:UPDATE: The above quote from DA Mark Hurlbert was not reported in full, the full quote is:

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”

EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.

Martin Joel Erzinger, 52, faces two misdemeanor traffic charges stemming from a July 3 incident when he allegedly hit bicyclist Dr. Steven Milo from behind then sped away, according to court documents.

Milo and his attorney, Harold Haddon, are livid about the prosecution’s decision to drop the felony charge. They filed their objection Wednesday afternoon, the day after prosecutors notified Haddon’s office by fax of their decision.

Haddon and Milo say this is a victim’s rights case, that Erzinger’s alleged actions constituted a felony, and that one day is not enough notice.

“The proposed disposition is not appropriate given the shocking nature of of the defendant’s conduct and the debilitating injuries which Dr. Milo has suffered,” Haddon wrote.

As for the one-day notice, Haddon wrote, “One business day is not sufficient notice to allow him to meaningfully participate in this criminal action.”

Milo, 34, is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.

Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.

“He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”

Money manager

Erzinger, an Arrowhead homeowner, is a director in private wealth management at Morgan Stanley Smith Barney in Denver. His biography on Worth.com states that Erzinger is “dedicated to ultra high net worth individuals, their families and foundations.”

Erzinger manages more than $1 billion in assets. He would have to publicly disclose any felony charge within 30 days, according to North American Securities Dealers regulations.

Milo wrote in a letter to District Attorney Mark Hurlbert that the case “has always been about responsibility, not money.”

“Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”

Hurlbert said Thursday that, in part, this case is about the money.

“The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”

Hurlbert said Erzinger is willing to take responsibility and pay restitution.

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”

“We have talked with Mr. Haddon and we had their objections, but ultimately it’s our call,” Hurlbert said.

Dropping the felony charge is not a revelation, Hurlbert said.

“We had been talking with them about this misdemeanor disposition for a while now,” Hurlbert said. “The misdemeanor charges really are what he did.”

Haddon and Hurlbert have squared off before. Haddon was one of Kobe Bryant’s defense attorneys, with lead attorney Pamela Mackey, when Bryant faced sexual assault charges in Eagle County. Hurlbert was the lead prosecutor in that case.

Bicyclist hit from behind

Milo was bicycling eastbound on Highway 6 just east of Miller Ranch Road, when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving. Erzinger fled the scene and was arrested later, police say.

Erzinger allegedly veered onto the side of the road and hit Milo from behind. Milo was thrown to the pavement, while Erzinger struck a culvert and kept driving, according to court documents.

Erzinger drove all the way through Avon, the town’s roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records.

Erzinger told police he was unaware he had hit Milo, court documents say.

When Avon police arrived he was putting a broken side mirror and a bumper in his trunk, court record say.

Meanwhile another motorist, Steven Lay of Eagle, stopped to help Milo and called 911.

Court records say prosecutors expressed skepticism to Milo at a suggestion by Erzinger’s defense attorneys that Erzinger might have unknowingly suffered from sleep apnea, and that might have made him caused him to fall asleep at the wheel and hit Milo.

The original complaint included a felony count against Erzinger for causing serious bodily injury. Deputy DA Mark Brostrom is prosecuting the case and Milo says in court documents that Brostrom called Erzinger’s July 3 actions “egregious.” Prosecutors pleaded the case down to a misdemeanor later in the summer, then in August told Milo and his attorneys that Erzinger would face a felony charge, Haddon wrote.

But on Sept. 7, Brostrom told County Court Judge Katharine Sullivan that the case would be pleaded as a misdemeanor. That’s the first time Milo or his attorneys had heard of it, Haddon wrote, and they protested “in the strongest possible terms,” Haddon wrote.

Related posts

• Oh woe be to Snow (0)
• No One Cares (5)
• New Police Technology (2)

A 15 year project has now created truly synthetic life. That being a 1 million base pair chromosome that can self replicate and which the scientists understand the purpose of each set of DNA information, what it produces, etc.

Not only that but the genetic code includes a watermark which includes direction on how to decode the watermark into English from the base pair sequences, 46 names of people responsible for the genetic code and project, a website address for the organism, and quotations.

This changes the game.

Related posts

• You Are ALL Geeks (0)
• Video: P2P vs. Free Online (4)
• Uncle Chris – Reading is Fun (0)

I want to emphasize: The amount of physical data we receive often exceeds our cognitive abilities to track and organize it.

I have mountains of paper, receipts, rental statements, insurance invoices and payments for both car and home, taxes, property taxes, financial aid documents for my graduate program, software serial numbers, and the list goes on.  It is quite impossible for me to memorize any of this information in a way that is useful, and even file folder organization does not provide a way to organize the information to make finding any one document a simple matter.  A conversion to digital records provides a layer of abstraction that creates a useful way of managing the data.

Digital conversion abstracts my documents into searchable text that can be indexed, searched, and retrieved in an almost limitless number of ways.  A database has no need to have a memory, it can simply query vast numbers of records at a speed which to human perception is instantaneous.  However, this data is fragile.  My vital records are reduced to magnetically stored 1’s and 0’s.  These are not any less fragile than the physical documents, but there is the implication that redundant co-location of this data is necessary so that the information is not lost.  Such a loss would be near devastating if physical records are destroyed.  Previously, if paperwork had become lost, there was some chance of finding it had been misplaced.  Disruption of digital data can mean real total loss of that documentation.

Now examine other parts of life and the many layers of abstraction.  I have a bank account.  There is money in that account, but if I were to ask to see the physical currency backing the amounts in my accounts I would simply be greeted by a number on a screen that was generated from a database.  The majority of that money has come from checks from my property management company, I have records of these checks but the currency they represent is also existent entirely as points in a database.  One misplaced decimal and I can grow by orders of magnitude or have my financial ability crushed.  We are assured that there are rigorous safeguards and audits of data to insure that mistakes do not occur.  In the majority of cases these safeguards and trails of digital records work brilliantly, but errors do occur.  Even one error in a million is a high rate when you consider the billions of transactions that occur daily.

We must begin to ask what the reality of our work, income, accounts, and information is based upon.  We are physical being who increasingly interact with each other through abstractions in data.  To what degree do we know that our digital interactions are with other people?  To what extent are we cruel to data in ways that we would never impose on flesh and blood? 

This is not an exit.

Related posts

• You Must Prepare (0)
• You Are ALL Geeks (0)
• Worth vs. Superiority (4)

If you have ever been a business to business service provider, this should all seem far too familiar.

Related posts

• You Are ALL Geeks (0)
• Who Needed Keys? (0)
• White People Problems (1)

You know… It might be terrifying but it happens to be wild enough to be true.  We respond to points and rewards.  Some people really are working to give us points and rewards for things that are good for us, society, and the planet.  Most are just trying to make a few dollars.  The thing is, this really matters, because behavior can be shaped by series of inconsequential events into very different modes of not just behavior but thinking.

The video may run a bit longer than your attention span, but it is well worth it.

Found at Fox @ Fury via StumbleUpon

Related posts

• Uncle Chris – Reading is Fun (0)
• Synthetic Life Now Real (0)
• You Must Prepare (0)

The solutions was found here – and the post on that site includes screenshots if you need them.  However, here is the text of the fix which should suffice for the majority of people:

This is a fix for slow Zune marketplace on Win 7, I have tested this on my Win 7 64 bit. Marketplace works fine on my Vista 32 bit and xp 32 bit. You can try this for your Vista 64 bit too. You can find users reporting on this forum http://forums.zune.net/2/8/526815/ShowPost.aspx

The Fix
Turn off Automatically detect LAN settings in your IE.
Steps

1. Open IE
2. Click on Tools–> Internet Options
3. Click on “Connections” Tab
4. Click button “Lan Settings”
5. Un-Check ” Automatically detect settings” (this is/was set by default in my Win 7 installation)
6. Restart IE and Zune (if you had it open)

I found an article for slow saving of documents in SharePoint from Windows 7 client and this was the fix and thought these were related.

 

So go forth, and have a blazing fast marketplace, just the way it ought to be!

Related posts

• Monday Music – The Get Out Clause (2)
• You Must Prepare (0)
• You Are ALL Geeks (0)

I am currently pursuing a Ph.D. in Clinical Psychology through Walden University. Right now I am in my first course, which is an introduction to graduate studies in psychology. The course is mostly put in to warm students up to graduate studies. This is probably rather important since the majority of students at Walden have not been students for awhile. However, for someone like me, who has not been out of school very long, it ends up mostly being touchy feely time wasting that has gems of information scattered throughout.

Now as I just said, there are a number of important bits of information scattered in this course. There is a lot of practice in APA style (which I need badly) and a number of development exercises that force us to make a plan for our courses, professional development, and steps to licensure. In between those gems though are thins that are mostly fluff.

Some of the fluff is worthwhile too.

For example, right now we are covering the aspects of scholarly writing. This is includes a couple of video segments that a fifth grader could understand. The best part so far has been the warm up statement which compares/contrasts scholarly writing to things the everyday person has probably written. One thing the speaker in the video brings up is that, “you may have written a note to your child’s teacher…”

Being that I have a mind that thinks in a rather different way from yours, I may be the only person to find a good bit of humor in writing a note to a teacher. I now want to combine the scholarly writing style with all types of usually casual writing. Why simply tell a teacher that your student will be absent on Friday when you can inform them the of the exact reason and a number of important studies that relate to the condition relating to the absence. This is not to poke fun at scholarly writing, but more to make life more enjoyable for people forced to read what I hand them. As such:

Regular Note:

Johnny will be absent Friday.

-Chris

Enhanced Note:

Johnny will be absent Friday. This absence is due to a required visit to the doctor to be inoculated for infectious diseases identified as harmful by the school board (CDC, 2005; SHS, 2009). Any missed work may be forwarded to my home so that negative consequences due to this absence may be mitigated…

Why would anyone use the enhanced note? Because it is fun to use skills you have worked on for years to get quizzical looks from others. Besides, the first sentence is the same, thus within the first two seconds the vital information has been given. Everything after that will give the poor soul on the receiving end a chance to learn and a proper works cited list in order to find your primary source documents.

On a more serious note. Many business documents get far too casual. If you need to write a document for software or policy revisions it will, in reality, benefit your reader to cite source documents and be overly specific. After all, the person reading your recommendations probably does not do your job every day and being very specific will help them understand why the document you have sent to their desk matters rather than just being a vague of a problem you seem to have.

So, for now I am back off to learn to properly cite study notes, video segments, and student forum posts. It may seem inane now, but it will be handy to be in the practice of proper citation once it really matters.

Related posts

• The Bateman File (2)
• Writing Again (0)
• Using BlogDesk to Make Posting Painless (4)

It’s true!  And there’s more!  We will treat you like family. Sure it will be like cheaply bought and rather expendable family, but at least you will save [DOLLARS] on [SERVICE]!

– Advertisement Off –

Have you ever noticed that every company will save you some intermediate amount of money per year if you switch.  Though that is not what they actually state, it sound like it, but the offer is much different.  All of the ads that follow the above format seem to be able to save you big bucks for a simple phone call.  There is a trick in the language though… “People who switched,” is the specific statement they make.

Now, I ask you this. Have you ever decided to switch to a more expensive service?

You may actually have at some point. The odds are low that this is your goal in life though. The American dream doesn’t often embrace the “how much more could I pay for an equitable service” idea. Almost every time any person is switching companies they are either A.) Moving, or B.) have found a better price.

Now that we have that straight, can we go back to commercials that at least attempt to pander to us because the cute mascot or lack thereof is appealing rather than some conjuration of meaningless numbers.

Related posts

• Why Not To Use a Flash (0)
• Project Wonderful (0)
• Monday Music: Papa Roach “Between Angels and Insects” (1)

A more intrinsic part of this question is how do we be whole and broken at the same time. It may seem a paradox, but over time I have found that it is certainly not. A few things that have helped me arrive at the answer below have been reading Zen and the Art of Motorcycle Maintenance (I have read this particular gem three times and have a fourth reading planned), Stranger in a Strange Land, and practicing yoga with my friends and a number of good talk that have followed our weekend sessions.

The most simple answer is this… At this moment we are just as we should be. This may be the most important part of wholeness. We may be able , may even need, to improve but at this moment where are where we should be. It is that acceptance of the self that creates wholeness in my mind. Every fault, break, and problem is accepted because they are a part of every way in which we are a positive and growing being.

A great deal of literature deals with healing. I think healing from the breaks in our life is important, but I also feel we have focused to much on healing. I like to think of psychological healing in much the same way as a broken arm. Once a bone breaks, there is very little you can do about it. In most cases you should probably see a doctor to get some professional help. Even after that though, in everyday life there is not a whole lot you can do. You can avoid anything that will hurt the arm more, keep it safe, and follow doctor’s orders. However, staring at the cast will not speed up the knitting of bone. Personal problems don’t get better under intense scrutiny either. Big problems may need some guidance from a psychologist or therapist but beyond that the best way to heal is to go on living and let the healing take place in its own time and way. Once again I believe this related back into the idea of wholeness above.

At least one commenter on the post from Spinsterella spoke of “surrendering to a higher power.” I prefer to avoid higher powers myself, but there is a great deal of power in this. Some give themselves to God, I give myself to Yoga… Trust me, the parallel will be clear soon.

A big part of yoga is to stop focusing on the conscious self. Becoming one with your breath is not an attempt to get deeper inside ourselves but to free ourselves from thought and become one with something external. It is a gradual elimination of the ego. It is also an elimination of thought. If you picture the brain as a muscle this makes more sense. If you constantly use a muscle it becomes tired, sore, and not very good at doing what it needs to. If we let go of the ego, let go of the constant thoughts about who we are, how we are right now, how we could be better, and all the questions about why we may not be better we take a great deal of tension of that muscle. Then when we need to really apply our ability to reason we have a fresh muscle that produces clear thoughts.

This is the same process in accepting a higher power. We give up our ego to something above us. We accept how we are and that we are as we should be in the eyes of a creator.

All that said, how whole am I? Good question. Some days I am much more at one with myself and accepting of what my wholeness embodies. Other days I could be said to be a fair wreck. I feel that I am getting closer to personal wholeness because even on bad days I am more able to say “and this is where I am today,” without being nearly as critical as I formerly was.

So, focus less on being broken, focus less on being whole, focus less on healing. You are where you are today, you are where you are in this moment. Let the wholeness of that acceptance fill you, and let yourself be empty for it.

Related posts

• Worth vs. Superiority (4)
• What I Need to Say (2)
• Uncle Chris – Reading is Fun (0)

First, the home TV is busted.  It has been that way for a couple of weeks now, and it will persist in such a state for most likely another week while we wait for the repair company to receive the proper parts.  Along with that I recently attempted to upgrade some RAM in my PC, this resulted in a coincidental death of a memory slot on the motherboard. 

I have since ordered a new motherboard (A nice Gigabyte) and have subsequently RMA’d it.  Yep, an RMA on the new board.  It was simply a bad one (the first non-working item i have received from NewEgg).  From the get go it never once posted to BIOS.  The old motherboard does work – minus  some memory – but the effort to get everything back together just to take it apart again is beyond my patience, especially when i have a laptop.

How does this create professional reading?  Because with no TV and no PC games of any sort, I have a great deal of time on my hands.  I also have the motivation of starting a Clinical Psychology Ph.D. program next week, so quite a bit of refresher work is being done.  It would have been hard for me to imagine a couple of years ago that it was possible to forget some of the basics of classical conditioning, but when you travel abroad and across the country for a couple of years doing anything and everything that does not involve your degree, things have a way of slipping out of mind.

Luckily, relearning is much easier.  I have found the amazing ability to get through one hundred of more pages of text books in a day with almost total comprehension.  This should encourage all of you to start rereading things you learned in the past, the feeling of brilliance is a nice perk!

Who knows… I may even get some real updates ready for Sustainable Democracy…  Reading “Stranger in a Strange Land” has certainly given me ample material to think broadly about.  That and the complete lack of news I get is rather refreshing.

So kids, do like Uncle Chris, read more, watch less, make your friends suspect communism may be rearing its ugly head again.

Related posts

• The Face of the Future (0)
• Synthetic Life Now Real (0)
• You Must Prepare (0)