Archive for the ‘Law’ Category

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.

Quintana update.

Friday, February 10th, 2012

The final charge (criminal mischief) against former APD officer Leonardo Quintana was dropped Thursday.

As you may recall, Mr. Quintana was acquitted by juries on three other charges; he was also fired by the APD and reinstated by arbitrators several times before his most recent termination (which seems to have stuck).

Stuff. And things.

Wednesday, February 8th, 2012

Obit watch: noted British SF author John Christopher.

Here’s the latest I’ve been able to find in the HouChron on the Rangers/FBI/Harris County DA. It doesn’t add a whole lot to what was reported yesterday, alas.

Paul Farhi in the WP writes about press coverage of the Lance Armstrong probe, including his own paper’s coverage.

Weer’d beat me to this one, but: carry your damn guns, people.

Break 1-9, good buddy…

Tuesday, February 7th, 2012

There isn’t a whole lot known at this point, but various news sources are reporting that the Texas Rangers and FBI are questioning staff members at the Harris County DA’s office.

Both the HouChron and KTRK are reporting that the questioning allegedly involves the DA’s investigation into the grand jury, and not the BAT vans that the grand jury was investigating.

More on this when we know more.

Eye the Jury.

Friday, February 3rd, 2012

More 185th Grand Jury stuff:

Lykos and her defenders were claiming they didn’t do anything out of the ordinary; they were just Googling folks, which, after all, anyone can do.

Not quite. It seems that the Harris County DA’s investigator also used something called Accurint. Accurint is not a publicly accessible system; it is a service that the county pays for, and which requires that you certify a “permissible use” before obtaining information. Defense attorney Mark Bennett has more about Accurint over at his blog, “Defending People”, which I commend to your attention.

And, of course, The Hon. Murray Newman is on the case as well.