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High cost of fines: Lawbreakers hit with long list of added charges
Monterey County Herald ^ | 05/31/2009 | LARRY PARSONS

Posted on 05/31/2009 11:21:08 AM PDT by atomic_dog

John Schiffeler, a 68-year-old retired university instructor on ancient China, was walking his dog on a popular beach south of Carmel earlier this month.

And, though he didn't know it, he was about to learn something disconcerting about the higher costs of modern life.

Schiffeler recalls that the north end of Monastery Beach was almost deserted, except for himself, his 4-year-old German shepherd, Ares, and a couple.

He asked the couple if they would mind if he let Ares off his 30-foot retractable leash. They said no problem.

And Schiffeler broke the law: Dogs are supposed to be on a leash at the beach.

After a five-minute run, the dog was lying at Schiffeler's feet when a park ranger drove up in a pickup. She asked for his driver's license. Schiffeler said he asked her if she could give him a warning this time and skip the ticket. No, she said.

He wondered what it was going to cost. The ranger told him to call the court.

Which he did a few days after the May 5 incident, and what he learned set his head spinning.

The base fine for having the dog on the beach without a leash was $50. The total cost of clearing the ticket would be $245.

"I was flabbergasted. It seemed like I'm paying for every fund in the county, except for the coffee fund in the county employees' lounge," Schiffeler said last week.

He couldn't understand why his total penalty would be almost 500 percent the amount of the basic fine. He thought $50 was a reasonable fine for breaking the leash law.

But $245 — well, he said, "That is a lot of money."

He went to the Marina court, spoke to a court worker and received an itemized printout of how his $245 would be split among 16 local and state funds.

His money would go into pots of money for DNA and fingerprint identification systems, courthouse construction and security, police and prison guard training, emergency medical programs, driver training and witness assistance, among other things.

"I'm supposed to pay a portion of all these things tagged onto a dog fine?" he asked the court worker.

And he's still asking.

In the end, Schiffeler figures he'll write a letter to the court expressing his displeasure and then "fall at the mercy of the court."

But he's far from happy to learn what almost anyone who has received a traffic ticket in recent years has realized in the pit of his or her wallet.

Evolving system

During the past 20 years, the state Legislature and various governors have approved a dizzying menu of penalties, assessments, surcharges and other extra fees onto base fines for traffic tickets and other offenses punishable as infractions or misdemeanors.

"It's simply been evolving," said Philip Carrizosa, administrative spokesman for the Judicial Council of California, the agency that runs courts in California.

The added charges started in the late 1960s in California, when the Legislature tacked the first assessment onto traffic tickets to help finance drivers' education school programs. Since then, many more have been added.

"Various groups — the justice system, the counties, courts and cities — have needs," Carrizosa said.

Without opposition, a succession of state legislatures and governors have signed laws adding more fees. Now the added charges typically supersize the cost of a traffic ticket or other infractions by 200 percent to 500 percent.

On the Kern County courts Web site, people learn that traffic tickets will cost almost three times the amount of their base fines. In San Luis Obispo County, a $20 ticket will end up costing $141.

And the San Luis Obispo County Web site says starting this year there is a $25 charge for each "proof of correction" on a motor-vehicle fix-it ticket. It used to be a single $10 charge, but state law changed Jan. 1.

In Monterey County, court officials are preparing to post on their Web site similar explanatory information about the rising costs of fines and penalty charges. Now the Web site only offers the 2009 version of the statewide schedule of fines and penalties, which doesn't take into account local surcharges.

"The only thing we can say to people who are concerned is for them to contact their state legislator," said Minnie Monarque, operations director for Monterey County Superior Court. "The trial courts are required to follow the law. They are not responsible for creating these laws."

A 2006 legislative study found there were 16 separate state laws that set up the array of fines, fees, forfeitures and other charges. The money collected by courts in California can wind up in almost 270 separate revenue streams, the study said.

Carrizosa, who isn't aware of any opposition being raised over the years to the added charges, said the money doesn't begin to cover the $2 billion annual budget for the state court system, or to finance all the repair work needed in more than 400 courthouse complexes.

The money, he noted, is not just going into the courts, but to "all kinds of entities."

And it hasn't just been folks in Sacramento who have jacked up the cost of a ticket. State voters, in 2004, approved a ballot measure increasing penalties to help finance local and state DNA and palm-print identification systems.

Under the radar

The slow explosion of charges for traffic tickets and other minor offenses hasn't caught the attention of major anti-tax groups or government watchdog groups.

"We have not looked at that issue," said Dave Kline, spokesman for the California Taxpayers' Association. "We're more focused on straight taxes and tax-like fees."

The fact that there is "some alleged lawbreaking" in the basic offense — unlike non-court related taxes and charges — would make it more difficult to lobby the Legislature against the added fees, he said.

But the soaring fees don't surprise the taxpayers' group spokesman.

"We have seen many instances of fees and surcharges and other sorts of things being added to things," Kline said. "We would hope for more transparency on these and other types of assessments."

As for Schiffeler, the whole episode touched a couple of nerves — one that left him burned up about the $245 and another that left him remembering simpler times.

"Perhaps, I'm living too much in the past," he said. "But I've learned my lesson. As a result of that unfortunate incident I haven't been back to that particular beach.

"I wish I could let dogs do what dogs do, but I can't," he said.

He still believes his three-figure fine is more evidence that "we Californians are paying very high taxes. There comes a point."

Supersizing that ticket A $50 ticket for allowing your dog to go unleashed on a beach where leashes are required will wind up costing you $245 in Monterey County courts. Here's a breakdown on where your $245 will go: $50: The citing agency (city, county or state) $50: State penalty assessment, which is split among the county and several state funds: the Fish and Game Preservation Fund, Restitution Fund, Peace Officers Training Fund, Corrections Training Fund, Local Prosecutors and Public Defenders Fund, Victim Witness Assistance Fund, Traumatic Brain Injury Fund and Driver Training Fund. $25: State court construction. $5: County DNA identification fund. $5: State DNA identification fund. $12.50: County criminal justice facilities construction. $10: County courthouse construction. $20: County emergency medical services. $2.50: County automated fingerprint retrieval system. $10: State general fund. $20: Courthouse security. $20: "Conviction assessment" to support court operations. 2 percent of total, in this case $3.60, goes to a state fund to help automate court systems. Source: Monterey County Superior Court; California Research Bureau


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: bureaucracy; courts; government
Welcome to California, owned and operated by the Democrat Party
1 posted on 05/31/2009 11:21:08 AM PDT by atomic_dog
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To: atomic_dog
Geeze....simple....give them a phoney name and address.
2 posted on 05/31/2009 11:23:27 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: atomic_dog

It’s not just California, there is too much government everywhere.


3 posted on 05/31/2009 11:24:10 AM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: atomic_dog
And Schiffeler broke the law: Dogs are supposed to be on a leash at the beach.

Pay the fine, no one wants to step in your dog's shi*.

4 posted on 05/31/2009 11:24:58 AM PDT by org.whodat
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To: atomic_dog

A college professor? A dog named Ayers? And he probably sees no connection with being a liberal and the liberal taking of large amounts of property (money) for relatively minor infractions?


5 posted on 05/31/2009 11:25:04 AM PDT by MIchaelTArchangel
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To: Gay State Conservative

? You advocate becoming a lawbreaker over an admittedly unreasonable fine?


6 posted on 05/31/2009 11:27:08 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: atomic_dog

Why does anyone who actually works still live in CA? beautiful state but full of lunatics.

Then again, please keep your lunatics, we don’t want them to move here.


7 posted on 05/31/2009 11:27:16 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: atomic_dog
For sure this is the way it is and it will get worse.

I happen to live near Fullerton CA, a city that as a matter of policy uses traffic violations as a major source of revenue. Drive through Fullerton and you will see motorcycle cops all over the place just parked and watching. They tend to park where violations are common and they pick off their victims with ease. Of course I don't drive through Fullerton anymore. I don't go to any of the stores in Fullerton that I used to frequent so it could be that things have changed. I'm sure they've changed for the merchants who now have lower revenue and lower incomes but I doubt if the traffic cops have lowered their revenue raising goals by a dime.

8 posted on 05/31/2009 11:27:59 AM PDT by InterceptPoint
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To: org.whodat

there ya go again, with that sparklin debate technique.


9 posted on 05/31/2009 11:28:05 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: atomic_dog

In Chicago, city inspectors are visiting retail outlets two or three times a month- for the sole purpose of finding violations, issuing fines and garnering revenue.


10 posted on 05/31/2009 11:28:43 AM PDT by Krankor
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To: atomic_dog

From now until the city and state governments are solvent again, I will be driving about 5 miles an hour under the limit. These taxes are volumtary too.


11 posted on 05/31/2009 11:28:56 AM PDT by Vince Ferrer
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To: atomic_dog

He was being kind to his dog, keeping him happy. The $245 in fines is nothing compared to what he’d have to pay the doggy psychoanalyst to treat his depressed and neurotic dog. These days people think nothing of dropping a hundred here and a hundred there on doggy treats and doggy care and doggy health insurance and doggy psychiatry.

No?


12 posted on 05/31/2009 11:30:17 AM PDT by Houghton M.
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To: Drango
? You advocate becoming a lawbreaker over an admittedly unreasonable fine?

In a case like that I wouldn't have the *slightest* problem with giving a fake name and address.But before you judge you must remember that I'm from Massachusetts where cops are nothing more than....and nothing less that...armed tax collectors.

13 posted on 05/31/2009 11:31:36 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: org.whodat
Pay the fine, no one wants to step in your dog's shi*.

I walk my dog every evening on a leash. He still craps. Wonder what's wrong with him?

14 posted on 05/31/2009 11:32:12 AM PDT by Glenn (Free Venezuela!)
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To: atomic_dog

Have we had enough yet?


15 posted on 05/31/2009 11:32:27 AM PDT by ex91B10 (The only response now is mass armed resistance.)
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To: Gay State Conservative
Geeze....simple....give them a phoney name and address.

I tried that, and it didn't work out too well.

I stole an ID from an illegal immigrant, but when I gave it to the cop, it turns out I had only stolen my own ID back. *<];-')

16 posted on 05/31/2009 11:33:30 AM PDT by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: atomic_dog

He’s lucky to not have had his dog impounded permanently.


17 posted on 05/31/2009 11:34:09 AM PDT by Paladin2 (Big Ears + Big Spending --> BigEarMarx, the man behind TOTUS)
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To: org.whodat

Are you implying that dogs on a leash don’t crap???


18 posted on 05/31/2009 11:35:50 AM PDT by supermop (Somebody has to clean up the mess he will leave)
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To: Drango

I think a major reason for this kind of thing is that they write tickets and such all day long for people who are not “traceable” - the vast army of illegals - and where the fines are not “collectible”. When they get a hold of someone who hass too much to lose over not paying the fines, they force him to pay 5 other peoples’ fines. It’s easier than actually correcting the pre-existing problem, So, yeah, I’d go along with lying to them whenever possible.


19 posted on 05/31/2009 11:37:34 AM PDT by Emmett McCarthy
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Comment #20 Removed by Moderator

To: Vince Ferrer
From now until the city and state governments are solvent again, I will be driving about 5 miles an hour under the limit.

"Yee-HAW! $100 + fees for "Impeding Traffic" by driving slower than conditions warrant! Woo-hoo! I hardly ever get to write one of these," says first cop to see you.

21 posted on 05/31/2009 11:41:06 AM PDT by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: driftdiver
Cannot sell the house in CA. When we moved here 19 years ago California was still a good place on the whole. Now, with the advent of motor-voter and all the illegals voting, this place has become a dump. So sad. It is gorgeous here but the quality of life just keeps plummeting.
22 posted on 05/31/2009 11:43:26 AM PDT by originalbuckeye
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To: atomic_dog

He should tell them he can’t pay and that he requests to be taken to jail.

Then the jail will have to pay for food and lodging.


23 posted on 05/31/2009 11:44:04 AM PDT by Chewbacca (Buy gold and silver coins to profit from the coming dollar melt down!)
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To: balls; org.whodat

org.whodat, as I am discovering, is another of those bizarre lovers of the administrative apparatus of the State who style themselves as “conservatives.” The world is a better place in his mind because we have low level adminstrators, inspectors and LEOs to watch each and every move and take a piece out of you to pay for it all. If you didn’t want them looking through your garbage, well the solution is obvious. Don’t have garbage. Don’t have a dog either. Man if you would just die, then the state will stop hassling you and move on to your heirs.


24 posted on 05/31/2009 11:48:50 AM PDT by AndyJackson
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To: ApplegateRanch
"Yee-HAW! $100 + fees for "Impeding Traffic" by driving slower than conditions warrant! Woo-hoo! I hardly ever get to write one of these," says first cop to see you.

Just don't drive 5 mph over the speed limit during rush hour. You could get one ticket for speeding and another one for impeding traffic.

25 posted on 05/31/2009 11:52:50 AM PDT by KarlInOhio (No free man bows to a foreign king.)
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To: driftdiver
Then again, please keep your lunatics, we don’t want them to move here.

I lived there for more than forty years, and my family goes back several generations in California. I remember the Seventies and Eighties, when the lunatics all came there from somewhere else, and were open and proud of that, and joked about it.

If California could have sealed it's borders in the mid Sixties, it'd probably be a solid red state today. I feel for the neighboring states when they complain about 'Californians' moving in and screwing things up the way they did in California. As far as I'm concerned though, most of them were never really Californians to begin with.

26 posted on 05/31/2009 11:57:14 AM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: atomic_dog
Do what the rest of us have done... leave while you still can. Let California sink into the Pacific under its own weight.

I would love to live in the California that I grew up in, but that place doesn't exist, so I left. For that matter I would love to live in the Unites States I grew up in, ...

27 posted on 05/31/2009 11:58:53 AM PDT by D Rider
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To: atomic_dog

This is what I love about Alaska. Regular folks are pretty much left alone. I walk my dog without a leash all the time...while carrying a concealed firearm and nobody bothers me.


28 posted on 05/31/2009 12:02:12 PM PDT by AlaskaErik (I served and protected my country for 31 years. Democrats spent that time trying to destroy it.)
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To: KarlInOhio

Been there, done that...Cleveland asked me to help finance the new Indian’s Stadium some years ago.

10 over the limit, (45 limit on the freeway) while being passed on the right by a school bus, and on the left by a tractor-trailer rig.


29 posted on 05/31/2009 12:02:25 PM PDT by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: Riley

We have lunatics moving out of the North East to Florida. A lot of them are conservative for that region. Here they are raging liberals when compared to conservatives here.

They are bringing their stupid ideas with them.


30 posted on 05/31/2009 12:04:27 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Gay State Conservative
Geeze....simple....give them a phoney name and address.

1060 W. Addison, Chicago, IL.

31 posted on 05/31/2009 12:11:21 PM PDT by Ken H
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To: Riley
my family goes back several generations in California. I remember the Seventies and Eighties, when the lunatics all came there from somewhere else

Bingo. I went to California for graduate school and had a very very good reason for being there at the time. I was amazed at the milieu of ne'er do nothings and ne'er do wells that migrated from somewhere else, all doing " a bit of this and a bit of that" and asking me how much I liked it there. Then as I met actual native Californians I discovered that they were decent civilized hard working folks, like an old uncle of mine who lived in the real Berkeley back before it became the modern Berkeley. They were also horrified to watch this beautiful place that they had helped build sink into a cess-pool of drifters and grifters.

I don't know whether there is much if any of the old California left any more.

32 posted on 05/31/2009 12:13:44 PM PDT by AndyJackson
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To: Ken H

33 posted on 05/31/2009 12:14:15 PM PDT by dfwgator (1996 2006 2008 - Good Things Come in Threes)
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To: MIchaelTArchangel
A dog named Ayers?

Nope... Ares.

34 posted on 05/31/2009 12:15:16 PM PDT by Ken H
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To: AndyJackson

There are still holdouts there, a lot of the state outside the LA Basin and the Bay Area are pretty red. They feel like they’ve been run over by the left in state politics, and they have. They soldier on and do their best in spite of it.


35 posted on 05/31/2009 12:18:35 PM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: D Rider
I would love to live in the Unites States I grew up in

I find this entire subject very depressing. As I grow older I understand better and better the views of our founding fathers. The Constitution is a document built on our forefathers profound cynicism about their fellow men built over a lifetime of disillusionment in human nature. Basically I think the idea is to tell folks that they have to make their own decisions and stand and fall with the consequences and not bother other people either way. I honestly think there is nothing wrong with that. Our collective defense seems to bring out the best in us. The American penchant for going through dirty linen and dogcrap is a less flattering side of us that is all too true to form.

George Washington was as fine an executive as this country will ever have.

36 posted on 05/31/2009 12:23:38 PM PDT by AndyJackson
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To: Ken H
Ares
37 posted on 05/31/2009 12:25:56 PM PDT by blam
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To: AndyJackson
I find this entire subject very depressing.

Yup.

As I grow older I understand better and better the views of our founding fathers. The Constitution is a document built on our forefathers profound cynicism about their fellow men built over a lifetime of disillusionment in human nature. Basically I think the idea is to tell folks that they have to make their own decisions and stand and fall with the consequences and not bother other people either way.

So true, unfortunately the nanny state has replaced the federal republic.

38 posted on 05/31/2009 1:06:56 PM PDT by D Rider
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To: atomic_dog
Welcome to Carmel. Here's your parking ticket. If they fired these roaming tax collectors and all the bureaucrats behind the scene that feed off the take, they wouldn't need the revenue in the first place. Unfortunately, the problem is self perpetuating. Hire more meter maids and such so they have to write more tickets to pay themselves.
39 posted on 05/31/2009 1:20:42 PM PDT by paul51 (11 September 2001 - Never forget)
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To: atomic_dog

University professor? Monterey County? Expert on useless Chinese “studies.”

You made your bed, now lie in it....shut up, pay it and quit yer bellyachin’.


40 posted on 05/31/2009 1:23:29 PM PDT by ProtectOurFreedom
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To: Riley
Already happened to us here in Colorado even though we are several states away from CA. When I moved here in 1995, we were a solid Red State along with some ggod Libertarian principles but now we are becoming Blue along with nanny state type of laws.

I feel for the neighboring states when they complain about 'Californians' moving in and screwing things up the way they did in California.
41 posted on 05/31/2009 1:26:21 PM PDT by CORedneck
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To: atomic_dog
And if he hadn't let the dog off its leash, he would've been sued by the Humane Society or PETA for animal cruelty...why do so many in the US still delude themselves that they live in a "free country"?
42 posted on 05/31/2009 2:58:41 PM PDT by Moltke
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To: Moltke
why do so many in the US still delude themselves that they live in a "free country"?

Because they foolishly compare our freedoms to those the rest of the world has.

43 posted on 05/31/2009 3:03:42 PM PDT by Balding_Eagle (Overproduction, one of the top five worries for the American farmer.)
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To: Glenn
In this country the majority are suppose to make the laws and their desires are law. Most people don't want your pet running lose where their kids play. Live with it!!! Are start your own dictatorship!!!
44 posted on 05/31/2009 4:46:52 PM PDT by org.whodat
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To: supermop

Does your user name mean you clean up dog do???


45 posted on 05/31/2009 4:48:34 PM PDT by org.whodat
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To: Balding_Eagle
Because they foolishly compare our freedoms to those the rest of the world has.

So is freedom to be considered a relative term? (I'd hope not.) True enough, there's the RTKBA which is second to none in the western world (probably not to places like Afghanistan, Somalia, Zimbabwe, etc., though), but the article of this topic shows how the state blatently preys on its citizens for a few bucks in very petty matters. And examples like this are, sadly, legion, and do bear heavily on basic day-to-day living. A lot of freedom has been lost.
46 posted on 05/31/2009 5:44:14 PM PDT by Moltke
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To: blam

So, Ares left a dog rocket?


47 posted on 05/31/2009 9:20:21 PM PDT by skepsel
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To: skepsel
"So, Ares left a dog rocket?"

Ares is the dogs name...I thought he may have been named for the rocket. Do you know anything else named Ares?

48 posted on 05/31/2009 9:24:00 PM PDT by blam
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To: blam

Well, there is also Ares, the Greek god of war, Mars to the Romans (unless I have them backwards).


49 posted on 06/01/2009 8:38:41 PM PDT by skepsel
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