Archive for the ‘Law’ Category

Miscellaneous crap.

Wednesday, June 30th, 2010

The City of Austin has flushed the low-flow toilet rebate program. However, you can still get a free low-flow toilet: you just have to fill out an application and, if you’re approved, pick up your toilet from an approved toilet vendor.

The 2010 Bulwer-Lytton contest results are out.

Edited to add 1: Oh, what the heck. By way of Ace of Spades, a WP review of the greatest concert ever. Where “greatest concert ever” is defined as “complete disaster”.

Edited to add 2: Derek Lowe has a new post up in the “How Not To Do It” series. It appears that a lab at the University of Missouri underwent explosive renovations after some hydrogen and oxygen got together for a hot date. Photos of the aftermath at the link.

Edited to add 3: The HouChron has interrupted their “WE’RE ALL GOING TO DIE!” watch to let us know that Dr. Demento is ending his radio show. Why, yes, this is the same story that Slashdot and Lawrence brought you almost a month ago.

Edited to add 4: As I’ve noted in the past, my newspaper reading during the weekends can be spotty. So I missed this Ben Wear article in the Statesman about the MetroRail ridership figures. (Hattip: Blue Dot Blues, by way of Battleswarm.)

Edited to add 5: Headline from the HouChron: “Dear Abby says what to do when grandma spoils the kids”. Somehow, I suspect Dear Abby’s answer does not involve a Taser.

Speaking of Popehat, I think this is a great post by Patrick, but I’m a very bad person; whenever I read the phrase “Res Ipsa Loquitur”, all I can think of is “Ipsa this, you p—y little b—h!

Old McDonald had a right, E-I-E-I-O.

Monday, June 28th, 2010

The news is still coming in. I’ll try to link to good commentary as it comes in, and I’ll have some thoughts of my own up later, probably tonight.

I have my own concerns about the decision and What It All Means, but for right now: There. Will. Be. Cake.

Edited to add 1: For right now, I think the best source of information I can point folks to is Sebastian’s live blog over at Snowflakes in Hell. Also noteworthy: Jacob Sullum over at Reason’s “Hit and Run”.

Edited to add 2: SayUncle is in his usual short but pithy commentary mode. Some good stuff there, too.

Edited to add 3: As promised, some thoughts of my own. With these and $2, I think you can get a large cup of coffee in most places.

  • When the decision in Heller came down, I was at my very first Smith and Wesson Collector’s Association convention. When the decision in McDonald came down, I was…at work. I feel slightly cheated.
  • Like Heller, this should not have been a 5-4 decision. This should have been a 9-0 decision. It is a sad and awful thing that four justices of the United States Supreme Court do not understand basic written English. Especially appalling is Justice Stevens’ dissent. Damon Root has a good post over at the Reason blog, but let me single out this section of the dissent:
  • …even apart from the States’ long history of firearms regulation and its location at the core of their
    police powers, this is a quintessential area in which federalism ought to be allowed to flourish without this Court’s meddling. Whether or not we can assert a plausible constitutional basis for intervening, there are powerful reasons why we should not do so.

    Echoing Root’s point, Stevens apparently believes that the Second Amendment is somehow special and different from the others, in a way that allows experimentation and tinkering. Is there anyone who thinks Stevens would endorse experimenting with the First Amendment?  (Sebastian has another solid post up about Scalia’s shredding of Stevens’ “reasoning”.)

  • With the decision being this close, could it be reversed if the makeup of the court changes substantially? Kagan’s replacing Stevens, so that won’t change anything. But what if we lose Thomas or Scalia? I was talking this over with my good friend James at work; my point was that the court generally sets a pretty high bar before they overturn established precedent (the word I was looking for was “stare decisis“). But it isn’t unheard of: the Supreme Court ruled in 1940 (Minersville School District v. Gobitis) that it was perfectly okay to force Jehovah’s Witnesses to salute the flag. (In a 8-1 decision, no less.) Somebody came to their senses, because they reversed that decision in 1943. (West Virginia State Board of Education v. Barnette, and that was 6-3.) (I’m not really happy about linking to Wikipedia for summaries of these cases, but I’m just trying to make a quick and dirty point.)
  • What worries me the most is that we’re going to let our guard down. Heller and McDonald did serious damage to the anti-Second Amendment crowd. But they were not death blows. The most dangerous time in a fight is when you have your enemy pinned; if you’re not well trained, you let your guard down, and your enemy has nothing to lose.

    What does the right to keep and bear arms mean if there’s no one making guns and gun parts because there’s no market? Or all the gun makers are driven out of business by lawsuits? (Yes, I know the Protection of Lawful Commerce in Arms Act was supposed to stop that. Good luck.) I can easily imagine Daley, or some other politician: “Sure, you have the right to bear arms. Hope you enjoy that 1,000% tax on ammunition and components. Oh, did I say 1,000%? Let’s try 10,000%.” (Don’t accuse me of giving these people ideas; Schumer’s proposed this before.)

    We are not out of the woods. We will not be out of the woods until we establish (or re-establish) a pro-gun culture, until the pro-gun control organizations close due to lack of funds, and until Daley the Younger is where he really belongs; in a prison cell.

    I signed up for the Second Amendment Foundation today; I encourage you to do the same. (I really should have done that sooner.) I’ve already joined the Texas State Rifle Association; actually, I joined a couple of weeks ago after hearing Alice Tripp speak to the Austin Rifle Club. (If you have a chance to hear her speak, don’t pass it up; she’s great.) Recent problems aside, I still believe the NRA is an organization worthy of your support.

    We can take a day to enjoy our cake (or pie, if that’s how you roll; Whipped Cream Difficulties is ecumenical on the cake/pie question) and celebrate, but we can’t let our guard down now.

Dynamo hum.

Sunday, June 27th, 2010

I wasn’t originally going to post about this, since the story was linked from Slashdot and other places. However, it came up at dinner last night; Andrew was asking me about it this afternoon, and I promised him a link.

So: here’s a link to The Register‘s article on authenticating recordings using AC power line frequency fluctuations.

At the Metropolitan Police’s digital forensics lab in Penge, south London, scientists have created a database that has recorded these deviations once every one and a half seconds for the last five years. Over a short period they form a unique signature of the electrical frequency at that time, which research has shown is the same in London as it is in Glasgow.

On receipt of recordings made by the police or public, the scientists are able to detect the variations in mains electricity occuring at the time the recording was made. This signature is extracted and automatically matched against their ENF database, which indicates when it was made.

I’d want to see a lot more scientific validation of this before I’d consider it acceptable as evidence. One of the points I made during the dinner discussion is that much of modern forensics is based on sloppy or incomplete science. For example:

Balko is all over this, too; you should be reading him regularly if you care about this stuff.

Books in brief: Friends of the Family: The Inside Story of the Mafia Cops Case

Tuesday, June 22nd, 2010

The Mafia Cops case is a great story for true crime lovers. Two retired NYPD cops are arrested, accused of being in the Mafia’s pocket for almost their entire careers on the force, convicted, have their conviction partially overturned, reinstated on appeal, and wind up with lengthy prison terms. Adding additional savor to the case are such minor details as:

  • These cops didn’t just sell inside NYPD information to the mob: they’re accused of actually performing hits for the mob themselves, using their badges as cover.
  • One of the convicted cops actually wrote a book about how he overcame his upbringing in a Mafia family to become a decorated NYPD officer.

This has the makings of a pretty decent book.

Friends of the Family: The Inside Story of the Mafia Cops Case isn’t that book.

I  expected a book co-written by two of the people who worked on the case (a former NYPD detective and an assistant DA) to be at least somewhat compelling. Instead, that’s actually the source of the book’s biggest problems. Problem number one: because Dades (the detective) and Vecchione (the assistant DA) are co-authors, the book is told entirely from their point of view. This is a problem because the decision to prosecute the Mafia Cops at the Federal level, rather than locally, was rather controversial, and frankly questionable. The conviction was initially overturned because the Federal prosecutors chose to bring RICO charges against the two cops: there are legal questions about whether their ongoing criminal activities fell inside or outside of the statute of limitations. An outside observer could have written an interesting book giving both sides of the case: because Fisher chose to work with Dades and Vecchione, his coverage of the question is mostly quoting uncritically the griping of the local cops and DA’s office. It reads like an episode of NYPD Blue: The Bad Years.

A second problem is that Dades and Vecchione are not well served by their ghost writer. Vecchione, in particular, comes across as a cypher. We know nothing about him going into the book, and little more than nothing coming out.

The book’s third, crippling, problem is actually related to the second problem. If Vecchione is a cypher, we end up knowing too much about Dades. Why is that a major issue? Because a great deal of time and space in the book is devoted to Dades and his issues. Dades is bitter: he feels he’s being forced into retirement after 20 years of service to the NYPD. Why does he feel “forced” into retirement? Let’s go over the reasons:

  • Dades cheated on his wife with the wife of a suspect he arrested.
  • When he broke off the relationship, the woman he was cheating with accused him of rape.
  • Dades was cleared by NYPD Internal Affairs.
  • Dades also managed to avoid a charge of “conduct unbecoming an officer”. The book doesn’t specify how he did that, and I actually am curious. After all, he admitted the affair…
  • In spite of all this, Dades feels like he has to retire because he’s made enemies within the department, and within Internal Affairs specifically. Dades is bitter, resentful, and wonders why he is being treated like a criminal. After all, what did he do wrong? (Except for the whole cheating on his wife, jeopardizing a criminal case, and making the department look bad thing.)

In addition to Dades and his resentment about being “forced” out of the NYPD, a considerable amount of space is devoted to Dades and his attempt to establish a relationship with the father who walked out on him when Dades was a kid. I figure there’s about two people, maybe, who care about that. The rest of us wanted the ghost writer to shut the hell up about Dades and his father issues and get back to the case already.

I have not read it yet, but I suspect The Brotherhoods: The True Story of Two Cops Who Murdered for the Mafia is a better book about the same case. In an ideal world, Jerry Capeci would write his own book about this case as well. In this world, I can’t recommend Friends of the Family.

(I’d like to thank Patrick at Popehat, who encouraged me to write this review.)

Is knife! Is not safe!

Sunday, June 20th, 2010

I originally wasn’t going to blog this, since Sebastian was on it like a fat man on a Chinese buffet:

At least 14 retail stores in Manhattan — including major retailers like the Home Depot, Eastern Mountain Sports and Paragon Sports — have been selling illegal knives, District Attorney Cyrus R. Vance Jr. said on Thursday.

The knives generally fall into one of two categories: switchblades and gravity knives. On a switchblade, the blade pops out at the simple flip of a switch; with gravity knives, the blades come out by a simple flick of the wrist. Carrying either of those kinds of knives is a crime under New York State law, prosecutors said.

Most of what I see in the photo with the linked article appears to be, not switchblades and not gravity knives, but assisted opening folders along the lines of Spyderco and others. It is interesting that the photo caption refers to “some of the 1,300 illegal knives”, while the investigation turned up 43 allegedly illegal knives over an unspecified period of months.

What did make me decide to blog this, though, was a conversation I had with Mike the Musicologist at the gun show yesterday about the linked video. Fast forward to about 1:05 in: “Are they dangerous?”

Of course it’s dangerous, you fracking moron! It’s a knife! It’s sharp! It cuts things! Including flesh! What is wrong with you people?

(Subject line explained for the benefit of M the M and other friends of mine who haven’t heard the story.)

Edited to add 6/22/2010: A thought that came to me this morning: can I order this from Amazon and have it shipped to NYC?

Random notes: June 18, 2010.

Friday, June 18th, 2010

Our long national nightmare is over. At least, for the next couple of months.

Ronnie Lee Gardner was executed early this morning in Utah. By firing squad.

Friday loser update: Baltimore is now 18-48, for a .273 winning percentage. That works out to a projected 44.246 wins over the 162 game season.

Edited to add: I wanted to link to this gun blogger glossary the other day, but lost the link. Thanks to Snowflakes in Hell for the repost. And I was previously unfamiliar with the Zoot Shooters: darn, that sounds like fun, especially if you throw back a bottle of beer after the match is over and the guns are put away. It turns out the Green Mountain Regulators are up in Marble Falls, which isn’t that far away…

Eyes Wide Shut.

Tuesday, June 15th, 2010

David Lee Powell has been executed.

Edited to add: Here’s a link to updated Statesman coverage.

L’affair Rodenstock.

Tuesday, June 15th, 2010

Mike Steinberger has an interesting article in Slate about Daniel Oliveros and Jeff Sokolin, two prominent NYC wine dealers who specialized in very old and very famous wines (for example, 1945 Mouton Rothschild in magnums).

It seems that their dealership may actually have been a major source of counterfeit wines; this ties into the Koch/Rodenstock affray, previously noted in this space, and well summarized in the article.

Eye on the Killer Guy.

Tuesday, June 15th, 2010

David Lee Powell’s latest appeal has been rejected at the state level.

Barring intervention at the federal level by the Supreme Court, his execution is scheduled for sometime after 6 PM tonight.

Edited to add: Powell has filed a new appeal, based on allegations of prosecutorial misconduct.

Edited to add 2: Denied.

Ring, ring, ring, banana phone!

Thursday, June 10th, 2010

The International Banana Museum is moving.

Obit watch: Abraham Nathanson, inventor of Bananagrams.

And the judge in the Nicaraguan banana pesticide fraud case feels threatened.

Timeless. Changeless.

Wednesday, June 9th, 2010

In my family, there’s a running joke: you know it is a slow news day when the local paper runs a story about the timeless, changeless ways of the Amish.

The NYT covers the sudden Federal interest in changing Amish farming practices. Specifically, cattle runoff from the Amish and Old Order Mennonite farmers around Chesapeake Bay is destroying the bay’s ecosystem; the Feds are trying to persuade the farmers to implement practices that would reduce runoff, and even offering government grants to farmers. Of course…

Persuading plain-sect farmers to install fences and buffers underwritten by federal grants has been challenging because of their tendency to shy from government programs, including subsidies. Members neither pay Social Security nor receive its benefits, for example.

In other news, William Grimes (author of Straight Up or On the Rocks and no slouch on the cocktail front himself) covers the reissue of Bernard DeVoto’s The Hour: A Cocktail Manifesto.

(That reminds me: has anyone out there read Chasing the White Dog yet?)

Instead, because Congress allowed the tax to lapse for one year and gave all estates a free pass in 2010, Mr. Duncan’s four children and four grandchildren stand to collect billions that in any other year would have gone to the Treasury.

Yes. I am sure Mr. Duncan arranged his death with the favorable tax consequences to his children in mind.

Oh, guess what? David Lee Powell has filed a new appeal!

Houston attorney Richard Burr said in a 53-page application for a writ of habeas corpus that Powell has been a model inmate, that he poses no threat to society and that to execute him would violate his constitutional rights prohibiting cruel and unusual punishment.

Statesman Eye for the Death Row Guy

Tuesday, June 8th, 2010

(Hattip to BlogHouston, where “Chron Eye for the Death Row Killer Guy” is a recurring feature.)

The Statesman seems to have embarked on a pro-David Lee Powell campaign, in advance of Mr. Powell’s scheduled execution on June 15th.

Yesterday, we were treated to a long article about Powell, his desire to live, and whether his execution had “been robbed of its meaning and purpose” after 32 years.

Today, we’re treated to an editorial stating that life without parole would be a fair punishment for Mr. Powell, since, after all, he hasn’t repeated his crimes and has been a model citizen on Death Row for the past 32 years.

Now, why did it take 32 years to get to this point? Well, part of the reason is that Mr. Powell has appealed his conviction twice, and was granted new trials in 1991 and 1999.

And what did Mr. Powell do to justify the death penalty? He killed a cop, Officer Ralph A. Ablanedo. Specifically, he gunned Officer Ablanedo down with an AK-47. (This was in 1978; I’m not sure if, when the paper refers to an “AK-47”, they mean a real AK-47, or one of these AK-47s. However, the APD site refers to a “fully automatic AK-47”, so I’ll give the paper the benefit of the doubt on this one.)

In addition…

Powell opened fire on a second officer when he was stopped a short time later, and also tossed a hand grenade, which failed to explode.

There does not seem to be any legitimate question about Powell’s guilt. The whole thrust of the Statesman‘s argument is that Powell’s successfully fought a delaying action for 32 years; and now that he’s managed to delay this long, we shouldn’t execute him because too much time has passed since the crime.

I’m not a blind supporter of the death penalty. I believe there are problems with it (and, at some point, I’d like to do a longer post about that). But Powell is not the poster child for injustice that the Statesman is making him out to be.

“…think it possible you may be mistaken.”

Monday, June 7th, 2010

Two of my favorite authors showed up while I was making the Internet rounds this morning.

The San Jose Mercury News has an interview with Tim Cahill, who just finished a semester of teaching at San Jose State. I hadn’t heard much from or about Cahill in a while, and the interview explains why.

Slate has an interview with Anthony Bourdain, specifically dealing with issues of right, wrong, and taste.

I was just in Liberia recently, and although I find certain tribal practices personally deeply repellant, I’d always felt uncomfortable with the idea of these “enlightened humanitarians” going to Africa and lecturing people who don’t have clean water and have been living with these systems for centuries about how to behave. And yet I gotta tell you, Liberia made me ask myself: Are some things just wrong? Genital mutilation would be one. Some of the practices of some of the traditional tribal elders—witch doctors, basically—are another. I really wonder whether there are absolutes in some cases. It’s something I’m wrestling with, clearly.

This interview is part of a series, “The Wrong Stuff“, by Kathryn Schulz, and is tied in to her forthcoming book, Being Wrong: Adventures in the Margin of Error. This book sounds like something that’s right up my alley; I’ll report back once I’ve obtained a copy and read it.

I also wanted to link to this story about a Baltimore shooting involving an off-duty cop (hattip: Balko); not because I want to comment on the story itself (that’s being ably handled at Balko’s site), but because of this:

Baltimore Police Maj. Terrence McLarney, head of the homicide unit, said there is no indication the two men met inside the establishment or knew each other.

Terrence McLarney? Terrence f’ing McLarney? Tell me this can’t be the same Terrence McLarney who was a Detective Sergeant in Homicide when David Simon wrote Homicide: A Year on the Killing Streets? The one who graduated from the police academy in 1976, per Simon? That’d be, what, 34 years in, and McLarney’s still on the job? That’s not unheard of (and how’s Donald “The Big Man” Worden doing these days, anyway?) but given Baltimore PD politics (which McLarney seemed to be in the thick of), I’m a little surprised.

(Subject line hattip.)

Edited to add: Well, McLarney and Worden both have entries in Wikipedia, believe it or not. And Worden apparently played “Det. Donald Worden” in a Season 5 episode of The Wire. McLarney’s entry says this:

In July 2008, McLarney was named the official commander of the Baltimore Police Department’s Homicide Unit, a position he had been the acting commander of since May 2008.

So, yeah, seems like the same guy.

Quote of the day.

Thursday, June 3rd, 2010

Police do not have an expectation of privacy in their public encounters with the citizenry.  In fact, they should have instead an expectation of public accountability for the performance of that work.  When a free people give police the authority to enforce our laws and to have the leeway to commit acts of violence in doing so, that is a trust that requires oversight and accountability.  The vast majority of police officers enforce the law in a lawful, professional manner, but some abuse their positions of trust.  Removing oversight makes it more difficult for the professionals to do their job and easier for the small number of abusers to bully others into following their example.

The problem isn’t that this needs to be said. The problem is that it isn’t being said where it needs to be said; in a 9-0 decision by the United States Supreme Court, written by Antonin Scalia.

(Hattip: Insta.)

True crime.

Monday, May 24th, 2010

Bill Crider, one of nature’s noblemen, points us to this list of “The 25 Best True Crime Books” from the Forensic Colleges blog.

Blogging about other people’s lists seems to me to be non-productive (de gustibus non disputatum and all that), but I’m making an exception here because this seems to be a pretty solid list. I’ve read 9 out of the 25 listed, and mostly agree with those choices.

Of course, I have a few quibbles:

  • I wouldn’t have put both Mark Bowden books on the list, though he is a heck of a good writer. Finders Keepers would be my pick for the list: Doctor Dealer is only a so-so book (and a very early Bowden).
  • I confess that I have not read Killer Clown, but it will have to be one heck of a book to beat Buried Dreams on the Gacy front.
  • The Amanda Knox case is fascinating and troubling, but it seems a bit early to be putting Angel Face on a best list. I have something of the same quibble about The Suspicions of Mr. Whicher.
  • I’ve read Crime and Science – The New Frontier in Criminology, and it seems odd to pick that over Thorwald’s much more famous Century of the Detective. To be fair, though, I’ve only read the latter book in the Reader’s Digest Condensed Edition. I’ve been trying to find a cheap used copy without much luck.
  • Blood and Money is actually a 1976 book, though it appears to have been reissued in 2001. (I read that for the first time last year; it is a swell book that belongs on the list.)
  • The Onion Field, dammit!