Archive for September, 2009

Model City — Chapter 9

Little Shit

If I dood it, I get a whuppin’.
I dood it!

Red Skelton

1952 – 1961

I was a little shit and no doubt about it.

I have no personal memory of the earliest story.  Only of Mil throwing it in my face when she would accuse me of being “just like your father.”

Phil Fields was my best friend since we were babies and his aunt and uncle rented half of the 22d Street house from Dwain.  Mildred and Alma, Phil’s mother, remained friends until my teenage years when Mildred decided that Alma no longer wanted to be friends with her.

Phil and I were placed in the same morning kindergarten class at Creston Hills Elementary School.  As the story goes, we spent too much time playing and giggling together and not enough time paying attention to the teacher.  The teacher decided to separate us, and transferred me to the afternoon class.

According to Mildred, I threw a tantrum worthy of Dwain, threatening the teacher that I would “take a knife and cut you up in little pieces!”

Well, we all have our bad days.

But I can’t vouch for the total accuracy of the story.

All I remember from kindergarten is a slight difficulty in learning to distinguish blue from purple and a refusal to skip.

You’d think I couldn’t tell black from white (and actually, I wouldn’t learn that until the “block busting” days in our neighborhood two years later) the way they went on over the colors.  Nowadays, I am able to distinguish among robin’s-egg blue, Navy blue, royal blue, indigo blue, “Blue-blue-my-world-is”  blue, “Blue Velvet,” “Blue Moon” and “Deep Purple.”  But as far as I’m concerned, they’re still all shades of blue and you just have to memorize the names.

My stepdaughter, the fashion queen, who claims you can’t wear this shade of off-white with that shade of off white, because they don’t match would violently disagree with me, but really.  Is it worth having parent-teacher conferences over?  I’m a future member of Mensa, for Chrissake, I thought, and you’re treating me like an idiot.

I think that must have been when I discovered the Great Kids’ Secret.  Idiocy can be a very useful thing.

Kids aren’t allowed to say “I don’t want to,” or “that’s fucking silly and I’m not doing it.”  The Great Kids’ Secret, therefore, is “Gee, I’m trying my best, but I just can’t do it.”  Or, “I hear what you’re saying, but I don’t understand.”  Or, “I really am trying, but I guess I’m just too clumsy or too stupid to get it.”   Adults always buy “I’m too stupid” or “I don’t understand” from a kid.  They may not like it, but they believe it.

The Great Kids’ Secret saw me through skipping, which I found to be an incredibly juvenile waste of time when we should be learning to read or having stories read to us.

“Of course I know how to skip, dummy,” I thought.  “I can skip you under the table.  I was skipping in the womb.  But I was much younger then.

“Besides, skipping is for babies or girls and I ain’t gonna do it.”

“Mrs. Dimick, Stevie can’t seem to learn to skip.  All of the other children can skip around in a circle, but he just can’t seem to make his feet go the right way.  Have you considered having him tested?”

Now there was a teacher with a finely honed understanding of children.

Dr. Spock wouldn’t be invented for a couple of years yet.  I still don’t know if that’s a good thing or not.

*

Two years later, Negroes began moving into the Creston Hills neighborhood.  One family, then three, then five, as housing prices plummeted because white folks couldn’t get out fast enough.  It all happened in the space of one summer and before we knew it, white people were a minority on 22d Street.  Dwain refused to move, but did have to admit that if “they” actually were planning to go to school at Creston Hills, measures must be taken.

I was enrolled in the third grade (and Rick started in kindergarten) at the next nearest school, north of 23d Street, in a neighborhood that hadn’t yet been “ruined.”  The third-grade teacher spent as much time teaching us to sing “Oklahoma” and promoting her side job, selling World Book Encyclopedias, as she did teaching reading, spelling and arithmetic.

When we relocated to Midwest City the following summer, Mildred discovered that fourth-graders were expected to know their multiplication tables and how to do short division.  I knew neither.

Maybe that summer wasn’t as idyllic as I remember.  Evenings, after supper and before television, were like summer school.  Rick got to play and I got to drone “two times two is four.  Two times three is six.  Two times four…”

*

I left Midwest City in 1973 and didn’t return until my 25th high-school reunion in 1990.  Surprisingly, my classmates – even the ones I would have bet wouldn’t remember me at all – seemed genuinely happy to see me.  Then I ran into Sharon.

“Sharon!  Steve Dimick.  What was the name of that play we were in in high school?  You were the princess and I was the prince and we both got our servants to stand in for us.  Remember?”

“Steve Dimick.  Steve Dimick.  Oh, God.  You made my life a living hell in fifth grade.  Sitting behind me and punching me in the back all the time.  I actually hated going to school because of you.”

“Oh, shit, Sharon.  You don’t know how sorry I am.  I could give you the long story, but the short version is, there was no excuse for what I was.  I was awful and you just happened to be the nearest target.  But I’ve learned a lot since then and I really, really hope you’ll accept my apology.”

“I don’t know.  Maybe,” she said reluctantly.  “So…ah, what do you do now?”

“I’m an attorney.”

“I should have known it!  So am I, and I knew you’d beat me to it.”

“No, no.  I didn’t go to law school until years after college.  I’m sure you got there first.”

“What year did you get out of law school?”

“Uh, 1979?” I ventured.

“OK, you still win.  I had to wait until I was finished having kids and they were settled into school.”

The only curious thing to me about this exchange was that it didn’t happen with more regularity that weekend.  I had been a little shit and no doubt about it.

*

Being appointed “man of the house” made me cocky.  Being extremely shy meant that I couldn’t really deal with other people unless I could hide behind a mask.  It didn’t matter much which mask it was at the moment: the mask of the obnoxious adolescent, or of the rebellious teenager, the mask of the know-it-all student, the mask of the highschool student giving a speech.  I had a closet full of them.

I could deal with the world just so long as it wasn’t me dealing with the world.

In fifth grade, I sat behind Sharon all year.  Seats were assigned and that was that.  In the Midwest, things are the way they are.  You can complain about other people and you can complain about the government, because government is always bad.  Matters, however, such as the weather or seating charts, are ordained, and there is no sense in complaining or trying to change them, even if you were the one who had done the ordaining.
So it never occurred to the teacher to change my desk to the front row, so I would sit behind nobody.

*

The Dutch twins, Adri (“Archie”) and Tao (“Ted”) joined our class mid-year, after the curious incident of the girl breaking her neck in gymnastics class at another elementary school.  They hadn’t been in the United States a year yet, their English was barely functional and they were incapable of conforming to the norms of the Midwest City School District – they simply didn’t understand.

The Oklahoma solution was that the teachers or administrators should beat them into submission with wooden paddles and, by high school, these mischievous Katzenjammer kids had become surly, sullen and delinquent.  Like my half-brother, Dwain Lee, they were also poor mutts who never had a chance.

*

Pigtails were out and inkwells had been traded in at least twenty years before in favor of pencils.  So we didn’t get our knuckles rapped for blotting our copy books and young girls’ long hair was certainly safer.  Not that the girls themselves were, if they sat in front of me.

Just for something to do, or maybe because I liked her, or, more likely, to get attention, I would punch Sharon in the back with a pointed knuckle.  Not hard, but certainly enough to be annoying.  Ten, fifteen, maybe twenty times a day.  When she finally worked up enough nerve to complain to the teacher, we were ordered to switch places for a week, and she was invited to punch me as many times as she wished.  At the end of the week, we resumed our former seats.

A week.  I mean.  Get real, teacher.  The girl is suffering, here, and a week’s turnabout is the best you can come up with?

My reaction was a bit different from what teacher was expecting.  I counted every punch, marked in a notebook in groups of five: four “IIIIs” and a “/.”  The next week it was payback time, and she got two punches for every one I had received.

I was a little shit, and no doubt about it.

*

The fifth grade was when I learned to smoke stolen cigarettes, sitting on the railroad trestle a hundred feet from the ground, and for some reason decided to see how far I could push my new-found manliness.  As an “A” student (although we didn’t yet receive “A’s,” “B’s” or C’s,” but only Excellent, Satisfactory or Unsatisfactory), I had been awarded the coveted position of a Junior Policeman.

The Junior Police wore a canvas version of a Sam Browne belt with “Jr. Police” lettered on the diagonal portion.  They served as crossing guards at stop signs and intersections near the school, saving the district I-don’t-know-how-much money through not having to pay mommies or retirees to serve this function.

I got caught smoking on duty and was drummed out of the corps.

“Why?” asked Mr. Huffman, the principal.

“I dunno,” I said, and I didn’t and I don’t.

I first went to summer camp between fifth and sixth grades.  The camp was run by the Church of Christ – not our family’s church, but a fun experience nonetheless, except for all of the Jesus stuff and singing the books of the Bible like Muslim students memorizing passages of the Quran.  After my third summer, I was invited not to return. Something about a cursing match with a camp counselor.  I told Mildred that after three years, it wasn’t fun anymore, and I didn’t want to go back.

“Funny,” she said.  “Alma says that all of the other kids thought this was the best year ever.”

*

I rather liked the learning, but hated the schooling:  Mrs. McCauley, luckily not my teacher, who, just before the class bell rang, required her students to line up by blowing a whistle and shouting “My People!”  The edict that came down in mid-fifth grade that recess would thereafter be a time for group play.  Everyone would play tetherball or jump rope or some other organized activity.  Two friends sitting on the sidelines and just talking would not be allowed.

I didn’t do organized activities.

In college, I finally read T.S. White’s “The Once and Future King.”  The totalitarian ant society, in which “everything not forbidden is compulsory” reminded me certainly of the stifling bureaucracy of the University of Oklahoma as imposed by the Oklahoma Legislature, but more immediately of Glenwood Elementary School.

*

I was never disruptive in the classroom (well, except for the fistfight in highschool geometry class), but neither was I all that cooperative, and I suspect my contempt for the entire process showed.

There didn’t seem to be much homework in grade school; certainly not what my step-daughter faced forty years later.  Most assignments were done in class, leaving me with plenty of spare time.  But I caused no commotion.  Rather than throwing spitballs or sitting calmly with my eyes glazed over, I did what I did best.  I read.  Voraciously.  A volume from the small bookshelf that served as the classroom library would last me only a day or two, while all but the two smartest girls were still working on their assignments.

The girls, much more adept than I in the ways of getting along, pretended to be diligently working, while actually passing notes in the alphabet they had invented, based on the Phoenician.  I, meanwhile, got in trouble for not attending to business.

“Steve, why are you reading a book again?  What about the assignment?”

“It’s finished, ma’am.  It’s right here.”

“I can’t read this.  I think you should do it over.”

“But…”

“Just go back to your desk and do it over.  Neatly.”

*

WHO in HELL was she to be telling me that right answers weren’t good enough unless they were also neat?  Sometimes she would make me do the assignment over four or five times until I was almost in tears, each version becoming more illegible than the previous one as I grew angrier and more frustrated.

*

Reading aloud was just as bad.  As the class took turns reading a page or so, I would be several chapters ahead, or reading another book entirely.  When it came my turn, I had no idea where I was supposed to start.  Punishment – and it was punishment indeed – usually meant I was skipped over and not allowed to read aloud.

“Mrs. Dimick, Steve seems to have a real problem paying attention in class.  Have you thought about having him tested?”

*

Mildred could have said, “I certainly share your concern, but how are his grades this term?  That good?  Well, then I don’t think we have anything to worry about.”

But she didn’t.  She may have chafed under the imagined lack of adulation by her friends, but she always bowed to authority.

**

At thirteen, I was racing quarterhorses, which I did for about two years, until the day I was unable to force the horse to make a sharp turn.  The horse jumped the railing. sending me flying.  Racing saddles are not made for jumping.  Wholly inept at sports but fairly agile nonetheless, I landed on my feet, breaking my left ankle, spraining my right and marking the end of my racing career.

I sold my saddle and, as a consolation, Mil sprung for the second item on my wish list (the first was to be a jockey): a Cushman motor scooter.  It wasn’t long, though, before we were standing in front of the judge in night traffic court.

It started with Phil and me cruising around tossing fireworks in our wake.  Who should pull us over but Grady, the one officer on the Midwest City Police Force who was held in joking contempt not only by the town’s teenagers, but even by most of their parents.  Grady moonlighted, in full uniform, at the Skytrain movie theater on Friday nights and Saturday afternoons to keep the rowdy kids in line and eject those who caused too much disturbance.

*

The Skytrain was a combination community day-care center and teen hangout for the under-sixteen crowd.  Parents parked their pre-teens there for four hours on Saturday afternoons and allowed their young teenagers to hang out there on Friday nights.  There being no shopping mall in town yet, the Skytrain was the only place in town for young kids to meet.  Hormonal teens went to meet their friends, cut up and make out.  Pre-teens went to meet their friends, cut up and maybe watch a movie.

Management was Mrs. Coxey, whom we all felt bore a striking physical and attitudinal resemblance to Margaret Hamilton as the Wicked Witch of the West.  Mean as sin, we thought, since she would have us ejected for the slightest little offense, such as smoking, spitting, climbing on the seats or talking too loud.

Still, at the end of the double feature, kids would line up at the ticket booth where management allowed each of them in turn to use the theater’s telephone to call their parents to pick them up, and Mrs. Coxey never received a word of thanks.

Had I, at my age now, been manager of the theater then, I would probably have carried a bullhorn in one hand and a cattle prod in the other.

*

The theater was a training ground for future anarchists, terrorists and engineers.  We vied to see who could come up with the best disturbance while maintaining innocence.  I am proud to say that I invented two of the best.  Maybe I should have been an engineer.

One of my group raised pigeons and three of us each smuggled a pigeon into the theater under our jackets.  At the signal, we each carefully placed our pigeon on the floor, where they proceeded to walk underneath the seats for several rows until seeing a clear spot from which they could take flight.  Girls screamed as the pigeons brushed by their ankles.  Once aloft, the birds first flew toward the light of the movie screen, then catching sight of the narrow beam of the projector, flew toward it, then back to the screen and then back to the projector.

It was beautiful.

*

From my familiarity with stolen cigarettes, I realized they made the perfect delayed fuse for fireworks.  And somebody in our crowd always had access to illegal cherry bombs and M-80’s.  It was such a simple matter to stroll into the bathroom, light one end of a cigarette, insert the cherry bomb fuse into the other end, place the contraption behind the toilet and return to my seat and the movie.

The sound of a cherry bomb exploding in an enclosed stall in a small, tiled bathroom in the middle of a Doris Day movie was as welcome and fulfilling to us as the smell of napalm in the morning would be to Army brass not so many years later.

Officer Grady was livid.  And helpless.

*

Everyone called Grady “Barney,” after the Don Knotts character on the Andy Griffith television show.  Wits that we were, we never failed to ask him, on our way into the theater, “Hey, Barney!  Did Andy give you your bullet today?”

“You damn kids sit down and shut up or you’re out of here,” he would bark, impressing nobody.

I speculate today that Grady probably had nine kids at home, a wife too ill to work and no choice but to suffer helplessly at the best moonlighting job he could get.  Unless, of course, he really was the fool that we all thought him, but that would be too easy.

*

After the motor scooter fireworks prank for which I did get busted, Grady made us follow him to the police station where our firecrackers were confiscated, we were lectured, cited and turned loose.

“Have fun with my firecrackers,” I said with a cheery wave as we prepared to ride away.

Damn poor judgment for a kid as smart as I thought I was.

Hauled back into the station, I was given two more citations and we were forced to call our parents to come retrieve their little darlings.  The Watch Commander at the police station apologized to Mildred for the inconvenience, but explained that it was for my own good.

He wondered if she had considered having me tested.

In night court, I was still feeling that only one of the three citations was fair and the other two were punishment for being a smart-ass, which was not against the law.  Mildred kept elbowing me and whispering for me to shut up.  The woman whose friends never showed her proper respect always showed proper respect toward her superiors.

Phil, a pampered only child who always had his eye out for a con, who later made something of a hobby out of sneaking his mother’s car out for unlicensed joy rides with his friends, and who would shortly be nailed as the kid who had been helping himself to his church’s collection plate for several months – but who was smart enough not to smart off – was the apple of his mother’s eye.  She refused to let him ride on my motor scooter again.

*

It can’t have been the Skytrain pranks, or breaking into the drive-in theater during the off season when it was closed, or shooting up the water tank with a .22 – I didn’t get caught for any of those.  It might have been for walking through the State Fairgrounds parking lot randomly breaking off radio antennas (for which I was caught.)  Or just general surliness and my smart mouth.  I don’t remember the precipitating factor, but Mildred finally heeded the advice teachers had been giving her for years and decided to have me “tested.”  Convinced that I was a “troubled child,” and well on my way to a life of crime, she sent me to a child psychologist.

I participated willingly – if not always honestly – finding the process fascinating, if a bit of a joke at the same time.  Torn between really wanting to know more about me and the feeling that the whole process was a sham, I gave honest answers half of the time and (what passed in my mind for) witty answers the rest of the time.

There were standard multi-phasic tests, essays, word associations (“black: purple;” “up: giddy;” “stop: no;” “new: do;” “old: McDonald”), and the Rorschach test.

I had always wanted to do a Rorschach ink-blot test.  When I could think of a smart-ass description of a particular blot, I gave it.  When I couldn’t, I was honest.

One pattern left me with trouble expressing myself.  “It’s a person carrying a shopping basket.”

“Can you tell me anything about the person?”

“It’s female?”

“And how do you know it’s female?”

“By the…uh…the bustline?”

In mid-America in mid-century, we didn’t speak of sexual matters or body parts except in Victorian euphemisms.  My first mother-in-law probably never uttered the word “breast” in her life, although hers were something to be proud of.  Her oldest daughter, my first wife, after spending two decades and more in California, might occasionally say “breast,” but felt much more comfortable with “bosoms.”  This was very late 20th Century, and she informed me testily that she would never refer to them as “boobs.”

And so I was tested.  Once a week, week after week.  Both of us waited for the results, for different reasons.  When they arrived, we were both disappointed: Mildred because of the bottom line, me because of the lack of details.  If there was a written assessment, I never saw it.

“He says you’re normal,” Mildred said, with more than a hint of disappointment.  “Abnormal” would have meant that it was out of her control – the diagnosis for which she hoped – while “normal” implied that she either shared in whatever problems existed or was overreacting.  “He says you’re a teenager.”

Well, damn.  And after all the trouble I had gone to.

*

In elementary school, tired of being one of the two or three smartest kids in my class – especially since there seemed to be no percentage in it for me – I tried my best to get a “U” (Unsatisfactory) in some subject.  Any subject.  It was a personal goal I set for myself.  But worthless kid that I was, I couldn’t even do that successfully.  The best I could manage was an S minus in music.  Jeez!  I couldn’t even fail P.E., and Mr. Faudree knew I never paid attention and never joined in unless forced to.

And now, in junior high school, I couldn’t even be a successful juvenile delinquent.  I couldn’t even be a “troubled child.”  If that shrink is still practicing, he should have his license pulled.

**

There was little socio-economic class overlap in Midwest City elementary schools, there being one such school for each square mile of town.  Class status in the junior high schools, however, was broader, with John Jarman (10-term congressman) Junior High School having students from middle-lower to upper-middle class and Mike Monroney (three-term senator) Junior High School teaching students from lower-middle to upper-upper class.  (All rankings have been unilaterally adjusted to Midwest City standards by the author.  On an absolute scale Midwest City’s highest class would have been upper-middle.  And damned few of those.)

Jarman had a two-year trade course in auto mechanics.  Monroney didn’t.

I attended Jarman for the first two years and then, because Mildred and Bob had moved across town, transferred to Monroney for the ninth grade.  Jarman, the Monroney vice-principal explained to me, had “a lot of problems, because they have to take the foster children and the Air Force kids and the farm kids.  That’s why they have so many hoodlums.”

Many of those “hoodlums” were my friends, and I sought them out, at both junior high schools.  They were also angry and surly, with giant chips on their shoulders, looking for a place to fit and, not finding it, making a place of their own.

At the same time, I was a part of another group: the “A” students, with whom I spent most of my classroom time.
I didn’t fit well with either group.

The hoods were a little too ready to fight and a little too proud of receiving “C’s” and “D’s.”  They talked a lot about cars, about clutches and carburetors and engines and tires and other things wholly foreign to me.  They also liked to lie and brag.

“Man, I know this ol’ boy has a 427 Chevy engine that’s been bored and stroked ‘til it’s a mean mother and he’d let me have it for only about three-fifty.”

“Shit, that’s nothin’.  My uncle’s rebuilding a GTO for me.  It’s gonna have 450 horses, four-on-the-floor, dual carbs, a racing cam and racing mags.  I’m gonna get it for my sixteenth birthday.”

The “A” students had parents who took them to plays and museums.  Their parents actually welcomed other students to their houses to study or work on extracurricular activities.  Most of them actually liked their parents.  During summers in high school, while I worked to save money for college,  they went to band camp or math camp or debate camp at out-of-state universities.  Most of them knew where they wanted to go to college, and it usually wasn’t the one that was cheapest.

If the “hoods” seemed too unhappy, the A’s seemed too happy.  Even through my senior year in high school, I never completely solved this internal problem and never felt that I fit in, even when I found a place where I did.

One thing I did not do was blame the group because I didn’t fit in.  That would have been too Mildred.

News Stories I Don’t Even Want To Read

CNN:  All the News That’s Fit To Ignore

I kid you not; these are actual headlines from CNN’s home page over the past week.  I have no desire to actually read any of the stories.  Imagination is so much more fun.


“Breast implant ad: Buy one get one free”OK, what’s the gimmick, here?  Is the free one a return?  Does it already have 10,000…uh…miles…on it?  Is it the same size?  Does it point to 3 o’clock?


“911 call: Raccoon stuck in peanut butter jar”Have you ever had peanut butter stuck on the roof of your mouth?  And in your paws?  And your whiskers?


“Urinal for her lets ladies, um, like a man”You mean pee all over the toilet seat?


“Bare-bottom rock climber stops traffic”He was 350 pounds and covered with hair.


“ ‘Tight pants’ woman jailed for not paying fine”Maybe she should have used her assets.


“Hiker falls after accepting proposal”She was bowled over.


“Neighbors get in tug-of-war over kitten”Must have been two men fighting over a pussy.


“Women face trial for glued penis revenge”Isn’t that carrying penis envy a bit too far?  Is a  “glued penis” the opposite of a Bobbit?



“How to get rich off the weather”Buy in low-pressure areas, sell in high.


“Bush ’shoe thrower’ to be freed from Iraqi jail”And I’ll bet he hot-foots it out of there.


“Zebra bites girl’s finger”That’s not news.  Girl bites zebra: now THAT’s news.


“Semi stopped carrying $4.5M in cocaine” Did it stop cold turkey or check into a clinic?


“Police check sweatshirt in missing boy case”I think we would have heard if he were in there.  Maybe they should look in his shoes next.


“Cop stops naked motorcyclist”Probably for not wearing a helmet.

The Client Who Threatened To Kill Me

…and the judge who was equally as afraid

A client once threatened to kill me.

Oddly enough, it wasn’t a criminal case or a family law case, but a probate case – usually the most non-confrontational of all legal matters.  It scared the bejezus out of me, but I didn’t have the clout to force the County of Alameda to protect me, as did the Honorable Judge Roderic Duncan.

*

Rod Duncan, now blessedly retired, was the darling of the family law bar – except for those attorneys who refused to appear in front of him.

A graduate of my law school at UC Berkeley, where his chief distinguishing mark was not as editor of the law review, but as editor of the school newspaper, he was appointed to the Municipal Court Bench in 1975, after which he spent ten years specializing in small claims cases before winning an election to the Superior Court.  Once on the Superior Court bench, he gravitated to family law.  Most judges hate family law.  It’s too stressful and too heart-breaking, so usually only the judges with the lowest seniority get placed in family law courtrooms.

But most judges don’t take into account the feeling of absolute power you get when you’re presiding over family law matters.  In small claims court (Duncan’s specialty), a judge can award a few dollars here or a few dollars there in a fence dispute or a fender bender.  In Superior Court, a judge might preside over a multi-million-dollar business dispute or personal injury case.  But that only involves money.

Or our hypothetical judge might preside over a murder trial and sentence a convicted defendant to 25 years to life in prison.  But that only involves years.

In family law, however, a judge has the ability to micro-manage the very lives of the litigants.  He decides whether or not a party should be working at a better job – or working at all.  He can order a party to look for work and to provide proof of ten or fifteen job applications each week.  He can order the mom to stop smoking in the house with the children or the dad to stop drinking in front of the children.  He can order the parents to go to parenting classes.  He decides what the holiday visitation schedule with the children will be, whether mom is allowed to have her new boyfriend sleep over, whether dad is feeding and clothing the children properly, who the children are allowed to socialize with, where they go to school and who pays for extra-curricular activities.

Murder trials and asbestos-related lawsuits are so much easier to deal with.  Most judges hate being asked to run people’s lives like this.  But not Duncan.  He loved it.  It was much more fulfilling than listening to petty small claims gripes all day.

*

After a few years in the family law court, he decided to become “the people’s judge” and began writing a series of self-help books, including “How to Sue for up to $25,000… and Win!”, which was the “insider’s” guide to small claims court, and “A Judge’s Guide to Divorce,” in which he demonstrated his contempt for the judicial system.

“Whatever you do, try to keep your case out of divorce court — the system stinks,” wrote Duncan, who contributed mightily to what Tennessee Williams termed the “powerful smell of mendacity.”

And in a companion piece he wrote for Nolo Press, he expressed equal contempt for the litigants who appeared before him.

“Lying under oath is an accepted element of most trials,” he wrote.  “[I]n almost every trial, at least one of the parties will step up to the witness stand, swear to tell the truth ‘so help me God’ and then sit down and violate that oath.”

Now, let’s say you’re a litigant, looking to the judicial system to address a wrong and hoping that the  system will make it right.  Do you want a judge who claims that “the system stinks” and who firmly believes that you and your opponent don’t simply have a legitimate dispute but that one of you must be lying?

I’ve done my share of trials and I swap stories with other attorneys who have done their share.  We all know that some parties lie.  But I’m not aware of any attorney – whether he won his most recent case or lost – who takes it as an article of faith that one party in “almost every trial” lies through his teeth.

But, then, attorneys are not “a breed apart,” as Duncan described himself in an interview with The San Francisco Chronicle.

*

Duncan was voted “Judicial Officer of the Year” in 1990 by the Family Law Section of the California State Bar Association, so he must have been making some attorneys happy.  There were, however, numerous attorneys and uncounted litigants who didn’t share this benevolent opinion.  For he was widely known as rabidly prejudiced in favor of women.

“Personally, I consider it malpractice to allow a male client to appear in front of Judge Duncan,” a female family law attorney once told me.  (At a client’s very first appearance in front of a particular judge, the attorney can challenge the judge on the grounds that the judge is prejudiced against the attorney or the client and that they cannot – or believe they cannot – obtain a fair hearing.  There is the rare judge who bristles at these challenges, but mostly they are accepted without argument.)

“I’ve only challenged one judge in my entire career,” a contemporary told me recently, “and that was Judge Duncan.  Actually, I liked Duncan and usually didn’t mind appearing in front of him.  But this one involved a substantial amount of money – and I was representing the husband.”

“Most of us,” relayed a Family Court Services mediator, “think he has an almost … pathological … prejudice in favor of women.”

Granted, the air in family law courts fairly crackles with emotional sparks, and much of the time one client or the other leaves the courtroom with face bright red and ears smoking.  But in my memory, only one Alameda County judge has ever been the object of organized pickets outside the courthouse or of a recall petition  – Roderic Duncan.

Duncan later claimed the recall effort and the pickets were the result of a single case in which he ruled against a monied husband.  They weren’t.

The recall failed, but Duncan retired two years later, at his earliest opportunity.  Since then, he has devoted his time to writing about being a judge which, being abstract instead of dealing with real cases, is safer for Duncan and the public both.

*

The guy who threatened to kill me was the step-son of a wealthy local politician who had died a few years before, leaving a complex will designed to reduce federal estate taxes and necessitating a complex probate when my client’s mother died.

Al was not the sole beneficiary of the estate, but he was named as the executor in the will.  And from the beginning, he determined to do as he pleased, despite my advice and frequent lectures.

But my patience snapped when he began treating the estate bank account as his own.

Most of the estate’s assets had been liquidated and placed into a bank account in the name of “The Estate of Susan Somebody,” with Al as the sole signatory.  According to the rules of probate, he was holding these funds on behalf of all of the beneficiaries under the will and had absolutely no right to any of them until the funds were ordered to be distributed by the judge.

One day I received a telephone call from a car dealer in Las Vegas.  Al was trying to buy an $80,000 sports car with a check on the estate account.  The dealer wanted to know if this was legitimate.

I exploded – internally – and, as calmly as I could asked to speak with Al, telling him to make an appointment with me as soon as he was back in town.  When he arrived at my office, accompanied by a knuckle-dragging Neanderthal whom he referred to as his “bodyguard,” I had a Substitution of Attorney form waiting for him to sign.

“Find another attorney,” I said flatly.  “I won’t represent you any more.  In the meantime, please sign this Substitution.  You’ll be acting as your own attorney until you find a new one.”

Al and the knuckle dragger glanced at each other.  Uh, oh, I thought, and the next day made a quick visit to the hardware store, bought a 30-inch piece of galvanized pipe and mounted it in the kneehole of my desk, within easy reach.

But all he did was turn up the corners of his mouth and flash a bit of teeth.  It was not a grin.

“No, counselor.  I guess you’re stuck with me.”

He was partially right.  Once an attorney has appeared in court for a client, or filed any papers for the client listing himself as the attorney, he remains that client’s attorney until the client signs a Substitution of Attorney or a judge grants the lawyer’s motion “to be relieved as counsel of record.”

A month later, I was in the probate court attending the hearing on my motion.  Sitting in the audience were Al and the Neanderthal.  He had filed no objection to my motion and didn’t come to the counsel table when my matter was called.  He just sat there.

My motion was granted and, as I walked past Al to leave the courtroom, he pointed his forefinger at me, with thumb straight up and slowly let his thumb fall like a hammer.

*

At this time, I was going through marital counseling with my first wife, from whom I was separated.  We were trying to work things out and get back together.  We had an appointment that evening.

“I really don’t feel like talking,” I started out.  “I don’t even want to be here tonight.  This has not been a good day.”

Of course I caught hell from both of them.

I was still trembling from the experience of three or four hours before – and with good reason, as I found out later.

“A client threatened to kill me today.  Doesn’t that matter at all?  I just don’t think I’m able to be all touchy-feely tonight.  Can’t either of you understand?”

No, it didn’t, and no, they couldn’t.

I don’t even remember if I stayed for the whole hour or got up and walked out.

*

Al evidently continued to raid the cookie jar and a few months later there was a hearing to determine whether to remove him as executor of the estate.  He evidently didn’t take it well, caused a disturbance, was physically restrained by the court attendant and was found to be in possession of a handgun, for which he was arrested.  I have no doubt that he was stupid enough to have used it, although not smart enough to have used it effectively.

*

Those were in the days before there were metal detectors at the entrance to all of California’s courthouses.  It would be three or four years yet before they were slowly installed, prompted by a minuscule number of courtroom incidents statewide.  (The metal detectors wouldn’t, of course, have stopped the one angry litigant who stabbed his attorney in the eye with a pencil.)

But in the meantime, I had to make an appearance in one of the two family law courtrooms in Oakland.  Surprise!  In one wing of one floor of one of two buildings full of courtrooms in downtown Oakland, there was a metal detector.  And one of the three courtrooms in that wing was presided over by none other than Roderic Duncan.

He was pretty fearful for a judge who claimed that only one rich husband was behind the recall effort and all of the picketing.  How he swung this favor I’ve never learned, but I’ll bet the story he told the county about who was “out to get him” bore little relation to the story he told to the newspapers.

Model City — Chapter 8

Dwain

I built the Rock of Ages, it was in the Year of One
And that’s about the biggest thing that man has ever done.

The Bragging Song, Traditional

1947 – 1972


There was another man in my early life, a man much more intelligent than even he knew (certainly preferable to the converse), who had little formal education, but never ceased exploring and educating himself and asking questions and challenging authority and occasionally taking the time to try to teach me to do the same thing.

His name was also Dwain Lee Dimick, Sr., and he was also my father.

I remember surprisingly little of life before I was nine.  Mildred was always surprised at how little I remembered.  I suppose I either blocked most of it out or, off in my own fantasy world, wasn’t paying any attention in the first place.  I remember selected scenes like movie clips I occasionally play.  On balance there are probably more pleasant memories than unpleasant.

*

While Mildred didn’t always have money for groceries, or even a dime to give to Dwain Lee for school lunch, Dwain always had money for toys.  We had the first television in the neighborhood, the set itself almost as big (in my memory) as today’s giant-screen TVs, but with a round screen not more than eight or ten inches in diameter.  From the time it arrived, Sunday evenings belonged to Dwain’s friends and Milton Berle.

But televisions were temperamental, tubes were fragile and wiring could overheat and short out.  As TVs became more common, so did the need for television repairmen, who were few, overworked and evidently fairly expensive.  Dwain ordered a home-study course courtesy of the G.I. Bill and taught himself electronics.  The oversized garage on 22d Street was transformed from auto repair to television and radio repair, not on any large scale, but for friends, neighbors and friends of friends.

I assume he did it to earn extra (non-reportable) money on the side.  I would be surprised if he earned much more money than it took to purchase the testing equipment and supplies before becoming bored and moving on to something else, but to me, that’s not the point.  He could do it; he did it, and he did it by himself.

Dwain and toy

Dwain and toy

I think he moved back to cars for a while after the television phase, converting the fuel system to make the family Chevrolet run on butane rather than gasoline.  Maybe butane was cheaper, but all I remember it accomplishing was diminishing the trunk space by about 75 percent to make room for the butane tank.  Oh, well.  We never went anywhere but Guthrie or Stillwater, anyway, and the frosty butane tank was handy for keeping the groceries cold.

(We always drove Chevrolets.  In the quiet, prosperous post-war years, when there really was a car in every garage – except those garages filled with dismantled radios and televisions – there were several makes of automobiles (all American makes, of course), but only two types of ordinary guys: the ordinary guy who drove a Chevrolet (“Chivolay” it was and “Chivolay” it remained even in national advertising  until at least the 1980s, showing the brand’s strong identification with the heartland: “Baseball, hot dogs, apple pie and Chivolay”) – and the ordinary guy who drove a Ford.

(The Chevy folks thought the Ford folks were simply a little slow.  Buy a Ford and a Chevrolet on the same day for the same price, and two years later the used Ford would be worth half as much as the used Chevy.  “And then dayum!  That fool went out and bought hisself another Ford!”

(The Ford folks didn’t care.  They had a love affair. And, hell, you didn’t trade in your Ford every two or three years, anyway.  You could keep that ol’ car a-runnin’ with balin’ wire, electrical tape and bubble gum long after that dern Chevy had gone to the junkyard.)

Then it was motorcycles, including a huge Indian.  At five, I didn’t understand the allure of the Indian.  I was probably fifty-five before I read a feature article about the Indian being revived and what a cult bike it had always been.  But it certainly impressed the neighbors and my uncles.

Guns: collecting, buying, selling, trading.  Fishing: different rods, different reels, different lures, the best places to go for black bass, the best times of day to fish.  Taught himself (and later me) to use a fly rod, a talent which looks deceptively simple, and was damned good at it.

The most fun was when he decided to turn our tiny basement into a full-sized basement.  It had a concrete-block wall on three sides, and bare dirt on the fourth, and the original portion of the basement was only about a third the size of the footprint of the house.  In came section after section of conveyor belt and a large portable engine to pull the contraption.  Unfortunately, the basement only had a couple of narrow windows to the outside and a standard-sized door to the inside of the house, so there was no getting a backhoe down there.  Had there been, Dwain would have bought one.

Shovel and pick and sweat loaded yards and yards of dirt up the conveyor belt and into the back yard, where it had to be shoveled again into the pickup to be hauled off to a landfill.  Naturally, it wasn’t long before he became bored with this project and moved on to another.

But with something of the child left in him, he took a ten-foot section of conveyor belt (without the belt – just the rollers), attached one end to a welded ladder about four feet tall and invented the world’s greatest slide.  We would take a piece of cardboard or plywood, place it on the rollers at the top, sit down and head for the ground faster than any playground slide ever.

As Dwain had been with his new television, I was the hero of the neighborhood kids with my new slide.  In time, I learned to stand on a piece of plywood, balancing myself all the way to the bottom, much like surfing.

*

And music.  On a whim, he traded some old boy at work a pistol for a violin, and only afterward realized he would have to teach himself to play.  He did.

Guitars, a steel guitar and a mandolin all passed through the house and as soon as he learned each one, he would trade it off for a different instrument.

Hat, tinted glasses, pencil-thin mustache

Hat, tinted glasses, pencil-thin mustache

In the second grade, I decided I wanted to take piano lessons.  Dwain was delighted.  It was an excuse to buy a piano.  Never mind that you could rent one for five dollars a month.   While the piano teacher, Mrs. Short, who was about three feet tall and at least 100 years old, was still struggling to teach me about “Every Good Boy Does Fine” and “All Cows Eat Grass,” Dwain skipped the reading part altogether and started playing Fats Waller by ear.

In his 40’s he was living in a two-room house on about an acre of ground in the poorest part of Midwest City, some two miles from our house.  I saw him a few times a year, usually by riding my bicycle to his house.  He decided to buy a saddle horse.  And then another one.  And then another one.  Each one, of course, had to have its own set of tack and who knows where this money came from, since he was constantly complaining about the $50 per month he had to pay in child support for each of his sons.

Then came the library of books on breaking horses, training horses, jumping horses, cutting horses, gaited horses, shoeing horses, horse anatomy, horse diseases, veterinary treatment for horses.

(On one of the few occasions he was in a generous enough mood to let me take one of the horses out, I rode over to visit an adult friend who had two pre-teen daughters.  The horse was a retired cutting horse who, although a bit sway-backed and a bit arthritic, could still do a 180-degree turn on a dime at the touch of the reins on her neck, and could leave an unsuspecting rider still going in a straight line, sans horse.

(A few weeks later, I was back at my friend’s house and his oldest daughter asked me, “Steve, is that horse really 21?”  I didn’t know where this conversation was going, so I answered carefully, “No, I don’t think she’s quite that old.”  “Well, Daddy said she’s old enough to vote.”)

I didn’t get to ride all that much, but I learned by watching and listening.  Boy, did Dwain like to talk.  He taught me how to saddle a horse, the proper way to tie a cinch, the uses of different kinds of bits and different kinds of shoes, how to approach a horse, what not to do around a horse, how to clean their feet, how to cool them off and groom them after riding, what do to if the horse had the heaves or the colic, what a “cribber” was, how to tell a horse from a mare by looking at their head, instead of underneath.

**

After I was maybe 12 or so, Rick and I had no more set visitation schedule.  We didn’t want to see him all that often.  So we were allowed to go when we wanted.  I would visit regularly for a while, he would turn ugly for no apparent reason, and I wouldn’t go back again for weeks or months.

During my visits, he seldom had any real time to give me; he was always working on one project or another.  But if he was in a good mood, he would allow me to tag along and would explain why he was doing each step: why the fence post had to be set this way, why he put old rugs down over the fresh concrete and wet them down while it cured, why you planted the new tomato plants so deep and why you didn’t do it that way with flowers.

Then, in his 50’s, it was airplanes.

“I should have known,” Gerri, his fourth wife said drily, “that if he got one airplane he would eventually have two.”  He started with a two-seater (no idea what kind – that’s outside my area of expertise, and I wasn’t keeping notes in those days) and then added a four-seater.

Ground school, flight school, instrument flying, the mnemonic “May I Go Flying Today, Peter Rabbit, Sir?”  I heard it all.  Look at this: take this strip of paper and blow over the top.  See?  It’s the wind on top of the wing and the low-pressure area underneath the wing that gives the lift.  He was so eager to explain and to share.  I was so eager to fly.  I had always wanted to fly, but was having trouble enough paying for college, let alone a minimum of 40 hours of flying lessons, pre-solo, at 50 bucks a pop.  I ate it up.

However, like the horses, who always had an excuse for not being saddled up, the airplanes always seemed to have an excuse for not being flown – at least when I was around.  Gas was expensive.  100-hour maintenance was coming up.  He didn’t have time.  “You don’t come out here to see me?  You only come for me to take you flying?”

But still.  Credit him for doing it at all.

I went up with him two or three times in the two-seater, so he could show off his new skills.  Once, or maybe twice, in the four-seater.  Airplane fuel was expensive.  Today, I would pull out my wallet in mock disgust and say, “For Crissake, don’t be so goddamned cheap!  Here’s a hundred bucks for gas.  Let’s go flying.”  Then, all I could do was think Why don’t you sell the goddamned thing if you can’t afford to fly it?

**

In the late 1960s (Dwain’s 50’s) he also became a nutcase.

Perhaps that’s not wholly accurate.  Nutcase?  OK.  Age?  Maybe it started almost 20 years earlier.

When we lived on 22d Street, the neighbors behind us were Gertrude and George, sister and brother-in-law of Dwain’s fourth wife many years later.  George was a deputy sheriff for Oklahoma County who earned extra money on weekends by driving prisoners from the Oklahoma County Jail to the Oklahoma State Penitentiary at McAlester.  Good money, too.  The rules were that there had to be two deputies for each transport, for safety.  The transport was private automobile: George’s.  So two deputies sat up front and three handcuffed prisoners sat in back.

On many weekends, no sworn deputies were interested in the overtime, and George could deputize any respectable citizen to accompany him.  That’s where Dwain came in.  Pretty good money for pretty easy work.

But on one ill-fated trip, another car cut in front of the prisoner transport on the two-lane road, and George’s car swerved, went off an embankment and overturned.  With no seat-belts, some of the passengers were trapped in the car and some were ejected.

Dwain was stuck in the car until a stranger, dressed all in black, carefully pulled him out (he had several broken ribs), carried him to the slope of the embankment, gently took off his jacket, folded it for a pillow and made Dwain comfortable.  The stranger then left, without waiting to be thanked.

None of the other four passengers – neither George nor the three prisoners – saw any of this.  To a man, they swore there was no stranger.  It never happened.

The experience bothered Dwain so much that he went to church with Mildred for…oh, three or four weeks.  To this day, he swears by the stranger in black.

*

Years later, he began reading, and then collecting, all the printed works by and about Edgar Cayce, the mystic psychic who read minds, diagnosed and cured illnesses from thousands of miles away, connected daily with the Godhead, explained Atlantis and who could cure anything from heartburn, hangnails and halitosis to fits, farts and freckles.

Dwain had treatises explaining that the Earth was hollow, shaped like a donut, and that a superior species, the descendants of Atlantis, lived in the interior.  The “proof” was in Admiral Byrd’s journals of flying over the North Pole.  UFO’s in New Mexico?  He had the proof.  Where he got this stuff, I don’t know, but he had piles of self-published pamphlets on every mystical, mysterious or paranormal phenomenon imaginable.  No doubt he could have dug through the piles and come up with articles explaining the disappearance of Judge Crater and Jimmy Hoffa.

It’s a shame he never came to California to learn about the Lemurians, from the lost Pacific continent of Lemur, who live inside Mt. Shasta and who are occasionally seen by those brave enough to try to climb it.  I actually know one.  (One such brave soul, that is; I didn’t meet the Lemurian – he did.)

American Kennel Club Nazi Eugenics

…or “I’m going to be sued any day now.”

A very personal story

Dog breeders are an irresponsible bunch, always breeding for the wrong traits.

Take border collies, for instance.  They’re among the smartest dogs around, primarily because they’re a newly recognized breed by the American Kennel Club.

Let the AKC recognize a breed of dogs and they’re immediately bred for “show” traits, without respect to what made the breed different and interesting in the first place.  Take a water dog like the poodle and start breeding it only for looks and in only a few generations you have a useless – but pretty – dog.  Take a working dog like the Irish Setter and start breeding it to show in the ring and you’ve turned a calm, smart, well-behaved dog into a neurotic mess.

Take collies, who used to be working dogs.  Ruined.  Take German Shepherds.  Ruined.  Take schnauzers.  Ruined.  Take Gordon shepherds, English shepherds, Irish wolfhounds.  Ruined, ruined, ruined.  The traits that made these dogs valuable as working dogs or as pets have gone by the wayside in favor of withers height, muzzle shape, coat length, color and density and general prettiness.

Less than ten years ago, the AKC was debating whether to “recognize” border collies as an accepted breed.  “Please, please, please,” begged the responsible owners and breeders of border collies.  “Don’t recognize them.  You’ll ruin them.”

But the AKC, voracious for registration fees for every newborn pup from registered parents – and for advertising dollars from its annual Westminster Kennel Club dog-and-pony show – wouldn’t listen.  “Another new breed?” the elderly New England bachelors and crones bay with ears perked up and tails wagging.  “And we get how many dollars for each new registered pup?  Open the gates and let ‘em in!”

You could call them Stepford Dogs, and nothing illustrates this name better than the nasal-sounding fellow who narrates the Westminster Kennel Club’s annual televised beauty show.  He’s been announcing these shows since Dick Clark was too young to dance on “American Bandstand” and his voice hasn’t changed a bit.

Long after I’m gone, this guy will still be droning on television, “The Bernese mountain dog is an ancient breed, loyal and faithful…The komandor is an ancient breed, loyal and faithful…The dachshund, or dachl, is an ancient breed, loyal and faithful…”

*

I currently have two Dalmatians – my sixth and seventh in the last 20 years.  The Dalmatian is an ancient breed, loyal and faithful.  And severely damaged by the AKC’s breeding standards.

The Dalmatian has never been what you might call a “working” dog, like collies and shepherds, or a “sporting” dog, like retrievers and setters.  Its only usefulness was to keep the horses calm.  Originally bred as coaching dogs, the Dal seems to have a particular affinity for horses, can run for miles beside the coach horses and used to sleep with them at night.  Back when fire engines were pulled by horses, they became a favorite of firemen and have been identified with firemen ever since.

But they’re a bit skittish, a bundle of energy, stubborn, excitable and extremely smart.  In fact, they’re generally smarter than their owners, and if they’re not highly trained or if they don’t get enough exercise, they can be a double handful.  All of my Dalmatians have been so wily and mischievous that I firmly believe if they only had opposable thumbs there wouldn’t be any trouble they couldn’t get themselves into.  They’re a marvelous breed, but certainly not for everybody.

*

So when you take this personality and begin breeding only for certain characteristics without regard to temperament, you’re asking for trouble.  A number of years ago, there was an attempt to breed miniature Dalmatians, a project that ended in disaster because the dogs chosen as breeders were chosen for size only, without regard to temperament.  In just a few generations, this experiment produced a pool of smaller, but wholly unmanageable, dogs.

But the breeding practices of the AKC are not significantly better.  AKC breeders strive for perfectly round, well-separated spots, each about the size of a fifty-cent piece.  The eyelids must be rimmed in black, all the way around, like a fashion model with freshly applied eyeliner.  Spots all running together are frowned upon and a “patch,” or solid black ear, is a definite no-no.

But Dalmatians also have a couple of genetic faults that the AKC totally ignores.  They tend to have high uric acid, due to a missing gene, which can easily cause kidney stones, and they are prone to deafness in one or both ears.

Responsible breeders – if there are such things – now have all of their newborn pups tested for hearing, a procedure which involves sticking electrodes under the skin on their heads, pulsing signals through the needles and feeding the results into a computer-like machine.  The AKC’s sole bow toward eliminating deafness in Dals is to refuse to register any pups who are deaf in either or both ears.

But that doesn’t eliminate the carriers of the defect, and there seems to be a connection between deafness and other physical characteristics.  Some studies have shown that dogs with “patches” are less prone to deafness than those showing perfect spot patterns.  Still, however, a dog with a patch would never win a competition, nor even be bred by those breeders hewing to AKC standards.

*

The latest program, called the Dalmatian Heritage Project, has tried to introduce a low-acid gene into the breed.  Eight or nine generations ago, a Dalmatian bitch was bred to a pointer and about half of the resulting litter carried the low-acid gene.  The pups without the gene were sold as pets and the rest kept for breeding with the help of a volunteer bunch of breeder-caretakers and puppy raisers, much like the breeding programs of Guide Dogs for the Blind and Canine Companions for Independence.

No more pointer blood was introduced into the line and the descendants of the original litter have been bred only with pure-blood Dalmatians.  Thus, the first litter would have been 50% Dalmatian, the second generation 75% Dalmatian, the third generation 87.5% Dalmatian and so on.  By the eighth generation, these dogs are more than 99.6% Dalmatian.

But the AKC still won’t recognize them.  They’re not “purebred.”

*

Marianne and I became involved with the project because of our great interest in the breed.  And I admit that it sounded like a marvelous deal at first.  Its web site, www.dalmatianheritage.com, paints a glowing picture of its lofty goals, explains the genetic problems and proposed solutions in both technical and non-technical terms and is full of pictures of happy families with their cute Dalmatian puppies.

But the Dalmatian Heritage Project has distinct problems of its own, some similar to the “miniature Dalmatian” attempt and some simply a matter of believability.  Its literature claims that

We select parent dogs from among those that have the best chance of producing puppies that:

1. Have normal urinary metabolism
2. Have normal hearing
3. Are friendly and confident

However, one of these statements is false, one is misleading and only one has any validity.

The project is producing Dals with normal uric acid levels.  But its program for breeding dogs with normal hearing is exactly the same as the AKC, and could have been drafted by any middle-school science student: don’t breed dogs that are unilaterally or bilaterally deaf.

I suppose that makes a bit of sense, but I wouldn’t pat myself on the back for having thought of it.

It is claim No. 3, above, however, that is the sheerest advertising hype, as Marianne and I know first-hand.

*

What we didn’t know in the beginning was that internal politics – and, very probably, a disagreement over the direction the project was taking – had led to all of the original committee members and consultants dropping out.  The project was left with but a skeleton staff – some say a staff of only one, housed temporarily on an acre of land in Hayward, California.

Denise Howell, the project coordinator, was having trouble placing the last female from her most recent litter, a bitch that was destined to be a breeder.  She described the dog as “a difficult puppy” and we agreed to provide a foster home for her until a permanent home could be found.

I fell in love immediately and couldn’t bear to part with her, so we agreed to co-own her with Denise, to breed her and to help place her puppies.  We named her Bonnie Chuck, after my two closest friends, who had both recently died of cancer within weeks of each other.

Bonnie didn’t give us any problems at first, but her first and only litter did.  Even at six and eight weeks, three of her eight pups were exhibiting fairly severe fear issues, which were confirmed when we had their temperaments tested by a highly skilled doggie shrink.  According to the owners with whom we placed them, they have never overcome these innate tendencies.  The problem seemed so serious that we all agreed Bonnie would have no more litters.

When Bonnie began demonstrating her own wacko behavior, we remembered what Denise had told us a couple of years before: “We’re breeding for low uric acid first and will breed for temperament later.”

So much for the claim of “friendly and confident” puppies.

It started with a fear of reflections – of windows, skylights and even clock faces.  And it went from an easy acceptance of other dogs to outright hostility.  She turned her back on Brendan Mahoney, the 90-pound Labrador that had practically raised her and with whom she always used to sleep, and gradually wouldn’t have anything to do with him.

After Bonnie attacked my mother-in-law’s small dog twice, attacked a visiting eight-week-old puppy, started snapping and snarling at our other dogs, ripped a two-inch gash in Brendan’s cheek in a scuffle over a bone, caused us $1,700 in vet bills when she escaped and mauled a cat, bit a young boy and finally snapped at my face for no apparent reason…we decided enough was enough.  The dog is a danger to the public.

Marianne e-mailed Denise that we were planning to have Bonnie euthanized (even though it was breaking our hearts to come to this decision.)  Denise wrote to us demanding that we return Bonnie to her, pursuant to the contract we had signed when we adopted her.  I wrote back to Denise that giving Bonnie back to her was not an option.  Get an attorney, lady.

In the meantime, we’ve postponed sending my baby over the “rainbow bridge” in favor of more testing and further soul searching.

And that’s where we stand.  Awaiting more expert information and advice on Bonnie.  Awaiting the process server with the lawsuit filed by Denise.  Awaiting another dangerous incident…