Archive for the ‘Law’ Category

Obit watch: June 3, 2011.

Friday, June 3rd, 2011

I’m really sorry, but I don’t have a damn thing to say about Jack Kevorkian. Not even snark.

I also can’t say much about James Arness. I want to say I’m a little too young for “Gunsmoke”, but it ran until 1975, when I would have been 10. I can’t understand why I don’t have any memories of it. It may have been something my family didn’t watch, but if so, I don’t recall why.

Elmer “Geronimo” Pratt has also died, and that’s kind of an interesting story. Pratt was a Black Panther leader who was convicted of murder in 1972. His conviction was overturned in 1997; the judge ruled that the prosecutors at Pratt’s murder trial had hidden evidence that could have pointed to Pratt’s innocence. (“Pratt maintained that the FBI knew he was innocent because the agency had him under surveillance in Oakland when the slaying was committed in Santa Monica.”) Pratt later settled a lawsuit over his conviction for $4.5 million.

Finally, by way of Popehat: Joel Rosenberg, author and firearms rights advocate, died yesterday. Condolences to his family.

Quirks.

Wednesday, June 1st, 2011

Bruce Malkenhorst was convicted of misuse of public funds last week.

As part of Malkenhorst’s plea, he got three years of probation, as much as $35,000 in fines and penalties, and he must pay Vernon back $60,000 in restitution.

Keep those numbers in mind.

Mr. Malkenhorst was the city administrator for the corrupt city government of Vernon, California, a city government so corrupt that the state legislature is trying to disincorporate the city.

However, Mr. Malkenhorst, as city administrator, is not an elected official.

Why does that matter?

Mr. Malkenhorst, as a non-elected official, gets to keep his retirement pension. California law only allows for the revocation of pensions for elected officials.

Did I say “retirement pension”? I meant, “his $500,000 a year retirement pension“.

He pays about $100,000 in fines and restitution, gets three years of probation, and still comes out $400,000 ahead just in the first year.

Nice work if you can get it.

Time to do the happy dance!

Saturday, May 28th, 2011

I received an email from the Texas State Rifle Association fairly late in the day yesterday.

Senate Bill 321, aka “the guns in parking lots” bill, has passed both houses of the Legislature, and is on the way to the Governor’s desk for signature.

I haven’t been able to find much press reporting about this. According to the TSRA email, there are some limited exemptions involving people servicing oil and gas wells on leased property, and school district employees. Also, according to TSRA, people in the petro-chemical industry have to have a CHL, but are allowed to keep rifles and shotguns, as well as handguns, in their vehicles.

Everyone else, including those employed by college campuses, can now keep a firearm and ammunition out of sight in a locked personal vehicle.

I am both delighted and eager to see how this plays out. Well done, TSRA. Well done.

Darn it.

Saturday, May 28th, 2011

Apparently, I’m not getting invitations to the right kind of weddings.

(Seriously, I wanted to link to this post because it is excellent advice from Ken, and not the kind of advice that can be easily summarized as “Shut the hell up.“)

Books in brief: Boomtown DA

Friday, May 27th, 2011

The population of Houston, Texas in 1960 was 1,364,569. By 1980 the population was 2,754,304, or slightly more than doubled in twenty years.

A reasonable argument can be made that the period from 1960 to 1980 marks the end of the Texas frontier era, and the beginning of the modern Texas era. My family moved to the Houston area fairly late in that period. I remember reading the daily newspaper (we were a Chron family), and it seemed that there were giants in the earth in those days. Carol Vance was one of them. Boomtown DA is his story.

(more…)

Public service announcement.

Thursday, May 26th, 2011

Since this weekend is a national drinking holiday, the Austin Police Department would like for you to know that it’s perfectly okay for you to get totally trashed on booze and then drive and/or boat.

Can someone explain to me why you’d ever purchase a personal watercraft, at least if you live in Austin? It seems that personal watercraft are banned on the lakes every single damn holiday: if you do own one, when can you use it?

Ah, what the heck, I’ve been meaning to link this for a while, and the national drinking holiday makes it relevant: bonus Negroni related content just for Glen. I may have to pick up a bottle of Campari and some sweet vermouth this weekend.

Your May 25, 2011 bulletin from the Department of WTF?!

Wednesday, May 25th, 2011

This by way of FARK: I’m breaking with policy because…it’s just so mind-croggling.

Since 2006, Alvarado’s supervisors at the Northside Independent School District Police Department had reprimanded or counseled him on at least 12 occasions — six for not following orders. In other cases, Alvarado failed to show up for assignments, and his bosses appeared to suspect him of lying.

Alvarado was suspended at least four times, and his supervisors warned of impending termination four times — once even recommending it.

Four suspensions. Six incidents of insubordination.

In two separate cases, Alvarado was suspended for collecting evidence that disappeared, including an MP3 player and fingerprint cards.

Where is this going? Back in November, Officer Alvarado once again disregarded the orders of a supervisor and went chasing after a suspect: a 14-year old boy who punched a classmate in the face. Officer Alvarado ended up shooting the unarmed 14-year old.

The San Antonio Police Department has ruled the case a justified shooting. The Bexar County district attorney’s office still is investigating.

And there are parts of his story that don’t add up:

“The suspect bull rushed his way out of the shed and lunged right at me,” Alvarado wrote. “The suspect was literally inches away from me, and I feared for my safety.”

Tracing the bullet’s path into the boy’s chest as it ricocheted off the pancreas, colon, right liver and left kidney and exited the stomach, an autopsy report notes a lack of gunpowder on Lopez’s bloodstained T-shirt.

“There is no evidence of close range firing of the wound,” the report concludes.

Quotes of the day.

Wednesday, May 25th, 2011

One serious, one not so serious, both from Boomtown DA by Carol S. Vance.

(Background for young people and non-Texans: Vance was the District Attorney for Harris County from 1966 – 1979. More than likely, there will be a longer post about this book once I finish it.)

It is the duty of the district attorney in Harris County, Texas (Houston included) to represent the State of Texas in all serious criminal cases. That includes the misdemeanors carrying jail time which are tried in our County Criminal Courts at Law and the felonies tried in our District Courts.

It is the duty of the district attorney not just to convict but to see that justice is done. [Emphasis added. -DB]

The “Claude” in the next quote is Claude Langston, who was an investigator for the D.A.’s office. As Vance puts it, “Thirty years in the homicide division gave Claude a nose for finding witnesses and good barbecue.” (“Orange” refers to the glass bottled soda, not the fruit itself.)

Claude often said, “You know, even sittin’ outside in August in ninety-nine degrees isn’t so bad if a man has some good barbecue and a large orange. That’s just part of a good homicide case.”

The saga of Maurice Pierce.

Monday, May 23rd, 2011

The long-awaited Statesman profile of Maurice Pierce finally ran on Sunday.

My feeling is that the Statesman glosses over a few things. Yes, Pierce may not have been guilty of the murders, but what was a 16-year-old doing carrying a pistol at the mall?

And why did Pierce react so violently to traffic stops? He was arrested in 2006 for not paying three minor traffic tickets issued in 2003, he punched someone in a traffic altercation in 2007 (and was fined $200 on a disorderly conduct charge), he got into an altercation with a cop in Plano after being pulled over for doing 70 in a 40 (this led to charges of aggravated assault on a public servant and evading arrest), and the final incident that led to his death started as a traffic stop for running a stop sign.

“Maurice stated that he hates cops and that he did not want to go to prison,” the report said.

With the possible exception of the Plano incident, which Pierce escalated, nothing on his rap sheet would have led to prison.

So what was his major malfunction?

Random notes: May 19, 2011.

Thursday, May 19th, 2011

Things have been kind of slow the past couple of days. Please accept this random collection of crap in lieu of actual content.

Today’s update from our “the street finds its own uses for things” file: “Mexican organized crime groups are using ultralight aircraft to drop marijuana bundles in agricultural fields and desert scrub across the U.S. border.

Speaking of Neuromancer, there’s more talk about it finally becoming a film, with Vincenzo Natali (“Splice”) directing. I’ll believe it when I see it.

Back at the ranch, the City of Austin

…must retest more than 2,000 firefighter applicants amid concerns that some of them could have obtained confidential questions that they were asked in oral interviews.

I’m a little surprised that they had over 2,000 applicants in this most recent batch. I’m also wondering exactly what those questions were…

I also wanted to touch briefly on our fun city council elections. Yes, we had city council elections last weekend. Three seats (out of a total of six) were up this year. Two of those seats were retained by the incumbents (Chris Riley in place 1, and Laura Morrison in place 4) by pretty large percentages (66 and 73 percent of the votes, respectively.)

Place 3 is held by Randi Shade, who is finishing up her first term on the city council. Shade was initially a favorite to win re-election, but there was a controversy over some emails she sent, one thing led to another…and Shade got her butt kicked, badly, finishing second in a four-way race. Shade just barely managed to get into a runoff with the first-place candiate, Kathie Tovo; Tovo pulled in 46 percent of the vote, and it seems unlikely that the supporters of the other two candidates (former city council member Max Nofziger and Kris Bailey) are going to throw their votes to Shade.

(Tovo was also endorsed by the local alternative weekly; the way I read their endorsement, though, it was a close decision between Tovo and Shade. I’ve been unable to find endorsements from the last election on the alt-weekly’s crummy web site, so I don’t know if they endorsed Shade last time around.)

Tovo’s supporters are already calling on Shade to concede and spare everyone the cost of a runoff. Shade’s response? She’s filed an ethics complaint against Tovo. I’m looking forward to watching this one play out. Note to self: vote early.

This just in: remember the SWAT officer who flipped his cop car and was charged with drunk driving? Yeah, he’s out, pending the decision of the arbitrator. Our buddy Art also suspended six other cops who were supposedly at the party with him. Unclear from the current Statesman article is what the grounds for suspension were, or how long the suspensions were for.

Edited to add 5/20: Here’s a better Statesman article with more details on who was suspended for how long and why.

Chutzpah.

Wednesday, May 18th, 2011

The classic definition is, of course, the guy who murders his parents and then asks the court for mercy because he’s an orphan.

I think we may have a new one: the Fiesta Bowl wants their illegal campaign contributions refunded.

Pour out a fifth for the fourth.

Wednesday, May 18th, 2011

First, the Indiana Supreme Court ignores hundreds of years of common law and asserts that there is no right to resist illegal entry by the police. I didn’t write about that decision because it’s been well written about here, here, and here, all by people much smarter than I am.

Next, the United States Supreme Court decides, 8-1 (!), that the police can basically create their own “exigent circumstances” in order to justify entering anyone’s home without a warrant.

And now, the RIAA is pushing for legislation that would allow warrantless searches of CD and DVD manufacturing plants. Apparently, if the police actually had to go to the trouble of getting a warrant, people making bootleg discs would flush them down the toilet…

The American Civil Liberties Union questioned the constitutionality of the bill but so far has not opposed the measure because it said the bill appeared to be narrowly drawn.

Say what?

The RIAA argued that courts had carved out 4th Amendment exceptions already. So far, it said, warrantless searches have been allowed at such businesses as automobile junkyards and repair shops, mines, gun and liquor stores, nursing homes, massage parlors, pawn shops and wholesale fish dealers.

“wholesale fish dealers”?

 

Why we should worry about the Chinese.

Monday, May 9th, 2011

One word: diversification.

The first person indicted in a plot to smuggle anti-aircraft missiles into the United States after the 9/11 attacks was sentenced Monday in Los Angeles federal court to 25 years in prison.

More:

A federal jury convicted [Yi Qing] Chen last October of five felony charges: conspiracy to distribute methamphetamine and cocaine; distribution of cocaine; trafficking in counterfeit cigarettes (about 800,000 cases); trafficking in contraband cigarettes; and conspiracy to import missile systems designed to destroy aircraft.

Meth, coke, cigarettes, and missile systems? Most crooks specialize in one or two areas, but not Mr. Chen; he apparently wanted to be the Wal-Mart of smugglers. You’ve got to give the guy props for ambition.

Edited to add: Darn it, I just realized; if he had done something with booze (untaxed maotai?) he could have had the trifecta.

Art (Acevedo) damn it, Art! watch (#O of a series).

Thursday, May 5th, 2011

We have been covering the ongoing struggle between Officer Leonardo Quintana and the Austin Police Department: the APD kept firing Officer Quintana, and Officer Quintana kept being reinstated by arbitrators.

The verdict is now in on Officer Quintana’s latest appeal. Officer Quintana is now ex-Officer Quintana.

Mexican “gun” ducks!

Monday, April 25th, 2011

I’m kind of stepping on Weer’d Beard’s territory here (sorry, Weer’d), but this HouChron story is too fascinating and disturbing to pass up:

At the largest mass grave site ever found in Mexico, where 177 bodies have been pulled from deep pits, authorities have recovered few bullet casings and little evidence that the dead were killed with a gun.

Instead, most died of blunt force trauma to the head, and a sledgehammer found at the crime scene is believed to have been used in the executions, according to Mexican investigators and state officials.

More:

On Thursday, cartel gunmen sacked the city of Miguel Aleman, across the river from Roma, Texas, tossing grenades and burning down three car dealerships, an auto parts outlet, furniture store and gas station.

Of course, they bought those grenades at gun stores and gun shows in the United States.

…authorities are still looking for an entire bus loaded with passengers that vanished on the border in March.

And:

The savage method of execution is also unexplained, with shuddering investigators left guessing at the deranged mental state of the killers.

Clearly, what Mexico needs is stronger sledgehammer control. And to sue American sledgehammer manufacturers.