abolished, the year was set at 365 days, and February was likely assigned 29 days. I say “likely” because there is some argument as to how February became a 28 day month (except in leap years). According to popular history this reduction occurred as a result of rivalry between Julius Caesar and Caesar Augustus. Julius Caesar had already requisitioned and re-named the seventh month of the year “July,” in honor of, well, himself. Then, so the story goes, when Augustus Caesar ascended to power he decided he needed his own month as well, and we were given a re-named eighth month -- “August.” Up until that time all months (except for February) were either 30 days or 31 days, alternating on an every-other month basis. But Augustus wanted his month to be as long as Julius Caesar’s, so he robbed a day from February and placed that day in August, making it 31 days as well.

Washington, D.C. earlier this month

       Fear not. There is a demented rhyme to the madness of today’s discussion. Our dread of February, as evidenced, among other things, by that groundhog fetish, coupled with our willingness, evidenced by the Romans, to first invent, and then re-invent the length of February, provide something of a spring board for creative thinking. Even when we are not free to run south in front of the dreaded second month of the year, might there still be some other alternatives that we could pursue?  Something that does not exactly solve the problem of February but still offers more than a mere placebo? We cannot end winter sooner, but is there some lesser measure that, while realistically ineffective at combating winter, could nonetheless help to avenge the wrongs done to the tortured and shivering masses better than that resort to groundhogs, bears and badgers?

       I have a modest suggestion.

       We all accept that February already differs from other months in the number of its allotted days. And the Romans have already fiddled with that number, as discussed above, before agreeing on our present 28 day (and 29 day leap year) approach. Since the month is already demonstrably too long at 28 (or 29) days, my proposal is simply this: Chop another week off of it. Make it 21 days -- a three week sprint from January to March. And then take that extra week, the one we just chopped, and plop it down smack dab in the middle of June -- a month that often seems too short.

Gulf Shores Alabama -- View from our condo
February 17, 2014.  72 degrees.

       What about leap year? you ask. Simple, again. Leap year day should be designated a national holiday. The holiday would float, and would be used, as needed, as an extra day adjacent to July 4, thereby ensuring that Independence Day would always at the least be a two-day holiday. I know, I know -- I see all of you math majors waving your hands, eager to point out that the extra day would be needed whenever Independence Day falls on a Tuesday, Wednesday or Thursday, and that these alignments occur more than once every four years. The solution remains simple -- just take those extra days, as needed, out of February.  If the second month of the year ends up less than 21 days, I mean, who is going to complain?

       I could go on. But I am off to the beach.

Gone South III -- Play Ball!

Space Coast Stadium, Viera Florida -- Spring Training home of the Washington Nationals

     Several weeks back I mentioned the geographic challenge of uploading timely articles every second Tuesday during the winter months.  Pat and I decided years ago that once we retired we were going to spend as much time as possible each winter away from our home in Washington, D.C.  This year that meant that for three weeks in January we were in the Caribbean – two weeks of which were on a sailboat with the spottiest internet imaginable.  We came back from that trip to spend two weeks at home, making certain that our adult sons had not completely trashed the house, and then took off again to Gulf Shores, Alabama for two and a half weeks in February.  We lucked out there with great internet available in the condo we rented.  Then after another two weeks of checking on the house we are off on the last of our winter trips – a week and a half in Florida devoted to watching the Washington Nationals’ Spring training.  I’ll have some internet access there, but to be on the safe side this article will be scheduled before we leave. 

"Smartie" getting off of the Autotrain.  Everyone laughed.

    While we drove to and from Gulf Shores, our Spring Training tradition sends us south on the Autotrain.  This allows us to leave our bigger "road trip" car in D.C. and travel instead with our convertible Smart car, which would never otherwise see Florida.  (I can’t imagine 900 miles of I-95 in Smartie).


    The train is always a blast. --  dining cars, where, as a couple, we invariably sit across from people we have never met, and lounge cars where strangers sip cocktails together while watching the scenery pass.  No wonder  trains  have always been fodder for mysteries.  I can’t ride an overnight train without thinking of The Lady Vanishes,  Hitchcock’s second-to-last British film.  The 1938 movie (based on the largely forgotten book The Wheel Spins by Ethel Lina White), together with Hitchcock’s 1959 American film North by Northwest and Agatha Christie’s Murder on the Orient Express all capture the microcosm that is train travel – a self-contained slice of life, detached from the rest of the world by movement.  No wonder that trains afford a perfect setting for classic golden age mysteries – how better to contain your story and all of your suspects?  While ocean liners are a close second, nothing beats the tightly cabined setting of a train.

    So to and from Spring Training I have little trouble conjuring up SleuthSayer thoughts.  But what about baseball itself? 

    For whatever reason the nation’s pastime hasn’t provided much of a setting for mystery stories.  Perhaps readers will offer up other examples, but the only ones that spring readily to my mind are the Ed Gorgon stories by the great Jon L. Breen.  Jon started the series way back in 1970 and has written that his original inspiration for Ed Gorgon, the baseball umpire who repeatedly is called upon to solve mysteries between calling balls and strikes, was that Frederic Dannay, then editor-in-chief at Ellery Queen Mystery Magazine, liked nothing better than baseball and dying messages.  So Jon served up both in Diamond Dick, the first Ed Gorgon story..  That story, and the further installments in the series, spanning thirty years, are collected in Kill the Umpire: The Calls of Ed Gorgon published by Crippen and Landru in 2003. Jon's collection is a fun read and is available at Amazon, Barnes and Nobel, or direct from Crippen and Landru.   (Tell Doug Greene that Dale sent you!)

Shoeless Joe and Ty Cobb, 1913

    If one casts a wider net other non-mystery baseball stories can be reeled in.  Much of the literature that has derived from baseball seems to have its roots in the Black Sox scandal, in which various members of the Chicago White Sox were charged with conspiring to throw the 1919 World Series.  Even though they were acquitted by a Chicago jury, eight players were eventually suspended from baseball for life, including (famously) Shoeless Joe Jackson, who got his name from once running the bases without his shoes on, and who may have been the greatest baseball slugger of all time.  Ring Lardner was a young reporter covering the scandal, and his impressions of Shoeless Joe were said to be the inspiration for his baseball short stories that were later collected in You Know Me Al, a series of letters authored by a vernacularly-challenged ball player.  Lardner uniformly portrays the White Sox players in You Know Me Al as semi-literate and hopelessly avaricious. 

    A real life episode that has repeatedly found its way into baseball lore followed Shoeless Joe Jackson's appearance before a grand jury empaneled to investigate the conspiracy allegations.  On September 29, 1920, The Minneapolis Daily Star, during the course of reporting on the scandal, published the following account:

When Jackson left criminal court building in custody of a sheriff after telling his story to the grand jury, he found several hundred youngsters, aged from 6 to 16, awaiting for a glimpse of their idol. One urchin stepped up to the outfielder, and, grabbing his coat sleeve, said:

"It ain't true, is it, Joe?"

"Yes, kid, I'm afraid it is," Jackson replied. The boys opened a path for the ball player and stood in silence until he passed out of sight.

"Well, I'd never have thought it," sighed the lad

    The line, and the saga of Shoeless Joe, who may or may not have been guilty as charged, reverberated through baseball literature.  In Bernard Malamud’s The Natural the central character, Roy Hobbs, is offered a bribe to throw a game and is then confronted by a child who says “Say it isn’t true, Roy.”  (The line is only in the book, so don’t look for it in the 1984 Robert Redford film!)   The story of Shoeless Joe is also at the heart of the Kevin Costner film Field of Dreams, based on Shoeless Joe by W.P. Kinsella.  And, finally, anyone who has seen the movie or stage production of Damn Yankees (a story close to the heart of any Washington, D.C. baseball fan) will remember the refrain “Shoeless Joe from Hannibal Mo.”  (Hannibal Mo. had nothing to do with Shoeless Joe, but, hey, a song’s gotta rhyme, right?)

    Well I should stop here and start packing.  We are off on one last winter trip to the south.   Hopefully when we head back to Washington D.C. it will be spring, because if winter persists it will be me who you will hear lamenting “it ain’t true, is it, Joe?”

A Corporate Christmas Carol

It's December, and we've had a lot of news to deal with over the last year, so some things have just gone under the radar.  But it's time to let some of those rats out of the woodwork, and the current scene with nursing homes around the country - including 19 of them here in South Dakota - has enough rats to kill every cat in the country.  That and make Ebenezer Scrooge wonder why he ever listened to the Ghost of Christmas Future when there was money to be made out of starving old folks.

Now I'll admit, I'm fascinated by nursing homes.  My parents lived in a massive retirement center complex in Knoxville, TN, that allowed you to buy a house, then a town home, then an apartment, get assisted living, and then go to their nursing home premises. For ten years, I spent my vacation visiting them and living on-site, and I always found it somewhere between fascinating and scary as hell.  And yes, I've set a few stories in that milieu.  A lot can happen in retirement centers and nursing homes.  In fact, the same things happen there as happen among any other group of people.  Just cause you're old doesn't mean you haven't stopped working on your life, for good or ill.  But it's better when the crazy stuff happens at the instigation of the residents, and not come down from on high.

Back in May, 19 nursing home facilities were going bust in South Dakota, thanks to their (mis)management by Skyline Healthcare of New Jersey. Skyline had gone on a nursing home buying binge between 2015-17:  110 nursing homes in six states at bargain prices, mostly from Golden Living, a large national chain that was sued by the Pennsylvania attorney general in 2015 for providing poor care. Golden Living wanted to lease out a lot of its nursing homes, and Skyline gladly took them over. 

This is the picture you get when you Google
Skyline Healthcare

Now here's one of the problems:  Skyline Healthcare was and isn't a large corporation with the kind of bucks to run 110+ nursing homes. Instead, it's owned by a single family, the Schwartzes (Joseph, Rosie, Michael and Louis), and nursing home industry watchers used to joke about the fact that their office was above a pizza joint in Wood-Ridge, N.J.  

But it wasn't so funny when Skyline quit paying the bills to, among others, nursing home vendor Health Care Services Group in Pennsylvania for housekeeping, laundry and dining and nutrition services. Then they stopped paying in Massachusetts, Florida, Arkansas, Kansas, and most lately, South Dakota. (Kansas City News) 

According to the complaint argued by Pierre attorney Margo Northrup, Skyline did not pay bills for the facilities, including from vendors and employee salaries. More seriously, “there are hundreds of patients currently residing at the (nursing facilities) who receive varying levels of care and whose health and safety have been put directly at risk by Defendants’ many defaults,” according to the complaint. On April 26, Skyline, the defendants, notified the state health department “that they no longer had sufficient funds to purchase food for the patients.” (Capital Journal)

The former Golden Living Nursing Home in Madison, SD

The result is all the Skyline nursing homes were put in receivership, and most of them are going to close. Where do the residents go? God only knows.

What the hell was the deal? Well, apparently Skyline Healthcare was a classic example of buy, gut, and sell - or outright abandon. And none of the sellers - Golden Living, among them, apparently bothered to check the Better Business Bureau ratings (D+, and God only knows how they got that) or their employee reviews (HERE).   So Skyline Healthcare bought the nursing homes using borrowed money, hosed up all the money in the nursing homes' accounts to repay their debt (and pay themselves, and their investors, of course), and then dumped the nursing homes.  And leaving the residents holding nothing but eviction notes.

And - WARNING, WARNING, WARNING! - this appears to be a (relatively) new trend in elderly care. Witness this article from The Washington Post. Back in 2011, The Carlyle Group bought the ManorCare nursing-home chain - the second-largest nursing-home chain in the United States. The financial deal "extracted $1.3 billion from the [ManorCare] company for investors... Shortly after the maneuver, the company announced hundreds of layoffs. In a little over a year, some nursing homes were not making enough to pay rent. Over the next several years, cost-cutting programs followed, according to financial statements obtained by The Post."

Among those costs were staff, utilities, rent, and patient care:

"The number of health-code violations found at the chain each year rose 26 percent between 2013 and 2017, according to a Post review of 230 of the chain’s retirement homes. Over that period, the yearly number of health-code violations at company nursing homes rose from 1,584 to almost 2,000. The number of citations increased for, among other things, neither preventing nor treating bed sores; medication errors; not providing proper care for people who need special services such as injections, colostomies and prostheses; and not assisting patients with eating and personal hygiene." (The Washington Post) 

The Carlyle Group is disputing all of these claims.  But the result was bankruptcy and sale, this time to non-profit ProMedica Health.

The Washington Post points out that private-equity firms have been moving - like sharks - into businesses serving some of the nation’s poorest or most vulnerable people, including payday lenders, nursing homes, bail bond providers, low-income homes for rental and prison phone services.

"Ludovic Phalippou, a professor at Oxford who wrote the textbook “Private Equity Laid Bare,” says it is a question of whether private-equity methods are appropriate in all fields. He has praised the ability of private equity to streamline companies but he has also described the firms’ approach as “capitalism on steroids.” (my emphasis)  He said, for example, that while private-equity ownership of nursing homes is accepted in the United States, people in some other countries would be “aghast” at the idea. “People will wonder whether this pure capitalism is appropriate in nursing homes,” Phalippou said. “The health and welfare of the old people who live there depend on them.” (The Washington Post)

But who cares about health and welfare?  That's so oldfashioned!  From The New Yorker:

Ron Shaich, founder of Panera Bread

"Wall Street has embraced the idea that companies exist solely to serve the holders of their stock. Under this way of thinking, managers of companies should focus their actions on driving short-term value for their shareholders, and should pay far less (or no) regard to other constituents who may have a stake in the business, such as employees, customers, or members of the community. [Ron] Shaich... believes that the fixation on short-term profits is jeopardizing the future of American business, and creating social instability that has contributed to our current state of political polarization."

And adding to the fears and worries of a lot of elderly people in nursing homes who literally have nowhere else to go.  Up here in South Dakota, there were 111 nursing homes, so closing 19 of them is taking away 17% of all the nursing homes in this state.  There aren't enough beds left in this state to take all the residents.  Where is Granny going to go for Christmas, this year, anyway?   Does anybody care?