WHAT THE DREAM ACT REALLY MEANS

WHAT THE DREAM ACT REALLY MEANS--DO NOT WASTE OUR TALENT

Yesterday, July 24, 2013, in the Los Angeles Times in an article by Lisa Marscaro, I discovered that it appears some Republican lawmakers are ready to accept the DREAMERS, the immigrant children who came across our borders without papers, who have served in our military and/or graduated from college.  As a "compromise" on the Immigration Bill they would agree to allow a path to citizenship for these young people.  Alas, not all Republicans want this compromise.  And, alas, it appears that the Democrats want all or nothing. Give us everything and allow a path for all--or nothing.
Now, I hope you take a really long look at the these two  pictures.  These are the faces of our present and our future. These are the young people to whom our Congress is fighting to deny a future. These are the faces of the people who would benefit from the Dream Act, benefitting our great country in immeasurable ways.

Just look at the talent!  Just look at the sacrifice!
Why in the world would our nation seek to deny a future in our country to young people who have finished their education; have fought for our country, maybe even died for it?

Oh, yeah, that's right--whenever some people think of immigrants, they think only of this:

SCARY HOARDS SEEKING TO OVERWHELM US.

TOO MANY PEOPLE DESTROYING OUR LAND, CARRYING DRUGS, TAKING OUR JOBS.  DRUG LORDS INVADING OUR SHORES WITH POISON! CRIME, CRIME, AND MORE CRIME!

:



But really the story is really more like this:    

It is a father, sacrificing everything to give his children a better future.

This is our immigration "problem"--a father, or a mother, or an aunt or uncle, leaving everything behind to bring their children to this country for a brighter future.  This is OUR HISTORY!  All of us have family histories where they have come from somewhere else to insure a better future for themselves and their future families.

Now, look again at the faces above.  These are the best and the brightest.  Their families did something right--LOOK AT THEM!  They finished college, they enlisted in our military, they made something of the sacrifice their fathers and mothers made.

Do not let politics or fear ruin our future,  Make room in your hearts and in our society for these young people who have so much to give.

Now is the time for you to contact your Congressional Representative and tell them-- LET THE DREAM ACT PASS--GIVE THESE YOUNG PEOPLE A FUTURE.  After all--it is our future too.  We cannot afford to lose or waste this talent.

By:  Mary (M.J.) de la Pena, author of An Immigrant American Hero.
Visit my websites to learn more about my books, writings and law practice.  marydelapena-author.com  and delapenalawoffice.com

TURNING CORNERS and ROADS CHOSEN,-ROTTWEILERS and WEINER

TURNING CORNERS, ROADS CHOSEN
or should I say, ROTTWEILERS AND WEINERS!

Today I planned to update all of you about my beloved Rottweiler, Tara, who many of you know was fighting for her life last week.  I wanted you to know that she had "Turned a Corner" and was doing so much better.  Indeed, she has turned the corner and will live.

However, in the blogosphere things change quickly, as do ideas.  Today, as I opened this space to write about Tara, I was faced with the story of someone who seems incapable of "turning the corner" and changing his life.  While Tara, my very intelligent dog, has chosen to live, it appears that Anthony Weiner has chose political suicide, and if his wife was not so loyal, marital suicide as well.

Of course, many of you already know that he continued to sext photos of his very private self to a very young woman, even after begging his wife's forgiveness, as well as the public's, and then resigned his office in Congress.  But now, with his ego intact, and maybe even that very private part of his anatomy bulging at the thought of again exposing himself to public scrutiny, he appears to have struct again!  Yes, it seems that he can't help himself--he must continue to expose himself to young women, but he does it via phone.

I must admit I am quite flummoxed by all  this.  No, not that he continued to take pictures of himself, because in my business as a criminal defense lawyer I have found over the years that a person who needs this kind of random attention and the need to shock others, has very deep issues that do not go away.  No, what has me shaking my head is that people with money, presumably those who convinced him to run for mayor, were so naive as to believe he had quit his hobby.  But, alas, he has not, nor will he ever quit.

A word to the wise for those of you who gave him money and encouraged him to run for office, understand something, Weiner will not be the only one exposed if he is elected.  You will all be exposed for your naivete for believing a person who waves his weeney will ever give up the habit.  Alas, they don't.  Just ask any judge who has had the repeat offender stand before them at time of sentencing.  All of the offenders swear they have quit; all swear it was a one-time thrill; and all swear that if given one more chance they will change.  They NEVER do!  Just ask around.  The thrill they seek is too deep, and the ingrained need to shock too pervasive.  While Weiner may stop waving his weeny, his need to shock will never die.

So, hold on New Yorkers, your ride will be a thrill a minute as his need to shock grows larger and larger with his ego.  As a person from Los Angeles who has lived with the derision those of you from New York have leveled at us for living in the land of perpetual sun, bar-b-ques, beach tans, convertible cars, cruising, and everything California, just remember, it will be us laughing at you if you believe that Anthony Weiner has turned a corner.  He has just taken the "Y", and will leave you wondering why--why you ever believed in him.

But, my ten year old Rottweiler, with the pancreatitis, she knew enough to turn her own corner.  She is fine.  She turned her corner and chose the road to health.  Stayed tuned to see what the Great Exposer has in store for us.  I can't wait!

A Great New Book

I recently had the chance to read Tom Bird's new book, Write to Heal.  On first inspection it appears to be a small book, aimed only at writers who dream of finishing a book and becoming an author.  However, as I started reading, thinking to myself that I am not one of those "blocked writers", and thinking I did not need the book, I was proven very wrong.

The author has included numerous exercised aimed at relieving stress and opening our minds to the Universe and its infinite possibilities.  All of this is something I learned when taking a Bar (as in lawyer stuff, not where you drink) prep class--learning to relax to let the lessons remain in our subconscious.  However, it is more than self-hypnosis, there are exercises that will exorcise any demon lurking within your soul.

Let me explain how it affected me.  Although I am very driven, or because I am very driven, I believe in moving forward, not dwelling on the past which cannot be changed.  But, there is a danger to all that, sometimes it is the past that is the road to the future, and if we do not examine what or why we failed, we cannot go truly forward.

That said, I took the book with me to my hide-away up the Central Coast of California.  There on my favorite dock, on my favorite bay, I began some of the exercises.  It was while I was working through the forgiveness part of the exercises that I realized how much dirt, grime, and puckey was stored in my subconscious.  Tears and tears later, I staggered back to my room, somehow changed, definitely for the better.

Thus, I highly suggest the book for anyone and everyone--not just for writers.  Try it, it may change your life.

WRITE TO HEAL, by TOM BIRD.  four stars!

Meet Prince Charming

For those of you who may have read An Immigrant American Hero, or Scruggs and Samantha, How a Shelter Dog and Kitten Saved Cinderella's Marriage, I want you to meet my "hero" and Prince Charming.  He's the gorgeous, distinguished gentleman whose picture I've included with mine.  And, yes, this is me, Mary de la Pena, doing my most professional, lawyer-like, business-like pose with the best looking man I know.

Federico Arturo de la Pena (aka Prince Charming) was born in Torreon, Coahuila, Mexico, and came to the United States when he was eight years old.  He moved from a house with servants to a single car garage in East Los Angeles, but graduated from high school and college before becoming a Naval officer and highly decorated pilot during Vietnam, and then a criminal defense lawyer.  You will hear more from him in our book, A Layman's Guide to Criminal Defense.  He is an extraordinary criminal defense lawyer, and great all-around man.

I know I sound biased, and I am.  He's been my law partner for more than twenty-four years after rescuing me from a life as a prosecutor--a job for which I never had the temperament (but that is another blog posting).  We've been married for more than twenty-three years, and still love each other with a fire that glows with more intensity as the years go by.  It is a love based on respect, honesty (with the occasional white lie--no your hair doesn't stick up in back, and no, I don't think less of you when you forget to carry out the trash), and a willingness to listen, no matter how many times the story has been told, or the complaining been repeated

Hopefully, in the posts that come, you will learn more about Prince Charming; the law; life; politics; and surviving in the 21st Century.

Love to all of you, and as my grandkids say, "peace out".

Mary de la Pena

P.S. Tara the Rottweiler is home.

Exploring fear and the darker side of human nature to find the hero within.

Sometimes Life Includes Dying--When to Let Go

There are so many things on which I could comment, the Zimmerman verdict, immigration reform, and all other things legal, including amending the filibuster rule in the Senate.  But today, my heart needs to talk about letting go.  The inevitable time when one make the decision to let a loved one continue to suffer, or let them pass simply and quietly.

My beloved Rottweiler, Tara, featured in Scruggs and Samantha, How a Shelter Dog and Kitten Saved Cinderella's Marriage, has not eaten since Wednesday night.  She is currently under the tender care of doctors and staff at California Veterinary Specialists in Ontario, California, but even with their round the clock care, she is fading.  So, Prince Charming and I are faced with the choice of letting her pass quickly, or stringing out what appears to be the inevitable--death.

Tara has a huge heart, but is also susceptible to pancreatitis, an inflammation of the pancreas which also inflames the bowel and intestinal linings.  This causes extreme pain and an unwillingness to eat. The lack of desire to eat may be nature's way of letting the intestines and pancreas heal, but for my huge hundred pound dog, it is also causing her to waste away, though the doctors are replacing her fluids and balancing her electrolytes through intravenous feeding.

Her absence is felt throughout the house, and strangely enough, throughout the neighborhood.  Fina, my Rottweiler mix, refuses to leave the front door, the door by which Tara left to go to the veterinary hospital.  Halo, the neighbor's dog, Tara's fence buddy is calling from up the hill, but his calls are not answered by either Tara or Fina.  Tara can't answer, Fina won't until Tara comes home.

But, the trip home may not happen, Fina's sighs may not be assuaged, and Halo's calls left unanswered. I made a promise to my animals that when the end is inevitable I would not make them linger or suffer indignities.  Yet, here I am three days later, lingering over the decision to let Tara go, bring her home, or let the doctors continue to try to bring her back.

If this was the first or second time around for this flare-up, I would not hesitate to keep trying.  But both Tara and Prince Charming have previously had pancreatitis.  It is painful, and lingering.  My dog is ten years old; old for a large dog.  My prince, has not had a flare-up since his hospitalization in the late 1990's.  What to do?  What to do?  I am truly lost.

So, do I keep my promise and let Tara's mighty heart keep beating though she is racked with pain?  Or do I let her go, quietly and peacefully with a kind doctor's help?  We humans do not have that choice, but we humans can make that benevolent choice for our animals.

What would you do?

With love and tears,
Mary de la Pena

The judge's ruling was correct on the Zimmerman's jury instruction

Enough already!  For those of you who keep asking me for my professional opinion as a criminal defense lawyer for more than twenty-five years, and prior to that a prosecutor, I will give you my opinion on today's ruling in the Zimmerman trial.  And, as much as I hate getting involved in another attorney's trial, I must admit that the judge's ruling in the Zimmerman trial was correct regarding the jury instructions for the lesser included offense of Manslaughter.  Before you start yelling at me, let me explain.

The United States Supreme Court, as well as numerous other state courts have consistently ruled that when a person is charged with a crime, and the jury is instructed on that crime, the jury must also be allowed to evaluate whether the defendant may be guilty of a lesser included crime.

So, what is a lesser included crime?  It is a charge where all of the elements of the crime are present, but maybe one.  For instance, in this case, Zimmerman is charged with second degree murder which means that 1) a human being was killed, 2) at the hands of another, 3.) the killing was intentional, 4.) and done with wanton disregard for human life.  Here, the judge is saying that maybe there was not a showing of wanton disregard for the safety of human life, but still there was an intentional killing, but it is not done with wanton disregard.

The next question is why does the prosecution want this instruction, and why does the defense loathe it? Easy, the prosecution has failed at showing wanton disregard.  Many time when there is what we call a failed, or imperfect self-defense claim by the defendant, the jury will find that though there was an intentional killing, it is mitigated (made less than) by the actions of the victim or the perceptions of the defendant.  The defense HATES this because they feel the case was over-charged, and believe that the prosecution should live with the crime they over-charged.  However, it doesn't work that way, no matter how many fireworks go off in court.  Sorry, the lesser included crime instruction must be given.

If you want more, maybe visit my website, http://marydelapena-author.com. for more info on my book, A Layman's Guide to Criminal Defense.