Archive for the ‘Law’ Category

Marc Randazza, and some thoughts about the First Amendment.

Thursday, March 15th, 2012

Ken over at Popehat has a post up about his friend Marc Randazza. I’m not part of Ken or Marc’s group. I’m not a lawyer, I’ve never met Marc Randazza, and I wouldn’t know him if he walked up to me and punched me in the face while using the word “f–k” repeatedly.

But I wanted to pull together some thoughts on the Hon. Marc Randazaa, and why I’d like to shake his hand and buy him a beer.

I think part of the reason for that is one of the small regrets I have in my life. When I was younger, I was inspired by the work of Nat Hentoff: not as a jazz critic, but as a First Amendment activist. My school libraries had books like The First Freedom and, later on, “The Village Voice” (a week or two behind, but…). For those who don’t remember, the VV ran Hentoff’s column on the First Amendment up until 2008.

I thought seriously about becoming a lawyer. But I didn’t want to be just any kind of lawyer: I wanted to be a First Amendment lawyer. I wanted to fight the good fight for little kids like me who were fighting high school newspaper censorship, and big newspapers and magazines who were fighting the government.

In the end, though, I gave up that idea because I didn’t think I could make any money at it. Don’t get me wrong: I didn’t want to get rich, but I wanted to be able to pay off my loans for law school and buy a new car every few years. Just being a First Amendment lawyer didn’t seem like it would lead down that path.

Many years later, I became aquatinted with Mike Godwin. Yeah, that Mike Godwin. I would recognize Mike if he walked up to me and punched me in the face, though it has been about…greeez, 15 years? since I last saw him in person. (He didn’t punch me in the face then, for what that may be worth.) The thing that strikes me about him, thinking back on that time, is that he did something interesting that I didn’t have the knowledge or ability to do: Mike Godwin was one of the people – perhaps the person – who pioneered Internet law. Literally, Mike pretty much invented a whole brand new field of law from scratch as the first general counsel of EFF.

And then there’s Marc Randazza. Why do I think he belongs in the company of people who make me wish I went to law school? Why do I praise a man I’ve never met? “Because that’s just the kind of hairball you are,” say some of my friends. They’re probably right about that. But:

I’ve been thinking about this since last night, and it seems to me that Marc Randazza is a modern day exemplar of the kind of people Melville Davisson Post was talking about:

And I saw that law and order and all the structure that civilization had builded up, rested on the sense of justice that certain men carried in their breasts, and that those who possessed it not, in the crisis of necessity, did not count.

…

No one of them believed in what the other taught; but they all believed in justice, and when the line was drawn, there was but one side for them all.

…

He was a just man, and honorable and unafraid.

“a just man, and honorable and unafraid”. I like that phrase very much. I believe there is a shortage of people in the world about whom that could be said, but I think it fits the honorable Mr. Randazza well.

Important safety tip. (#11 in a series)

Wednesday, March 14th, 2012

This has been covered on FARK, and my angle on it may be more of a legal tip than a safety one.

However.

While I am opposed to drinking and driving, it helps your court case if you can say you drank something reasonable and innocent sounding. “I had a Grasshopper.” Grasshopper. How threatening does that sound? “I had two Sidecars.” Nice, mellow, classic drink. Gentlemen drink Sidecars. Even “I had two Manhattans” or “I had three Negronis” doesn’t sound too bad.

But when the testimony in court is that you ordered eight of something called a “Mind Eraser”, that doesn’t look so good. Just a suggestion. If you plan to get your s–t f–ked up, you should consider a designated driver and something that doesn’t sound threatening. A nice Long Island Iced Tea or eight, perhaps.

Very, very carefully.

Tuesday, March 13th, 2012

This is a multi-purpose punchline. In addition to “How do porcupines make love?” it also serves as an answer to the question: “How do you steal a three foot tall active beehive?”

Seriously, I have no idea how or why you’d want to steal an active beehive. But let’s watch some Nicholas Cage anyway.

Edited to add: You can get three pounds of bees with a queen for $105 shipped to your doorstep (when these people have them in stock). Other folks have them as low as $90. I realize criminals are a cowardly and superstitious lot, and generally not able to do subtle economic calculations. But still, this seems like a really stupid crime. Perhaps the criminals will try to fence them, and the police can set up a sting operation.

Sorry.

Burn it to the ground and start over. (Part 3)

Monday, March 12th, 2012

For at least six years, the police officers in charge of testing the 20 breathalizyers used by the [San Francisco] Police Department did not carry out any tests on the equipment.

It is possible, according to the linked article, that thousands of drunk driving convictions may be thrown out because the equipment wasn’t properly tested. I wonder if those people are going to get retroactive refunds on their auto insurance premiums?

How and why did this happen?

[District Attorney George] Gascon said there did not appear to be any malicious intent behind the police officers’ actions. He said the coordinators were apparently just too lazy to perform the test required every 10 days.

“just too lazy”.

You may remember, about a year ago, the SFPD had problems with undercover officers lying on reports (among other things), and had to drop charges in dozens of drug arrests. If you don’t, the link above should serve as a reminder.

(Hattip: Insta.)

Obit watch: March 7, 2012.

Wednesday, March 7th, 2012

William Heirens, Chicago’s “Lipstick Killer”, has passed away at 83, after spending 65 years in prison.

Mr. Heirens’ notoriety stemmed from the separate killings of two women, Josephine Ross and Frances Brown, in 1945. At the scene of the second murder, that of Miss Brown, someone had used lipstick to scrawl on a wall: “For heaven’s sake catch me before I kill more. I cannot control myself.”

Heirens was also convicted of killing a six-year-old girl, Suzanne Degnan. He was arrested while committing a burglary in the girl’s neighborhood, and the police claimed his fingerprints were on a ransom note left at the scene of the Degnan kidnapping. While in custody, he allegedly confessed to the Degnan, Ross, and Brown murders, and pled guilty in order to get three life sentences rather than the death penalty.

When he did confess, his memory seemed ragged. Time after time during the plea bargaining, prosecutors brought up details from The Tribune article, which he then incorporated into his testimony. Mr. Heirens recanted his confession soon afterward and maintained his innocence for the rest of his life while being denied parole or clemency numerous times. He questioned the validity of the fingerprints and other evidence, as have public interest lawyers who supported him.

Maybe I should change the name of this blog to “Random Crap Clearinghouse”.

Tuesday, March 6th, 2012

Mike the Musicologist and I were exchanging emails last night about Highlight, the latest “social” application

designed to help you connect with people you don’t know just yet: your Facebook friends of friends.

I observed at the time that what used to be considered creepy stalkerish behavior now had an app for it, and that there was probably a blog post in that. It turns out that, yes, there was a blog post in that – and Tam beat me to it. (Stupid Capstone class. Grumble. Grumble.)

It has been one year since Prakashanand Saraswati disappeared, ahead of his sentencing on charges of indecency with a minor. How close are we to catching him? It looks like law enforcement thinks he’s in Baja, and that he’s running out of funds. Plus, we’re talking about an 82-year-old guy in a wheelchair…

The NYT reports from Whiteclay, Nebraska. You may remember Whiteclay as the wide spot in the road near the Pine Ridge Indian Reservation where beer is sold, leading the Oglala Sioux tribe to file a lawsuit against various parties (including the Whiteclay stores and several brewing companies).

At some point, I need to write a longer and more thoughtful post about this issue. I can almost understand what the goals of the Sioux are, given how hard the reservation has been hit by drinking. At the same time, the Libertarian side of me says “Look, this paternalistic, Prohibition-driven approach to the problem clearly is not working. Maybe you need to find another approach.”

(And I wonder: if the Whiteclay stores stop selling beer, how long will it be before folks start brewing their own beer on the reservation? I’d be shocked to find out it isn’t happening already.)

Edited to add: Oops. Forgot something. “Terra Nova” is dead, and I’m delighted. But what will TMQ have to kick around next season?

More on the Kerry Max Cook case.

Monday, March 5th, 2012

I went around and around about posting this, because I was worried about spoiling the broth boring my readers. But I think this is worth noting.

Over the weekend, David Hanners, the Dallas Morning News reporter who did the early coverage of the Cook case, posted a long comment in response to Michael Hall’s post, “What the ‘Tyler Morning Telegraph’ Failed to Tell You about Kerry Max Cook”.  The Texas Monthly blog promoted that comment to a full post (in the process cleaning up the formatting so it is more readable): that post is here.

Summarizing, Hanners also has issues with the daily paper’s coverage of the case, and doesn’t believe Cook is guilty.

I am probably one of the few people who has gone into Mr. Cook’s case with objective eyes. When I began looking into it, I wasn’t out to prove him guilty or innocent; frankly, I didn’t care. My reason for looking into his case was to try and answer a very simple question involving the administration of justice: Why did it take the Texas Court of Criminal Appeals nearly eight years to rule in his initial appeal?

Hanners also mentions a couple of things about the police investigation that I didn’t know, and are frankly shocking. The police apparently did not interview the victim’s co-workers until they complained, then “the detectives went out to the school and basically waited for people to come to them—in full view of Mr. Mayfield. [the other suspect in the case -DB]”

Then there’s the missing stocking. Police initially found just one sock at the crime scene. The prosecution claimed that the killer mutilated Linda Edwards body, and took body parts away from the crime scene in one of her stockings. Apparently, there were no body parts taken…

When the jurors in the first retrial had the trial exhibits back in the jury room, they opened the sealed evidence bag containing Ms. Edwards’ jeans, pulled them out and held them up. The “missing” stocking dropped out. The cops couldn’t even find a stocking in a pant leg.

And, now that there’s DNA pointing to someone else…

I clearly remember David Dobbs, the prosecutor handling the retrials, telling me prior to the testing that they were excited about the prospects of a test because the semen sample “could only have been left by the killer.” Those were his exact words to me, and I remember him saying it as if it were yesterday. So then the sample is sent away for testing, the deal with Mr. Cook is offered and accepted—and then the results come back showing the semen belonged to someone other than Mr. Cook. Suddenly, the prosecution’s story changes. Now they say, “Well, of course it was somebody else. But Mr. Cook is still the killer.”

Gregg Easterbrook to the white courtesy phone, please…

Friday, March 2nd, 2012

Between 22 and 27 defensive players on the New Orleans Saints, as well as defensive coordinator Gregg Williams, maintained a “bounty” program funded primarily by players in violation of NFL rules during the 2009, 2010 and 2011 seasons, the NFL announced Friday.

Holy crap. The Saints were paying their defensive players to injure opposing players.

In some cases, the amounts pledged were both significant and directed against a specific opposing player, according to the league’s investigation.

I’m going to out myself here as something of a closet Saints fan, at least since Katrina. I thought they had a great comeback story, and I was delighted when they won the Super Bowl (especially after being so historically bad for so long).

But this? This is beyond the pale. This doesn’t even compare to what the Patriots did; say what you will about Bill Belichick, but illegal videotaping doesn’t even begin to come close to what the Saints have been doing.

This is the kind of thing where the NFL needs to get out in front of this story now. There’s talk of suspensions, fines, and giving up draft choices; my first reaction is that some people need to be tossed from the league for life. Gregg Williams, who is now defensive coordinator with the Rams, participated. Mickey Loomis, the Saints GM, was told by both the team owner and the NFL to shut down any bounty program that may have existed (the NFL has been investigating since 2009); he did not. Coach Sean Payton “was aware of the allegations, did not make any detailed inquiry or otherwise seek to learn the facts, and failed to stop the bounty program. He never instructed his assistant coaches or players that a bounty program was improper and could not continue,” according to the NFL

I would start with lifetime bans for Loomis and Williams, and a suspension for Payton, and work from there.

In other breaking TMQ related news, Anne Arundel County Executive John R. Leopold has been indicted on charges that he misused his personal security detail. This is still a breaking story, and details are sketchy, but the WP is currently stating that he had his security detail drive him to parking lots and wait around while he “engaged in sex acts with another county employee.” (Apparently, they used a separate vehicle for the sex acts, not the one the security detail was hauling Leopold around in. So at least he’s got that small element of class going for him.)

And more from the legal beat.

Friday, March 2nd, 2012

Continuing with the Kerry Max Cook coverage, the Tyler Morning Telegraph ran a story today about the case. There are some things mentioned in the Telegraph story that were not mentioned in the previously noted Hall story.

However, Hall disputes many aspects of the Telegraph‘s coverage, and has put up a second post in response.

In non-Cook related news, Durham County, North Carolina, is about to have their third prosecutor in five years. Prosecutor #1, Mike Nifong, was notoriously disbarred for his conduct in the Duke lacrosse case.

Prosecutor #2, Tracey Cline, has been removed by a judge because…she’s apparently batshit insane.

Really. I am not making that up. Rather than go into details here, I will point you to Patrick over at Popehat (who quotes parts of Cline’s statements, and has a link to the court’s opinion removing her from office), because:

1) I haven’t linked to Popehat recently.

b) I want to encourage the Popehatters to post more.

III) Patrick works in a reference to one of my favorite Al Pacino scenes.

In addition, Durham-In-Wonderland is also on the Cline beat: here and here, so far.

The strange case of Kerry Max Cook.

Friday, March 2nd, 2012

Over at the Texas Monthly web site, Michael Hall has an interesting blog post about the case of Kerry Max Cook.

To be honest, I’d heard the name, I’d seen some of the press coverage, but I never quite had a handle on what happened with this case. Hall’s post is a pretty good introduction.

In brief, Cook was charged with the 1977 murder of Linda Edwards. He was convicted at his first trial in 1978: ten years later, the Dallas Morning News exposed various issues from the first trial (a lying jailhouse snitch, a detective who claimed he could tell how old fingerprints were). Cook was granted a retrial in 1991.

The second trial ended in a hung jury. During that trial, even more evidence of prosecutorial misconduct came out in court. Cook was tried a third time in 1994, and was found guilty (again) and sentenced to death (again).

That third conviction was reversed in 1996 by the Court of Criminal Appeals, which specifically called out the misconduct on the part of the prosecution and police.

Cook, for various reasons, ended up entering a no-contest plea “in which Cook would maintain his innocence while only acknowledging the evidence the state would offer to try and convict him” before the fourth trial. DNA testing (the results of which became available only after Cook’s plea) seems to point to another man as the actual culprit. Cook is attempting to get additional DNA testing done, and to get a declaration of actual innocence from the Texas courts.

The entire case is much more complex than I’ve outlined here; I commend Hall’s post to your attention.

(Hattip: GFB.)

Skippy update.

Thursday, March 1st, 2012

The homeowner’s association has called off the dingos.

Edited to add: It appears that that was the same link as in the previous entry, but the HouChron just updated it in place rather than putting up a new link (note the 5:25 PM timestamp).

Throwing some stuff at the wall to see if it sticks.

Thursday, March 1st, 2012

The HouChron has an updated story about Skippy the Therapy Kangaroo.

He added, “What are they gonna do, go door-to-door and force everyone to give up their pet snake or gerbil or hamster, or even a dog or cat?”

Well, generally, gerbils, hamsters, dogs, and cats are considered “household pets”. If the HOA went to court over those, they’d almost certainly lose; I think you’d have a hard time convincing a judge and/or jury to rule otherwise. Snakes may be a little more questionable as household pets (depending on the size and perhaps the number of snakes), but I think there’s enough precedent that the pet owner would probably win. A kangaroo? I still think that’s pushing things.

I’m Larry, this is my brother Darrell, and this is my other brother Clipper Darrell. I think the most shocking aspect of this story, and one that I have not seen mentioned elsewhere, is: the Clippers have fans? We are talking about one of the most incompetently run franchises in sports history here…

I think everyone knows by now that Andrew Breitbart passed away. I don’t have much to say beyond that; if you’re looking for discussion, I’d recommend Patterico or your other favorite web sites. I feel certain Battleswarm will have a lively discussion once Lawrence has time to put up a post.

This is a few days old, but worth noting: a longish LAT piece on HitmanForHire.net.

Important safety tip (#9 in a series).

Wednesday, February 29th, 2012

Let us say, just for the sake of argument, that you are a police officer.

Let us say, also just for the sake of argument, that you like to go to bars in your off-duty hours and meet women (or men, depending on your particular gender bias).

Let us also say that you are at a bar one night, meet an attractive person of the appropriate gender, and you’d like to get their phone number and address.

Now, as a police officer, you have extraordinary access to look this kind of thing up. You may be tempted to make use of that access. You might want to wait until your next shift and then run your subject through police databases, the way the Mafia Cops did. If you’re desperate enough, you may think you can call up someone who is on duty, tell them you’re investigating a crime, and get information that way.

Julie Fisher told The Spokesman-Review that she was working as a waitress at Sullivan Scoreboard the night Edwards came in. She described his actions as “crazy.”
Fisher said Edwards made advances on almost every woman in the business. She said she found him in the women’s bathroom harassing “a woman trying to use the toilet” at closing time.

Yeah, that kind of desperate. Anyway, all of this may sound like a good idea at the time. It isn’t.

Because when the police department gets a complaint from the woman whose door you were banging on early in the morning, they are going to fire your ass.

Extra bonus point 1: It also doesn’t help if you’ve spent 10 months on suspension, with pay, while the police department looks into your relationship with an “unlicensed bounty hunter”.

Extra bonus point 2: Guess the city and police department. Go on, guess.

I’m not generally a big fan of Justice Department supervision of police departments, but Spokane is starting to look like a place that needs adult supervision for their police department. Or maybe they just need to fire everyone and let the National Guard police the city while they rebuild the department from scratch?

Ah, Spokane.

Wednesday, February 29th, 2012

Garden city of Washington state.

Brad Thoma was a sergeant with the Spokane Police Department up until 2009. That year, he was charged with driving while intoxicated and hit and run: apparently, he hit a pickup with his personal vehicle and fled the scene.

Thoma received “deferred adjudication” in the case, which basically meant that if he kept his nose clean for a certain amount of time, the charges would go away. As part of the agreement, he had to have an ignition interlock installed on any vehicles he drove, according to state law at the time. This would be awfully inconvenient to put on a police car, so Thoma was offered a non-driving desk job. He turned down that offer, so the Spokane PD fired his butt.

Now we’re in 2012. Thoma, of course, complained after he was fired, and the “Washington State Human Rights Commission” negotiated a settlement in which Thoma would be rehired as a detective and get $275,000 in back pay.

The Spokane City Council, in their infinite wisdom, rejected the settlement.

And Thoma is suing, claiming he was discriminated against due to his disability, namely alcoholism.

If you want to read the FARK discussion, I’d recommend hitting yourself repeatedly with a ball peen hammer until the urge goes away. If it doesn’t go away, the thread is here.

And, yes, I usually don’t cover stuff that is on FARK, but:

1. Mike the Musicologist sent it to me as blog fodder, and

b. It reminded me of another former Spokane police officer that I hadn’t checked on recently. So how’s Karl F. Thompson Jr. doing these days? (You remember former officer Thompson, don’t you? He beat Otto Zehm to death.)

Well…

Here is a particularly noteworthy quote:

Although the state’s top police trainer concluded that the fatal 2006 confrontation with unarmed janitor Otto Zehm was indefensible, the department’s own instructors and the city’s legal advisers have insisted that Spokane police officers were justified and handled the encounter appropriately.

Skippy the Therapy Kangaroo.

Wednesday, February 29th, 2012

This one goes out to Mike the Musicologist, who was a big fan of Skippy when he was younger.

So there’s a family in the Spring area (near Houston) that has a special needs child. (According to the press coverage, the child is 16 years old; the nature of her special needs is unspecified.)

In order to assist the child, the family got a service animal for her.

A service kangaroo.

And now the family’s HOA wants the kangaroo gone, asserting it is “not a household pet.”

I have a hard time deciding who to side with here. I don’t have a high opinion of most HOAs, but I figure they’re a choice you make when you buy a home. However, I question whether this is an enforceable requirement; what defines a “household pet”, and does Federal law trump the HOA restrictions when it comes to “service animals”?

On the other hand, getting your special needs child a vicious Australian animal (yes, I realize “vicious Australian animal” is redundant) as a “service animal” doesn’t exactly strike me as being the smartest thing in the world, either.

(Here’s the opening of “Skippy the Bush Kangaroo”. Apparently, you can get the first season on DVD, at least in some parts of the world.)

Edited to add: Actually, you can get the entire series on DVD, but it won’t do you much good unless you live in Australia or have a region-free DVD player.