Archive for the ‘California Über Alles’ Category

Random roundup, August 3, 2012.

Friday, August 3rd, 2012

We’ve got wrongful convictions, we’ve got banana republicans, and we’ve got pizza. Something for everyone: a comedy tonight. (Dammit, I miss Zero Mostel.)

In 2004, Omar Bradley, then mayor of Compton, was convicted of misappropriation of public funds. Also convicted with Mr. Bradley were Amen Rahh, a former council member, and John D. Johnson II, the former city manager.

Prosecutors said the men had used their city-issued credit cards for personal items and “double dipped” by taking cash advances for city business expenses and then charging the items to their city credit cards. Bradley was accused of misusing about $7,500 for purchases that included golf balls and shoes, cigars, a three-day stay in a penthouse hotel room and in-room movies.

Bradley’s conviction was on a felony charge: he served three years, could not hold public office, and lost his teaching credentials.

However, in another case last year, the California Supreme Court held:

…that officials must know or be “criminally negligent” for not knowing that they are doing something illegal in order to be guilty of misappropriation of funds.

The punchline?

Based on that case, the appeals court reversed its previous decision in Bradley’s case and overturned his conviction Wednesday.

(Rahh’s and Johnson’s convictions were not overturned.)

I’ve previously alluded to the police shootings in Anaheim, and observed that I don’t have a clear grasp of what’s going on. The NYT ran this story while I was on vacation, which I think gives a decent overview, and follows-up today with this story, which is more about the political and cultural divisions in Anaheim. (Note the correction at the bottom.)

As long as we’re on the NYT site, there’s another interesting story to talk about. Baithe Diop was a cab driver who was killed in 1995. Five men were convicted of his murder as part of  “an elaborate plot to distract the police from the intended crime: the theft of $50,000 worth of cocaine from a passenger in Mr. Diop’s car”.

But now, 15 years after the criminal trials, federal authorities have concluded that all five of those now imprisoned for the murder were innocent of the crime.

More:

The new findings suggest that there was a colossal breakdown in the criminal justice system. Robert T. Johnson, the Bronx district attorney since 1989, said through a spokesman on Thursday that his office had been notified of the new evidence discovered by federal prosecutors but had not yet been able “to resolve all of the questions that have been raised by this evidence.”

It now appears that the murder was actually committed by members of the “Sex Money Murder” gang.

So. Pizza. Mangia Pizza. As we have previously noted, Mangia went into Chapter 11 bankruptcy in 2010. Mangia’s founder has proposed a plan to get them out of Chapter 11. However, another creditor has proposed a counter plan. The founder’s plan would (in theory) pay back unsecured creditors 100% of what they’re owed over the next ten years; the competing plan would give that creditor control of the company, and pay back the unsecured creditors 22 cents on the dollar. The founders have since modified their plan so that the unsecured creditors will get 22 cents on the dollar immediately,”with assurances to pay the remainder of the amount owed in coming years”.

(If I was a creditor, given the situation, I wouldn’t count on getting 100% of my money back in ten years, or ever. I’d take my 22 cents on the dollar and consider anything after that found money.)

What makes this even more interesting is that the competing creditor, “Cloud Cap LLC,  a subsidiary of Austin-based management and investment firm Pileus Group LLC” became a creditor by buying a claim from a place called Knife Sharpist, which (duh) sells knives and does knife sharpening. (I’ve been there a couple of times. They do good work.) The total amount of Knife Sharpist’s claim was $244.66.

Cloud Cap’s plan calls for changes to Mangia’s menu, a revamp of the restaurant’s décor and additional locations.

(For Austin residents who might be confused, the Mangia at Gracy Farms (which the Statesman constantly calls The Domain: it isn’t) and the one on Lake Austin are owned by another company and aren’t involved in the Chapter 11 proceeding. The Chapter 11 proceedings only involve the location on Mesa and the one at the airport. But it does make me wonder: if Cloud Cap takes control, will they force those two locations to change the name?)

[Michelle] Musick [Mangia’s bookeeper] said Mangia’s management has already taken steps to get the company back on stable footing, including closing stores in Round Rock and on Guadalupe Street near the University of Texas campus.
“The Guadalupe store was actually breaking even, but the rent was so astronomically high,” she said. “The Round Rock store was bleeding money.”

Mangia, according to the article, owes “more than $750,000”. (How much more?)

Records show that the Internal Revenue Service is owed the most, about $190,000. Other creditors include the state comptroller’s office, Travis County and the Round Rock school district, as well as several businesses.

Banana republicans watch: August 2, 2012.

Thursday, August 2nd, 2012

Randy Adams wants severance pay.

That’s Randy Adams, former police chief for the city of Bell.

That’s Randy Adams, former police chief for the city of Bell, who was making $457,000 a year and cut a deal with the city of Bell to approve his disability pension at the same time the city was hiring him.

While I was on vacation, another story broke that I didn’t have time to cover. Last year, the state of California announced that they couldn’t keep all the parks in the park system open. Citizens and municipalities in California responded by donating money and coordinating fund raising events.

It turns out that the park system actually had $54 million stashed in various accounts. And folks are peeved.

In Ventura County, supervisors Tuesday sent a letter to state officials demanding the immediate return of $50,000 earmarked to repair a crucial sewer line at McGrath State Beach near Oxnard. Last year, the state said the popular beach would close because it lacked $500,000 for the fix. Officials even urged McGrath fans to vote early and often in a Coca-Cola contest that would award $100,000 to America’s “favorite” park.

Pity the poor Stockton PD. (Well, and the Stockton Fire Department, too.)

Stockton police officers and firefighters said they haven’t been able to fill the gas tanks of their emergency vehicles because the pumps at their stations are empty.

Since the city has filed for bankruptcy, the company that was providing gas has terminated the contract.

By the way, former Stockton Police Chief Tom Morris, who served as the chief for eight months and retired at 52, is getting an annual pension from the city of $204,000.

(Hattip for that last link to Instapundit.)

Yes, we have more bananas.

Wednesday, August 1st, 2012

The House Ethics Committee has recommended that Rep. Laura Richardson (D-Long Beach) be reprimanded for pressuring her congressional staff to work on her political campaign, dealing a severe blow to her reelection bid.

…

In a scathing report issued Wednesday, the ethics panel’s investigative subcommittee found Richardson improperly used House resources for campaign and personal purposes, compelled congressional staff to work on her campaign and obstructed the committee investigation “through the alteration or destruction of evidence” and “the deliberate failure to produce documents.”

Obstruction? “deliberate failure to produce documents”? “…callous disregard for her staff and the resources entrusted to her by the American people”? And she gets a reprimand?

Banana republicans watch: August 1, 2012.

Wednesday, August 1st, 2012

Tyrone Freeman used to be the president of Local 6434 of the Service Employees Industrial Union (SEIU).

Then things started happening. The LAT did a series of reports on Freeman’s spending as head of the local. The federal Department of Labor, the FBI, and the IRS started investigating.

Last month, his wife, Pilar Planells, pleaded guilty to an income tax charge in connection with more than $540,000 she received in consulting payments from the union. She is expected to be sentenced to three years’ probation and must pay about $130,000 in back taxes, interest and penalties, according to court records.

And now Freeman has been indicted on 15 counts:

Freeman was indicted on federal charges of stealing from those workers to enrich himself — even billing the union for costs from his Hawaiian wedding. The 15-count indictment, which also contains allegations that he violated tax laws and gave false information to a mortgage lender, carries combined maximum prison sentences of more than 200 years.

Oddly enough, I see no mention of strippers. Freeman was apparently big on cigars and cognac.

Still pending in state court is a civil lawsuit the union filed against Freeman and Planells over more than $1.1 million they allegedly pilfered. The suit contends that the money financed Freeman’s lifestyle of $175 glasses of cognac, $250 bottles of wine and a $3,400 trip to the NFL Pro Bowl.

Yeah, Hawaii is nice and all. But, dude, the Pro Bowl? Seriously?

Banana republicans watch: July 31, 2012.

Tuesday, July 31st, 2012

I apologize: things were so hectic while I was away that I kind of let the banana republicans slip. I don’t think there was much that went on while I was in Las Vegas, anyway. But now that I’m back…

…this LAT story is kind of confusingly written, but it looks like Angel Perales of Cudahy, the “former head of code enforcement”, has pled guilty. Osvaldo “Bimbo and the Badge” Conde and former mayor David Silva are pleading Thursday.

Perales could receive a maximum sentence of 30 years in prison and a $500,000 fine.

And Louis Byrd and Fernando Pedroza, former council members in the city of Lynwood…

…were found guilty of misappropriating public funds following a month-long trial in which prosecutors used a novel legal argument that the officials broke the law by accepting tens of thousands of dollars in stipends for sitting on city commissions that appeared to do little, if any, work.

According to the LAT, this was the first test of this argument, but the LA County DAs office is expected to use this same approach against the city officials in Bell. Also:

In addition to taking aim at the salaries, prosecutors argued that the former council members also abused their position by charging inappropriate bills to the city. Among the most salacious charges: a $1,500 night out at a Guadalajara strip club, where dancers allegedly performed sexual favors for Pedroza and the then-city manager.

Strippers. Always with the strippers.

Random notes: July 24, 2012.

Tuesday, July 24th, 2012

Obit watch: Sally Ride.

Previously noted, but bears repeating: The Lustgarten Foundation for pancreatic cancer research.

Noted without comment. (See also.) (See also.) (See also.)

Faced with a crippling combination of low revenues, high labor costs and decreasing funding from the state, El Monte is moving to declare a fiscal emergency and seek a tax on sugary beverages sold within the city.

More:

El Monte officials said they are not at the edge of bankruptcy but need the sugary drinks tax revenue as a protection against insolvency down the road.

I’m fascinated by the events in Anaheim, but I don’t know what to make of them right now. (More here.)

Banana republicans watch: July 18, 2012.

Wednesday, July 18th, 2012

Joe Wolfe has either resigned or been fired from the Fullerton, CA police department. Former Officer Wolfe was involved in the (warning!) Kelly Thomas beating death (as always, graphic image warning at that link), but has not yet been charged with a crime.

Add Compton to the bankruptcy watch. With a $42 million deficit, I doubt even a tax on rap groups with platinum records will help.

…the city has consistently fallen behind on payments to vendors, including its sheriff’s contract.

Remember when Compton was talking about reopening the Compton PD and spent $1 million on “equipment” before giving up? Good times, good times.

More recently, the city’s independent audit firm refused to sign off on the annual financial statements and quit, after Mayor Eric Perrodin wrote a letter to the state controller’s office alleging fraud might have contributed to the city’s financial issues and asking for an audit.

I’ve avoided blogging this next story because I felt like there was a limit to what my readers (many thanks to both of you) would put up with. Surprisingly to me, though, these banana republican updates have been among the most popular recent posts on my blog. You put up something thoughtful and original, and it gets ignored, but people seem to love California political corruption.

Anyway, there’s an ongoing case involving the Los Angeles Memorial Coliseum and accusations of bribes and kickbacks. The Coliseum is nearly broke, and USC is in talks to take it over.

A bunch of people have been indicted in the case. Former “general manager” Patrick Lynch has already pled to conflict of interest charges and agreed to repay $385,000 he got from a man named Tony Estrada.

Estrada is a former contractor with the Coliseum, and has been charged with “embezzlement and conspiracy”. Estrada is also a fugitive from justice.

Today’s LAT has an interview with the fugitive Mr. Estrada.

Tony Estrada, rocking the ski mask.

No joke. Mr. Estrada claims to be “somewhere in South America”; the interviews that make up the story were conducted by telephone and over Skype. (It is unclear to me how the LAT verified that the man in the mask was actually Estrada.)

And:

Estrada regards himself as a whistle-blower — and some Coliseum officials described him that way in the past — because he came forward to tell a government lawyer and an outside investigator about alleged kickbacks he paid to former stadium General Manager Patrick Lynch and about other purported misconduct by stadium employees. Those payments are the basis of the charges against Estrada, who said Lynch pressured him for money as a condition of keeping his janitorial contract.

This just in: our old friend Cudahy City Councilman Osvaldo Conde (of the bimbo and the badge) has agreed to plead guilty to extortion and bribery. Actually, make that former city councilman: Conde resigned yesterday.

Conde is the last of the three indicted city officials (the others being former Mayor David Silva and former code enforcement head Angel Perales) to take a plea in the case.

Banana republicans watch: July 17, 2012.

Tuesday, July 17th, 2012

Today’s tale is brought to you by the town of San Fernando, where voters are trying to recall three of the city council members.

Fiscal irresponsibility? Criminal acts? Election fraud? No. The oldest motivation in the world.

Councilman Mario Hernandez, who has already resigned (but is still up for recall), was carrying on an affair with Councilwoman Maribel de la Torre. For some reason, he decided back in November to announce this. At a council meeting. In public. With his wife sitting in the front row.

Since then, the relationship has deteriorated, to the point where police were called on June 28th; both parties have restraining orders against each other. Hernandez has asked the DA to drop the domestic violence charges against de la Torre: as you might know from watching “COPS”, or living in California, this decision isn’t up to the alleged victim, and the DAs office states they will pursue charges if the evidence warrants.

More:

If prosecutors refuse to dismiss the case, Hernandez has agreed to testify that police officers persuaded him to pursue the report and get a restraining order.

Former councilman Hernandez may want to be very careful about that. I believe California still has laws against perjury.

Anyway, that’s two down. Number three on the recall parade is the Mayor, Brenda Esqueda, who is accused of having an affair with a sergeant on the police force.

In a memo last year, a police commander claimed he was prevented from placing the sergeant on leave by Esqueda and Hernandez. She told reporters this week, “We might be elected officials, but we still are human beings.”

I’ll have to try the “still are human beings” excuse sometime and see how it works out.

Banana republicans watch: July 16, 2012.

Monday, July 16th, 2012

Ah, San Bernardino. You may remember that the city filed for bankruptcy, and that city officials say the budget figures were falsified for 13 out of 16 years.

Yeah. Well.

Officials in San Bernardino, which announced last week that it intended to file for bankruptcy, had known for years that the city’s finances were becoming critical.

More:

“I told the council two years in a row that, if this continues, we’re going to be looking at bankruptcy. I got criticized for bringing up the word ‘bankruptcy.’ They called it scare tactics,” said former City Manager Charles McNeely, who resigned unexpectedly in May. “The politics of that place are just impossible to deal with.”

And the county sheriff is looking into “allegations of ‘possible criminal activity within departments of the San Bernardino city government”, just for the record.

Art, damn it, art! watch (#30 in a series).

Monday, July 16th, 2012

Jeremy Larner is the “business manager” for someone named Rob Dyrdek; as I understand it, Mr. Dyrdek is a skateboarder who has a show on MTV.

Point is, Mr. Larner is apparently fairly well-to-do, and describes himself as an “art geek”. Mr. Larner has several works by Shepard Fairey in his collection.

About 15 months ago, Mr. Larner won an auction for the right to sponsor a Fairey mural in the children’s wing at L.A. County-USC Medical Center, paying $30,000 for the privilege.

Mr. Larner is unhappy with the outcome and the way he was treated, and is suing for his money back.

I could snark on Mr. Fairey, or on the wisdom of paying $30,000 for his work, but it actually sounds like Mr. Larner has some legitimate gripes.

In a timeline in his lawsuit, Larner contended that he repeatedly reached out to the charity for updates on the mural but received no firm information for months. He said that after numerous queries to project manager Eli Consilvio, he received a prank phone call in November from a mutual friend and fellow art collector.

Part of Mr. Larner’s sponsorship included watching Mr. Fairey paint the mural. Unfortunately, Mr. Larner was “on vacation and unable to attend” when the mural was painted. It isn’t clear to me if this was a big deal to Mr. Larner. But:

As the months wore on, Larner grew frustrated that no dedication ceremony had occurred. [Project manager Eli] Consilvio said he told Larner that the administrative issues with the hospital were causing the delays and thought Larner understood. Larner filed a fraud and breach-of-contract suit in L.A. County Superior Court on June 25, detailing the delays and the prank call.

Crossing the streams.

Friday, July 13th, 2012

More banana republicans: the LAT today has a longer article about the allegations against Cudahy city officials. This is a doozy. Besides the election fraud I touched on yesterday:

Sex, drugs, bribes, and election fraud. This town was out of control.

[Edited to add: Secret decoder ring: “Silva” = former mayor David Silva. “Perales” = former code enforcement head Angel Perales. “G.P.” = an unnamed “former Cudahy official”. “Conde” = councilman Osvaldo Conde, of the bimbo and the badge.]

Random notes: July 13, 2012.

Friday, July 13th, 2012

The crawfish of Lake Tahoe.

No snark here: I think this story is awesome for several reasons.

  1. It is an example of the “defeat invasive species by eating them” strategy.
  2. I like crawfish.

Chuy’s is planning a stock offering. I like Chuy’s Mexican restaurants; they’re the most tolerable TexMex I’ve found in Austin so far, if you can deal with the crowd. But there is something I’m curious about:

Chuy’s was founded in 1982 by Mike Young and John Zapp with a single restaurant at 1728 Barton Springs Road in Austin. The company now operates 32 restaurants in seven states.

Are all the restaurants Chuy’s? A long time ago, the Chuy’s holding company ran the Romeo’s on Barton Springs, but they spun that off (and the restaurant closed several years later). I believe Chuy’s still runs the Hula Hut on Lake Austin, but I can’t find any proof of that. I’m thinking the Chuy’s holding company also runs a couple of other non-Chuy’s, but I can’t find a complete list of their holdings online.

Balko and Reason, among others, have been all over the painkiller issue. The government repeatedly and consistently has attempted to make criminals out of doctors who legitimately prescribe high doses of painkillers for patients suffering from intractable pain. Not just that; the government has stomped on the First Amendment by going after patient advocacy organizations, and has even threatened to shut down pharmacies for filling prescriptions.

As a Libertarian, I come down on the Balko/Reason side. Actually, I think if people want to take painkillers, they should be available OTC without a prescription; heck, let’s have the autonomous Glock/heroin/Oxycodone vending robots now!

But this s–t ain’t helping:

Though the X-ray for a German shepherd had the dog’s name, Recon, and the name of an animal hospital printed on it, the doctor wrote the deputy a prescription for a powerful narcotic painkiller and a muscle relaxant, law enforcement officials said.

On the other hand:

How in the frack did this man even have a license to practice?

Banana republicans watch: July 13, 2012.

Friday, July 13th, 2012

We have previously noted the election results in the notoriously corrupt California city of Vernon.

Well, there’s a new twist. The Vernon Chamber of Commerce asked the LA County voter’s registrar to throw out ten ballots; the CoC claims that the voter rolls included “more than a dozen people” who did not live in the city and were not eligible to vote. The registrar refused to throw out the votes, claiming the evidence provided by the CoC was insufficient.

So on Tuesday night, the Vernon city council, instead of certifying the election results, decided they were going to conduct their own hearing into the claims.

By the way, the council and CoC supported Luz Martinez, who has ties to the Vernon city government. Martinez lost by four votes to Reno Bellamy.

Of note:

Bellamy also alleged that Vernon used taxpayer dollars to fly one of the current councilmen, William Davis, back from his vacation in Italy so he could vote in favor of the new election ordinance, which passed, 3-0. When asked during Tuesday’s council meeting whether the city funded his flight, Davis said, “I don’t want to answer.”

In other news, the NYT would like for you to know that experts do not see municipal bankruptcy as a trend. However, if it is a trend, experts see it as being mostly confined to California.

“Municipalities operate with a lot of autonomy in home-rule states such as California, and that autonomy leads to the freedom to get into trouble,” analysts for Trident Municipal Research said in a report issued Wednesday.

Banana republicans watch: July 12, 2012.

Thursday, July 12th, 2012

Two of the indicted Cudahy city officials – former Mayor David Silva and Angel Perales, “the city’s former interim city manager and code enforcement director”, have pled guilty to extortion and bribery charges.

In related news, now that Silva and Perales have pled, the FBI has released some more documents from the investigation.

The documents show that a city official identified only as G.P. asked Perales and others to make non-residents register to vote in elections. They used an address that belonged to a Cudahy city employee. In exchange, that employee was rewarded with promotions and other favorable treatment, the documents say.

More:

Perales said that when absentee ballots were delivered to City Hall, he and G.P. determined through “trial and error” the best way to open the sealed envelopes without defacing them. “Routinely and systematically,” they opened the ballots. If they contained votes in favor of incumbents, they were resealed and counted. Ballots for non-incumbents were discarded.

And here’s a detail I missed, I think in retrospect because I was on the road at the time. Remember Osvaldo Conde, of the bimbo and the badge? I did not know until I saw the links in the LAT article that he engaged in a five-hour long standoff with the FBI. (George Parr, call your office, please.)

On the brink.

Thursday, July 12th, 2012

The fiscal brink, that is.

From today’s LAT:

Facing the same financial stressors that pushed San Bernardino toward bankruptcy, cities across California are slashing day-to-day services and taking other drastic actions to skirt a similar fiscal collapse.
For some, it may not be enough.

The major examples cited by the LAT are:

  • Vallejo, which filed for Chapter 9 bankruptcy in 2009, because “salaries and benefits for its public safety workers were eating up too much of the general fund”.
  • Stockton, which filed last month “after it was unable to come to agreement with its employee unions and creditors on a plan to close a $26-million gap in its general fund”.
  • Mammoth Lakes, which filed earlier this month because of a $43 million court judgement.
  • and San Bernardino, which “couldn’t close a $45.8-million budget shortfall and would be unable make its payroll this summer”.  As noted previously, the city is also claiming that budget figures had been falsified for 13 out of 16 years.

[San Bernardino Mayor Patrick] Morris, a former judge elected on an anti-gang platform, says the city may have to dissolve its Fire Department or portions of the Police Department, an unavoidable reality when public safety accounts for nearly 75% of the general fund budget. The city would then contract with county and state agencies for those services.

Have you ever noticed how it is always the police and fire departments that they threaten to cut first? You never hear them say “We’re going to cut the budget for big-screen TVs and office furniture”. Always the cops and the firefighters. In this case, that may make sense, especially if they can contract out the services cheaper. But:

Steve Tracy, a fire engineer and spokesman for the city firefighters union, said San Bernardino’s labor groups already gave up $10 million in concessions. He blamed the financial crisis on the mayor and former city manager spending money on such pet projects as a new downtown movie theater.

And is filing for bankruptcy worth it? Let’s ask the people of Vallejo:

The Bay Area city of 112,000 was forced to shut down two of its fire stations and today fixes just 10% of its crumbling roads. Its workforce, including police and firefighters, is about half its pre-bankruptcy size and those people left are “insanely” overworked.
Meanwhile, Vallejo spent $10 million on legal fees. It ended up with employee contracts that Osby thinks the city could have struck more cheaply if it had stayed out of bankruptcy court and turned to the bargaining table.

Municipal pensions may be a growing crisis, and there’s certainly some evidence in the LAT‘s coverage to support that. But of the four major examples they cite, one dates back three years, one involves a court judgement against the city, one may involve falsified financial information provided to the city…and that pretty much leaves Stockton, which might be worth more investigation.