Archive for the ‘Law’ Category

The latest news from Bell.

Tuesday, February 28th, 2012

A judge has tossed out one of the felony charges against a former mayor of the city of Bell, and two felony charges against a former council member.

Both Oscar Hernandez and Luis Artiga, however, still face felony charges for allegedly collecting excessive pay for sitting on city boards and commissions that rarely, if ever, met.
Hernandez and Artiga are among six former council members in Bell who were charged in a massive public corruption case that left the city near bankruptcy. One charge was dropped against Hernandez. Two charges were dismissed against Artiga, who had accepted two cash loans.

According to an earlier LAT piece, Robert “Ratso” Rizzo was also asking for the charges against him to be dropped; I can’t tell from this article if the judge turned down that request, or simply hasn’t ruled yet.

Edited to add: Update: Ratso and Angelia Spaccia lost their bids to have the charges dismissed.

Oh, dear.

Tuesday, February 28th, 2012

Tommy Tuberville, head football coach at Texas Tech, is being sued for investment fraud:

A federal lawsuit filed Friday in Montgomery, Ala., names Tuberville, John David Stroud and eight investment entities as defendants, claiming the two men “employed devices, schemes, and artifices to defraud” seven plaintiffs from Arkansas, Alabama and Tennessee.

The linked HouChron article doesn’t add much beyond that. As always, please keep in mind that these are just the plaintiff’s allegations in a law suit, and that there are two sides to any lawsuit. But this comes at a bad time for Tech, no matter what turns out to be true.

Book blogging.

Friday, February 24th, 2012

I generally don’t blog recent book acquisitions. While doing so would probably give me fodder for at least one post every three days or so, most of what I purchase wouldn’t be of interest to other bloggers; I do buy some SF and mystery firsts, but not as many as other people I can name. Most of what I do buy is primarily of interest to me.

That being said, I did pick up a couple of books recently that might tickle the fancy (or the funny bones) of some folks; I’m thinking specifically of Lawrence and Tam here.

Yes, you are reading that correctly: the title of the book is They Were Murdered In France. This is a fairly old (1957) true crime book consisting of 15 vignettes involving British citizens who were….murdered in France. I haven’t started reading it yet (I just got it out of the PO Box) but judging from the jacket copy, it appears that Mr. Harry J. Greenwall did not have a high opinion of the French police, or of Interpol.

A few weeks ago, there was an interesting discussion over at Tam’s place about gun porn in adventure fiction. On the one hand, you have the guy carrying a generic revolver. On the other hand, you have Tam’s Jock Studright example. (Stephen Hunter falls in the “just right” position for me. For example, in Havana, he has Earl carry a Super .38, and there’s a key scene where Earl explains exactly why. But that scene, while lovingly describing the advantages of the Super .38 (known today as the .38 Super), also serves to advance Earl’s characterization; Hunter uses that discussion to show what kind of person Earl is, and how he thinks.)

Anyway, the two most notorious exemplars of the way over the top weapon description school of writing are Jerry Ahern in The Survivalist books (“…two stainless-steel Detonics Combat Master .45s carried in an Alessi double-shoulder rig”) and Don Pendleton in the Mack Bolan/Executioner books (“The AutoMag, however, had a mind of its own. It roared out fire and massive disgust, hurling 300 grains of splattering death…”)

The Executioner’s War Book is almost the Platonic ideal of Jock Studright. It isn’t a book in the “Executioner” series, per se: rather, it consists of a biographical sketch of Pendelton, fan letters from readers, notable excerpts from the previous books (“notable” in the sense of either giving insight into Bolan’s character, or involving particularly bloody Mafia deaths, or both), a summary of the series to that point…

…and pretty much right in the middle, a catalog of Bolan’s weapons and equipment, including lovely line drawings of such things as his “War Wagon” and the scope-sighted Marlin 444 lever action, a paen to the AutoMag, exploded drawings of the M2 and the Uzi, and so on. This works out to about 45 pages of weapons porn in a 201 page book. I’ve never been a huge Bolan fan, but this was just so weird I had to pick it up.

Unintended consequences.

Thursday, February 23rd, 2012

We previously noted New York City’s “roll your own tobacco shops” which were not much more than a blatant attempt to get around cigarette taxes. (I thought I linked to this at the time, but I can’t find the link now; the shops reached a settlement with the city and closed down, last I heard.)

Well, now the Indian tribes have gotten into the act. You see, the tribes used to buy smokes wholesale from distributors and resell them, tax free. But the state of New York went to court, and got a ruling that requires the wholesalers to collect taxes.

Now the Indian tribes are making their own brands of cigarettes.

The tribes argue that because they are sovereign nations, the cigarettes they make are exempt from the state’s $4.35-a-pack excise tax, the highest in the United States. But the tobacco industry and owners of other convenience stores say tribal cigarette manufacturing is just an elaborate form of tax evasion.

And there’s rent seeking:

The New York Association of Convenience Stores, which had urged Mr. Cuomo to collect taxes on name-brand cigarettes sold by tribes, is now pushing the governor to target Indian brands. “There remains an enormous tax-evasion problem to be addressed,” James Calvin, the association’s executive director, said.
David Sutton, a spokesman for Altria, the parent company of the country’s largest cigarette maker, Philip Morris, said, “All cigarettes sold to non-Native American New Yorkers need to be tax-paid — regardless of who manufactures them — or New York State will continue to lose legitimate and significant tax revenue, and law-abiding retailers will continue to be impacted by cigarette tax evasion.”

Speaking of cops…

Thursday, February 23rd, 2012

There are two things that amuse me about the NYPD’s secret “Newark, New Jersey Demographics Report”:

  1. The number of “Identified Locations” that are fried chicken places. “Newark Fried Chicken”. “Kansas Fried Chicken”. “Utah Fried Chicken”. Utah Fried Chicken? “Detroit Fried Chicken and Pizza”: hey, mad props for diversification. “Chicken Holiday”? Not much of a holiday for the chicken after you cut it up and fry it, is it?
  2. The NYPD managed to find the Dunkin Doughnuts (page 52). The jokes, they just write themselves.

More Grits.

Wednesday, February 22nd, 2012

Sorry, folks. I had to go to the eye doctor this morning, so I’m getting off to a slow start.

In the latest Scott Henson news (previously) APD has released the video. You can find it at the Statesman‘s site, where it autoplays. (Idiots.)

I haven’t watched it yet, primarily because I got the full monty from my eye doctor, including the drops in my eyes. My pupils are now the size of Rhode Island; thank ghu for those silly sunglasses like things. In addition, work has me in a full-on “Hulk smash!” mode. More later. Maybe.

Annals of law (number 2 in a series)

Monday, February 20th, 2012

Today’s Statesman reprints a lengthy AP article by Kristen Gelineau about the Azaria Chamberlain case, tied to a new coroner’s inquest starting Friday. (This will be inquest number four.)

You remember Azaria Chamberlain? And her mother Lindy Chamberlain? Right?

This one goes out to my friend A.T. Campbell, the world's biggest Meryl Streep fan.

Yes, this is the famous “Dingo ate my baby!” case. For the younger set and the non-true crime buffs: the Chamberlain family was camping at Ayers Rock when Azaria (who was nine weeks old) disappeared. Lindy Chamberlain said she heard a cry, went to check on Azaria, and saw a dingo leaving their tent. Azaria’s jumpsuit was found in the desert; dingo tracks and blood were found in and near the tent.

There was considerable doubt at the time (and for that matter, today) that a dingo could carry off a baby. There was also some forensic evidence that, at the time, suggested Lindy Chamberlain had killed her daughter. (That evidence has since been debunked; details are in the linked article.) Lindy was convicted of murder, and her husband Michael was convicted as an accessory.

Three years after the conviction, Azaria’s jacket was discovered near a dingo den. (Azaria’s body has never been found.) Lindy and her husband were released from prison days later.

This is a pretty complicated case, with strong elements of prejudice. (The Chamberlains were Seventh-day Adventists.) I’ll admit to not having read Evil Angels so I may be missing some details. I do wonder if inquest number four is going to bring any more closure to the case than we already have.

APD/Scott Henson update.

Sunday, February 19th, 2012

I was busy much of the day yesterday (and chained to my desk doing schoolwork much of the day today) so this is the first chance I’ve had to blog the Statesman‘s followup to the Scott Henson story.

Basically, Chief Acevdeo showed a Statesman reporter video of the incident – video that hasn’t been released to the public – that he claims contradicts Henson’s story. As far as I can tell, the contradictions amount to:

  • APD didn’t draw Tasers.
  • APD disputes that Henson was “handcuffed roughly”.

I’m glad I waited, since Henson now has a response to Acevedo and the Statesman up at his own blog. In his response, Henson acknowledges the non-drawn Taser error, but disputes the handcuff issue.

Henson also makes another good point by way of an apology:

I was wrong to assume the deputy constable called in the cavalry. With 20/20 hindsight, having reviewed all the materials the chief showed me (which is more than the press has seen so far), she’s the one who did it right, investigating a serious allegation without needlessly scaring a child or applying more restrictive force than was necessary to contain the situation. She also told APD moments before they detained me that she’d spoken to the child, gave them her name, and said I was her Grandpa. My apologies for my original, false interpretation, both to the deputy and Constable Danny Brown’s shop.

To me, that’s sort of the key issue: why did nine APD officers stop, detain, and handcuff someone the deputy constable had already spoken to and cleared?

HCDA stuff.

Friday, February 17th, 2012

I missed this last night: the Texas Rangers are asking for a special prosecutor to assist in their investigation of the Harris County District Attorney’s office.

I learned of the HouChron article by way of  The Hon. Murray Newman, who points out this is the fourth special prosecutor appointed to investigate the HCDA’s office since October.

Also, just to make things a little easier, I added a “HCDA” sub-category to the law category, and edited posts appropriately. Now everything I’ve posted (AFAIK) related to the Harris County District Attorney’s office is in one place, for easy review. Just part of the full-service blogging experience here at WCD, no need to thank me.

APD update.

Thursday, February 16th, 2012
  1. The Scott Henson incident (previously) gets coverage from the Statesman.

    “You have to investigate to determine if the grandfather is supposed to have the child,” Hipolito said. “To me, he’s making it into more of a racial thing.”

    That’s interesting. To me, he was making it more of a “why did it take 9 APD officers to sort this out, especially given my previous interaction with a deputy constable?” thing. But that’s just me.

  2. APD also fired two more officers, and suspended two supervisors.

    Michelle Gish was fired for punching a woman (who was restrained on a gurney) for spitting on her. Jose Robledo was suspended for giving “false and inaccurate statements during the investigation” of the same incident. Sgt. Mark Breckenridge was suspended for 20 days for failing to “adequately investigate the use of force” in the same incident, and Cpl. Steve Jones was suspended for 10 days “because he witnessed the incident but did not submit his report about it until told to do so by a superior, and he approved reports related to the incident that were inaccurate or incomplete”.

    Gish and Robledo can appeal. I have seen reports elsewhere indicating that Breckenridge can’t, because suspensions over 15 days require the agreement of both the officer and the city. I’m not sure about Jones and his ability to appeal.

Annals of Law (part one of a continuing series)

Wednesday, February 15th, 2012

Gerhard Albert Becker has been charged with involuntary manslaughter.

The charge against him is the result of a fire in January of last year that killed Glenn Allen, a firefighter with the Los Angeles Fire Department. Allen was killed, and several other firefighters injured, in a ceiling collapse while they were fighting a fire in what the LAT describes as a “Hollywood Hills mansion”.

Okay. So why is this odd? Well, Becker isn’t the homeowner. Becker isn’t an arsonist. He didn’t start the fire. But it had not always been burning since the world’s been turning: the home had recently been rebuilt.

No, Becker is the architect who designed the home. I’ve never heard of a case where an architect has been charged as a result of a fire death. But when you read the article…

Prosecutors allege that Becker, a German national, built an 18-foot “fire trough” through the home despite being warned of the dangers it may cause. It was described as an oversize indoor fire pit.

Wow. That’s…interesting. In the “tragedy waiting to happen” sort of way. More:

…the attic was equipped with plastic pipes for fire sprinklers. The fire melted the pipes, flooding the attic and filling the insulation with water. The weight of the insulation appears to have caused a large section of the ceiling to collapse, injuring Allen and five other firefighters, officials said.

I’m not familiar with LA building codes. Is plastic pipe considered acceptable for sprinkler systems?

(The comments on this story are interesting as well. Apparently, the home was given a certificate of occupancy. Doesn’t that imply an inspection by the building department? I can see that they may not have gone into the attic to look at the sprinkler system: you’d expect that, but maybe the inspector was pressed for time? Or lazy? Or that’s not a standard part of inspections? But wouldn’t an 18-foot indoor “fire trough” have made them say something?)

Edited to add: Longer article from the LAT. If the accusations in this article are true (and please keep in mind that this is just the prosecution’s case), they’re damming.

Building inspectors said Becker had told them there were no plans to build fireplaces in the home, and none were spotted during a final inspection. After the fire, investigators discovered that he had installed four outdoor fireplaces inside the home, a violation of city building codes.


…

According to a search warrant affidavit, the manufacturer of the fireplaces warned Becker that they were for outdoor use only. Records show he replied in an email, “I am aware I just don’t see the difference. It is a pit with a pipe.”

…

One of the fireplaces, prosecutors allege, actually vented into the room where it was located. The fireplaces also included combustible materials, like drywall, and lacked required firebreaks to keep flames from spreading out.

On the DA Front…

Wednesday, February 15th, 2012

The Texas Rangers searched the Harris County DA’s office yesterday, and took documents and computers with them.

DA Lykos says she asked the Rangers to investigate, and promised full cooperation.

More on this when we know more. Don’t hold your breath; you’ll just turn an unattractive shade of blue.

Fear of fire, and other random notes for February 15, 2012.

Wednesday, February 15th, 2012

I just do not understand this. I get that prisons in other countries are overcrowded and not up to US standards. But I just can’t wrap my mind around that many people dying in a fire in the modern era.

Some stuff from the NYT:

They caught Edward Maher in Missouri last week. Who?

On Jan. 22, 1993, the authorities say, Mr. Maher disappeared along with an armored car he was driving for Securicor. It was found abandoned a half mile from Lloyds Bank in Felixstowe, on England’s east coast, emptied of £1 million in bills and coins.

His wife and 3-year-old son had already left for the United States. The money was never found.

Coach Susan Polgar is leaving her championship program at Texas Tech and going to Webster University in St. Louis. Worse for Tech, she’s taking the top ten players on her team with her to Webster’s program.

By the way, Coach Polgar is the chess coach.

Last April, Texas Tech won the Final Four of Chess, a competition in Herndon, Va., among the top collegiate teams in the country. It was Texas Tech’s first championship since Ms. Polgar arrived at the university.

Let us enrage you.

Monday, February 13th, 2012
  1. Sunday’s Knoxville News Sentinel ran a long piece on former judge Richard Baumgartner. Baumgartner presided over the high profile cases of Channon Christian/Christopher Newsom and Raynella Dossett Leath. He was also a bad guy: Baumgartner shook down his staff for OxyContin and other painkillers, became involved with a former defendant in his court (and had her procure drugs for him), and apparently engaged in even more misconduct (hidden in sealed TBI files). And Baumgartner’s erratic behavior went on from at least 2007 to 2011. Four years of an addict presiding over criminal trials. (Hattip: Insta.)
  2. Also by way of Insta:

    A three-month Sun Sentinel investigation found almost 800 cops from a dozen agencies driving 90 to 130 mph on our highways.
    Many weren’t even on duty — they were commuting to and from work in their take-home patrol cars.

  3. And from Balko, for a change-up: the story of Scott Henson, who was stopped and detained by nine Austin Police Department officers while walking his five year old granddaughter home. Henson is white: his granddaugher is black, and they were stopped by the APD immediately after a previous encounter with a deputy constable.
    So far, this is outrageous. Of course we only have one side of the story, but does Henson have any reason to lie about this? I hope he pursues this. I hope he forces a full investigation by an external third party, not APD. And if all of this is true, I hope people loose their badges and jobs over this. Including Chief Acevedo.

No roses for Donna Lee Kelly.

Friday, February 10th, 2012

Donna Lee Kelly was killed in 2004. Her body was found stuffed in the trunk of her car.

No arrests were made until a few days ago, when the LA County Sheriff’s Office arrested Richard Allan Munnecke. According to LACSO, they have DNA evidence that links Munnecke to the murder.

This would ordinarily be a cold case of the type I don’t usually cover, but there’s two things that make it interesting:

  1. Munnecke is a former director of the Tournament of Roses parade. “Munnecke was music committee chairman for the Tournament of Roses in 1998-99 and Bandfest director in 1997.” It is believed that Munnecke and Kelly met, and developed a romantic relationship, while both worked on the parade.
  2. In spite of the fact that LACSO has DNA evidence, and apparently DNA evidence that was strong enough for them to make an arrest, the DA is refusing to file charges. This just seems odd to me. Maybe I don’t understand the way cops and the DAs office work, but I would have figured that LACSO would have gone to the DA with their evidence (especially on a cold case) in advance, and said, “Look, if we make an arrest, will you prosecute, given what we’ve got?” Am I wrong? Do they not talk to each other?

Edited to add 2/11: Longer followup story in the LAT, which goes into more detail about the evidence and the DA’s rejection.