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Posts by armyavonlady

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  • Update to AL amber alert: Mother held as suspect in 5-year-old's death

    12/06/2006 10:58:56 AM PST · 8 of 9
    armyavonlady to AUJenn

    If the local news is to be believed, it was the Amber Alert which led to the vehicle being located. The alert may have been a hoax but it did help law enforcement officers even though the child was already dead.

    I have a difficult time being nonjudgmental of people who kill children. I don't care what drugs you're on or what mental health issues you have on your plate. Murder is murder. I know that isn't very open minded; it's an emotional response.

  • Police: Car in School Bus Crash Had Faulty Steering

    11/28/2006 2:17:33 PM PST · 9 of 13
    armyavonlady to newcthem

    There's been some talk of litigation but I hope it doesn't come to that, naive as that may sound. The bus service was contracted, the school district no doubt has immunities under the law and I suspect it would be hard to argue that the accident was reasonably foreseeable by anyone.

    Time will tell. Alabama law allows plaintiffs' lawyers to advertise on TV so they're easy to find.

  • Police: Car in School Bus Crash Had Faulty Steering

    11/28/2006 1:01:06 PM PST · 7 of 13
    armyavonlady to Past Your Eyes

    Yes, back on topic. Do you mean annual vehicle inspections of privately owned vehicles? If I understood you correctly, the answer to that would be no.

    As unfortunate as this finding is, since there was early talk of horseplay on the part of the car driver, at least there was a mechanical reason for the collision. I'm not saying it was unavoidable but the young driver of the car may have been ill equipped to handle a sudden loss of steering capability.

  • Police: Car in School Bus Crash Had Faulty Steering

    11/28/2006 12:57:33 PM PST · 5 of 13
    armyavonlady to bondjamesbond

    Tubes of camouflage = Army Avon. Been there, worn that. Used to have it in my ears for days...

  • Police: Car in School Bus Crash Had Faulty Steering

    11/28/2006 12:47:08 PM PST · 3 of 13
    armyavonlady to Admin Moderator

    Sorry and thanks. Long-time commenter, first time poster. This is from my own back yard (as in I can see the accident location from my window) and the parent of one of the children who died works in my building.

  • Police: Car in School Bus Crash Had Faulty Steering

    11/28/2006 12:31:46 PM PST · 1 of 13
    So the one person with a seatbelt wasn't wearing it. Hmmm.
  • School bus runs off I-565 in Huntsville; at least 3 dead

    11/21/2006 11:24:16 AM PST · 168 of 181
    armyavonlady to yellow rubber ducky

    We now have reports that a fourth child has died.

    Also, the driver of the car claims there was some type of mechanical malfunction which caused the collision.

    I just hope some good comes of this. That's what Dorothy, Nicole's mother, would want.

  • School bus runs off I-565 in Huntsville; at least 3 dead

    11/20/2006 1:45:04 PM PST · 127 of 181
    armyavonlady to OrangeDaisy

    I haven't heard that yet although I suppose it is possible. I have contacts who will know but will not call them to inquire. This is just to raw for everyone right now and I'll wait like everyone else to hear what the investigation reveals.

  • School bus runs off I-565 in Huntsville; at least 3 dead

    11/20/2006 1:43:11 PM PST · 125 of 181
    armyavonlady to George W. Bush

    I'm not personally in school law but I'm about fifty feet away from the guy who has represented the district for years. I know there will be emotional pleas for greater safety but in the end, people will have to admit that the odds of this happening again are incredibly remote.

    I feel for the students, their families and the emergency personnel. As I wrote earlier, a woman in our building lost her daughter (in parentis) and her heart must surely be broken.

  • School bus runs off I-565 in Huntsville; at least 3 dead

    11/20/2006 12:54:17 PM PST · 118 of 181
    armyavonlady to George W. Bush

    The lack of structural damage to the vehicle is quite amazing, considering the distance it fell. I'll be curious to learn how parents and the school board deal with this. I believe there will be a demand for belts in the buses. How the school district will react will remain to be seen. I say this in a legal context. Let's just say I see counsel for the district at least a dozen times a day.

    Thank goodness more children didn't die. May the justice system deal harshly with the individual whose acts led to the accident.

  • School bus runs off I-565 in Huntsville; at least 3 dead

    11/20/2006 11:40:54 AM PST · 107 of 181
    armyavonlady to gondramB

    This occurred less than a mile from where I work. One of the fatalities, Nichole Ford, was shot in the face by her boyfried two years ago and lived to tell the tale. Her grandmother, who raised her, works in our building. She was always talking about how proud she was. Nichole was going to be the first in the family to get to college.

    Should the investigation show that the accident was caused because a vehicle "cut off" the bus, I truly hope Huntsville's finest can find the SOB.

    Our community is in shock whether we knew the children and their families or not.

  • Caption the photo(Bush and Pelosi)

    11/09/2006 12:30:44 PM PST · 23 of 88
    armyavonlady to meandog

    Oh my gosh. I've heard of a "honey do" list but never a POTUS do list. LOL.

  • NFL tops ABC 9/11 show in ratings

    09/11/2006 2:38:20 PM PDT · 74 of 93
    armyavonlady to AFreeBird

    Ditto, AFreeBird. I wasn't pissed at ABC. I don't need to see a dramatized version of what supposedly caused what was a true American tragedy. I've read the Commission Report. I'd like to think I'm informed (on most days). I had seen a number of well made programs on the Discovery Channel.

    I didn't need any more info or any more spin. Particularly without any interruption at all. I can honor those we lost and honor those who serve for us without being glued to a chair for hours on end and watching someone else's kindasortahistory.

  • NFL tops ABC 9/11 show in ratings

    09/11/2006 12:39:07 PM PDT · 36 of 93
    armyavonlady to Mr. Quarterpanel

    Agree completely with your comments about the Discovery Channel. They did an excellent job. Why would I spend hours watching someone's spin on who to blame? No thanks.

    Between plays in the ball game, I popped over to the CBS program which I had already seen before. At least it portrayed reality.

  • Inmate Who Fell From Jail Bunk Dies

    04/14/2006 9:09:24 AM PDT · 20 of 38
    armyavonlady to ButThreeLeftsDo; oh8eleven

    Interesting article. I had no clue such a condition existed. Absent some form of screening process, I can't imagine how any jail medical personnel could identify this condition.

    And yes, they're still called cells. A pod is a housing unit comprised of multiple cells.

  • "United 93" 15 Days Until The Movie is Released April 28th

    04/13/2006 1:20:31 PM PDT · 105 of 144
    armyavonlady to cyborg

    I watched the A&E movie and thought it was quite well done. I have no intention, however, of seeing this version in a theater while people sit around me munching on popcorn and slurping out of oversized cups. I may buy it if it comes out on DVD so I can watch it in the privacy of my own home and fall apart all over again without an audience and while affording the subject matter the respect it deserves.

  • Police fatally shoot pedestrian on Interstate 5 in Carlsbad

    12/28/2005 2:18:23 PM PST · 55 of 59
    armyavonlady to TheOracleAtLilac

    At the risk of trying to communicate with someone who is predisposed to think law enforcement has nothing better to do than stand around and get paid to do nothing:

    In those three extra hours, they can:
    collect physical evidence
    collect testimonial evidence
    identify witnesses
    take measurements
    take photographs
    secure the scene to ensure it is safe for the general public

    and those are just for starters.

    As a taxpayer, I would think you'd be interested in law enforcement doing all they can to gather information and evidence while the scene is fresh, not to mention ensuring your safety, so that less taxpayer funds are spent on defending a civil suit arising from the incident. Many agencies and muncipalities are insured. Others are self-insured. Regardless, thousands of dollars of YOUR money are spend defending suits brought by incidents just like this.

    If you're so outraged at how long you have to wait, it might be worth your energy to find out how much money is spent in your immediate area defending civil suits against law enforcement officers who are simply doing their jobs. Then you'd really be outraged.

  • Police fatally shoot pedestrian on Interstate 5 in Carlsbad

    12/28/2005 1:56:26 PM PST · 51 of 59
    armyavonlady to TheOracleAtLilac

    "Time won't affect the evidence."

    You're kidding, right?

  • Police fatally shoot pedestrian on Interstate 5 in Carlsbad

    12/28/2005 1:14:47 PM PST · 44 of 59
    armyavonlady to ZULU

    I actually mis-spoke (typed). Our officers are taught to shoot until the threat is gone. Preferably that means that the offender stops shooting/moving. If it means emptying the magazine, so be it.

  • Police fatally shoot pedestrian on Interstate 5 in Carlsbad

    12/28/2005 1:12:53 PM PST · 43 of 59
    armyavonlady to radar101

    Well said. I can't count the number of excessive force suits I've dealt with defending, whether they involved simple injuries or deaths. The more homework done at the scene, the better the agency/municipality is able to defend these incessant civil suits which are inevitably filed.

    Make it harder for people to sue and maybe the inconvenience to the general public wouldn't be as great.

  • Police fatally shoot pedestrian on Interstate 5 in Carlsbad

    12/28/2005 12:53:08 PM PST · 34 of 59
    armyavonlady to ZULU

    Being the vet that I am, I always wondered why civilian law enforcement types don't shoot to injure/disable. Once I began working in civilian law in defense of cops, I learned that's not what they're taught. Each state has it's own standards. In my state ('Bama), cops are taught to defend themselves when it's an me v. him situation. If the person keeps coming, keep firing until the magazine is empty.

    Real life does not equal Hollywood.

  • Man Wins Diabetic Discrimination Suit

    12/16/2005 1:56:15 PM PST · 16 of 20
    armyavonlady to Abathar

    Sounds like his boss made a stupid move (or defense counsel lacked adequate skills.) I dealt with a suit brought by a cop (who obviously carried a gun) who said he was discrimated against because he is diabetic. We ended up winning because a federal judge agreed that his diabetes was not a physical disability which substanitally limited a major life activity.

  • Women in law weigh in on Miers

    10/14/2005 12:34:56 PM PDT · 21 of 110
    armyavonlady to ctdonath2

    I'll be curious to learn what comes of the hearings, but they still won't tell me as Jane Q. Public if she can handle the job. This is a serious oversimplification, but many an employer faced with a problem employee who just can't cut it would no doubt profess that the person had a great resume and interviewed well. Point being, with a wild card, you don't know if the person can handle the job or not - male, female, purple, blue or green.

    As someone who works with the law every day (and must live and die by what the Supremes have to say), I must agree that there had to be better candidates out there somewhere, regardless of what the hearings reveal. It's one thing to practice law. It's yet another to sit on the bench either at the Federal District court level or the appellate level and have to write opinions which will be preserved for all time in the United States Reports.

  • Hurricane relief workers say they witnessed Bourbon St. beating

    10/11/2005 2:31:06 PM PDT · 8 of 16
    armyavonlady to L98Fiero

    I am pro-cop by nature (since I deal with defending them in civil actions), but not this time. Based on the video I saw, these guys were, shall we say, "outside the line and scope" of their duties. I've never seen those head blows in any use of force training I've watched or participated in. And frustration is no excuse for this type of behavior. If they're that stressed by the job, they should find another line of employment which doesn't include impact weapons.

  • New Orleans relaunches "repopulation" campaign

    09/29/2005 2:16:45 PM PDT · 17 of 24
    armyavonlady to newfrpr04

    I wonder if the city attorney has drafted a release every business owner and private individual has to sign in order to return in order to keep them from filing claims or suits for illness, injury, assault, etc.

    I know Nagin is lonely since his family is in Dallas, but this is just stupid.

  • New Orleans Suspends Reopening of City (As Rita Approaches Gulf)

    09/19/2005 2:38:13 PM PDT · 15 of 42
    armyavonlady to syriacus

    Wasn't it Jib-Jab that put out the Bush/Kerry cartoon last year?

    Your lyrics made me laugh out loud, Syriuacus. I say you contact Jib-Jab and tell them you have a greeeeaaat idea.

    The only problem was that my laugh was followed by a return to anger. Nagin is an idiot.

  • Feds, Mayor Disagree Over New Orleans Reopening

    09/19/2005 6:14:31 AM PDT · 8 of 35
    armyavonlady to flixxx

    What a moron.

    Does he think this will cause his former constituents to forget the last three weeks and come running back? I think not.

    I'm involved with helping an extended family get back on its feet after having fled the city. None of them plan to return and have decided to stay here where they're trying to start over. Although they believe parts of the city will be rebuilt and will be safer, their decision is due, in part, to lack of faith in local and state leaders like this idiot.

  • Injustice for almost all

    09/16/2005 12:25:48 PM PDT · 16 of 18
    armyavonlady to SteveBosell

    This particular case had nothing to do with porn. It had to do with enforcing the terms of an earlier legal action related to his access to legal materials. Which should be a clear indicator that this inmate spends lotso time suing people. Nothin' better to do and nothin' but time on his hands.

    I, too, can't believe any respectible counsel even took this case. Wanna know how much the judgment was in favor of the prisoner? Twenty-one dollars. No joke.

    When we deal with these kinds of suits, the inmates always represent themselves because most attorneys have better things to do with their time. Inmates and prisoners do not have a right to have counsel appointed in civil suits, by the way. This one was different because of the earlier case I mentioned and that fact that the terms of the earlier case were being enforced.

    I had a suit by an inmate once who claimed we violated his constitutional rights to practice his religion as a Lakota Indian. And then there was the guy who said we beat him up because he mishandled cheese in the kitchen...

  • Injustice for almost all

    09/16/2005 12:02:10 PM PDT · 10 of 18
    armyavonlady to SteveBosell

    The Boston Globe has its facts all wrong.

    He originally sued to get access to legal materials in a law library, not acess to porn. He reached a written agreement in the original suit. The terms of the agreement stated that if he had to take further legal action to enforce the agreement, his counsel would be entitled to reasonable attorneys fees and costs.

    Don't get me wrong - I hate inmate suits and am on the side of defending them on an ongoing basis.

    The Boston Globe has given this articel an inflammatory title and mis-stated the facts to get people all bent out of shape.

    LSM strikes again.

  • Mississippi Sues To Force Insurance Companies to Pay All Hurricane Damage

    09/15/2005 2:43:43 PM PDT · 65 of 88
    armyavonlady to GarySpFc

    Then the mistake is that of the homeowner and the Attorney General will quickly be shot down and the Pandora's box can close. Hopefully.

    Thanks for sharing the enlightening info, Gary. I deal with civil defense work in a land far away from large bodies of water and had no clue what really transpires between insurors and insureds in that region.

  • Mississippi Sues To Force Insurance Companies to Pay All Hurricane Damage

    09/15/2005 2:00:53 PM PDT · 45 of 88
    armyavonlady to WKB

    I hear there may be an opening just a little ways west pretty soon...wishful thinking on my part that Blanco (aka "I can't make a command decision to save your life, let alone mine), would go bye-bye.

  • Mississippi Sues To Force Insurance Companies to Pay All Hurricane Damage

    09/15/2005 1:31:32 PM PDT · 10 of 88
    armyavonlady to Altair333

    My question would be whether or not the policies even differentiate between "flooding" and "storm surge" in the definitions/exclusions language. I'm no insurance guru but I think it's likely these people believed they would be covered. Perhaps what's at issue is really misrepresentation, a legal argument in the contracts world.

  • Kathleen Blanco: I Should Have Called the Military

    09/15/2005 10:54:09 AM PDT · 47 of 100
    armyavonlady to TypeZoNegative

    No. She had to ask. Original "jurisdiction" for recovery vests in the state, not the feds.

  • Kathleen Blanco: I Should Have Called the Military

    09/15/2005 10:46:31 AM PDT · 37 of 100
    armyavonlady to Bommer
    She should be criminally charged. As the Governor (and I use that title loosely as it applies to her), she's no doubt absolutely immune from civil suits which is a travesty. At the very least, she needs to be removed from office so she can no longer make any decisions (or fail to make them), resulting in death and devastation for so many living things, people and innocent pets included.
  • Do you think New Orleans should be rebuilt?

    09/14/2005 12:01:38 PM PDT · 68 of 81
    armyavonlady to Texas Songwriter

    I kinda like the Atlantis idea.

    Rebuild the port only and do not rebuild the rest of the city. If it is rebuilt, we might as well skip the Atlantis idea and rename it New Target instead of New Orleans. A small cell of zealots (my attempt to be PC) could have a field day with rebuilt levies and retaining walls. This was a cluste___ with notice. Think how many would die with no notice after a terrorist strike.

  • Clueless Gov. Blanco (even Mayor Nagin is dissing her)

    09/07/2005 9:01:03 AM PDT · 37 of 59
    armyavonlady to edcoil

    After which, they should be removed from office and forced to do volunteer work for the Red Cross, Salvation Army and ASPCA, spending at least 6 months with each agency.

    It would never happen, but I liked the thought. They must realize how unfit for public service they are and how many people have died as a result of their acts and omissions. In the event that they are, in fact, as clueless as they seem, many months of public service dealing with those affected might make them understand.

    Shame. Shame. Shame.


    09/07/2005 8:31:02 AM PDT · 81 of 98
    armyavonlady to Who dat?

    Thanks, Who. Interesting read. I do, in fact, learn something new every day. Many things for that matter.


    09/07/2005 7:57:04 AM PDT · 54 of 98
    armyavonlady to cajungirl

    Posse Comitatus Act

    20 Stat. L., 145

    June 18, 1878

    CHAP. 263 - An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.

    SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.

    10 U.S.C. (United States Code) 375

    Sec. 375. Restriction on direct participation by military personnel:

    The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

    18 U.S.C. 1385

    Sec. 1385. Use of Army and Air Force as posse comitatus

    Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of
    Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to
    execute the laws shall be fined under this title or imprisoned not more than two years, or both.

    Editor's Note: The only exemption has to do with nuclear materials (18 U.S.C. 831 (e)


    09/07/2005 7:52:25 AM PDT · 45 of 98
    armyavonlady to angkor

    Thanks for naming it. I knew federal law precluded it, but am ignorant of the basis for that. Time to do some research on that one.


    09/07/2005 7:50:48 AM PDT · 41 of 98
    armyavonlady to cajungirl

    Good question. During a time of crisis, anything is doable, but the local authorities (mayor and governor) have to tell the feds what they need. LTG Horne won't just have his troops start removing people without having been given an order to do so by the CINC (the Prez).

    Someone feel free to correct me if I'm way off base here, but it could go like this: the mayor and the governor (who should both start looking for new jobs where they can't hurt anyone) call the Pres and request that the troops help. G.W. consults with his people, then issues an order to Horne to get 'er done because there aren't enough law enforcement types around to do the job and it would take too long to get cops from all over the country to perform what is a state function.


    09/07/2005 7:42:24 AM PDT · 18 of 98
    armyavonlady to cajungirl

    The military won't participate because this is a law enforcement function. I'm afraid many people don't understand what authority the military has (or lacks) to do things like this. Just like the military can only shoot in self-defense, the soldiers don't have the authority to remove people.

    Sad, but true.

    Best wishes to you and your family, cajungirl.

  • Freepers, Let's Roll! It's time to help Katrina's victims and we should go first. (Vanity)

    09/01/2005 1:25:45 PM PDT · 34 of 93
    armyavonlady to teenyelliott

    Along the lines of "adopting" a family: odds are that if you ask around (friends, family, contacts) you'll run across someone who knows someone who needs help.

    A secretary where I work in Huntsville, Alabama, is originally from New Orleans. Her extended family of 12 is en route to Huntsville from Austin, TX (the only place they could find shelter when they evacuated). Our office is beginning to get together donations to help support them for the long haul, as they will no doubt be displaced for months if not permanently. I shared this info with my folks (in San Diego) who are contributing to the effort and who will no doubt tell people they know. This allows their contribution to be more personal. They know exactly where the money will go.

    Point of all this babble is that if you ask around, you can probably do something to help more directly. If you want to help and either don't know how or if you became disillusioned with the Red Cross after 9/11, drop me a FReepmail and I'll let you know how you can help the extended family we'll be supporting.

  • Breaking News....

    09/01/2005 12:13:42 PM PDT · 111 of 234
    armyavonlady to luvbach1

    So the question is, are the NG troops "real" enough soldiers to handle the situation? I have great respect for those NG troops who have served in the Sand Box, but fear for those who have never seen anything like this before. We used to call them the K-Mart Army once upon a time. The name didn't fit all of them, but it did fit many...

    Hey, luv - wave at the ocean for me if you would. I just left SD last week and apparently got my flight out just in time.

  • YOU DON'T SPEAK FOR ME, CINDY! TOUR (Melanie Morgan)

    08/16/2005 7:52:32 AM PDT · 29 of 33
    armyavonlady to hipaatwo

    Interesting link from yesterday on a related subject:

    My favorite paragraph is at the end. It starts with, "Finally,I think one must deny to anyone the right to ventriloquize the dead."

  • Cindy Sheehan's Sinister Piffle - What's Wrong With Her Crawford Protest. (Great Editorial!)

    08/15/2005 12:54:46 PM PDT · 40 of 100
    armyavonlady to Sabatier

    I agree about her son's memory deserving better.

    Wonder if she's offered to give back the burial Flag she was given after her son died? After all, it is a symbol of our Nation. I'd think it would make her physically ill to look at it.

  • Cindy Sheehan's Sinister Piffle - What's Wrong With Her Crawford Protest. (Great Editorial!)

    08/15/2005 12:27:39 PM PDT · 13 of 100
    armyavonlady to areafiftyone

    Very interesting read. I particularly liked the end:

    "Finally, I think one must deny to anyone the right to ventriloquize the dead. Casey Sheehan joined up as a responsible adult volunteer. Are we so sure that he would have wanted to see his mother acquiring "a knack for P.R." and announcing that he was killed in a war for a Jewish cabal? This is just as objectionable, on logical as well as moral grounds, as the old pro-war argument that the dead "must not have died in vain." I distrust anyone who claims to speak for the fallen, and I distrust even more the hysterical noncombatants who exploit the grief of those who have to bury them."

    I won't say anything negative about this woman, although I may think it really, really loudly in my brain.

    I just hope time will bring her heart back to what's most important and she'll leave the podium in her past.

  • Baton Rouge Police Officer Killed

    08/11/2005 1:50:11 PM PDT · 10 of 11
    armyavonlady to oldfart

    Perfect example. Don't know the score in other states, but officers in our state are taught what is essentially a shoot 'til they drop scenario. If the officer fears for his/her life, they shoot until the suspect drops the weapon and/or drops to the floor and/or the magazine is empty. Kind of a "me or him" argument to justify the use of force.

    Grieving families have little sympathy for the fact that the suspect opened the can of whoop _ss and tend to argue that some lesser type of force should be used.

    Just sharing what I know from the realities of the legal world I deal with every day. I have an active case where the suspect shot first, refused to drop his weapon and ended up being hit with multiple rounds. His widow has now sued.

  • Baton Rouge Police Officer Killed

    08/11/2005 1:11:01 PM PDT · 6 of 11
    armyavonlady to trillabodilla

    Don't be surprised if the family of the dead "suspect" files a civil suit for excessive use of force. I know he "started it," so to speak, but suits over events like this are not uncommon.

    Our imperfect justice system at work.

  • New 9/11 Zotumentary

    08/11/2005 10:39:21 AM PDT · 19 of 22
    armyavonlady to FreedomFighter44

    I plan to watch it even though I have no clue if there will be a "slant" to it. Most programs I've seen like this that were broadcast on NG were quite neutral.

    On a related note of interest, the Discovery Channel will air a program on the anniversary of 9/11 called "The Flight That Fought Back," which will detail what happened (to the extent its known) on Flight 93. Could be interesting and I plan to catch that one also.

  • Pics of John Kerry's powerboat Scaramouche

    08/10/2005 2:34:21 PM PDT · 13 of 115
    armyavonlady to Lekker 1

    So he won't get another Purple Heart from falling in!