Friday, March 25, 2005

God Proposes, Man Disposes, TV Exposes

We are a nation of laws. We might have to obey them, but we don’t have to like them.

We are also a nation of lawyers, too many if you ask me, although some of my favorite radio talk show hosts started as lawyers: Hugh Hewitt, Bill Bennett, and Larry Elder. Lawyers can manipulate the law to keep celebrity wife-killers out of jail, but we don’t have to agree with the verdicts.

Do you know why New York got all the lawyers and New Jersey got the toxic waste dumps? New Jersey had first pick. If the analogy fits, that would make judges, too many if you ask me, tantamount to Chernobyl.

Here’s another lawyer joke. Do you know why they call it a practice? I guess you've already figured out the punchline.

The airwaves are inundated by legendary legal pundits like David Boies and Alan Dershowitz dispensing pro bono pro-life advice, but Terri Schiavo needed them arguing on her behalf in courtroom after courtroom. Some lawyers, such as Michael Schiavo's, are clearly better than others, like the Schindlers'. In high profile trials, we have seen the good guys outmaneuvered by the bad guys, but I never thought it could kill you.

When I was a sheltered teenager, I had a disillusioning encounter with our judicial system. I was shopping for a piece of jewelry I could wear with a long necklace, which I brought with me in my purse. As I was deciding to purchase the jewelry, I would pull out a long enough strand to compare the colors of the two, which were not an exact match. I bought the darn thing anyway and was grabbed by the department store security as soon as I stepped outside. They used ridiculously extreme, intimidating interrogation tactics and tried to force me to sign a confession they filled out for me to admit that I stole my own necklace, but I knew I was only guilty of naive stupidity and stood my ground.

When I appeared in court for my arraignment, the judge offered to drop the charges if I would plead no contest but then I would not get my necklace back. With all the conviction of the innocent, outraged that my necklace was being stolen from me, I requested a trial. I was fortunate that the judge reacted kindly and saw that my attorney happened to be inept - even I saw that! After instructing my attorney on my rights, the judge explained to me with gentle forebearance that I probably had a weak case and the opposition had four security officers to testify against me. If one judge can intervene to compensate for bad lawyering over a $5.00 necklace, how can another not do the same when human life is at stake?

That single judge in Florida and a lawyered-up estranged husband hold the power to end Terri Schiavo’s life, which until they removed her feeding tube was nowhere near endangered. Convicted of no crime, she is paying the ultimate penalty. Judge Greer, Judge Whittemore, Justice Kennedy, where is her presumption of innocence?

The most desperate supporters of Terri Schiavo’s right to live are begging the governor of Florida to violate his solemn oath to uphold the laws within his perview, the same crime for which President Bill Clinton was impeached and Chief Justice Roy Moore removed from his Alabama bench. Rightfully we are a society of laws, not of men, but who can blame anyone for expecting the governing principle of our constitution, the right to life, to be at least as important as the legal technicality of a sham marriage? The most powerful elected official in Florida is powerless to save a disabled constituent from court-sanctioned, involuntary euthanasia, but we are told this is how our republic was intended to work. At the core of a family’s personal tragedy is a civics lesson in the checks and balances of government, the legal limits of morality, and the tyranny of a values-neutral judiciary.

Speaking of checks, Judge Greer, is it true that you accepted a 2004 campaign contribution from the law firm representing Michael Schiavo? Is that why you hesitate to recognize Michael’s conflict of interest as guardian to the woman who prevented him from marrying the mother of his young children to whom he is already engaged? Judge Greer, why did you deny the state’s request to release the records of this case?

Alive, Terri is symbolic of the painful dilemma that many families who care for ailing loved ones must face and the fears we all share about our own mortality. Many decent people, including conservatives of faith, watch the video clips of Terri, think “I would never want to live like that,” and resent Congressional intervention in what they perceive as a private dispute. Some probably wish the Schindlers and this 24/7 cable television debate would just go away. Ironically, I hear more people talking about respirators and terminal illness, neither of which relate to Terri Schiavo.

On the brink of death, Terri is bringing families and couples together to discuss the importance of making a clear-cut medical directive at any adult age. I hope women get smarter about the men they marry and vice versa. We need an honest national conversation about the false promises of so-called painless death by dehydration and starvation. Alas, perfect science can be as elusive as perfect justice.

In death, Terri may inspire changes to the Americans with Disabilities Act to protect those who cannot communicate their wishes about life-sustaining care from guardian neglect, abuse and conflict of interest. This week an elementary school teacher who provides physical education adapted for special ed told me she has students in far worse condition than Terri Schiavo. She worries that Judge Greer’s decision establishes a legal precedent for parents who may not be as patient as Mary and Bob Schindler.

Michael Schiavo is about to become a bachelor again. Technically, he will be a widower just as technically Lizzie Borden was an orphan. The difference in terminology between bachelor and widower depends on how celebratory he seems on TV and the public mood will adjust accordingly. He can choose to be a gracious winner or an insensitive jerk. I read that he plans to cremate Terri immediately and keep her ashes in his family’s crypt in Philadelphia. I bet there are lawyers encouraging the Schindlers to seek an autopsy or civil damages and I hope they are more competent than their predecessors. I wonder if lawyers are advising the future Mrs. Michael Schiavo on her medical directive.

The law is an ass, as Charles Dickens wrote, and we are a nation of them.

Tuesday, March 22, 2005

Peaking Too Early?

I read it between the cranky lines on message boards. I hear it in hypercritical morning-after dissections by the water cooler. I sense it deep within my internal nerve center. Perhaps you do, too.

The fourth season of American Idol is lacking something basic. And I think I know what it is. I feel it – or, rather, the absence of it.

At this point in the competition, normally we are braced for off key, shaky performances by several contestants. One or two clear frontrunners would have been established. One or two controversial potential spoilers would emerge due to enthusiastic fan bases, not artistic merit.

The spicy ingredient missing thus far this year is suspense. The performers are more broadly talented, more assured, more artistically diverse, more professional overall. We are finally hearing new songs. All that should be a good thing, right?

Right. Except that AI is always a long race to the finish line. Like NASCAR spectators, we are hooked on the guilty thrill of crashing failure as much as the mystery of ultimate victory. Hence, the popularity of audition clips and spectacular losers such as William Hung and “Like a Virgin” Keith.

The only contestant still flirting with disaster is Mikalah Gordon. If Mikalah cannot do justice to a Taylor Dayne song, which should showcase her strengths, she does not deserve another chance. Bye bye, baby Babs.

If Mikalah exits as predicted, we may have nine more weeks of high stakes and heartbreak instead of the usual three, which leads me to wonder about my fellow viewers. Is the competitor of our favorite our enemy or another favorite? How the audience answers that question will determine the temper of the national debate. If the early nitpicking is an omen, this could be the longest, ugliest finale yet with plenty of suspense to come.

Of course, winning is still the raison d’etre and I foresee more winners this season than any before, including music producers, agents and lawyers. I expect AI4 to generate a record number of recording contracts for the top 12 plus its most famous exile, Mario Vazquez. Obviously, a career is a different matter, but I think there are more than a few contenders among the remaining eleven.

This week’s most welcome surprise was that Jessica Sierra, Nikko Smith and Anthony Federov showed demonstrable growth. As Kelly Clarkson and Clay Aiken continue to prove, fans become invested and remain loyal to performers who blossom before our watching eyes.

Jessica made a schmaltzy, over-the-top song, Total Eclipse of the Heart, warm and personal, achieving a near total eclipse of her peers. I had written her off prematurely for spotlighting her physical assets the past few weeks over her strong voice, for putting the ho in ho hum. I am pleased to report that Jessica’s opportunities will not be lost forever in the high Sierras, so to speak.

Nikko found his niche. His longevity is tied to his song selections. I still see him among the next to leave, but he earned my interest for another week.

Anthony is the all-American boy from the Ukraine with a sympathetic back story. Finally he showed us some vocal muscle and flexibility and he's got some moves, but I just don't think he is that special. Can we finally put to rest those Clay comparisons? My Aiken butt!

Nadia Turner defies the easy categorization that makes the marketers happy. The judges probably prefer her to spend more time with her coach instead of her stylist. I may be among the minority, but I liked her reggae-cum-rock treatment of Cyndi Lauper’s Time after Time and her ever-changing couture. She seems to be having the best time of all the performers. Each week she is fresh and unpredictable.

Constantine Maroulis also seems to be enjoying himself immensely. It takes confidence for such a macho male to select a bubble gum relic like I Think I Love You and he rocked it like a refugee from the mosh pit, where I suspect he developed his stage-pacing style. In an odd twist, increasingly I find his voice really appealing and his “come hither” looks a calculated distraction.

I like the softer side Bo Bice showed us during Time in a Bottle. Sometimes his swagger seems stiff and phony to me. His quieter voice sounded much more supple and genuine.

Scott Savol infused some emotion into Against All Odds and I was moved when he threw off his glasses and sang, "Take a look at me now." I hope he comes back next week for a heartfelt encore.

Anwar Robinson is a precise vocalist but a limited performer. Why then did he pick a Chaka Khan song that requires more energy than technique? Anwar, I still love you. But, please, for my sake, don't be so careless again.

Carrie Underwood made me like a Heart song I never could stand, Alone, which she nailed. She needs to work on her facial expressions or even a fan like me will start calling her Grimace.

I almost forgot Vonzell Solomon. That pretty much sums it up for me.

Sunday, March 20, 2005

State Assisted Homicide

This week Scott Peterson was sentenced to death row for the rest of his earthly days. A jury found him deserving of the severest punishment they could mete out for murdering Laci and Connor Peterson, although the case against Scott was circumstantial. He could have divorced his wife and left her to the care of her loving, supportive Rocha family. We may never know the specific causes leading to his unthinkable act of violence, but we do know he was pursuing Amber Frey and was the only beneficiary of Laci’s life insurance policy.

This week Michael Schiavo succeeded in sentencing his wife Terri to death. Michael’s case for killing his wife is circumstantial. He could have divorced her and left her to the care of her loving, supportive Schindler family. We may never know exactly why Michael withheld the rehabilitation that could have improved his wife’s prognosis and quality of life, but we do know he began a new relationship and family mere years after Terri’s collapse and he is the only beneficiary spending her malpractice award.

Is Michael Schiavo the Scott Peterson of Florida? Not if a majority of the Congress can stop him.

My mother died in 1994 from slow starvation and dehydration. One year earlier she had begun home dialysis treatment via a catheter in her peritoneum. Two months later she suffered a mild stroke, which led to a diagnosis of multiple sclerosis, after which she was further incapacitated by deep vein thrombosis. Finally, she developed a tumor on her peritoneum rendering home dialysis impossible. Rather than endure half-day treatments several times per week at the public hemodialysis center, my mother said enough was enough and made a living will to protect her decision to let kidney failure take its unobstructed course at home under the loose monitoring of hospice staff.

Is death by starvation and dehydration the easy, peaceful exit that some right-to-die advocates have recently described? Not in my mother’s experience.

At first she felt a temporary lift after removal of all medications. Then she became disoriented, mistaking visitors for long-deceased family members. As she began to deteriorate, my mother, a lapsed Catholic, gratefully received her last rites. Often she seemed to be fighting for life as a series of seizures and strokes took her farther and farther away. The last words she moaned have haunted me for eleven years: “I didn’t know it would be like this.”

My sister and I got into an ugly fight and the hospice nurse told me it was too late to reverse the damage anyway. All I could do was massage my mother’s septic body gently with lotion to try to ease the terrible itching that accompanies kidney failure and pray that the peace she sought was at hand. Still she seemed agitated for another week as though every last gram of life had to be wrung from her. Nearly a month after her final feeding, my mother exhaled loudly and died in my arms.

The very young son of a dear friend died from pneumonia, a complication of brain cancer. I was at his deathbed after he lost consciousness and witnessed his continued responsiveness to his family’s commands.

Terri Schiavo has been a disabled woman for fifteen years. She is neither comatose nor suffering from life-threatening diseases. Many of her biological systems are working normally. She made no written directives to support or contradict her husband’s allegation that she did not want to live under such dependent circumstances, an allegation he did not publicize until after he received the malpractice award.

Christopher Reeve lived nine years after the awful accident that left him paralyzed and on a feeding tube. His spouse insured that he received every available treatment to improve his prognosis and quality of life. Imagine Dana Reeve canceling his regimen and suing to have his feeding tube removed!

The choices for Terri Schiavo are not limited to “artificial” life or premature death, regardless of what Michael Schiavo might claim. Her family is desperate to take care of their daughter and sister for the rest of her earthly days. That Michael Schiavo is not willing to give Terri and her family the more humane option is his fatal flaw. It need not be Terri’s.

Friday, March 18, 2005

Fox News Alert

Today Fox News reporter and substitute host Brian Wilson announced that Tony Snow will provide a health update via telephone during tomorrow's broadcast of FNC's Weekend Live, which airs on Saturdays from noon until 2:00pm Eastern Time.

Tuesday, March 15, 2005

Super Mario World - Not!

On Monday American Idol fans were abuzz over the sudden, mysterious withdrawal of Mario Vazquez from the top 12 competition. Tuesday evening the dutiful dozen he left behind showed up and showed him up, probably relegating his absence to a one-day curiosity. As Simon Cowell likes to say, “So what.”

I might miss Mario but not for long. The AI starmaker machinery rewards singing talent and charisma, not always in that order, and Mario displayed both, but he was not the only one. Nadia Turner and Constantine Maroulis are likewise doubly blessed, which brings me to the whole rocker hoopla.

There is only one contender in the AI4 competition with a true modern rock sensibility and his name is Constantine. Nadia Turner does old time rock 'n' roll as well as Bo Bice and I mean that as a compliment. First and foremost, Bo is a long-haired singer, a darn good one, but his song choices prove that he is a soft rocker with a hard edge to his voice. Either the judges are promoting the rocker storyline as they did the short-lived three divas last season or else they hope to split the perceived rocker vote to the advantage of Bo, whom they clearly prefer to Constantine. There’s room for both in the top five and the overemphasis on their only real similarity (long hair) is part of the defining flaw in American Idol 4: the stupid quota system that imposes selective and unfair limitations on the most talented field in the franchise’s history.

I say selective because Anwar Robinson has longer hair than Constantine but he is exempted from the lazy visual stereotyping. Does anyone believe that the show would have set up a phony competition between Anwar and David Brown, had he survived long enough, simply because they both sport dreadlocks and share some musical influences?

I say unfair because the final composition of six males and six females promoted unworthy contestants strictly to achieve a gender balance, certainly not for the sake of art or even entertainment. David Brown and Nikko Smith were more deserving than Lindsey Cardinale and Jessica Sierra, in my estimation. However, once again the blundering AI powers-that-be are rescued by the talent.

Here are my favorites in alpha order:

Bo Bice – I think Bo is in danger of being overhyped too early. His slightly gruff soulfulness is a welcome addition to the AI repertoire, but his performances don’t linger long in my memory. When I try to visualize him, I always see Matt Dillon in the grunge-parody movie Singles, probably not the effect Bo wants to achieve.

Mikalah Gordon – In seasons one and three, Nikki McKibbin and Fantasia Barrino respectively grated on my nerves. Mikalah doesn’t annoy as much as she disappoints me. She is a potential powerhouse in need of serious coaching, especially with her lower register, and her novelty act would be more appealing if her performances were consistently strong. Clay Aiken has probably sold a million records for every time the judges advised that he was better suited to the stage, their favorite critique in season two second only to the ubiquitous "pitchy." Finally, here’s a Broadway baby who conjures up memories of Barbra Streisand or Ethel Merman and there has been nary a mention of it. What up, dawg?

Constantine Maroulis – He has more charisma in that butt in his chin than Kelly Clarkson has in her big ol’ Texas butt (don’t bother sending me hate mail – I won’t read it). If I were a teenager or twentysomething, I would probably already have a photo of those bedroom eyes on my bedroom wall. His voice doesn’t have to be perfect because he’s a real rocker and it’s plenty good enough. His ability to work the camera is a little too slick for my taste but a harbinger of guaranteed celebrity to come, whether in music or other media.

Anwar Robinson – Equal and possibly superior to Kelly Clarkson, Anwar may be AI’s most technically gifted singer ever. There are some voices so pure and clean that you would gladly hear them sing the phone book. For me, all of Anwar’s performances qualify as such. In any other season, that might be enough to win, but I’m not sure about this year.

Scott Savol – Scott has a reliable R&B voice like Ruben Studdard but without the cuddliness. Ruben had an early breakout performance with Superstar, which I don’t think he ever equaled, and Scott urgently needs to distinguish himself in similar fashion or he’ll be gone. If he had sung an Aaron Neville song, the judges would have called him brilliant.

Nadia Turner – Some may compare her to a Q-tip, but I think she is simply the most beautiful, luminous performer in AI history. The camera loves her. My ears and eyes love her. She has grace, chops, and star power. And, yes, she can really rock.

Carrie Underwood – Obviously scared by the early criticism of the judges, Carrie is playing it safe. Like Anwar, she is probably just being faithful to her own style. She is easily the finest AI singer from the country genre, which is neither the judges’ favorite nor mine, and one of the best technical singers, period. I really like her strong, dynamic voice and her understated demeanor makes me root for her. She may convert me to country-rock before she’s through, which I hope is not any time soon. Again, like Anwar, in any other year she would have been the standout.