September 2007

“September morn, Do you remember how we danced that night away.
Two lovers playing scenes from some romantic play.
September mornings still can make me feel that way! “

These words are from a song written and sung by Neil Diamond. It was a popular song in the 80’s when June and I were dating. I really can’t say that is how I remember ‘September mornings’. During most of my young life September reminded me of only one thing: school. Whether it was grade school, high school, and college or beyond they all began in September. It was recalled because it meant a change in the habits of relaxing to the chore of learning. Admittedly once the school days began to pass it brought the pleasure of friends and leaning – but most of the time it was tough getting back to a routine.

As summer began to end we begin to pack up and leave the breezes of Sea Isle City on the New Jersey shore for the reality of the city streets and buildings of Philadelphia. We walked to school, whether grade school or high school. Today that is the exception, most are driven there. I had the companionship of a brother or sisters. I was surround by sisters in our family. I had three older and two younger, so most of the time I recall only sisters. Except I do recall having to carry my brother John’s books early on in our schooling. In high school I had Gerry Connell, a friend from first grade in grammar school, to walk with me. We parted when we went to college but continued to be friends even until today.

So September ‘morns’ bring back more than memories of “some romantic play”. It is the end of summer except of course in Florida. “In Florida you know what the four seasons really are: almost summer, summer, not summer but feels like summer, and Christmas” (This is a quote from a flyer called ‘Getaway’ advertising the Trade Winds Island Resorts at St. Pete’s Beach.) It is easy to agree with that analysis of Florida weather so we don’t have and ‘end of summer’ here.

September was remembered too because it brought Labor Day, another long weekend. But now Labor Day has receded in our memory due to 911 – the day of infamy in 2001. I still can recall watching the TV screen with June with what we first thought was a movie. It was a great shock to find out it was not! It is now a day of mourning for all those who died. It has become too a political item – a reason supposedly for waging war in Iraq. It seems to me that our waging war in Iraq has given the terrorist ammunition for recruiting new members. They point to the war as another imperialistic unwarranted act of a country, which in doing so ignored all international agreements. The ‘reasons’ given for the war have all be proven to be non existent and have never materialized. We now have the additional problem of with drawing with nothing to show for all the lives lost- except more hatred from most of the Muslim world.

Being in the ‘September’ of my years (at least) it was wonderful news that I need not undergo heart surgery. I want to thank all of you who sent notes, prayed, and let me know of your love and care. I did find out later that the pain in my back is the result of a compressed fracture of the L-1 vertebra. Time is the only healer of such a condition so I have been advised.

Peter Quinn’s novels are heartily recommended. The one entitled “The Hour of the Cat” was a good historical detective story. James Paterson who said it not only was a good story but it made you “think” endorsed it. After reading Peter Quinn’s novel I happened then to read one by Paterson. It was as usual one burst of action every three pages or less. It was called the “Quickie”. I can’t say it made me ‘think’, even though one of the main characters was named Paul, and he was a lawyer! I can say it once again made me marvel and think of the imagination of Mr. Paterson. Along with those books I have finally begun to read “Profiles in Courage” by John F. Kennedy. I have been meaning to do so since it first was published in 1955. Recently I came across an illustrated version of the book at a rummage sale and brought it. The book offers an excellent illustration of President Kennedy’s ability to write. He was a Journalist for a while at the Los Angles Times. It is also worth noting, as it was by his brother Robert in the Forward to the book, that John Kennedy demonstrated courage on many occasions from the Bay of Pigs incident to his overcoming constant back pain to continue to serve others. He was the youngest President in our history to date and he was also the youngest to have been killed in office.

As I noted above, I envy fiction writers their imaginations and their ability to create from them pictures. Yet when I look back on some of my past experiences in the law some are as amazing as fiction. One was meeting as a young lawyer a client-prisoner named Tony Perpiglia. ‘Meeting’ is really not the appropriate word. ‘Binding’ would be better in that I was bound to him by a court appointment. It was a Federal Court petition by him that the court believed was sound enough to have counsel appointed. However, I was not the original one selected, it was Lou McCabe and giant of a defense counsel. But it happened at that time Lou suffered a severe heart problem and could not appear in a courtroom apparently because it would cause a reaction to the heart. He was, at this stage in his career, now writing appeal briefs for the District Attorney Office. Later we learned after investigation that he also had been in the courtroom at the time Tony had been tried. His testimony of the conditions of that trial would have also barred him from being counsel. He testified in Tony’s case in the Judge’s chambers and his testimony was crucial to the court granting Tony’s writ of Habeas Corpus and thus his leaving jail. Tony was tried with seven other defendants en masse. The trial so called, as testified by Lou McCabe, was a ‘circus’. The seven were sentenced for robberies to 50 to l00 years in prison. That all occurred twenty years before this writ which Tony filed after studying the criminal law the whole time he was in prison.

The DA could retry him but had to do so within I believe 90 days. I suggested to Tony that he cooperate with DA as need be until the time for retrial expired. As a result I received a call from Tony or his Mother that he was going reluctantly with two detectives to the Special Investigations Office a bit north of the Center City. The ‘office’ was really a large building and when you entered the ground floor entrance there was a large stairway rising on a curve to the floor above. It was there where the offices were. After the call I went to the building and up the stairs to the office. Tony wasn’t there yet. Meanwhile I started talking to another gentleman waiting there for Tony, I learned he was an FBI agent. After a wait I watched Tony walking up the stairs towards us with a detective on either side. There were no cuffs on him. They stopped in front of me at the top and I asked if they were arresting him. They said “No”. So then like something from a movie I said to Tony let’s go. He turned around and we both walked down the stairs leaving the detective with surprised looks. As we went down the FBI agent came down behind us. He offered us a ride. I said ‘no’ we’ll get a cab. But we found when we got to the street there were no cabs so we accepted his offer. The entire time in the back seat Tony complained, with his favorite four-letter word modifying almost all those he spoke. It was about my suggestion he ‘cooperate’ with F…ing cops (i.e. The DA). His complaints continued the whole ride and he ignored the FBI agent’s request that he go to his office and give him a hand print. Needless to say Tony refused to do so. His request brought some more complaints about my suggestion that he cooperate. Frankly looking back, I don’t think I could have written a better script. The experience appeared more like fiction than reality. (To Be Continued, More Next Time)

The last days of September brings us a happy event. My son Andy will set sail on the ship of Matrimony. The bride is Ann Chwalek and the event will take place in Mexico…not that place south of Texas but in Mexico, New York! We plan to be there to help them celebrate and launch the ship. Until next time, Pax Tecum!