Archive for the ‘Law’ Category

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.

The war on online poker.

Friday, April 15th, 2011

I haven’t seen much reporting about this elsewhere: executives of PokerStars, Full Tilt Poker and Absolute Poker have been indicted on charges of bank fraud and money laundering.

The LAT is reporting that Full Tilt’s domain has been seized by the F.B.I. I’m not in a position to check that at the moment.

Random notes: April 5, 2011.

Tuesday, April 5th, 2011

The NYT has discovered the underground trade in “loosies”: sales of loose cigarettes. A “legal” pack, with taxes, goes for $12.50 (thus sayeth the Times); the “loosie” dealer profiled in the article sells loose cigs for 75 cents each, two for a buck, or $8 a pack ($7 if he knows you). And business is good, Mayor Bloomberg.

Tilman Fertitta and the Landry’s chain are trying to purchase McCormick & Schmick’s Seafood Restaurants. Good luck with that.

Random notes: April 4, 2011.

Monday, April 4th, 2011

Should the Chowchilla school bus kidnappers be paroled?

Sagra Italian Restaurant damaged by fire. The SDC ate there, and, well…we wish the owners the best, even if we can’t say we were wild about the restaurant.

I intended to blog this a few days ago: the latest APD suspension is for 90 days. In this case, the officer in question “was rude to a citizen and initially gave misleading statements to investigators”.

Oh, sure, you laugh at me for picking the Cubs to win it all. But I’ll point out that the Cubs have actually won a game this year, unlike certain other teams (cough cough Houston cough cough) I could name.

April 1, 2011.

Friday, April 1st, 2011

Things that have made me laugh today, as of about noon:

EFFector 24.11. “…undergraduate degrees in Facebook Privacy Settings”.

The PLAYMOBIL ™ Apple ™ Store playset.

The new project from His Scalziness. (The prologue is up at Tor’s site.)

The NYT falls for another April Fool’s joke. Popehat has the details.

Paolo Bacigalupi and the bacterial colony formerly known as Peter Watts are collaborating on a new shared world anthology. “‘We expect suicides,’ said Watts. ‘And maybe a Nebula.'”

Updated about 1:30 PM:

“‘Spider-Man: Turn Off The Dark’ Gains Sentience, Hungers For The Flesh Of the Living“. (Hattip: Pope Scalzi the First.) Mostly because this line had me rolling on the floor:

…not seen since Andrew Lloyd Webber’s disastrous musical comedy version of “The King In Yellow,” which opened a dimensional rift to a world of freakish cat-people who terrorized Broadway for eighteen years, receiving mostly positive reviews.

¿Dónde está el dinero?

Tuesday, March 29th, 2011

The NYT has an interesting investigative story on the Fiesta Bowl. Or, rather, on the Fiesta Bowl’s money.

The Fiesta Bowl management and staff have apparently been spending the money taken in by the Fiesta Bowl’s 501(c)3 on some questionable items. And when I say questionable, I mean “jail time is a possibility” items: campaign contributions, strip clubs (of course. It always has to be strip clubs.), a $30,000 birthday party (how do you spend $30,000 on a birthday party for an adult human? Unless that birthday party is at a strip club. Or, apparently, Pebble Beach.), airfare and hotel for an employee’s honeymoon (plus airfare for Fiesta Bowl employees to attend the wedding). Those are the high points.

The item that really leaps out at me is $75 for flowers. The flowers were for someone at the University of Texas, and were apparently sent in an attempt to influence that person into accepting the CEO’s daughter into “a honors program” (Plan II?). $75 is such a penny-ante amount; surely the CEO could have come up with $75 out of his own pocket. And why send flowers at all? A phone call would have done just as well. “Nice football team you have there. It’d be a shame if you didn’t get a bowl bid this year because my daughter didn’t get accepted into Plan II.”

The best thing about this? It could cost the Fiesta Bowl both tax-exempt status and BCS bowl status. As a matter of fact, it appears some of the impetus for this investigation came from an anti-BCS group. I wonder what other skeletons are going to turn up in the Orange and Sugar Bowl closets. I also wonder if this is the first hammer blow at the Berlin Wall of the BCS.

Edited to add: For those who don’t want to deal with the NYT, here’s a HouChron story on the firing of bowl CEO John Junker, which covers some of what was in the NYT report. Here’s a direct link to the public release version of the special committee report (which has some information redacted due to “contractual confidentiality provisions”).

My milkshake brings all the boys to the yard…

Friday, March 25th, 2011

…where I promptly bludgeon them to death. At least, the rich ones.

An American who drugged her investment banker-husband with a milkshake and bludgeoned him to death more than seven years ago was convicted of murder Friday at her second trial in a case that grabbed world attention with lurid details on the breakdown of a wealthy expatriate marriage in Hong Kong.

Seagal update.

Thursday, March 24th, 2011

The Steven Seagal cockfighting bust story raised some obvious questions, such as what was he doing on a raid in Arizona when he’s a deputy chief in Louisana.

Seagal’s explanation was that he was “on loan” from Louisiana. This raises some more interesting questions, such as: does the Jefferson Parish Sheriff’s Office frequently loan out reserve deputies to other departments? Especially other departments a thousand miles away?

By way of Balko, we learn of another explanation: Seagal isn’t with JPSO any longer.

Indeed, according to Sheriff Normand, who once played host to Seagal’s A&E reality series Steven Seagal: Lawman, the tough-guy Akido master resigned rather than face an internal affairs investigation by the JPSO into allegations of sex trafficking and sexual assault raised in a 2010 lawsuit by an ex-employee.

Granted, this is one of the New Times alternative weekly papers, so I’d take much of the article with a grain of salt. (Especially the parts about the more salacious allegations against Seagal: remember, anybody can allege anything they want in a lawsuit, and the complaint quoted in the article was dropped.) But the statements in the article about Seagal’s status with JPSO are direct on-the-record quotes from named sources, so I give those a lot of credibility.

Even more police professionalism.

Wednesday, March 23rd, 2011

We’re just jam-packed today, aren’t we?

The LA County Sheriff’s Office is planning to fire six deputies, all of whom worked on the third floor of the men’s jail.

According to the LAT‘s reporting, the six deputies in question “allegedly were part of a clique that had certain gang-like characteristics, including three-finger hand signs, representing the third floor”.

But, hey, is esprit de corps a crime? Or even a termination offense?

No. But beating up your fellow jail employees at the Christmas party is.

Six on two, guys? Really?

More police professionalism.

Wednesday, March 23rd, 2011

There’s a rather interesting article in today’s NYT about an incident in the town of Massapequa Park, which has a high concentration of active duty and retired police officers in its population.

Basically, the police got a call about a man threatening people with knives.

In short order, more than a dozen police officers — even that count is murky — converged that Saturday evening in Massapequa Park on one house, making for an overpopulated scene that was difficult to control, with officers who did not know one another, their guns out.

By the time things were over, the guy with the knives had been shot dead. And an officer with the transit police shot and killed a plainclothes Nassau County police officer.

Also in the NYT, the Miami PD has shot and killed seven people in eight months. All seven were black. All of the officers involved were Hispanic. Some folks have a problem with this.

Community leaders also expressed outrage that a 12-year veteran of the city’s gang unit, Ricardo Martinez, shot and killed two men within nine days last August. Officer Martinez returned to his job six days after fatally shooting one man, then shot and killed another three days later. Before the shootings, he was under investigation for allegedly selling seized phones.

Not from the NYT: the Fort Worth city council approved a $400,000 settlement with Chad Gibson.

You may not remember Mr. Gibson’s name, but the case got a fair amount of attention at the time. In brief, Fort Worth PD and TABC investigators decided to “inspect” the Rainbow Lounge, which is described as a “gay bar”.  Somehow, during the process of “inspection”, Mr. Gibson received a serious head injury.

The bar inspection by Fort Worth police and commission agents sparked protests and complaints of police brutality. But investigations by police and the commission concluded that no excessive force was used. An agent had said that Gibson fell and hit his head while handcuffed outside the club.

Still, the commission fired two agents and their supervisor, citing policy violations, and Fort Worth Police Chief Jeff Halstead gave three officers one- to three-day suspensions.

Edited to add: Okay, I’ll throw this one in, too, since the previous three links were kind of negative. Ten bicyclists riding in Central Park were ticketed on Tuesday morning for exceeding the speed limit. (The cyclists were doing 25 MPH at a time when cars are not allowed on the roads. The posted speed limit for cars is 25 MPH, but bicycles are subject to a lower 15 MPH speed limit.)

The punchline? The police have withdrawn all the tickets and are apologizing in person to city residents.

Edited to add 2: Oh, this is just awesome. The Maricopa County Sheriff’s Office (yes, that’s Joe Arpaio’s outfit) raided a guy’s home and arrested him…for cockfighting.

But that’s not the best part of the story. Would you believe MCSO used a tank in the raid?

But that’s not the best part of the story, either. Would you believe Steven Seagal was along for the raid?

[Robert] Campus [attorney for the guy who was arrested -DB] said he believes the entire scene was basically a stage, to help actor Steven Seagal’s TV show, “Lawman.”

That’s interesting. My understanding was that Seagal was a reserve deputy with the Jefferson Parish sheriff’s department in Louisiana, and “Lawman” was supposed to portray his work with that department. I’m a little unclear as to whether Seagal is still a reserve deputy, since there was some controversy (and the show was suspended for a time) over the lawsuit against Seagal. (That lawsuit has been dropped.) I know “Lawman” has picked up again, but is it not set in Jefferson Parish now? Is Seagal traveling around the country from department to department? Or did he pick up another gig with MCSO? Anybody know? Is anybody willing to admit in public that they watch “Lawman”?

(I’ll confess: Mike the Musicologist recorded a few episodes for me, and a group of us watched the first one. That’s as far as I’ve gone; I haven’t seen any of the second season.)

(Hattip: Say Uncle.)

Police professionalism watch.

Tuesday, March 22nd, 2011

The sprawling metropolis of Tomball, Texas is spending a $40,000 grant from the Department of Justice to purchase…a gyroplane.

It is unclear from the linked article if the pilot will have to strap a colander to his face. It is also unclear what a gyroplane will accomplish that can’t be accomplished by a UAV (which the Houston Police Department actually has some experience with, unlike the gyroplane, which is not in use by any other police department in the United States).

In other news, Chief Art Acevedo has suspended two Austin Police Department officers.

Officer #2 was suspended for “failing to yield to two pedestrians crossing Barton Springs Road in a crosswalk in December”. According to the Statesman, the officer was responding to an emergency call, but did not have his lights and sirens on, and did not actually hit anyone. He was suspended for a day.

What did Officer #1 do? Well, he went out to a call at a local home (at 2:30 AM on New Year’s Eve). While inside the home, it appears he was standing on a table trying to search the attic when the table tipped over and the officer fell.

Unfortunately, the officer had his booger hook on the bang switch of his weapon when he fell, causing it to go off

…and strike an officer “in the tops of both feet. The other officer was injured and required medical treatment.”

The officer in question has been suspended for three days. Beyond what is quoted in the article, there is no update on the current medical condition of the officer who was shot in the feet.

Random notes: March 18, 2011.

Friday, March 18th, 2011

Obit watch: Ferlin Husky.

Shocked, shocked I am:

…a department that is severely dysfunctional on every level: one that regularly uses excessive force on civilians, frequently fails to investigate serious crimes and has a deeply inadequate, in many cases nonexistent, system of accountability.

In other news, I have not been able to find a current execution date for Antoinette Frank.

Keeping with our trend this morning of depressing our readers:

One of the largest private organizations in the world dedicated to caring for former racehorses has been so slow or delinquent in paying for the upkeep of the more than 1,000 horses under its care that scores have wound up starved and neglected, some fatally, according to interviews and inspection reports.

Here is the Charity Navigator page for the Thoroughbred Retirement Foundation. Note the rating.

Gonzaga!