Day 68 - 8/29/21 - Sun
- mainemoviepirate
- 4 days ago
- 3 min read
Journal Entry:
“Slept decent, up at 6:30 AM. HLR drink/meds. Woke up debating the Citizen Kane/Welles/Hearst story and whether I should try to work it into the First Sale Motion? Something like this: History has taught us that sometimes what is ‘right’ in the eyes of the law is not always what is best for society. William Randolph Hearst, a rich media mogul, once offered RKO Pictures one million dollars not to release “Citizen Kane” and destroy the master and all copies. The film’s director, Orson Welles, ‘stole’ a print of the movie and gave it to his colleagues and film critics. The studio was too embarrassed and turned down Hearst and released the film. Many consider Citizen Kane one of the greatest movies ever made. If the ‘law’ had been followed, the movie may have never seen the light of day.
Still on the fence. If I file it myself, I may put it in. Steve will never let it fly.
BRUNCH: Scrambled eggs, biscuit with gravy.
Worked on Journal, Walking Distance, and then dove into motion research. ‘E’ gave me some of his past motions. I kept one to follow the format, since it was a motion for a new trial. I like the motion ‘E’ did himself, concerning his civil case. It began with talking about his defendant's response to his initial complaint; he was suing a former lawyer for stealing funds. E’s response started with: “In a rambling 12 page response, “ His didn’t look like other sample motions he showed me, those done by actual lawyers. But his motion won his appeal, so that says something. I am at the stage now where I am not sure how much case law I have to provide for the Mail Fraud part; it’s kind of common sense. If the copyright infringement is disproven, how can the mail fraud still exist? Maybe I’ll look up ‘error in Indictment’ or something.
SUPPER: The famous Chicken Fried Rice, which has slowly grown on me (at least with drenching it with Asian hot sauce), carrots, bread (reserve).
Went outside and hung out with H.L. Then I watched part of a movie in the dining/TV room: ‘You’re in My Seat’ – The Town. I’ve seen it before. I watched it for about an hour. Will watch it again someday. I really like the cafe/neck tattoo scene. Good tense moment. Went back to the law library. Not a lot of success, but I haven’t found anything that invalidates my claims.”
Notes for Day 68 (Four Years Later)
This entry was a short one, but it demonstrated why getting along with others in Prison is important. ‘E’, the first person I met while I was incarcerated, was still helping me in many ways—not only in prison etiquette, but now assisting in my legal fight.
A great story he told one time, I think back in the SHU, was that every time he went to court, he dressed as best as he could, sometimes wearing very expensive suits. One time, he was in court with his attorney, and the Judge came in, asked them, “Which one of you is the lawyer and which is the defendant?” That to me was classic, and if you knew ‘E’, totally believable.
The entry also shows how I started brainstorming how to "shoehorn" historical and social arguments (Citizen Kane) into the dry mechanics of the law. This effort directly reinforces my core belief that the law often conflicts with societal good, a theme that drives my Copyright Reform advocacy.
Finally, the invaluable legal help I received from 'E'—a successfully appealed motion written by a non-lawyer—is a powerful counter-narrative to the failure of the professional legal system in my own case. It shows that sometimes, the most effective expertise comes from those who have successfully navigated the system from the inside.
Sometimes you make the best friends in the worst places.
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