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Cohf Halloween
I have already written something about our sabbatical year in Switzerland, 1974-75. Now, having just found quotations from my diary and other notes for the book I intended to write, Turn Back the Clock , I will write a few more sketches. All of these Wengen stories are dedicated, with gratitude and love to my stepfather, Charles F.C. Arensberg, who encouraged me to keep a diary and write about our children’s activities in Switzerland.
In the end of October, our 12 year old daughter, Eva threw a memorable Halloween Party in our little chalet, Muck. (Pronounced /muk/. It means “beloved chalet.”) But while we were “cutting up” in the most outlandish fashion, we were silently mourning the death of our dear Grandfather Charlie, whose funeral was taking place far away in Boston.
We had decided to celebrate Halloween just for ourselves. The children, Eva, aged 12 and Jani, aged 8, figured out their costumes in advance. They also made lots of jack-o-lanterns, ghosts, bats, witches and other eerie things out of colored paper and pens. These they taped up all around the house. At the last moment, Eva decided to invite all the girls in her class to a Halloween Party. This developed as a result of a short essay which she read to the class (in German) explaining what Halloween is all about. As an afterthought, she also invited Gisele (the first person to befriend her, and her younger sister and brother, (“for Jan to play with.”)
At precisely 3 p.m. they all came trouping in, 12 of them, took off their boots and jackets (lots of snow outside, but beautiful sunshine) and filled up our living-room. They had to sit on the floor as there weren’t enough chairs. But they were bubbling with life and animal spirits, and didn’t mind anything. Most of the girls were pretty, some extremely so. Some brought dried flowers or candy for me.
First they changed into their costumes and A. and I judged them: “The prettiest,” “most original,” “funniest,” and “scariest.” The most original were the sisters, Gisele and Rosina, in beautiful authentic old-fashioned, dressy clothes. Gisele was the elegant lady with ostrich feathers in her hat, a fan, black silk shoes and all the trimmings. Rosina, her beau, had a perfectly-tailored cut-away with vest and top hat. (See photo, back row.) (I wondered if it was a midget or a delicate teen-age boy who originally wore such a small suit. I wondered where their mother had found such treasures.)
“The funniest” was Eva’s best friend, Isabelle, who was a “Lazy-bones” with a huge belly. Jani was quite funny as Igor, Dr. Frankenstein’s helper. (They had recently made some taped skits at school using these characters.)
Eva’s costume was “the scariest” although she wasn’t eligible for a prize. A great deal of work obviously went into that costume, which included a hand-made mask and sandals, as well as her purple hooded bathrobe and a couch pillow. She was suppose to be the “Hunchback of Notre Dame.” But at the last moment she remembered that there was a hunch-backed girl in the school. She didn’t want her classmates to think she was making fun of this girl. So, she put the pillow in front, thus looking very pregnant. When she first appeared, with the mask in place, the huge stomach, and an awkward stance, everyone gasped.
Later, we had refreshments (they gobbled up everything in sight), spontaneous songs, and games. We gave out lots of prizes, and everyone seemed to have a good time.
When they were about to leave, Andrzej, who had been a very effective, German-speaking M.C., suggested that they all troupe through the village in costume. Shouts of delight greeted this suggestion. (I’m sure they thought he would lead them.) But instead, Eva did. She returned, freezing, just in time for dinner. It was quite dark by then. She said everyone stared at them and some laughed.
After dinner and homework, A. and I dressed up in our costumes and we took some pictures. I was the Mad Duchess in Alice in Wonderland, louding exclaiming, “Speak roughly to your little boy and beat him when he sneezes!” That’s a tea-cozy on my head. The kids were delighted. I don’t know whether A., with a yellow strainer on his head, was supposed to be our butcher, Herr Gloor or an Air Raid Warden!
We played charades by the fire and had a little “Trick or Treat.” But we were all tired from the big party.
In retrospect, that Halloween party was the ice-breaker leading to Eva’s greater acceptance by her classmates. After that, some of them used the intimate, “du” form of address and the more intimate, “so long!” Eventually, she even saw the inside of a few Swiss homes.
Some of my readers may be thinking how callous we were to celebrate Halloween with such abandon, on the very day of Charlie’s funeral. But, I am sure he would have wanted it that way. By his own life, he taught me that “life goes on.” It was he who encouraged me to keep a diary of this trip, to capture the freshness of each new encounter in this new world, before it grew stale.
One of his last acts was to write (with great difficulty) a letter of encouragement to me.
My Mother said to me in a letter, “I consider myself one of the most fortunate of women, to have lived as his wife for 25 years.”
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In Santa Rosa County last week four individuals from Escambia and Santa Rosa County entered pleas relating to state court charges of RICO, Florida Statute 895.03, which basically means “running a criminal enterprise by a pattern of criminal incidents.” In this particular case, the pattern of criminal activity allegedly occurred over a seven year period and stemmed from using local “models” or actors and actresses primarily from Pensacola as performers in sexually explicit movies. The movies were then uploaded to a website known in cyberspace under the screen name “Ray Guhn.” At it’s peak the website had 5000 subscribers. The only way to access the sight was to pay the $30 per month access fee. The website still exists but has been sold to a new owner. There are 100s of other similar sexually explicit sites as well as many sites which involve “harder core” pornography. I represented the General Manager of the web site. In exchange for pleas the state dropped some of the charges against the defendants and agreed to a range of imprisonment of two to four years for the General Manager and three to five years for the owner of the website. They faced a maximum sentence of 60 years plus but if convicted after trial they may have realistically received sentences ranging from 10 to 20 years.
The prosecutor, by merely by using the RICO statute, made the “Ray Guhn” case much more serious than a “simple” distribution of obscene materials case. Jerome Mooney, Esq., a past president of the First Amendment Lawyer’s Association, represented the owner of the web site. Mr. Mooney stated in a recent article about the case for the Adult Video News Magazine: “there were unique factual aspects of this case which made it different from the traditional obscenity case.” Specifically, in addition to the allegations of distribution of obscene material, the allegations involved a few of the performers claiming they had been provided controlled substances by one or more of the named defendants, that the use of escorts to make these films was legally prostitution and the mere payment of adult to perform sexual acts was a violation of Florida’s prostitution law. Most of these same performers have pending RICO charges alleged against them for their involvement in escorting services in Pensacola that will not be resolved until after the resolution of this case. These witnesses were cooperating with the prosecution in hopes their own sentences would be reduced.
If the case had proceeded to trial, the State would have attempted to offer evidence of numerous bad acts, charged and uncharged, of both my client and the other defendants. RICO carries with it a Level 8 on the Florida Criminal Code Punishment score sheet and enhances what otherwise might be simple misdemeanors to a first degree felony punishable by up to 30 years in state prison. The government would have had to have proven the Racketeering offense is supported by “predicate acts or incidents.” Specifically in the Ray Guhn case those predicate acts were prostitution, distribution of obscene materials and distribution of controlled substances. Because the defendant’s were additionally charged with Conspiracy, a level seven on the Criminal Code Punishment score sheet, to convict any of the defendants all a jury would have had to have found was that anyone one of the four defendants committed two incidents of either obscenity, prostitution or drugs within a five year period of time. A rather simple thing for the government to prove to establish such a serious crime. In exchange for pleas the government agreed to dismiss the conspiracy charges. The owner, who was solely charged with money laundering, entered a plea to that count, which is a Level 9 first degree felony.
It is because of the potential for abuse of the RICO statute, which was modeled after the act originally designed by the U.S. Congress to apply to organized crime under federal law, there are many appellate cases, including cases from the Florida Supreme Court as well as the U.S. Supreme Court, that caution prosecutors not to apply RICO to garden variety criminal undertakings to merely elevate what otherwise are less serious criminal law violations to a first degree felony. This often results cooperation of less culpable defendants who suddenly are facing long prison terms if convicted. Gross v. State, 765 So.2d 39 (Fla.2000), cautions the concept of a “criminal enterprise” is not to be applied to “garden variety criminal undertakings.” Id . at 49 n. 5.
The community in which the obscene materials were to be judged was Escambia, Santa Rosa, Okaloosa and Walton Counties, probably four of the most “conservative” counties in the State of Florida. The case ultimately should have no precedential value on what is or is not considered obscene in the four county area because there was no finding of obscenity by a jury.
In light of the my client and the other defendants sentencing not being scheduled to be heard until August 11, 2008, it is not appropriate or ethical to discuss their case or the government’s case in more detail at this time. This article regarding RICO and the reporting of the pleas in this case will be followed by an article attempting to make sense out of what is or isn’t obscene and what material is legal or illegal to possess. The law establishing the test for obscenity was devised in a 1973 U.S. Supreme Court case Miller v. California , a case decided 35 years ago before anyone thought there would be a community called “cyberspace.” This will be a challenging article to write. Last year I as invited to join the First Amendment Lawyers Association, an organization filled with intellectuls, professors of law and ardent defenders of the First Amendment. Although I am a just a trial lawyer, I have to say that the lawyers associated with this group are some of the best in the country at what they do, that is defend your right to be you and my right to be me.
It’s a shame that the “law” has to restrain consenting adults from performing in amateur adult films. As someone else said, I wonder if the case would have gone over differently if done in a more “liberal” area of Florida, or even north of the Mason-Dixon line.
Very insightful. Thank you for your broad perspective.
In Los Angeles, Federal prosecutors will stop at nothign to lock up those involved in the adult business, trumping up false charges and using laws that are in no way appropriate. Florida apparently is facing the same sort of legal abuses.
The outcome may have been different if it was tried and produced in another county than two extremely conservative locations….will be interesting to see what comes out of it.
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