Archive for the ‘Law’ Category

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.

Told you so.

Friday, January 14th, 2011

We previously blogged about the local store clerk who was charged with murder after shooting at a fleeing thief who’d stolen a 12-pack. The thief was found dead in an abandoned car a few hours later, and the clerk apparently tried to cover his tracks after the shooting.

The clerk was just convicted of murder and evidence tampering.

We repeat what we said at the time, “If you had a good reason for shooting, the evidence is only going to help you. Altering or destroying evidence only makes you look bad.” And it will probably get you convicted.

Edited to add: The jury that was deadlocked for several days does not appear to have had much trouble returning a sentence; eight years probation.

Baby, if you ever wondered…

Thursday, January 13th, 2011

…what Robert “Ratso” Rizzo, former city administrator for the city of Bell, now under indictment, was doing, the answer is:

He’s working as a parking lot attendant at the “International Surfing Museum” in Huntington Beach.

I think I speak for many of my readers when I say: there’s an “International Surfing Museum”?

Edited to add 1/14: Well, that was quick. Rizzo is no longer working at the International Surfing Museum.

From the APD blotter.

Wednesday, January 12th, 2011

This happened Friday night, but we’re only just now hearing about it:

Police arrested two men on Sixth Street for DWI. One was riding a horse; the other one was riding a mule.

(Statesman link includes dashcam video.)

It appears that the DWI charge against the horse rider have been dropped, but police are going forward with the DWI charge against the guy on the mule. In addition,

police plan to charge both men with another crime now: public intoxication, an offense for which they face up to a $500 fine.

(The horse and mule are apparently being held at an animal hospital in Elgin; ownership of the two animals has not been established.)

And while I’m on the legal beat…

Tuesday, January 11th, 2011

Alex Tabarrok, one of the Marginal Revolution bloggers, has an interesting article in the latest Wilson Quarterly about the economics of bounty hunting.

In Philadelphia, where commercial bail has been regulated out of existence, The Philadelphia Inquirer recently found that “fugitives jump bail . . . with virtual impunity.” At the end of 2009, the City of Brotherly Love had more than 47,000 unserved arrest warrants. About the only time the city’s bail jumpers are recaptured is when they are arrested for some other crime. One would expect that a criminal on the lam would be careful not to get caught speeding, but foresight is rarely a prominent characteristic of bail jumpers. Routine stops ensnare more than a few of them. When the jails are crowded, however, even serial bail jumpers are often released.

Edited to add: Just for grins, I thought I’d throw in a couple of links to Paladin Press books on bounty hunting, such as “Rex Venator”‘s Modern Bounty Hunting: A Real-Life Guide for the Bail Fugitive Recovery Agent. Holy cow! You can get Paladin Press books on your Kindle now? Man, this is a great country.

Poor Laura Hall…

Tuesday, January 11th, 2011

…turned down for parole in her latest bid.

(Previously.)

A handful of randomness.

Wednesday, January 5th, 2011

I intended to post this yesterday, but got sidetracked: the SF Weekly and the Bay Guardian have reached a settlement in their legal dispute. I’ve previously blogged about the dispute here, here, and here. (Hattip: Jimbo.)

I’m posting this only because it amuses me: the Statesman has posted the APD’s annual list of “local bars where drunken driving suspects reported having their last drink before hitting the road”. Particularly chuckleworthy to me is the large cluster of places in one block of 6th Street…

Speaking of the Statesman, there’s also a kind of neat profile of Austin writer, former Dell employee, and MonkeyBrain Books publisher Chris Roberson, who is taking over the current “Superman” story line with issue 707.

And speaking of things that amuse me, “Never Said About Restaurant Websites” pretty much hits all of my peeves (and Lawrence’s) save one. And we’ve both submitted that one. (Hattip: Daring Fireball.)

Edited to add: Here’s something else I wanted to blog but forgot: “The Now-You-See-It Restaurant“.

He signed a short-term lease for a space in SoHo whose landlord cannot promise that the building, likely to be demolished, will be around past July. In return he received a rent of about $9,000 a month, well below market rate.

…

He’s not paying for, or bothering with, a proper sign out front. The dozens of chairs, used, were bought on eBay for under $10 each, and if they’re not so durable, no sweat.

The bar, a mobile cart, will be stocked with only one brand of each spirit, and on a given night there will be just two whites, two reds and one sparkling wine.

…

Diners, for example, will be expected to set and reset the cutlery on their tables with utensils from drawers beneath. That way Mr. Fraser won’t need as many servers. It will save him money, he said, and translate into fewer intrusions for diners. “You’re visited only at points of the meal when you really need help,” he said.

Roundup of local and quasi-local news.

Tuesday, January 4th, 2011

I’m running a bit behind today due to a personal matter this morning, so here’s a quick roundup of some things I felt were worth rounding up.

Day after coverage of the Kubiak situation from the HouChron. Kubby stays, four assistants get the axe. And it looks like the Wade Phillips thing is moving closer to happening.

Fire last night in one of our downtown condo complexes. A close friend of WCD and many of our readers (who shall remain nameless here to protect his privacy, but the people who know him know who I’m talking about) lives in that condo one floor above the fire. He’s fine, and his condo suffered what he describes as minor smoke and soot damage.

Local gun store (McBride’s) robbed. This is the second break-in at McBride’s that I can remember; I have it in my head that the perps were caught in the act the first time, but I can’t confirm that now. It struck me as odd that they only stole “several” handguns, but this KXAN article describes them as high-end .45 autos. I think I know which guns were taken, as I’ve seen them in the display case. My recollection is that they were Wilson Combat and Les Baeur 1911s. Nice to know that our local crooks have good taste, but I don’t think they’re going to be able to move those easily. Assuming that they want to move them, as opposed to using them personally…

The Macy’s store in Highland Mall is closing. I’m thinking this is probably the end of Highland Mall. I haven’t been there in…I can’t remember how long. And I haven’t been to that Macy’s since shortly after they dropped the Foley’s branding. (I miss Foley’s.) Highland Mall attempted to file for bankruptcy last year, but had the petition dismissed. The mall itself has been in decline for several years; there are a lot of allegations that it has become a hangout for gangs, and a hotbed of criminal activity. The more recent Statesman articles avoid discussing those issues, but you can pick up on them by reading the discussion and this older Statesman article.

Question: if you level the mall, what do you put there as part of the redevelopment process?

Crimestoppers! (take 2).

Wednesday, December 29th, 2010

So we’ve mentioned previously the theft and recovery of one local food trailer.

We were not aware, until we happened to catch a local television newscast last night, that a second food trailer is also missing.

Last week, a few days before Christmas, thieves rolled off with Hook ’Em Up Tacos which used to sit just a few feet away from Perky Cups.

We have been unable to find any photos of the Hook ‘Em Up Tacos trailer. Nor have we been able to find any media coverage elsewhere (not even a Statesman blog entry), which makes us wonder.

In any case, we suggest that you be on the lookout for any unexplained trailers that mysteriously show up in fields or behind garages near you.

L’affair Bell.

Tuesday, December 28th, 2010

The LAT has a longish summary of how the city of Bell got to where it is today, along with some background on Robert “Ratso” Rizzo.

A few choice quotes:

It was 1993, a bleak, recession-bit year, and Robert Rizzo arrived in Bell trailing the vague whiff of scandal. His last city administrator job, in the high desert city of Hesperia, had ended badly, with accusations that he’d steered city improvement funds toward salaries.

Hmmm. Perhaps someone should have been reading documents.

Diminutive and rotund, Rizzo was self-conscious about his appearance. Behind his back, people called him the Penguin, a reference to the “Batman” villain. He liked to mention his bachelor’s degree from UC Berkeley and said that everything he’d achieved was the result of dogged effort.

…

Only rarely did Rizzo draw attention to himself, as on one election night at City Hall. People who were there recall that he had too much to drink. Peter Werrlein, a former mayor who had served prison time for holding a hidden interest in the poker club, said he confronted him.

Wait a minute. There was a former mayor who did time? That’s an interesting detail I don’t recall hearing before.

…although the Police Department swallowed more than half the city budget, it generated less than 10% of the revenue.

“He said, ‘You guys are costing me this and you’re only bringing in that? You’re not holding your own,'” [former police chief Michael] Trevis said. He said Rizzo encouraged officers to write more tickets and impound cars, and he monitored which cops were “earning their way.” He said Rizzo justified the tactic with a veiled threat: “Hey, if we don’t do this, we might not have a Police Department.'”

Crimestoppers!

Monday, December 27th, 2010

What a day! Once again, we get to combine two more pet obsessions: food and the police blotter!

The Grinch, or someone equally mean, has stolen the main trailer of Lucky J’s Chicken & Waffles, an establishment we have not yet had the chance to try.

Luckily for Lucky J’s, they do have a second trailer (and I thought they were opening a sit-down eatery on Burnet as well), but in the meantime, please be on the lookout for a trailer that looks something like this:

Lucky J's

The actual trailer, as far as I know, does not have a hand holding a giant plate of chicken and waffles in front of it.

Edited to add 12/28: Put a leash back on the dagron. The trailer has been found. You may resume normal activities.

Edited to add 12/28 part 2: An arrest has been made.

Today’s bulletin from Bizarro World.

Friday, December 24th, 2010

I’m a little behind on this due to last minute shopping, but I think it is worth noting.

Late last night, an APD officer shot and killed a man after a foot pursuit. The officer and his partner originally were trying to make a traffic stop; the suspect fled, the officers pursued on foot, the officer in question found the suspect, the suspect stabbed the officer in the neck (with a knife he took from the officer’s duty belt), and the officer fired one killing shot. (The officer is still in the hospital.)

This is weird enough to be noteworthy; things like this don’t happen very often in Austin. But the story gets even stranger; the dead guy was Maurice Pierce.

For those of you outside of Austin, or those who don’t remember, Maurice Pierce was one of four men who were charged in the 1991 murders of four teenage girls at a yogurt shop in north Austin.

The “yogurt shop murders” were, and are, a big deal in Austin. So far, nobody’s been convicted in these murders; the case against Pierce was dropped when prosecutors said they didn’t have enough evidence against him. One other suspect was freed before trial; the other two suspects stood trial, were convicted, and had their convictions overturned by the Court of Criminal Appeals due to “unexplained DNA” that didn’t match any of the four suspects.

I’m not sure what to make of this; Pierce had earlier violent run-ins with APD and Lubbock police officers, according to the Statesman. Clearly, he wasn’t a choir boy, but nobody’s been able to come up with enough evidence to pin the murders on him. The only thing it seems like we can say is that this is going to make the truth about the murders much harder to find; I’m hoping APD doesn’t seize on this as a chance for “exceptional clearance“.