Terry Trussell - Dixie County Common Law Grand Jury Foreman

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Notorial Dissent
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9376

Post by Notorial Dissent » Sat Apr 01, 2017 11:21 pm

I guess we will have to agree to disagree then. They should have had initial prep and preliminary strategy ready to go, whether the material was filed or not, and if they were waiting on the ROA to start then that was a problem. If they didn't know what they had done, and what they needed to do by that point then they never would. The fact that they waited til all but the last minute to even file the appeal speaks to that.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9377

Post by Sterngard Friegen » Sun Apr 02, 2017 1:21 am

Dear brother Morburger:

PLEASE. TAKE. YOUR. TIME.

Trussell has 7 more years on his sentence, so we're in no hurry.



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Notorial Dissent
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9378

Post by Notorial Dissent » Sun Apr 02, 2017 3:13 am

Sterngard Friegen wrote:Dear brother Morburger:

PLEASE. TAKE. YOUR. TIME.

Trussell has 7 more years on his sentence, so we're in no hurry.
It's not like he's going anywhere with or without your help.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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realist
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9379

Post by realist » Sun Apr 02, 2017 10:57 am

Paul Lentz wrote:I'm sorry, ND, but I could not disagree with you more. The Record on Appeal (ROA) has everything to do with the filing of a proper initial appellant's brief, which is why the FL Rules of Appellate Procedure (FLRAP) do not require (don't even remotely suggest) that the initial appellant's brief be filed until at least 30 days after the filing of the ROA. In fact the FLRAP specifically tolls (stops) the clock for the filing of the initial appellant's brief until after the ROA is filed...it's just that important.
Exactly. :thumbs:

As to the delay by the court reporter, and while I have no idea what took so long to transmit the transcript, and certainly have no explanation as to why the sidebars were not included, I do have an idea what could be at least part of the problem, while stressing I have no idea if it's fact or not.

First, as I've explained several times over the years, transcripts are produced (obviously) in the reporter's "off" time (when they are not in court or if they are a freelancer working for the court on a trial, when they are not taking depositions or hearings, etc. If it's a very busy court (and I have no idea in this case how busy that court is) it would exclusively be nights and weekends for the "official reporter" to produce the transcript. Using myself as an example, with a (approximately 1,300-page transcript, producing the rough (with nothing else on the work agenda) would take roughly 5-7 days. I won't go into all the "dependings" which might affect the length of time involved.

I would then (as each day's rough trial transcript was completed), send it to my proofreader. If my proofer had nothing else to do, it would take roughly the same amount of time to return my rough drafts to me for me to make corrections and produce the final transcript. Perhaps total time of a day or slightly more to make said corrections and the entire transcript is complete in final form. So that's that part.

What would have to happen first, however, before I ever touched on key on my computer to produce the transcript is that the appellant, once the notice was filed, would have to make satisfactory arrangements with me to pay for the transcript. Typically (even if I knew the attorney well and had prior good experience with them) I would demand half of the estimated cost up front, with the balance to be paid upon completion of the transcript and prior to providing the transcript to the appellant. If I didn't know the attorneys prior and had no prior experience with them, I would likely call a reporter or two and find out what their experience was with the attorney and/or law firm prior to deciding what arrangements to make. In some instances I might even wait for the check to clear before beginning. If the check were from a client trust account this should not be a problem but I have had a trust account check for (as I recall) 7k and change bounce. I contacted the attorney immediately and did not receive funds to replace the check within a satisfactory amount of time so I contacted the disciplinary arm of the bar. The attorney did then pay up, but was eventually also suspended for 6 months. So it does happen.

All that said, it is certainly possible that arranging for and paying the reporter "could" have been a portion of the delay. Perhaps all. Perhaps none, but just saying.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9380

Post by bob » Sun Apr 02, 2017 1:21 pm

Notorial Dissent wrote:If they didn't know what they had done, and what they needed to do by that point then they never would.
Except the appellate attorney was not at the trial; reviewing the record is among the first tasks an appellate attorney does. From there flows the strategy.

(Yes, an appellate attorney could watch the video feed, but that is no substitute for having the written record that also will be before the reviewing court.)


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9381

Post by Mary Quite Contrary » Sun Apr 02, 2017 7:16 pm

realist wrote:
Paul Lentz wrote:I'm sorry, ND, but I could not disagree with you more. The Record on Appeal (ROA) has everything to do with the filing of a proper initial appellant's brief, which is why the FL Rules of Appellate Procedure (FLRAP) do not require (don't even remotely suggest) that the initial appellant's brief be filed until at least 30 days after the filing of the ROA. In fact the FLRAP specifically tolls (stops) the clock for the filing of the initial appellant's brief until after the ROA is filed...it's just that important.
Exactly. :thumbs:

:snippity:
:snippity:

All that said, it is certainly possible that arranging for and paying the reporter "could" have been a portion of the delay. Perhaps all. Perhaps none, but just saying.
Can either of you give a (very) rough estimate to what cost would be for the ROA? I really have no idea what kind of figure that would be. I'm just wondering if it is an amount that could hold things up. A few hundred versus thousands would make a world of difference for Marie, I would assume.
Thanks in advance.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9382

Post by Paul Lentz » Sun Apr 02, 2017 9:46 pm

Mary Quite Contrary wrote: Can either of you give a (very) rough estimate to what cost would be for the ROA? I really have no idea what kind of figure that would be. I'm just wondering if it is an amount that could hold things up. A few hundred versus thousands would make a world of difference for Marie, I would assume.
Thanks in advance.
I can't, maybe Realist can. Under the FL rules, production of the full transcript(s) (including sidebars), i.e., the full transcript being what was not ordinarily produced and made a part of the Circuit Court record, is on the appellant's (in this case, Trussell's) dime. And that appellant has to advance at least 50% of the estimated cost, and then provide the balance upon production (prior to the court reporter's filing of their portion of the ROA). So, while some (at least partial) transcripts were already part of the record, some transcripts, and some portions of others, were not.

While many of the larger (and far more wealthy and court-busy) counties in Florida, like Orange County (my home) actually employ court reporters fulltime through the court system (in Orange County, it's not at all unusual for a particular judge to always have the same court reporter in his/her court, literally for years and years), just as Orange County has a far more sophisticated clerk of court database (which can produce a ROA in the space of less that half an hour, even on a lengthy and complex case), Dixie County is not so well endowed. As far as I know, contract court reporters are employed on a case basis for trials in Dixie County, and the court reporting system is not particularly sophisticated (i.e., in Orange County, I can read the transcript of an exchange (including, by the way, a sidebar) right off a screen, within seconds of that exchange, but in Dixie County, the exchange would have to be actually transcribed to be readable to anyone but the court reporter. Of course, a court reporter in Dixie County, being fully competent, could respond to an ordinary in-court request to "read back that question," but they'd be reading it back (generally) from their machine tape, translating the "shorthand.")

Further, the Dixie County Clerk of Courts (Dana Johnson) uses a generic database/docketing system (which almost all small counties in Florida do), which is apparently equipped with far fewer bells and whistles, and is less easily manipulated to produce an ROA than the database/docketing systems in place in the larger (wealthier, busier courts) counties.

Add to that that, since the time of his sentencing, Trussell (via Garcia) has initiated two particular motions (release on bond pending appeal; mistrial due to juror Cannon's nondisclosure), both of which have been the subject of filed separate appeals. The motion for the release on bond pending appeal was the subject of another actual hearing (another transcript); the motion for mistrial was not, but both created more "record on appeal," and could well be causes in the delay of the delivery by the court reporter and the Dixie Clerk (Johnson) of the full ROA to the 1DCA. While it is possible (and acceptable) for the Clerk and court reporter to make an initial filing of the ROA, and then supplement it later with the additional record and transcripts, the fact is that delaying and filing a full and complete ROA is cleaner and easier on everyone.

As Bob points out, appellate attorney Morburger did not attend the trial, and the complete record is essential to his analysis and determination of issues for appeal--not just what errors he might think were made by the judge during the trial, but what issues were properly "preserved for appeal" by Garcia during the trial and most especially (since this is where it more frequently happens) during the sidebars. The fact is that, even if Judge Hankinson made some total and grievous error in his rulings during the trial (he didn't but, just saying "if" he did), if those issues were not properly preserved for appeal by Garcia, they're off the table. Without the full transcripts (including the full sidebars), Morburger only has, so to speak, one element in the recipe for his appellate tuna noodle casserole, and while he may have the tuna, without the noodles, hard-boiled eggs, cans of cream of chicken soup, and a little salt and pepper, all he can produce is a couple of stinkin' cans of tuna.

That said, ND and I do agree that that initial appellant brief should have been drafted and ready to roll by 3/20/17 (when it was first due, and 30 days after the ROA was finally filed), and that the (now two) extension of time requests for that filing are ridiculous.

However, I think we can all agree that, ultimately, with these delays, it's Terry Trussell's ass rotting in prison, so who cares? Apparently not his attorneys.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9383

Post by Whatever4 » Sun Apr 02, 2017 10:48 pm

Hard boiled eggs? :fingerwag: :nope:


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9384

Post by Notorial Dissent » Mon Apr 03, 2017 12:53 am

There is another possibility with the transcripts. The person who took them may have gotten sick or otherwise incapacitated and COULDN'T get to the transcripts in a timely fashion. We had a couple of cases locally where the reporter got quite ill and couldn't get back to their work for some time, and one where she simply refused to do so, and no one else could read her coding, I never did hear how that one turned out.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9385

Post by realist » Mon Apr 03, 2017 9:59 am

Mary Quite Contrary wrote: Can either of you give a (very) rough estimate to what cost would be for the ROA? I really have no idea what kind of figure that would be. I'm just wondering if it is an amount that could hold things up. A few hundred versus thousands would make a world of difference for Marie, I would assume.
Thanks in advance.
Without looking up the rules in the district in FL in which the trial took place, I can't give you an exact amount of the cost of the trial transcript (and I have no idea of the court record produced by the clerk). I can tell you (as an educated estimate) that it would be (at approximately 1,300 pages) in the $5,000-$6,000 range.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9386

Post by Paul Lentz » Mon Apr 03, 2017 10:08 am

Whatever4 wrote:Hard boiled eggs? :fingerwag: :nope:
Off Topic
You make your tuna noodle casserole your way, and I'll make mine my way:

3 cans of tuna, drained
about 1/2 bag of noodles, cooked
1 can of cream of chicken soup
3 eggs, hard boiled, peeled, chopped
1/2 soup can of milk (more or less)
1 stick of celery, finely chopped
1/2 small onion, finely chopped
fresh chopped parsley (a couple of tablespoons, divided)
salt and pepper
crushed white cheddar Cheezit crackers (or you can use Ritz or saltines)

In a casserole dish, mix together the tuna, cooked noodles, soup, celery, onion, half the parsley, salt and pepper to taste. Add milk as needed to achieve a moist but not drippy consistency. Gently stir in the chopped eggs. Adjust seasonings, if needed. Mix the remaining parsley with the crushed crackers, sprinkle on top. Cook at 400 for about 20 to 25 minutes, or until the topping lightly browns.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9387

Post by Orlylicious » Mon Apr 03, 2017 10:36 am

Thanks Realist! Gee, they should have just asked you to do it, I'm sure you would have done it for free for our pal Terry... :lol:

If they couldn't come up with the est $5-6K, could that be the reason Dana was so slow? Or are they not related?

I'm sorry there isn't a way to have low income people be able to get these transcripts at a reduced rate.



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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9388

Post by realist » Mon Apr 03, 2017 11:41 am

Orlylicious wrote:Thanks Realist! Gee, they should have just asked you to do it, I'm sure you would have done it for free for our pal Terry... :lol:

If they couldn't come up with the est $5-6K, could that be the reason Dana was so slow? Or are they not related?

I'm sorry there isn't a way to have low income people be able to get these transcripts at a reduced rate.
As I stated above, it could be a reason the transcript was not filed within the initial required time. No way to know, just another possibility.

Indigent people can get them free. Terry is not indigent. There is, unfortunately, rightly or wrongly, that gap between indigent and can't really afford it that does present a problem for some litigants.

Prices for trial transcripts (both civil and criminal) are set by law. Even if a freelancer (which according to Paul (if one can believe him) would be the case of who the reporter was in Dixie County) reports the trial and produces the transcript, they have to abide by the fees set by law, even if their per-page fee would be different (usually higher).

Now, if you want to ask me the question are the fees for depositions, trials, hearings too high, the answer is unequivocally no. I'm sure that's a surprising revelation. :lol:


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9389

Post by Mary Quite Contrary » Mon Apr 03, 2017 12:30 pm

Okay $5-$6K would be a lot of cash for Marie to come up with. Without really having sympathy for Marie (or TT) she did say that money was tight for her at some hearing (was there a bond hearing?).

Just another check in the "TT sucks category" for putting even more crap on his wife's shoulders. How the heck can she be supporting herself and his appeal on just a pension. Not cool TT. Not cool at all.

Would TT even be able to qualify for a PD for the appeal?


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9390

Post by realist » Tue Apr 04, 2017 1:49 pm

As Paul (can't believe a word he says) Lentz pointed out upthread, Morburger filed this:
03/30/2017 Mot. for Extension of time to file Initial Brief Arthur J. Morburger 0157287


Today there is this little gem:
03/31/2017 Motion for Extension of Time Inger M Garcia 0106917 to file mot for bond reduction and file writ in relation to contempt or the mot in relation to contempt of juror
WTF are these clowns doing? Besides sucking their client dry while he sits in jail, that is. :roll:


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9391

Post by Grumpy Old Guy » Tue Apr 04, 2017 3:00 pm

I wonder if the Trussell family is not convinced that Terry has any chance at all at the appeal level and have told the lawyers to hold off.

For example, to this non lawyer, the best he can get is a new trial, where the prosecution will be more forceful.

Could the state re-try him on those counts where he was acquitted?

Edit: I know it is the defendant's call, but if wife and/or daughter is paying, they might say no more money.



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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9392

Post by Notorial Dissent » Tue Apr 04, 2017 10:49 pm

It may just be me, but I think the stupid runs pretty deep in that family. They are probably tapped out at this point though. All down a rat hole.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9393

Post by Orlylicious » Tue Apr 04, 2017 11:12 pm

His daughter had multiple homes and sounded like she and her husband were doing OK. They may not have any idea what's going on... Terry probably keeps wanting to talk to them and running up the hours. I've thought of sending Marie a link here (her email is easy to find), haven't found the daughter's, wish they knew.



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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9394

Post by realist » Thu Apr 06, 2017 12:02 pm

Docket Update ag FDCoA:
04/05/2017 Deny Init Brf Ext-w/o Prej Refile w/pos of Coun-2D Appellant's motion filed March 30, 2017, for extension of time for service of the initial brief is denied without prejudice to file a proper motion that complies with Florida Rule of Appellate Procedure 9.300(a), by stating that the opposing counsel has been contacted and their position with regard to the motion.
Not only taking forever to do anything resembling a proper and timely appeal, but even when they do something, can't do it correctly. :doh:

The 3/30 Motion for extension was Morburger's.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9395

Post by Dan1100 » Thu Apr 06, 2017 12:08 pm

Grumpy Old Guy wrote:I wonder if the Trussell family is not convinced that Terry has any chance at all at the appeal level and have told the lawyers to hold off.

For example, to this non lawyer, the best he can get is a new trial, where the prosecution will be more forceful.

Could the state re-try him on those counts where he was acquitted?

Edit: I know it is the defendant's call, but if wife and/or daughter is paying, they might say no more money.
No, once you are acquitted, that's it, you can never be prosecuted for that charge again. It would be double jeopardy (real double jeopardy, not pretend Bundy/Hammond double jeopardy).


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9396

Post by Grumpy Old Guy » Thu Apr 06, 2017 1:21 pm

Dan1100 wrote:
Grumpy Old Guy wrote:I wonder if the Trussell family is not convinced that Terry has any chance at all at the appeal level and have told the lawyers to hold off.

For example, to this non lawyer, the best he can get is a new trial, where the prosecution will be more forceful.

Could the state re-try him on those counts where he was acquitted?

Edit: I know it is the defendant's call, but if wife and/or daughter is paying, they might say no more money.
No, once you are acquitted, that's it, you can never be prosecuted for that charge again. It would be double jeopardy (real double jeopardy, not pretend Bundy/Hammond double jeopardy).
I thought so, but wondered vaguely if a new trial would mean a clean slate.



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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9397

Post by Notorial Dissent » Thu Apr 06, 2017 11:25 pm

They can only retry him on the charges he was found guilty on. I really doubt that he/they can afford a new trial, they probably qualify for a PD at this point, which might produce a better result if he'd grow up, but there are a lot of ifs. He'd still have to get a retrial from the Appellate court and at the rate things's are going he'll be out before they even get to hear the case.

On a side note, I really wish I could say I couldn't believe that the appellate attorney had not filed a proper motion, but I'm actually MORE surprised that he even got around to filing anything at all.

My opinion, FWIW, is that both Morsburger and Ingie dingie have now moved well in to the realm of gross malpractice. Neither of them should have ethically been involved in this case, and the plain and simple truth is that they are screwing royally their schmuck of a client. Once by grossly failing to properly represent him, as in not touching the case at all, and then for what they have cost him monetarily and legally.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9398

Post by realist » Fri Apr 07, 2017 3:03 pm

As a reminder, this was posted upthread:
04/05/2017 Deny Init Brf Ext-w/o Prej Refile w/pos of Coun-2D Appellant's motion filed March 30, 2017, for extension of time for service of the initial brief is denied without prejudice to file a proper motion that complies with Florida Rule of Appellate Procedure 9.300(a), by stating that the opposing counsel has been contacted and their position with regard to the motion.
Morburger apparently re-filed. No idea if correctly this time or not.

New Docket Entry FDCoA:
04/06/2017 Mot. for Extension of time to file Initial Brief Arthur J. Morburger 0157287


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9399

Post by Paul Lentz » Fri Apr 07, 2017 7:03 pm

Failing to include a notification of/consultation with opposing counsel prior to filing a renewed motion for extension of time to file the initial appellant's brief (regardless whether the appeal is civil or criminal) is a completely amateur mistake. So amateur that I refuse to believe that it was not deliberate. The initial appellant's brief was due (after the first extension) on 3/31/17. Morburger filed the faulty 2nd motion for extension on 3/30/17--only 1 day prior to the deadline from the 1DCA. It actually never even occurred to me that it would be lacking the proper consultation...honestly, just never imagined that at all.

As I said, I think this action falls into the category of deliberate delaying...while the client rots in prison.

Don't misunderstand me, please. I don't personally care if Terry Trussell rots in prison for a few more years before his appeal is ever heard and then has nothing to show for it but a couple hundred $thousand in legal fees and another 5 years to serve. I'm marginally sorry for his wife, who apparently either didn't know or didn't care what Trussell was up to, but now faces personal and financial hardships. I'm sorry for his daughter, who obviously loves her father; however, having heard the testimony of her husband/Trussell's son-in-law (Dodd) at the sentencing hearing, I feel more confident that, while they will do what they can for Trussell (as well as for Marie), the SIL knows very well that Trussell is a whackjob, and had been for years, but thought he was more blowhard babbler than serious, and the SIL is not going to allow Trussell's situation, however much he might sympathize with the man himself, to bankrupt his family.

There is absolutely no excuse for this sort of unprofessional attorney behavior.


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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

#9400

Post by Orlylicious » Fri Apr 07, 2017 11:47 pm

Rodger B. Dowdell, Jr., whom many will remember was president and chief executive of APC American Power Corporation https://pbn.com/APC-board-grants-2M-to- ... ell,21223/ is still at it in Florida, he posted on his Facebook page:
Rodger FL.JPG
Which links to https://justpaste.it/151ld with surprise mystery guest -- wait for it -- MARK SCHMIDTER!

Notice Dowdell specifically takes credit for writing what Schmidter presents. I'm a bit hurt that Gimmy didn't post in his topic and we had to learn about this third-hand. :(
Mark S.JPG
He doesn't look as fresh as usual, though he does use his famous line "I raised two kids and buried three dogs" which always gets a laugh.
https://www.youtube.com/watch?v=htNCPIh ... e=youtu.be

Cross posted from the Douchette topic, Rodger has played a major role in both of these cases yet is posting cat videos and rainbows on his Facebook page while his friends are in or are going to jail. I'm not kidding.
Rainbow.JPG
https://www.facebook.com/rodger.dowdell
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