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S 12 • AUGUST 1-14, 2021 FROM THE EDITOR: Happy retirement, Mad Dog! MAD DOG’S DAUGHTER WENDY MILLER editor@thetruckermedia.com I’ve never known my dad to have a career other than a truck driver. Known by his CB handle, Mad Dog, and often referenced in this column (and noted in the very title), my dad has been behind the wheel of a truck for more than 30 years. He’s hauled wood chips, sawdust, logs — just about anything that needed to be moved to a paper mill in Southeast Arkansas, northern Louisiana and some surrounding areas. Mad Dog has been an owner-operator, the co-owner of a trucking business and has driven for various companies throughout his time on the road, which spans more than my lifetime. Mad Dog never embraced a true over-theroad career, but he did spend plenty of nights on the road hauling regionally or just constantly moving. He was a driver long before ELDs became a thing; later in his career he remained completely intrastate, which in Arkansas wouldn’t have forced him away from paper logs. For that, I’m sure he was thankful. Even though Mad Dog was never traveling across the country, trucking wasn’t easy on him or on his family. He will be the first to tell you that he made plenty of mistakes. After all, no one is perfect. But driving a truck fit my dad. It was something I believe he enjoyed, and he was able to make a decent living with it. I don’t know that I could ever envision him doing anything else. Retiring isn’t exactly something Mad Dog has been planning for a while; it was somewhat of a forced situation due to health reasons. That’s something I’m sure sounds familiar for a lot of lifetime truckers. Regardless of the reason, I’m sure the change is a welcome one for Mad Dog. He has big plans. He wants to travel on two wheels for a change (maybe a Harley Davidson, which would fulfill a lifelong dream), and he wants to spend time with his wife and her grandkids who he loves as his own. Mad Dog’s only children, my brother and I ( from his first marriage), are moving quite slow in the grandkids arena, so I’m happy he has the opportunity to enjoy grandchildren. So, I am happy to dedicate this column to Mad Dog as he climbs out of the driver’s seat and into retirement. Unlike in an office setting, there won’t be a big party from his co-workers. He’s not much for parties anyway. I’ll continue to share the occasional crazy story from Mad Dog’s career in this space, but I felt it only appropriate to use this space to recognize his long career and shout, “Happy Retirement!” Thanks for a long trucking career, Mad Dog. Until next time, be cool and be careful. 8 ASK THE A<strong>TT</strong>ORNEY BRAD KLEPPER PERSPECTIVE WORTH REPEATING In this section, The Trucker news staff selects quotes from stories throughout this issue that are just too good to only publish once. In case you missed it, you should check out the stories that include these perspectives. If you have an opinion you would like to share, email editor@thetruckermedia.com. I do think that truck parking is a national problem. But when you look at where these issues tend to arise and who has the purview to deal with land usage issues, it’s local governments.” — Paul Enos, president of the Nevada Trucking Association, on truck parking in Nevada and across the nation Full story on Pages 1 and 8. THETRUCKER.COM Not revealing exculpatory evidence violates 14th Amendment Brad Klepper wasn’t able to provide a column this week, so we thought you would enjoy this column from January 2019. Let’s get this addressed up front. I am the guy who is always late to the party. I don’t mean late to an actual party — because well, I like a good party. I mean I am always the last guy to adopt a new technology, listen to a new band or watch the latest TV show. The perfect example of this is Netflix. I know it has been around for several years; however, I did not really start watching shows on Netflix until recently (like a few weeks ago). But man am I hooked. My Netflix addiction began when my friends told me I needed to watch the series “An Innocent Man.” It is a documentary television series based on a book by John Grisham about two murder cases in Ada, Oklahoma. I suspect my friends wanted me to watch it because they know I like documentaries, and they also knew my wife and I both grew up in Ada and lived there during the time of the murders. You must understand, Ada is a small town, so it was hard not to know the players in the documentary. It was also a surreal experience to watch a series about your hometown. While we were watching the series, the narrator made several references to potential Brady violations in the prosecution of the defendants. This eventually resulted in my wife turning to me and asking, “Who is Brady? And what is a Brady violation?” Well, dear, I am glad you asked. Brady v. Maryland is a landmark U.S. Supreme Court case. In this case, the court held that in a criminal proceeding the prosecution must turn over all exculpatory evidence to the defense. Exculpatory evidence is evidence that may serve to exonerate the defendant. The court held that failure to turn over such evidence violates the due process clause of the 14th Amendment to the U.S. Constitution. In short, this decision resulted in a pretrial discovery rule requiring the prosecution to turn over all exculpatory evidence. Failure to do results in what is referred to as a Brady violation. Some examples of Brady violations include evidence known only to the police, such as contradictory witness statements, agreements made by the prosecutor to not prosecute a witness in exchange for witness testimony against the defendant, that a witness has been paid to act as an informant, or failure to disclose crucial DNA evidence not matching that of the defendant. These are just a few examples. The point of the court’s decision is that while it is important that the guilty party be found, it is more important that the defendant get a fair trial. Unfortunately, potential Brady violations often do not come to light until after the trial. Let’s be honest. Who cares about a Brady violation if the defendant wins? However, if the defendant loses and feels that evidence may have been withheld, this is an issue that can be brought up on appeal. In this scenario, the defense must prove that the suppressed evidence was so important that it would have changed the outcome of the trial. As you can imagine, it is difficult to prove this claim. If the prosecution fails to disclose exculpatory evidence it may lead to dismissal of the case, reversal of conviction on appeal, or an order for a new trial. In other words, the defense may opt for a motion for dismissal or appeal against the conviction. The defense may also move for a new trial. As you can see, the potential penalty for a Brady violation is high. In order to make sure they receive all exculpatory evidence; it has become common practice for defense counsel to request pretrial “Brady disclosure” from the prosecution. This helps ensure that the defendants receive a fair trial and sets the framework for an appeal should the prosecution violate Brady. So, there you have it. All you ever wanted to know about a Brady violation — and probably more. Brad Klepper is president of Interstate Trucker Ltd. and is also president of Driver’s Legal Plan, which allows member drivers access to services at discounted rates. For more information, contact him at (800) 333-DRIVE (3748) or interstatetrucker.com and drivers legalplan.com. 8 Over here, it’s an easy cakewalk compared to Europe. In Europe, they have all kinds of goofy things, like four-and-a half hours and a 45-minute break; then they split up the hours and it’s just goofy and a pain in the butt. If you mess up, then they will fine you dearly for it.” — Carina BeeBe making a comparison between trucking in European countries versus the U.S. and Canada Full story on Pages 14 and 16.
THETRUCKER.COM PERSPECTIVE AUGUST 1-14, 2021 • 13 Sometimes truck drivers just need to know when to get healthy RHYTHM OF THE ROAD KRIS RUTHERFORD krisr@thetruckermedia.com If you haven’t turned to this issue’s contribution from my colleague, Bob “The Trucker Trainer” Perry, after reading this edition of “Rhythm of the Road,” please make it your next stop. Only Bob can offer the advice you might need to save yourself from filling the shoes of The Willis Brothers in their 1968 song, “Quittin’ While I’m Still Alive.” It’s been a good while since I’ve written about the Willis Brothers, so let’s review a little of the trio’s background. The Willis Brothers — actually one of the original three was a Caldwell, but who’s counting? — got their start in the music business during the early years of the Great Depression in Shawnee, Oklahoma, a small city east of Oklahoma City. Interstate 40 didn’t exist, and even Route 66 bypassed Shawnee, but the city had long been an oasis along cattle drives northward from Texas, and it goes down in history as a thoroughfare along the West Shawnee Trail. In fact, with three major railroads building lines through the city along with well as depots, Shawnee was a fast-growing place that put up a good fight with Oklahoma City when it came time to choose a state capital. But when a major meatpacking plant chose Oklahoma City as its home over Shawnee, the neighbor to the west won out. Today, Shawnee isn’t a whole lot larger than it was in 1930, while Oklahoma City is home to some 650,000 residents. But Shawnee lives on as a major suburb of the capital. The original Willis Brothers trio were known locally as “The Oklahoma Wranglers,” and for the better part of the 1930s they appeared live as a regular feature on Shawnee radio station KGFF. But at decade’s end, one member left the group. A roller coaster of Willises started coming and going, interrupted only by World War II, when the entire trio served overseas. When the war ended, The Oklahoma Wranglers reunited and caught their first big break — an appearance on the Grand Ole Opry performing as themselves and as backup to Hank Williams. Their popularity quickly grew, and the group became permanent members of the Grand Ole Opry before the 1940s came to an end. The next big step for the group was an eightyear stint touring with Eddy Arnold, who was among the biggest names in country music at the time. When they decided to move on, the Wranglers also changed their name — and The Willis Brothers was officially born. After all, the name fit, since Caldwell had left the group and all three slots were now filled by men from the same family. All this is to let you know that The Willis Brothers probably inhaled a whole lot more than their share of dust in the 1930s, not to mention far too many liters of bovine-produced methane gas. And because they were on the road so many years (much like truck drivers), the fellows no doubt the developed a few other health problems they ignored a little too long. These experiences might have given birth to “Quittin’ While I’m still Alive.” During their career, The Willis Brothers had one big hit — a trucking song — “Give Me Forty Acres (and I’ll Turn this Rig Around),” a subject of one of my first columns for The Trucker. But this was far from the group’s only song about truck drivers. In fact, the genre became the band’s specialty. Using a Telechord electric guitar, The Willis Brothers developed a distinctive “highway beat” to their music, all the while keeping to a bluegrass style, particularly in their vocals. The combination made for some masterful trucking songs. Sticking with two-minute-long songs, the band recorded more than were found on other country albums. While few of those songs charted, The Willis Brothers discography was impressive In 1968, recording for Stardust Records, “from Nashville, Tennessee — the Musical Heart of America,” the group released “Hey, Mr. Trucker Driver,” an album bulging with 12 of the group’s short looks at life through a windshield. A long overlooked “Quitting While I’m Still Alive” is one tune every prospective truck driver needs to give a listen before deciding on a career in the industry. In “Quittin’ While I’m Still Alive,” The Willis Brothers play the role of a still-young 42-yearold man who has been driving a big rig more than half his lifetime. But the diesel has taken its toll. This isn’t a case of being lonesome; rather, it’s a matter of being “plum beat down,” as some might say. The singer realizes, after 22 years behind the wheel without a scratch or a dent, he’s pushing his luck. Chances are that time will catch up with him. After all, he sings, he’s seen too many rigs on the road go up in flames with the driver still inside. He’s also run across too many crazy driving “punks” and more than his share of drunks that leave him wondering how much longer he’ll remain unscathed. Aside from the fear of continuing to drive, The Willis Brothers tell us of the various maladies the trucker has come down with over the years. Thanks to the diesel, he claims he can see, he can’t smell and he can’t hear. (I guess if enough diesel residue builds up in one’s system, at least three of the five senses can be permanently damaged.) The only sense the driver claims to have left is being used up trying to keep his rig on the road. And how about those kidneys? I suppose 22 years of chain coffee-drinking does a number on those as well. With that, two minutes and 19 seconds later, we are left assume the trucker arrives in Memphis, where he turns in his papers and puts his truck up for sale. Until next time, scoot on over to Bob Perry’s column on Page 6, and check out the back issues of The Trucker, too. Bob offers up some good advice to help you stay healthy out there on the road. 8 THE FREIGHT RUSH IS HERE: GET INSTANT FUNDING! • No Monthly Fees or Monthly Minimums • Choose Which Invoices You Want To Factor • Instant Broker Checks • Instant Funding Options Available • Fuel Advances 7 Days a Week LEARN MORE: (470) 900-3601 WWW.OTRCAPITAL.COM/TRUCKER
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