Archive for the ‘Law’ Category

Random notes: March 3, 2011.

Thursday, March 3rd, 2011

I went to the fights last night, and a case of chronic traumatic encephalopathy broke out.

Sirhan Sirhan has been turned down for parole for the 13th time. What’s interesting about this article is that it focuses almost as much on Sirhan’s lawyer, William F. Pepper, and Pepper’s previous efforts:

Pepper says [James Earl] Ray, who was convicted of killing King two months before Kennedy was slain, was framed by the federal government and that King was killed in a conspiracy involving the FBI, the CIA, the military, the Memphis police and organized crime figures from New Orleans and Memphis.

This gives me an excuse to plug Hampton Sides’ excellent (and Edgar-nominated) book Hellhound on His Trail: The Electrifying Account of the Largest Manhunt In American History, about the killing of King and the manhunt for Ray. I picked it up about two weeks ago, and read the first 300 pages in one night. The only reason I stopped there was because I was dozing off. Sides’ book has an amazingly strong narrative drive for a true crime work; it reads very much like a good novel.

I’m not going to say it deserves the Edgar;  I haven’t read any of the other nominated books (I did pick up The Killer of Little Shepherds: A True Crime Story and the Birth of Forensic Science last weekend, but haven’t had a chance to read it yet.) but I do commend Hellhound to your attention.

This is not a strategy I had considered for driving up page views, but good for the Austin Bulldog.

Edited to add: This is the closest thing I’ve found to a discussion of food items at the Houston Livestock Show and Rodeo this year. No photos. I’d apologize, but I don’t want a photo of the “Pulled Pork Sundae”, which frankly sounds disgusting.

For you see I’m on the legal beat…

Wednesday, March 2nd, 2011

I love a good heist. But it has to be a good one; that is, there has to be an element of panache to it, not just a random smash and grab. Something like this:

Los Angeles police detectives sought help from the public Tuesday to identify two armed burglars who stole several million of dollars in jewels after tunneling into a downtown jewelry store.

From a second LAT article about the heist:

Investigators said the burglars dug the tunnel at a key point that avoided structural obstacles, allowing them to get in and out quickly.

I’ve previously mentioned Where the Money Is: True Tales from the Bank Robbery Capital of the World in this space. Chapter four, “The Hole in the Ground Gang” discusses a group of bank robbers who pulled off a series of robberies by digging tunnels from the sewer system under and into bank vaults. That group was never caught, and apparently retired from the business. I wonder, though…

A nearly unanimous Supreme Court ruled Wednesday that the First Amendment protects even hurtful speech about public issues and upheld the right of a fringe church to protest near military funerals.

Right decision. Westboro is still a bunch of jackasses.

This decision got a lot of press yesterday. I’m kind of hoping one of my legal readers can explain why:

The Supreme Court ruled Monday that a shooting victim’s statement to the police at a crime scene can be used in court, even if the victim later dies and cannot testify at a trial.

I’m confused because I’ve always understood “dying words” to be an exception to the hearsay rule. (Wikipedia is not a lawyer. Wikipedia is not your lawyer. Neither am I. Contents may settle in shipping.) What exactly does this decision change?

“…the mysterious affair of Lieutenant Chevis and the Manchurian partridge”

Tuesday, February 22nd, 2011

We consider ourselves to be connoisseurs of murder. Not the drive-by shooting or the street homicide (unless Snot Boogie is involved) but more the kind of murders described by De Quincey’s characters.

Anyway, we were previously unaware of the bizarre murder (or was it?) of Lieutenant Hubert G. Chevis until today’s Dinosaur Comics (really!) brought it to our attention, and we, in turn, commend it to yours.

Crime watch.

Friday, February 18th, 2011

Eric Delacruz and his buddy Fernando Romero were convicted of the murder of Sonia Rios Risken yesterday. Why is this noteworthy? Well, when the LAT article begins

The prosecutor and defense attorneys agreed on at least one thing: Sonia Rios Risken was a loathsome person.

That kind of makes you take notice. At the time of her death, Risken was being investigated by the FBI in the death of her second husband, who was killed while visiting Risken’s relatives in the Philippines.

Her first husband, a retired Marine, was shot to death 19 years earlier under suspiciously similar circumstances.

And then Risken herself was capped; Delacruz was her grandnephew, and apparently expected to inherit Risken’s estate.

It turned out Risken had no will, so much of her money went to her closest living relative — her son.

By way of Balko, we learn that Charles Stobaugh has been convicted in the murder of his wife, Kathy Stobaugh. Ms. Stobaugh disappeared the day before her divorce became final in 2004. I can’t work up the indignation of Balko over this: “despite no body, no physical evidence of a crime, and no proof the alleged victim is actually dead.” All of these things are true, but a murder conviction without a body is not unheard of (see Anne Marie Fahey). In addition:

Witnesses testified that Kathy Stobaugh disappeared Dec. 29, 2004, after meeting Charles Stobaugh at his farm northwest of Sanger to discuss their pending divorce.

If she had a plan to leave that night, [prosecutor Cary] Piel said, her plan had to have started with a phone call. The farm is secluded and Kathy Stobaugh couldn’t have walked. She was 12 hours away from a default divorce, yet she would have had no money, no credit cards and no vehicle.

Further:

Cary Piel reminded the jury of all the testimony that showed she had not accessed her bank account, credit cards and cellphone, and had not tried to contact anybody since that night.

Yeah, the evidence is circumstantial. But, to quote Thoreau, “Some circumstantial evidence is very strong, as when you find a trout in the milk.”

In other news, the LAPD apparently has a lead in the 2002 murder of two men in Studio City.

As they delved into the case, detectives uncovered an intriguing back story that included a Playboy cover model, a $40-million Wall Street investment ponzi scheme and an ill-fated bid by Tardio to sell as much as $700,000 worth of jewelry purchased with ill-gotten proceeds.

If the $75,000 reward being proposed in this case isn’t enough, surely the chance to see it dramatized on Law and Order: Los Angeles is an additional incentive.

Speaking of Ponzi schemes, we neglected to note the alleged Amish Ponzi scheme yesterday, so let’s fix that now. (This also gives us a chance to tell our favorite Amish joke: “What sounds like this: Clip clop clip clop clip clop clip clop BANG! Clip clop clip clop clip clop clip clop…” “An Amish drive-by.”)

And, finally, it was anarchists who burned down the Texas Governor’s Mansion in 2008. At least, that’s what the Texas DPS is saying now. Hey, at least it wasn’t nihilists. We would post a Crimestoppers!, but the DPS claims to know who at least three out of four of the anarchists are.  So we’ll ask some questions instead:

Does the United States have an extradition treaty with Neptune?

Wednesday, February 16th, 2011

We have previously mentioned the odd case of Triton Financial.

Yesterday, the former head of Triton was indicted on charges of money laundering, wire fraud, and securities fraud.

If convicted of the most serious charges against him, Barton could face up to 30 years in prison.

(I love how the Statesman says he was indicted on “nearly three dozen criminal charges”. Because it’s too much trouble to provide an exact number, like 33.)

Today’s bulletin from the Department of WTF? (#2 in a series)

Tuesday, February 8th, 2011

If you want a pretty constant diet of WTF moments, the best thing you could do is subscribe to The Agitator‘s RSS feed. Be warned, though, that Balko’s collection of “WTF” moments is also likely to lead to an increase in your blood pressure.

Sometimes, something just jumps out at me from his site that goes beyond the usual “WTF” moments. This story is one of those moments.

Short summary: Barney Brown was arrested at the age of 14, tried in juvenile court for a rape and robbery, and acquitted. But that’s not the “WTF?” part. The prosecutor put him on trial again for the same crimes as an adult. He was convicted, and sent to prison for life.

This took place in 1969. Barney Brown served 38 years.

The fact that one trial took place in juvenile court and the second in adult court doesn’t matter. There is clearly settled case law on this; once Barney Brown was acquitted in juvenile court, jeopardy protections applied. The prosecutor had no authority, no right, no legal ground, and no business trying Barney Brown again in an adult court.

This is the kind of egregious misconduct by a prosecutor that, I believe, rises to a standard where the shield of “sovereign immunity” can, and should, be pierced. In a just world, that prosecutor (if he is still alive) would be in prison right now, and his assets would be signed over to Barney Brown.

Random notes: February 8, 2011.

Tuesday, February 8th, 2011

There are a couple of interesting things in the NYT this morning.

J. Paul Getty III passed away over the weekend. That’s a name (like Koo Stark, he said, tipping his hat in Lawrence’s direction) I hadn’t thought of in years. Getty was most famous as the victim of a kidnapping “by Italian gangsters” during which his ear was cut off. I knew he was something of a party animal, but I was unaware of his 1981 stroke (apparently the result of an overdose). I was also unaware that Balthazar Getty was his son.

Meanwhile, Los Angeles (and specifically LACMA) are trying to figure out how to maintain the Watts Towers, and how to get more tourists to a part of town that’s most famous for riots.

And the NYT has made their move:

…“Spider-Man” is not only the most expensive musical ever to hit Broadway; it may also rank among the worst.

Yes, this is a real review.

I would like to acknowledge here that “Spider-Man” doesn’t officially open until March 15; at least that’s the last date I heard. But since this show was looking as if it might settle into being an unending work in progress — with Ms. Taymor playing Michelangelo to her notion of a Sistine Chapel on Broadway — my editors and I decided I might as well check out “Spider-Man” around Monday, the night it was supposed to have opened before its latest postponement.

The fallout from the NYT decision should be interesting. The pin has been pulled from Mr. Grenade. He is no longer Ben Brantley’s friend. On the other hand, Charles McNulty in the LAT has Brantley’s back:

Julie Taymor’s $65-million, accident-prone production, featuring an erratic score by U2’s Bono and The Edge, is a teetering colossus that can’t find its bearings as a circus spectacle or as a rock musical.

And it looks like Peter Marks in the WP is standing with Brantley and McNulty:

What’s apparent after 170 spirit-snuffing minutes in the Foxwoods Theatre – interrupted by the occasional burst of aerial distraction – is that director Julie Taymor, of “The Lion King” fame, left a few essential items off her lavish shopping list:

1. Coherent plot

2. Tolerable music

3. Workable sets

Charles Willeford, call your office, please:

A man who was at an illegal cockfight in central California died after being stabbed in the leg by a bird that had a knife attached to its own limb, officials confirmed Monday.

In other news, the WP has discovered (reporter with a database!) that people in “Washington’s safest, most well-to-do neighborhoods” have registered more guns than people in “poorer, crime-plagued areas of the city”. I may have more to say on this later, time permitting.

Edited to add: I was in a hurry to finish that last post and hadn’t got to the Statesman yet, unfortunately. I previously noted the fires at several Austin restaurants, including the Green Muse Cafe. (There was also a recent fire at Habana, which I didn’t note for reasons that escape me at the moment.)

Anyway, APD made an arrest:

According to his arrest affidavit, [Martin] Gutierrez [the alleged arsonist – DB] said he believed a large tunnel system lay under Gillis Park near Oltorf Street and that people were being held there against their will. He admitted he started the fire at the Green Muse Cafe because he wanted to inform the public of the tunnel and “what was really going on here,” the document said.

Bad boys, bad boys…

Thursday, January 27th, 2011

…what you gonna do, what you gonna do when your city government runs out of money because corrupt city officials have been pillaging the treasury, and the city decides to disband the police department and outsource to the L.A. County Sherrif’s Department?

(Okay, so I need to work on the scansion a bit.)

Edited to add this bulletin from Captain Obvious:

Members of Bell’s police union said the proposal to disband the police force to help stave off bankruptcy is “a slap in the face” to officers.

Important safety tip. (#2 in a series)

Wednesday, January 26th, 2011

A gun is a gun. It is designed to shoot things.

A gun is not an all purpose tool. A gun is not a club. A gun is not a prybar. A gun is not a bottle opener (the Galil aside). A gun is not a tool for breaking out windows.

Bad things can happen when you use your gun for things other than shooting. For example, if you use your gun to club someone (no matter how deserving) you may mar the finish. Blood does awful things to a gun’s finish, especially the beautiful bluing on older Smith and Wesson revolvers.

Hitting things with your gun can also bend parts. Then your gun won’t go off when you need for it to go off. As the great Peter Hathaway Capstick once said, “The most terrifying sound in nature is not the roar of a charging lion, nor the whistle of a descending bomb; rather it is a click when you expect a bang.”

But the worst thing that can happen is that your gun might go off when you don’t want to go off. (I’d almost be willing to argue with Capstick that the sound of a “bang” when you expect a “click” is even more terrifying. However, I haven’t spent much of my life hunting lion and elephant in Africa, more’s the pity.) For example, when you’re breaking out a car window.

An Humble police officer had apprehended two fleeing car burglary suspects in a stolen truck. One of the suspects, whose identity has not been released, was accidentally shot to death by the police officer, who used his duty weapon to break the passenger window of the stolen truck, Humble police said.

Bad move, space cadet. (Edited to add: Just to make it clear for my readers outside Texas, “Humble” in this case is a city near-ish to Houston, not a description of the police officer.)

But two police tactical experts said the action taken by the Humble police officer is not common practice and is not taught in police academies.

“I’d hate to be in his pants right now,” said retired Houston police Sgt. Frank C. Miller, who taught tactical procedures to Houston Police Department narcotics officers for more than 20 years.

“From a tactical standpoint, it was very risky. Good arrest, shaky tactic — but, you know, they pulled it off. But the (suspect) died, unfortunately. Those things happen. (The suspect) was the bad guy — I don’t feel sorry for him.”

We are amused.

Monday, January 24th, 2011

By this story in the LAT about the arrest of rapper “40 Glocc” (sp?).

Specifically, we are amused by:

  • the name “40 Glocc” (which, Lawrence points out, is both distinctive and not subject to trademark infringement suits).
  • Mr. “Glocc”‘s arrest (his real name appears to be Lawrence White) on weapons charges.
  • the fact that he was arrested carrying a 9mm handgun and not a .40 S&W. The LAT does not specify if it was, at least, a Glock.

A sad end to a sad story.

Thursday, January 20th, 2011

Remember the case of the clerk who shot the beer thief? The one who got eight years probation for his murder and evidence tampering conviction?

Yeah. Well, there’s a follow-up to that story. You see, it turns out that the jury couldn’t do that.

The Texas Legislature took away from juries the ability to sentence murder defendants to probation in 2007. Juan Romero , 24, fatally shot 22-year-old Jorge Vielma at a South Austin Shell station in 2009.

So the judge tossed the verdict, and everybody involved made a deal. Romero pled out to manslaughter instead of murder, and got the same eight year probated sentence.

I would have preferred to see a retrial, and a fight at the appellate level if Romero was convicted again. But I can’t blame Romero and his lawyers for taking the deal.

Here I stand; I can do no other.

Wednesday, January 19th, 2011

Someone who can claim credit in the comments (or send me an email if they want) suggested a T-shirt:

Front: “One down, 534 to go.”

Back: “Wearing this t-shirt is cause for revoking your civil rights. At least in Massachusetts.”

I don’t have time to work on the design (the personal situation I alluded to in an earlier post is not improving as rapidly as I would like) but if someone does want to take the ball and run with it…I would suggest that any proceeds go into TJIC’s legal fund.

Some thoughts on civil rights.

Wednesday, January 19th, 2011

We generally do not read the Huffington Post, although we do not react to it in the same way we react to that wretched hive of scum and stupidity known as Salon. However, we wanted to make note of this article, even though it has been thoroughly linked and blogged elsewhere:

…in 1956, after King’s house was bombed, King applied for a concealed carry permit in Alabama. The local police had discretion to determine who was a suitable person to carry firearms. King, a clergyman whose life was threatened daily, surely met the requirements of the law, but he was rejected nevertheless. At the time, the police used any wiggle room in the law to discriminate against African Americans.

We especially wanted to make note of this article in light of another recent event. Supporter and sometime commenter on this blog TJIC had his Massachusetts firearms license suspended over postings on his blog. Yes, you read that correctly: Jay G. has a more detailed account, which also preempts much of the commentary I would otherwise offer on this subject.

TJIC’s commentary may be disagreeable, even reprehensible to some. But if being disagreeable and running contrary to popular opinion was a reason to revoke someone’s civil rights, where would we be today? Jay says it better that we can:

To those of you on the left applauding the actions taken against TJIC: how would you feel if that were a left-wing blogger in Texas getting audited over something unflattering they wrote about GWB three years ago?

Or how does it make you feel to know that Martin Luther King was denied the ability to defend himself and his family, because he was black and unpopular?

The Bill of Rights is a sum-total package; we take all the freedoms enumerated therein or we take none of them. For far too long both the left and the right have views the BoR as a buffet, where some rights are added to the dinner plate with gusto while others are left to languish – or worse, removed entirely from the menu.

Can we get an “Amen!” for Brother Jay?

How appealing.

Monday, January 17th, 2011

Since we have, in the past, noted cases where Austin Police Department (and Austin Fire Department) officers have won arbitrator’s rulings over disciplinary actions, simple fairness requires us to note this article in yesterday’s Statesman:

When Austin police officers and firefighters have disputed their punishment and taken their cases to outside arbitration, employees have lost that battle more frequently than not, an American-Statesman review of city records shows.

Certainly not the impression I had. However, if you read down a little more in the article…

Arbitrators have upheld 10 of the 23 police disciplinary cases that officers have appealed since Acevedo came to Austin in July 2007.

So if the arbitrators have upheld 10 of 23, that implies they haven’t upheld the remaining 13, right? So is it fair to say “employees have lost that battle more frequently than not”?

In fairness to the author of the article, he goes on to state:

• Arbitrators have overturned only a single police disciplinary case.

• Arbitrators have agreed that officers erred in five cases but reduced their punishment.

My impression is that he’s grouping those as “wins” for the employees. That accounts for six out of 13. What of the other seven?

• Department officials and officers independently have settled five cases, one is pending, and one officer withdrew his appeal.

I think the author is counting the five settlements as “wins” for the city, where I would count a settlement as a “win” for the employee. Reasonable people can differ on this, and I’m not sure there’s enough evidence in the article to resolve that difference. Let’s be fair and count a settlement as a “tie”. By that count, I make it 11-6-5 (counting the withdrawn appeal as a “win” for the city).

Also interesting:

• However, [Art] Acevedo [chief of police] and [Rhoda Mae] Kerr [fire chief] have lost each time they’ve tried to withhold promotions from those who had otherwise met criteria to move up a rank. Arbitrators found they lacked enough reason.

“Rodeo clown transvestite”?

Sunday, January 16th, 2011

Well, it is that season, or will be soon:

A man dressed as a clown threatened to burn down a liquor store in downtown Austin on Friday, according to an arrest affidavit.

It just gets stranger from there. I am amused by the detail that he was also carrying a Mexican flag.