Archive for the ‘Law’ Category

Ah. Memories.

Monday, December 19th, 2011

Remember Randy Adams?

Sure you do. Randy “Hire me to be police chief of Bell and approve my disability retirement at the same time” Adams. Yeah, that one.

It seems that the judge in the case of the “Bell 8” is wondering why Mr. Adams is not on trial.

The DA’s answer to that question is: we didn’t have enough evidence for an indictment. However, the city’s dealings with Adams are part of the charges against Robert “Ratso” Rizzo and Angela Spaccia. Not that there’s anything wrong with the DA picking the cases he feels like he can get indictments on. Just interesting that the judge is asking questions.

Told you so.

Wednesday, December 14th, 2011

Despite his being wanted for a shooting in North Carolina, the man accused of killing a police officer in Brooklyn on Monday was twice released from jail in New York this fall because the authorities in North Carolina declined to have him extradited, Police Commissioner Raymond W. Kelly said on Tuesday.

Grind that axe, NYT.

Tuesday, December 13th, 2011

Stipulated: the death of a police officer doing the right thing is tragic.

But there’s some odd stuff going on in the NYT coverage. For example,

His death at the barrel of a semi-automatic Ruger pistol, the same kind of gun used in the 1993 shootings on the Long Island Rail Road and the sort of firearm that continues to vex the city,

“the sort of firearm that continues to vex the city”? Are there a lot of folks getting shot with semi-automatic Ruger pistols? Would it somehow have been better if the officer had been shot with a Smith and Wesson revolver? And doesn’t NYC have strict gun control laws?

One of them is believed to have stashed his revolver — an unloaded black Smith and Wesson that was jammed — in a dirty microwave oven in the kitchen, where officers found it later.

I realize I’m probably expecting a little much from the NYT, but I’d like more details on how this unloaded revolver was “jammed”.

And:

The police identified the gunman as Lamont Pride, 27, a felon who served a prison term in North Carolina and was wanted by the authorities there for a shooting in August. He was arrested on a drug charge in Brooklyn in November but released.

Isn’t that interesting? I expect we’ll be hearing more about it in the next few days.

Texas Law.

Friday, December 9th, 2011

Lawrence is on top of the UT Law School dean resignation story, but there’s one aspect of this story that troubles me.

From the Statesman:

UT records obtained by the American-Statesman under the Texas Public Information Act show that a number of law professors received sizable funds from the foundation, in some cases hundreds of thousands of dollars.

Mmmmmkay. The Statesman goes on to quote officials with the Law School as saying that “Every member of the faculty with a named professorship or chair gets summer support and/or a salary supplement from the foundation,” and “Sometimes we help people with mortgage loans and things of that sort.” How many people does this amount to? And where does the foundation get funds?

But here’s the thing that makes me go “Hmmmmm”:

The records show that some faculty and staff members at the law school have complained of being underpaid or discriminated against because of their gender, age or ethnicity. In some of those cases, sizable settlements resulted.

Settlements?

Linda Mullenix , a law professor who complained of “pay discrimination,” received a $20,000 raise and a $250,000 forgivable loan. Laura Castro, who had been a spokeswoman for the law school, received $101,292, the honorific title of “visiting scholar” and use of an office for a year.

So was the Law School underpaying people and engaging in discriminatory behavior (or at least, giving people reason to believe such a thing was going on)? And were they using money from this fund to pay off people who otherwise would have sued? Because that’s sure the implication I get from the word “settlement”; that this money was going to folks who otherwise would have gone to court.

If my reading of this isn’t too far off base, it strikes me as being even sleazier than the forgivable $500,000 loan to the dean.

Mumia.

Thursday, December 8th, 2011

I’ve been following the case of Officer Daniel Faulkner for years.

I believe, along with such notoriously conservative sources as Vanity Fair and Salon, that Mumia Abu-Jamal killed Officer Faulkner. I believe that anyone who maintains otherwise, in the face of all the evidence against Abu-Jamal, is delusional. I can respect the people who said “Mumia Abu-Jamal shouldn’t be executed because nobody should be executed.” I understand that position, and respect the intellectual consistency of it. I can’t respect anyone who says “Mumia Abu-Jamal shouldn’t be executed because he should be walking around free because he didn’t do the crime.” The evidence is too overwhelming.

The district attorney in Philadelphia has decided that he’s not going to seek a new sentencing hearing for Abu-Jamal. He will remain in prison for the rest of his life, instead of being executed for killing Officer Faulkner.

I’m torn by this. I believe Abu-Jamal deserves to be executed. I know I’ve threatened to write a longer post about my views on the death penalty (and I will do that some day). People I respect a great deal argue against the death penalty. I’ve given a lot of thought to their arguments, and I’ll admit I’m about 51% in favor, 49% against.

What it comes down to for me is that I believe some people do things so awful to other people that they deserve to die. I believe Ted Bundy deserved to die. I believe Ronald Clark O’Bryan deserved to die. And I think Abu-Jamal deserves to die.

But Officer Faulkner’s widow supports the decision not to pursue the death penalty again. Good enough for me. May Abu-Jamal vanish back into well deserved obscurity, and may he die alone, unmourned and unloved.

More random crap.

Monday, November 28th, 2011

First of all, a couple more obits: Lana Peters. You might know her better as “Svetlana Stalina”, Josef Stalin’s daughter.

I missed this over the weekend (I’ve been distracted, working on my final project for school) but Tom Wicker, noted NYT journalist, passed away on Friday.

…the sputtering economy and municipal budget cuts are presenting new problems for the Tournament of Roses.

Speaking of municipal budget cuts, Lourdes Garcia, one of Robert “Ratso” Rizzo’s employees, has lost her job with the city of Bell.

Garcia is now a witness for the prosecution in the government’s case against her former bosses. She has been granted immunity in exchange for her testimony.

She was making $422, 000 a year until last year, when her salary was cut to $165,000.

We haven’t had a “Spider Man: Turn Off the Dark” update recently. How are things going?

In an interview to mark the Monday anniversary of the production’s first, fumbling preview performance, the producers of “Spider-Man” said they were considering new plans for recouping the show’s record-setting $75 million capitalization. The most unusual idea: adding new scenes and perhaps a new musical number to the New York “Spider-Man” every year, making it akin to a new comic book edition, and then urging the show’s fans to buy tickets again.

The producers also say that they’re not planning on mounting touring companies, but instead want to concentrate on making the Broadway production successful. And this decision has nothing to do with Julie Taymor’s lawsuit. Nothing at all.

Weekly running costs alone for “Spider-Man” total $1 million or more, by far the highest amount on Broadway, while its net income has ranged recently from $100,000 to $300,000 a week. At that rate the show would need to play on Broadway at least five more years — and possibly quite a bit longer — to pay off debts, a run very few shows achieve. In other words, it would need to turn into a hit on par with “Wicked” or “The Lion King” (the latter directed by Ms. Taymor), which after lengthy runs still regularly sit atop the weekly Broadway box office charts.

Bruce Boudreau out as coach of the Washington Capitals.

Up until about five years ago, I drove Loop 360 every day. I still have to drive it from time to time, so I was quite interested in the Statesman‘s coverage of plans to improve traffic flow. The biggest change involves implementing “Michigan left turns”: instead of left turn arrows at the lights, drivers will have to turn right, go down to a median cut, and do a U-turn.

I had plans: if I was ever diagnosed with a terminal illness, I’d go out late one night and blow up all the pointless traffic lights on Loop 360. The “Michigan left” plan doesn’t go quite that far, but I think it is a good step, if properly implemented. However, the plan doesn’t address the other major problem I used to see: traffic backs up horribly at the Loop 360/Mopac (Loop 1) intersection. That area badly needs a massive intersection redesign.

Jersey justice.

Wednesday, November 23rd, 2011

Five teenage boys disappeared on the night of August 20, 1978, in Newark.

Their bodies have never been found.

In July of 2008, Philander Hampton, a convicted drug dealer and thief, told the local police that he had witnessed his cousin, Lee Anthony Evans, murder the boys. Specifically, Hampton claimed that Evans thought the boys had broken into his apartment; Hampton and Evans rounded the boys up, Evans allegedly shut them all in a closet, and then set fire to the abandoned building.

The building was totally destroyed. Searches with dogs and sonar did not turn up any bodies.

Hampton pled guilty to the murders, but under the terms of his plea agreement, he could be released next year.

Evans denied the murders, and represented himself at trial. (An attorney was appointed to assist him.)

The jury acquitted Mr. Evans of all the charges earlier today.

I find this interesting because:

  1. It was a sensational crime. Five teenage boys vanish at once and are never found?
  2. The prosecution rested their case almost entirely on the testimony of a convicted drug dealer and thief. That’s pretty much all they had going for them; they did try to introduce evidence that the judge had barred, and the judge appropriately reprimanded them.
  3. When’s the last time you’ve heard of a defendant who represented himself being successful? Sure, it happens, but rarely, especially in a sensational murder trial.

In other news, the jury in the case of Paul Bergrin couldn’t reach a verdict, and a mistrial has been declared.

“Who is Paul Bergrin?” you cry. He was Newark’s “lawyer to the stars”, where “stars” are defined as “big time drug dealers”. In this case, Bergrin was charged with arranging the murder of an FBI informant so that his client would be able to beat drug charges; the government also alleged that the murder was intended to hide Bergrin’s involvement in supplying large amounts of cocaine to a local gang.

Mostly, this gives me an excuse to link to Mark Jacobson’s piece for New York, “The Baddest Lawyer in the History of Jersey“, which provides an astonishing summary of the allegations against Bergrin.

“Someone got killed, and they were trying to put it on me,” remembers Clay, as he asked to be called. “First-degree murder, can’t fuck with that, so I got Paul. He was the biggest name out there. He drove his Bentley down Clinton Avenue, and it was like, ‘Don’t you punks even think about jacking that.’ Everyone said he was wide open. But I didn’t know how wide open until that day. I’m in his office two minutes. He says he’s looked at my case, and only one witness can hurt me. Then he says, ‘Okay, what are we going to do about this person? She’s a user, right? Why don’t we give her a hot shot? Just stick her.’ ”

It is worth bearing in mind that the allegations against Bergrin are allegations, and haven’t been proven yet. Bergrin is set to stand trial for a grocery list of other charges (“witness tampering, murder-for-hire, fraud, cocaine trafficking and running a high-end prostitution ring”), and can still be retried on the murder and murder conspiracy charge.

Los Zetas.

Wednesday, November 23rd, 2011

I’ve been casually following this story for the past couple of days, and now seems like the time to blog it.

The first reports were that a man had been killed, and a sheriff’s deputy injured, in a shootout. Eventually, it came out that the man who was killed was a truck driver, who was hauling a load of pot; the driver had apparently flipped and was making the delivery as part of a “controlled buy” when he got shot.

Then it came out that the truck driver was cut off by three SUVs. The occupants then got out and shot the crap out of the truck. So this wasn’t a one-off deal; it was an organized hit.

Now, it turns out that this was probably a Zeta cartel operation. And it was all over 300 pounds of pot.

You just never know when things are going to go pear-shaped, do you?

I love New York.

Tuesday, November 22nd, 2011

Cigarette taxes in New York City (this is combined city and state tax) are at $5.85 per pack.

This has led folks to find clever ways around the system: mail order cigarettes, until the government cracked down on that, sales of single smokes, cigarette smuggling…and now, roll your own cigarette shops.

Jonathan Behrins, a lawyer for the companies that own the shops, said Monday that the stores were not obligated to charge cigarette taxes because “we are not producing cigarettes for resale.”

“We are selling the contents that produce the cigarette,” he said, “and it’s up to the user to make them.”

I’m sure it comes as no great shock to anyone that the city disagrees, and is suing the shops in federal court.

“By selling illegally low-priced cigarettes,” said the city’s lawsuit, filed in Federal District Court in Manhattan, “defendants not only interfere with the collection of city cigarette taxes, they also impair the city’s smoking cessation programs and impair individual efforts at smoking reduction, thereby imposing higher health care costs on the city and injuring public health.”

Awwwwww. I feel bad for the Bloomberg administration. No, wait, that’s still heartburn. Never mind.

Legal update for November 18, 2011.

Friday, November 18th, 2011

James Arthur Ray has been sentenced for his negligent manslaughter conviction in the Sedona sweat lodge deaths. (Previously.)

He got two years. That should be enough time to finish a self-help book.

Kirby Brown, Liz Neuman, and James Shore were unavailable for comment.

Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.

Wednesday, November 9th, 2011

(Matthew 25:40)

Three senior officials at Dover Air Force Base in Delaware, sacred ground for the military and the main entry point for the nation’s war dead, knew they had lost body parts of two service members killed in Afghanistan but did nothing to correct sloppy practices at the base mortuary, the Air Force said Tuesday.

Did you read that? They lost body parts.

(ETA: WP coverage.)

The investigation did not uncover what happened to the body parts, but held out the possibility that they fell out of plastic Ziploc bags while stored in a large refrigerator in the mortuary and ended up in tubs with the remains of another service member or perhaps cremated.

But hey! They manage to account for 99.5% of the body parts! Shouldn’t we give them a pass? After all, it isn’t like they work for Penn State…

Joe Paterno’s tenure as the coach of the Penn State football team will soon be over, perhaps within days or weeks, in the wake of a sexual abuse scandal that has implicated university officials, according to two people briefed on conversations among the university’s top officials.

I haven’t had much to say about the story because….well, I haven’t had much to say about the story. I’ve always had a certain fondness for Penn State (my dad went there for a couple of years, and Penn State was his college football team, to the extent that he followed sports), but what can you say about this?

For once, I’m going to point to a FARK thread, which actually contains some good information and links (in addition to the usual FARK Internet Tough Guy BS).

And remember our friendly Orleans Parish prosecutor’s office? They got their butts handed to them by the Supreme Court in oral arguments.

“There have been serious accusations against the practices of your office, not yours in particular, but prior ones,” Justice Sotomayor said. “It is disconcerting to me that when I asked you the question directly, should this material have been turned over, you gave an absolute no.”

“That’s really troubling,” Justice Sotomayor added.

Surprise, surprise, surprise.

Tuesday, November 8th, 2011

Convicted Spokane police officer Karl F. Thompson Jr. is out of custody, pending his sentencing on January 27th.

U.S. District Court Judge Fred Van Sickle reversed a Friday decision by U.S. Magistrate Judge James Hutton, who ordered Thompson detained until sentencing, which has been set for Jan. 27 at 9 a.m. In ruling for Thompson, Van Sickle went against a prior ruling made against officers convicted in the 1992 beating of Rodney King that they were not above the law that requires they remain in jail prior to sentencing except in “exceptional” cases.

“The court is very much mindful that the (Rodney King) case clearly states that there is no law enforcement exemption for law enforcement detention,” said Van Sickle, who presided over the four-week trial in which Thompson was convicted of using excessive force against Otto Zehm and lying to cover up his actions.

Except apparently there is.

Van Sickle cited Thompson’s lifelong service in law enforcement, his “exemplary” military service in the Vietnam War and complying with all conditions of his release prior to his four-week trial in Yakima.

Also worth noting: Thompson’s defense attorney has asked for a new trial, alleging that some of the jurors may have seen press coverage that they shouldn’t have been exposed to. The more coverage I see of these allegations by Thompson’s defense attorney, the less substance I see in them; the allegations are detailed in the linked article for anyone who’s interested.

Important safety tip (#8 in a series).

Monday, November 7th, 2011

If you dine out, in a sit-down restaurant, where someone actually brings food to your table, you should leave a reasonable tip.

I’m generally on the side of 15% as a base, though what I do in practice is double the sales tax. (Local sales tax around Austin is generally 8.25%, so that’s actually 16.5%.) I will tip 20% or 25% if I have a good reason to. I’m not as bothered by an 18% mandatory gratuity on large parties as I used to be; if the definition of a large party meets mine (five people is not large; seven+ is) and if they go above and beyond in some way (splitting the ticket six or seven ways for a party of seven, to me, justifies at least 18%).

In any case, I strongly recommend against a 200%+ tip, especially if you’re on an expense account.

Because if you’re on an expense account and turn in a receipt that shows you tipped the waitress at Hooter’s $24.52 for a mushroom cheeseburger that cost $7.48, somebody in the accounting department is going to ask questions. And eventually they’re going to find out that you tipped the waitress $24.52 to cover your bar tab, since your city expense account doesn’t cover alcohol.

(The heck of it is, I think the city policy is unreasonable. It doesn’t bother me that much for a couple of off-duty cops dining out of town to have a beer or two with their meals, and have the city pay for it. As long as they don’t get messed up and embarrass the city, say, by having the waitress pose with their patrol rifle, I don’t get hot and bothered by adults having a beer. But if they knew city policy was otherwise, and they lied about it because they were too cheap to pay their own bar tab, yeah, fire their butts.)

(If you’re not on an expense account, the above doesn’t apply to you. Feel free to tip the waitress 200%. Or 300%. Or 500%. But keep in mind; she’s not going to sleep with you, no matter how much you tip her.)

Your rogue grand jury update.

Monday, November 7th, 2011

Previously on “As The Grand Jury Turns”, two prosecutors and two court reporters were summoned before a judge to answer contempt of court charges. Specifically, the two prosecutors are accused of obtaining transcripts of confidential proceedings from a grand jury that is investigating the DA’s office; the court reporters are (as far as we can tell) accused of being the ones who gave the prosecutors the transcripts.

Anyway, the hearing was today, and…the judge in the contempt case ended up having to recuse herself, as she may be called as a witness in the contempt case as well.

Chalk up another point for The Hon. Murray Newman.

All your GPS are belong to the State.

Monday, November 7th, 2011

Tomorrow, the Supreme Court takes up the case of United States vs. Jones. The key issue in Jones is: did the use of a vehicle-mounted GPS device, without a warrant, to track the movements of a suspected drug dealer, violate the 4th Amendment?

This may very well be one of the most significant 4th Amendment cases in years. The Ninth Circuit has already ruled, in a different case, that the subject

…couldn’t expect to have privacy in his driveway because it had no gate, no sign against trespassing and was regularly used by letter carriers, delivery services and visitors. Furthermore, the judge noted from an earlier 9th Circuit ruling, “a person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.”

The LAT has an overview of the case, and the issues involved. We’re pretty biased in favor of Jones, and in favor of our hero Judge Alex “Big Al” Kozinski, who wrote:

“The needs of law enforcement, to which my colleagues seem inclined to refuse nothing, are quickly making personal privacy a distant memory.”

There is nothing about GPS tracking that rises to the level of “exigent circumstances” that would justify giving law enforcement a pass on the requirement for a search warrant. We hope that the Supreme Court feels the same way.

(Bonus points to Carol J. Williams for opening with the story of Katz vs. United States, which we have covered previously in this space.)