The Novel, for now, Affluenza Defense

Ethan Couch was driving a Ford F350 pickup truck with six friends (two were riding in the bed of the pickup) near Fort Worth, Texas on June 15, 2013. The 16 year old Couch started the tragedy by stealing beer from a Walmart. Ethan proceeded to tank up, with a blood alcohol content of .24, three times the legal level. His blood also tested positive for Valium. Breanna Mitchell had a flat tire on her SUV. Three friends, acting as Good Samaritans, were helping her change the tire on the side of the road. The drunk Ethan, driving 70 in a 40MPH zone, moved them down. They were tossed up to 60 yards in the air. All four died. The four deceased victims were 43 year old Brian Jennings, a youth minister, 52 year old Hollie Boyles, her 21 year old daughter Shelby Boyles, and the 24 year old Breanna. In addition, two of the pickup truck passengers were severely injured. Sergio Molina was riding in the bed. He is now paralyzed from the neck down, unable to speak in a near coma. His family has already incurred $1 million in medical costs, which they cannot afford to pay. They call their life a “living hell” since the tragedy. Justice to a criminal defense attorney is winning an acquittal, pleading to a lesser offense, or receiving a lighter sentence than deserved, Lawyers can be very creative in advancing new theories and arguments for their clients. Scott Brown, Couch’s defense attorney, sprung Affluenza on the courthouse scene last week in Texas. Basically it is a spoiled rich kids defense. These brats are so spoiled and sheltered that they do not know the difference between right and wrong. Their parents do not teach them the limits of acceptable and proper behavior. We know the type. The parents are quick to intervene, even with a lawyer and lawsuit, if their “little angel” runs afoul of school authorities, is caught cheating, or is arrested for drugs or alcohol violations. Criminal defense attorneys often cast blame on the victim, especially if the victim is deceased. Scott Brown called Dr. Gary Miller, a psychologist to the stand on behalf of the defendant. Dr. Miller couldn’t blame the innocent victim, so he blamed the parents. He claimed they gave Ethan whatever he wanted including “freedoms no young person should have.” He asserted Ethan had an intellectual age of 18, but an emotional age of only 12, in other words a case of arrested development. He asserted Ethan Couch was the product of Affluenza. The youth never understood the need to be sorry; instead, you simply send money to rectify a problem. He could not understand the relationship between behavior and consequences. So much for “Honor thy Father.” Dr. Miller’s opinion of the criminal justice system is shown by this statement: “This kid’s been in a system that’s sick. If he goes to jail, that’s just another sick system.” That’s no justification for releasing him back into society. Affluenza rivals the 1979 urban myth of the “Twinkies Defense.” Dan White, former supervisor in San Francisco assassinated Mayor George Moscone and Supervisor Harvey Milk. White’s defense was diminished capacity and depression, partially manifested (not caused) by a change in eating habits from healthy foods to junk foods, including sugary foods. “Twinkies” weren’t even mentioned in the case. The phrase “Twinkies Defense” was coined by a writer. The jury acquitted Dan White of first degree murder, but convicted him of manslaughter. Dan White spent over 5 years in prison. Ethan Couch gets a free pass, actually a $450,000 pass, out of prison. The problem lies not so much with the lawyer, who was doing his job, but with a psychologist who would give credence to such a crackpot theory, and the Judge who accepted it. Affluenza proves the Golden Rule of Law: “One with the gold makes the law.” Juvenile Judge Jean Boyd reinforces Ethan’s impression that he can get away with it because he has money. She sentenced Couch to ten years of probation after he confessed to intoxication manslaughter. The prosecution sought 20 years in prison for the miscreant. Couch received not one day of prison time. Judge Boyd’s sentence rivals in infamy that of Montana Judge G. Todd Baugh in August who sentenced a teacher to 30 days in prison for the statutory rape of a 15 year old student, who committed suicide two years later. Alex Lemus, Sergio’s brother, responded to the sentence: “That kid killed four people and crippled my little brother and doesn’t even have to serve one year. If he were poor like us, he would’ve gotten 10 years, I bet.” Alex is right. Poverty is no defense to vehicular manslaughter. Eric Boyles, who lost his wife and daughter in the tragedy said “There are absolutely no consequences for what occurred that day. The primary message has to be absolutely be that money and privilege can’t buy justice in this country.” Richard Alpert, the prosecutor, predicted a future tragedy will follow upon the sentence: “There can be no doubt that he will be in another courthouse one day blaming the lenient treatment he received here.” The law does not accept immorality or amorality as a defense. That’s exactly what the Affluenza Defense is. A spoiled rich kid cannot tell the difference between right and wrong; he is amoral, and thus should be excused from his crimes. Courts never accepted a spaced out Valley Girl defense, a space cadet defense, a village idiot defense, an ignorance of the law defense, or she looked legal and had a phony ID defense, poverty, illiteracy, English as a second language The purpose of the law is to protect victims and society against the wrongful acts of others. The law protects the victim rather than the wrongdoer. Sports stars and celebrities have certainly gotten away with murder and rape, but that's normally with a skillful defense attorney mesmerizing the jury. The concept that Affluenza could serve as a defense to murder, rape or bulgary is ludicrous,just as it is for vehicular manslaughter in the death of four innocent people and severe injuries to two others. Judge Boyd should be booted off the bench. Reagan Wynn, another defense attorney for Ethan Couch, said “If the point of the juvenile system is to rehabilitate these kids and make them productive members of society, then the judge did absolutely the right thing.” Sometimes you wonder if lawyers really believe what they’re saying. Ethan Couch will be undergoing rehab in Newport Beach, California. Newport Beach, like Malibu, has several expensive, discreet rehab facilities to service the needs of the local residents. This one runs a little over $450,000 annually, which Ethan’s father, loving, doting father, will cover – as usual. $450,000 is a small price to pay to keep the ungrateful son out of prison, as daddy continues to indulge. The rehab center is not for the average person. It features equine therapy and organic meal options. Newport Beach is known for the spoiled high school students featured in “The O.C.” Ethan will fit right in. If the parents do not set proper limits, then it is imperative for the state to do so. Judge Boyd failed the test. In the short term the civil courts may set the limits. Sergio’s family has filed a $20 million lawsuit against Ethan Couch and his father’s business, which is the registered owner of the F350 pickup truck. Lawyers are quick to pick up on successful tactics and arguments. Affluenza will now go viral through the defense bar until judges rein it in.

California's Attack on Huy Fong Foods Sriracha Chili Sauce

California is mugging Sriracha Hot Chile Sauce David Tran represents the best of America. The 68 year old immigrant from Vietnam came to America as the land of opportunity. Like millions of immigrants before him, he created a product Americans wanted and with it hundreds of jobs. California’s recent treatment of him illustrates the anti-business climate of California, its ability to persecute, and sometimes drive entrepreneurs either out of business or out of the state. David Tran is surviving for now, but the lawyers are probably making more money than him. His product is Sricarha Hot Chile Sauce, which is manufactured by his company, Huh Fong Foods. He started making a sauce in a bucket in 1980. It soon became popular. Expansion rapidly followed. His clear plastic bottles with red hot chili sauce with a green wrapper and a rooster on the bottle are found in restaurants around America. It’s found in Subway, Traders Joe, and Lay potato chips. Sales reached $60 million in 2012. The success outgrew his production facilities in Rosemead, California. The neighboring community of Irwindale approached him three years ago with an irresistible offer. It offered a ten year loan with only interest paid during the decade with a balloon payment at the end. Huh Fong Foods would also pay Irwindale $250,000 per year. The new facility would be 200,000 square feet compared to Rosemead’s 68,000 square feet. The loan has since been refinanced with an outside bank. Irwindale has a population of 1,446 with a high unemployment rate. The city is mainly known for the active and abandoned quarries within its boundaries. Irwindale welcomed the plant. The new plant cost $40 million to build. It employs 200 full time employees and 600 seasonal workers. The plant produces strong odors, most of which are removed by a carbon based filtration system. Tang is quoted as saying “If it doesn’t smell, it doesn’t sell.” David claims the secret to his sauce is that it’s processed fresh. The jalapeno peppers are harvested and processed on the same day, with production running for roughly 90 days from August to November. About 100 million pounds of jalapeno are processed during the three month period. The ground peppers are mixed with garlic, salt, sugar, and vinegar to produce 200,000 bottles daily. The first complaint about the odors came from the son of a city councilman. The complaint could be legitimate, but it raises suspicions of a shakedown. No complaints had been made about the Rosemead facility. Huy Fong Foods said several inspectors from the South Coast Air Quality Management District had inspected the Irwindale facility on three separate occasions, and issued no citations. Conversely, Irwindale said its inspectors found air quality issues at the plant. About 30 residents also complained of varied symptoms, which include burning eyes, sore throats, heartburn, and nose bleeds. A father said the odors aggravated his son’s asthma, which were alleviated when he moved his outdoor activities indoors. The city and several residents filed suit against Huy Fong Foods on October 21, alleging the plant constituted a public nuisance. The judge denied a temporary restraining order against the plant, but issued a preliminary injunction after the processing season ended. Judge Robert H. O’Brien held for the plaintiffs even though he held the relationship between the emissions (odors) and the resulting health complaints lacked “credible scientific evidence linking the health problems to the plant.” He wrote though that the odors could be reasonably "be inferred to be emanating from the facility.” Round II came a few days ago: the incredibly arbitrary, bureaucratic inane regulatory state. The California Department of Public Health ordered the company to delay shipping three of its products, Sriracha, Chili Garlic, and Sambal Oelek, for 30 days. The Department tightened the health guidelines for the products after observing the processing plant. The Department wants to “ensure an effective treatment of microorganisms present in the product.” The Department is concerned that ground, unheated chili is added to the sauce. Anita Gore, spokesperson for the agency say “Holding products for a period of time at a specified pH level is one method of controlling those microorganisms.” Three decades of no health complaints pale compared to the dictates of an anonymous bureaucrat. By that reasoning, we should not eat uncooked carrots, apples, oranges, lemons, peaches, pears, plums, garlic, onions, lettuce, cabbage, tomatoes, mushrooms, or grapes. Sushi, spices and Asian herbal products and medicines should also be highly suspect David Tran’s business is surviving for now; his lawyers are thriving, but he is no longer California Dreaming.

ObamaCare: Drip, Drip, Drip

Drip The IV drip sustains life in a patient Drip, Drip, Drip The Chinese water Torture Trick, drip, drip, drip, is intended to cause insanity in the victim. Which will ObamaCare be? The life giving IV Drip, or the torturous Chinese water Torture? You cannot keep your insurance company? Drip, drip, drip You cannot keep your doctor Drip, drip, drip You may not even be able to get a doctor Drip, drip, drip You cannot keep your hospital Drip, drip, drip You cannot keep your prescriptions Drip, drip, drip You cannot afford your new premium Drip, drip, drip You cannot afford the deductibles Drip, drip, drip Your copay is higher Drip, drip, drip You're paying for coverage you neither need nor want Drip, drip, drip You don’t qualify for subsidies Drip, drip, drip You are a smoker Drip, drip, drip You love in Hawaii, Maryland, Minnesota, or Oregon Drip, drip, drip The back end of the exchange process, actual enrollment by an insurance company, is not working. People will discover on January 1 that they are in fact uninsured. Drip, drip, drip Your paper, paperwork will not be processed Drip, drip, drip You have been riffed because of ObamaCare Drip, drip, drip You went from full time to part time Drip, drip, drip You will lose your employer’s health insurance next year Drip, drip, drip California has invaded your privacy Drip, drip, drip Volunteer firefighters, the unpaid firefighters, the 97% of the fire districts in America, are told by the IRS that they are employers, and hence subject to ObamaCare. Drip, drip, drip The exchanges, when working, are kicking unqualified applicants into Medicaid. They will be surprised on January 1 to discover they are uninsured. Drip, drip, drip You have been an avid Obama supporter, but just realized you have been shafted on your health insurance Drip, drip, drip ObamaCare advocates keep saying stupid statements that defy common sense Drip, drip, drip Jay leno is having a field day making nightly fun of Obamacare Drip, drip, drip, drip And the answer is Drip, drip, drip

The United States Loses $10.5 Billion on its $49.5 Billion GM Investment: If Only The Treasury Department announced that it had sold its last shares in Government Motors for a net loss of $10.5 billion on the bailout. $10.5 billion was a small price for taxpayers to pay for President Obama carrying Michigan in 2012. The Treasury Department lost $1.3 billion on its $12.5 billion bailout of Chrysler. $1.3 billion was a small price for taxpayers to pay for President Obama winning Ohio in 2012. The Treasury Department will in the future report a loss on the $17.2 bailout of GMAC (General Motors Acceptance Corp.)(now called Ally). ‘GM is alive; Osama is dead.” “Detroit was saved” by the President. Detroit meant the industry – not the city. Remember “Cash for Clunkers?” The $3 billion program to bail out Detroit by offering $3,500 or $4,500 vouchers for the trading in of old cars for new, more efficient cars. That was a clunker. 690,411 vehicles were traded in for $2.877 billion in government rebates. Most of the vehicles purchased under the Cash for Clunkers Program were imports, mostly Japanese and Korean. Toyota had 19.4% of the sales, compared to 17.6% for GM, 14.4% for Ford, 13% for Honda, and 8.7% for Nissan. Subsequent studies showed that Cash for Clunkers essentially accelerated the purchase of cars that would have been bought anyway, resulting in no long term gain for Detroit. The forced bankruptcies of Chrysler and GM bankrupted existing bankruptcy law. It subordinated the debt of secured creditors to that of unsecured creditors, the United Autoworkers Union. The UAW was an unsecured creditor for the pension and health funds of its retirees. They received 100% on the dollar, resulting in 55% of the new Chrysler Corporation shares. The Chrysler salaried employees received only 40 cents on the dollar for their benefits, but the traditional bondholders, such as the Indiana State Teachers Pension Plan, were crammed down to 29 cents on the dollar. GM’s bondholders received even less. The new bonds issued to cover the UAW claims carry an interest rate of 18%. The Chrysler and GM bailouts were intended to save UAW jobs and that of President Obama. GM closed its unionized, highly efficient and productive, Moraine, Ohio assembly plant, which manufactured profitable SUV’s because it was a non-UAW plant. It was an IUE and not UAW plant. Therefore it was expendable. The further cost to America was the forced cancellation of dealerships, profitable dealers selling American cars to Americans. Chrysler arbitrarily terminated 789 dealers, or about 25% of its dealers. GM started with terminating 1,100 dealers. Over 100,000 American workers lost their jobs in the dealership closures, while the owners lost their large investments. Many of the terminated dealer properties now sell Hyundai and Kia cars. Chrysler and GM are again making money, by selling pickup trucks and SUVs. America is still paying a high price to fund the President’s reelection victories in Michigan and Ohio.

Build a Wind Farm; Get a 30 Year Eagle Killing Permit Green Energy – Renewable Energy The mantra of the Obama Administration – at any cost Wind farms are notorious for making sushi out of birds. A recent study in the Wildlife Society Bulletin estimates 573,000 birds and 888,000 bats are killed annually by wind farms. Green energy versus traditional environmental protection is an easy balance for the Obama Administration Green energy at any cost Solar farms versus desert tortoises The tortoise is sacrificed to the sun. So too with the Bald Eagle The bald eagle has been the national bird since 1792, over the objections of Benjamin Franklin who favored the turkey. Which looks more majestic on our National Seal: The bald eagle or the turkey? Imagine Thanksgiving: Gizzards of bald eagle on Turkey Day while Tom Turkey looks down from the Great Seal of the United States. An estimated 100,000 bald eagles 100,000 bald eagles inhabited the Lower 48 in 1792, but dropped to 412 nesting pairs by 1950. The pesticide DDT was responsible for much of the loss in eagle population, but hunting, habitat loss, and transmission line encounters also played a major role. DDT was banned 4 decades ago. The bald eagle rebounded in numbers to an estimated 200,000 throughout the United States and Canada today. The bald eagle was delisted on June 28, 2007 from the endangered and threatened list. Other statutes continue to protect the bald eagle. The 1969 Bald and Golden Eagle Protection Act prohibits the taking, possession, sale, purchase, barter, transport, export or import of eagles, or any part, nest or egg without a permit. The word “take” is expansively defined to include pursue, shoot, shoot at, poison, wound, trap, sale, purchase, capture, trap, molest or disturb. It is not illegal to own an eagle or eagle parts, such as a feather, if they were lawfully possessed prior to 1969. However, it is illegal for one in legal possession to sell the eagle or a part of it. The penalties for illegal possession or sale of eagles or eagle parts, such as feathers, include felony criminal prosecutions. But not for wind farms. The Migratory Bird Treaty Act enforces the Treaty entered into initially by Great Britain (Canada) and the United States. The Lacey Act renders it illegal to take, possess, transport, sell, import, or export the endangered birds, nests, eggs, or parts. Native Americans, who are members of federally recognized tribes, are permitted to use eagle feathers for religious and spiritual purposes, but only with a permit. The balance between traditional conservation and renewable energy does not matters to the Obama Administration, which believes in renewable energy. Wind farms have been operating under 5 year permits, which allow the killing of eagles. the five year permits were initially issued by the new Obama Administration in 2009. The wind industry is greedy. It is unsatisfied with the federal tax credit subsidy of 2.3 cents per kilowatt hour. The subsidy, if renewed, could amount to $12 billion over the next decade. The Obama Administration is now granting the wind industry 30 year permits, “Eagle take permits,” which will allow the windmill killing or wounding of eagles. David Yarnold, President of the national Audubon Society stated: “It’s outrageous that the government is sanctioning the killing of America’s symbol, the bald eagle.” He argued that in the balance between conservation and renewable energy, the Department of the Interior “wrote the wind industry a blank check.” The Department of the Interior claims the permits will be issued to” applicants who commit to adaptive management measures to ensure the reservation of eagles.” Interior also claims that the permits will be reviewed every five years The five year look back and analysis of eagle deaths will rely on self-reporting. The Administration, which fervently supports green energy, and eagerly supports the unemployment of tens of thousands of coal miners, will turn a blind eye to eagles killed in the name of wind energy. Let the windmill killing an eagle replace the bald eagle on the National Seal.

Nelson Mandela, Ataturk, and Mahatma Gandhi

Nelson Mandala’s mortal life ended earlier today, but his legacy is immortal. The world is pouring out its tributes for the loss of this great man. Let me look at his life from a different perspective. I love history. I love reading about great peoples and great leaders. The Twentieth Century certainly presented a long list of great leaders and tragic figures: Presidents, Prime Ministers, Kings, Queens, Sultans, and dictators. The United States alone can claim two Roosevelts, Johnson, and Reagan, England has the British American bulldog, Winston Churchill, and Margaret Thatcher. France claims Charles DeGaulle. China had Sun Yat-sen and Deng Xiaoping. The brutality of Ho Chi Ming, Chairman Mao, Stalin, and Hitler drown out their leadership. The three I would be most interested in having spent time with are Mandela, Ataturk, and Gandhi. All three led their people or nations to freedom or independence. None sought to use their powers to empower themselves as dictators. Gandhi and Mandela were both lawyers, and men of peace, whereas Ataturk was a man of war who turned to peace. All three brought democracy to their people. Mandela freed his people; Gandhi liberated his country; Ataturk gave his people a country. Mustafa Kemal was a career officer in the Ottoman armies, perhaps its greatest general. He became famous to the Turkish people by defeating the British, AnZac and French forces at Gallipoli. His military victories though could not save the Ottoman Empire from a crushing defeat in World War I. The Allies attempted not only to dismember the Ottoman Empire, but also to occupy and split up Turkey. Ataturk’s victories continued as the Turkish people in their heartland of Anatolia won the Turkish War of Independence. Mustafa became Ataturk, “The father of the Turks.” The man of war became a man of peace. A new secular Republic of Turkey was established. The Ottomans were expelled and the Caliphate abolished without the brutalities and terror of the French and Russian revolutions. His goal was to modernize, westernize, and secularize Turkey. Sharia law was abandoned while a western legal system adopted. Women were given rights unknown in much of the Mideast. The national jewel of the Hagia Sophia, the great Christian Church converted into a mosque, was turned into a museum. The history of the Byzantine and Ottoman empires is one of continuous warfare and shifting borders. Ataturk sought peace with Turkey's neighbors - once part of the Ottoman Empire. He sought peace with the West. Most of all, Ataturk wanted a country with defined borders for his people. His new Turkey eschewed ambitions to conquer neighboring lands. His legacy has continued to these days. Turkey and Israel are islands of stability and prosperity in the otherwise tumultuous Mideast. Mohandas Karamchand Gandhi experienced discrimination as an attorney for 21 years in South Africa. He realized that military force could not defeat the British Empire, but a campaign of non-violence might. He led the Indian people to Independence, but foreclosed any political role in governing the country. That fell to Nehru. Sadly Gandhi could not prevent the bloody partition of India, but India has emerged as a vibrant Democracy. India, Pakistan, and Turkey have all had female leaders, an anomaly in that part of the world. Nelson Mandel spent 27 years in prison under harsh conditions for his opposition to Apartheid. His release in 1990 did not unleash a crusade of violence against the whites, but instead the creation of a black, duly elected government, which respected the rights of the whites. He emerged a man of peace. Lesser men would have sought vengeance. The transition was achieved through peace and not armed combat. As the first President of the new South Africa, he established a series of truth commissions, under which those had committed crimes, including vicious outrageous crimes, against the blacks would be forgiven if they fully confessed their wrongs. Truth commissions, not firing squads, awaited the former oppressors. Mandela’s legacy in South Africa should be compared to that of most of the post-colonial governments in Africa, characterized by corruption, genocide and dictatorships. A common, but all too uncommon in much of the world today including the United States, quality of these three great leaders is that they cared about the well being of their people. I would have wanted to know what made these leaders rise to greatness. How and where did they find their higher calling to improve the condition of their people? Others had the opportunity, but seized the spoils of victory.

Ohio State 42, Michigan 41. It Was Not to Be

Fall in the Big House. The air is crisp. The sky is clear. The temperature is a freezing 30°. The leaves are turning. The Big House is a sea of maize and blue, scarlet and grey. Tens of thousands Ohio State fans teemed into the Michigan Stadium savoring a smackdown by their beloved, undefeated Buckeyes of the offensively inept Wolverines. It was not to be. Detroit Metro Airport is usually a sea of maize and blue on football weekend. Not this weekend. Only the true faithful showed up. O ye of little faith. If you watched on TV you missed the falcon flying onto the field before the flyover, the rainbow hanging the stadium in the second quarter in the clear sky (Was it an omen?), and Ohio State’s Best Damn Band in the Land performing their inspiring Gettysburg Salute at halftime. 113,511 stood frozen in place for 3 hours, even during halftime, because of the cold and the 42 points split evenly in the first half. 83 points total in the game. Up and down the field the bitter rivals marched, ran, and passed. Ohio State couldn’t stop Michigan’s passing attack (451 yards). Michigan couldn’t stop Ohio State’s running game (393 yards). You missed a great game, the 110th time the behemoths of the gridiron met. The Michigan that beat Notre Dame 41-30 in game 2 showed up to play. Where did that Michigan go? Michigan played a wide open attack. 99, 84, 83, 78 yard touchdown drives. Where was this Michigan hiding in the preceding 9 games? 603 offensive yards. Where did that come from? Not Akron. Not UConn. Definitely not Penn State, Michigan State or Nebraska? Did Al Borges have a secret plan all season to keep the Michigan offense under wraps to fool Ohio State? No more ties in college football. Too bad! Fairness deserved a tie in this evenly matched, evenly played game. But one team had to win and one lose. Thus, after scoring a touchdown in the last 32 seconds Michigan went for two – to win it all. The Wolverines had nothing to lose. Go for it. It was not to be. David did not beat Goliath. Not this time. Ohio State gets the W in the records book and Michigan the L. Ohio State moves on, perhaps to the BCS National Title game. Tressel won the title in his second year at Ohio State. Meyer may match that mark. Go Blue. Go Sparty! Tressel and Meyer have owned the rivalry in the New Millenium, winning 11 out of 13. Michigan controlled the previous Jim Cooper years 10-2-1. Michigan won the game. It won redemption and respect. The players regained their pride. They played equal to the best. The Wolverines gave their all. They left it on he field. Alas. Al Borges called the wrong play on the two point conversion. His conservative DNA returned. He called a play that had no options – only a pass to Drew Dileo, the “hands” receiver. Dileo never had a chance. Ohio State knew it was coming. 4 defenders covered Dileo. It could not reach him. Al Borges still must go. Side notes: Marcus Hall of Ohio State double bird flipped the stadium. Devin Gardner, the banged up, gimpy Michigan quarterback, proved he is worthy of filling Tom Brady’s shoes and wearing the hallowed 98 Jersey of the revered Tom Harmon. Had Michigan defeated The Ohio State University, the fans would have mobbed the field. The game would have entered the lore of Michigan football with that of “Bo, Who?” stomping 24-12 Woody’s great 22 game undefeated, returning national champions – once considered perhaps the greatest college team of all time, or at least until November 22, 1969. It is not to be.