Archive for the ‘Law’ Category

Poor po-po.

Thursday, February 18th, 2010

Kevin Leverenz, a sergeant with the Austin Police Department, is going to be promoted to lieutenant.

That’s good news, right? Certainly it is for Sgt. Leverenz. Not so much so for Chief Art Acevedo. You see, Chief Acevedo denied Sgt. Leverenz the promotion; however, the chief’s decision was overturned by an arbitrator.

Even better, this is the second time an arbitrator has overturned a promotion decision by Chief Acevedo in the past two months.

Acevedo said the ruling was based on a technicality, not the merits of his decision.

What, pray tell, was that technicality?

According to Miller’s ruling, Acevedo promoted Leverenz to lieutenant in June, the same day that City Council members cut several vacant positions amid budget reductions.

To legally slash those jobs, however, the city had to first promote officers into those vacancies — state civil service law said they were legally entitled to the jobs — then demote them and place their names on a list for reinstatement.

Leverenz’s lawyer Stribling argued that Leverenz could not be legally bypassed for promotion in November once he had already been elevated a rank and was on that reinstatement list.

So it appears the “technicality” was that he had already been promoted, then the chief changed his mind and tried to yank the promotion. And this is such a minor “technicality” that the arbitrator didn’t even wait for a hearing; he issued his decision weeks in advance of the scheduled hearing, based only on the documents filed by both sides. Some “technicality”.

Now, to be fair to the chief, it looks like there are some questions about Leverenz’s record, and it is possible to argue that he shouldn’t have been promoted in the first place. (To be fair to Leverenz, it is also possible that the charges outlined in the Statesman are trumped-up.)

But…

According to Miller’s ruling, city officials also argued that Acevedo was not responsible for knowledge about Leverenz’s performance and discipline history when he promoted him in June.

What? What?! I cannot believe the chief of police seriously made that argument. “Well, I’m not responsible for knowing the record of my officers before I make promotion decisions.”

That’s over the line.

Random notes: February 15, 2010.

Monday, February 15th, 2010

Longer NYT obit for Dick Francis, as promised.

Also among the dead: Doug Fieger, lead singer for The Knack and co-author of “My Sharona“.

By way of Lawrence, we note this LAT article about a new collection of work by St. Clair McKelway, longtime New Yorker writer.

For 37 years, McKelway was one of the New Yorker’s most prolific and inventive nonfiction writers. In his time, he was regarded as a master of the long-form profile, a superior chronicler of rapscallions and low-rent hustlers. Indeed, when he was on his game, McKelway might have been the best nonfiction writer the magazine had — this at a time when Liebling, Mitchell and E.J. Kahn Jr. were also producing signature work.

Yes, I will be purchasing this.

What are the costs of green energy?

A plan to boost Austin’s reliance on renewable energy would make it one of the nation’s greenest cities. That stature, however, comes at a cost: Bills would increase an estimated 20 percent over the next decade.

Edited to add: Today’s update from the Department of WTF: A French judge has issued an arrest warrant for Floyd Landis. Apparently, the judge wants to question him about an alleged computer hacking incident.

Today’s update from the Department of WTF, part 2: Dave Eggers can’t understand why Gourmet was shut down.

“It’s impossible” that Gourmet magazine wasn’t profitable, Eggers said, referring to the popular magazine Conde Nast shut down last year.  “It’s impossible that you have a million subscribers paying 50 bucks a year and it can’t work.”

$50 a year? No, Dave. $15 a year is more like it. I think I paid $12 for a year when I subscribed.

Nets watch: At the All-Star break, the Nets are 4-48, for an 0.077 percentage. For the 82 game season, that works out to a projected 6.314 wins.

Rick Perry and the Austin gun show.

Saturday, February 13th, 2010

Thanks to a tip from someone at Tex-Guns, we have video of Rick Perry responding to the Austin gun show controversy.

(Tex-Guns is the official purveyor of fine weapons to Whipped Cream Difficulties. Remember, the right to buy weapons is the right to be free.)

Speaking of politicians in trouble…

Thursday, February 11th, 2010

“Politicians in Trouble!” Sounds like a great B-movie, doesn’t it?

Anyway, the NYT goes in search of the $177 bagel. Even in NYC, that’s hard to find.

The most expensive bagel at Norma’s, the restaurant at Le Parker Meridien Hotel on West 56th Street, has three layers, five ounces of smoked salmon and three kinds of caviar, for $23.

(The motivating factor for this story is the indictment of Larry Seabrook for money laundering, extortion, and fraud.

Mr. Seabrook, a Bronx Democrat and former assemblyman and former state senator, bought a bagel sandwich and diet soda for $7 one day and submitted a doctored receipt that inflated the cost to $177, according to the indictment.

So maybe the NYT needs to be looking for the $170 bagel, since I can easily see $7 for a diet soda in NYC. Especially with taxes.)

Leadership Secrets of Non-Fictional Characters (part 1 of a series).

Tuesday, February 9th, 2010

Gregory Powell was denied parole for the 11th time a few weeks ago.

That name doesn’t ring a bell, does it?

In 1963, Powell and his buddy Jimmy Lee Smith kidnapped LAPD Officers Ian Campbell and Karl Hettinger, and murdered Officer Campbell. Officer Hettinger died in 1994. Smith died a few years ago.

Sound a little more familiar now? Maybe you’ve read Joseph Wambaugh’s The Onion Field. Maybe you’ve seen the movie.

At some point in the not-too-distant future, I want to write a longer post about Wambaugh’s book and what it means to me. I’ll say for now that, at the time I read it, I was deeply moved; I still think that it is Wambaugh’s best work of non-fiction to date.

There’s a section of the book that takes place after Officer Campbell’s murder that I want to call out here. The background is that, after the murder, LAPD issued a new set of policies; among other things, cops were told never to surrender their weapons under any circumstances. Wambaugh tells us (in the third person) how he reacted to these policies. Then he cuts away to another roll call in Central Division, where

a twenty-five year policeman who preferred the one-man beat, a virtuosic beat cop, one of those who fades into police myth and legend, who rules his beat, and is frequently the very best or very worst police work has to offer

stands up and says one word:

(Language after the jump.)

(more…)

Random notes: February 4th, 2010.

Thursday, February 4th, 2010

The Columbus Blue Jackets (that’s the NHL, for all you non-hockey fans out there) fired coach Ken Hitchcock.

The NYT got around to running an obit for Lt. Colonel Archer. Their obit is interesting:

Mr. Archer ultimately maintained that he shot down five German planes — two on separate days in July 1944 in addition to the three in October 1944 — but said he had not been properly credited with one of those downings in July. Shooting down five planes would have brought him official designation as an ace, making him the only one among the Tuskegee Airmen.

In a 2008 review of wartime military records, Daniel L. Haulman of the Air Force Historical Research Agency found that Mr. Archer, while officially credited with four downings, was among the three leading Tuskegee pilots in shooting down enemy planes. His total was matched by Capt. Joseph D. Elsberry and Capt. Edward L. Toppins.

As you may recall, this directly contradicts the WP obit, which states he was credited with five victories by the Air Force.

Edited to add: The WP published a correction to their obit on February 2nd, which agrees with the NYT obit. However, the WP correction is not noted in the original article; I thought this was against WP policy.

From the “Thank you, Captain Obvious” department: Scotland has a drinking problem. The NYT sees Buckfast Tonic Wine as a symbol.

The drink is 15 percent alcohol by volume, a bit stronger than most wines. Also, each 750 milliliter bottle contains as much caffeine as eight cans of Coke.

From the “Art, damn it! Art!” department: I think I appreciate a good bit of art as much as the next guy, but this Giacometti bronze just seems to me to be really ugly. Maybe the photos are bad.

The “Hello Kitty” chainsaw. I want.  (And Hello Kitty Hell gets added to the blogroll. Thanks to my great and good friend Commvault Bryan.)

James Arthur Ray, the Arizona sweat lodge guy, has been charged with three counts of manslaughter.

Did you know that Men at Work’s “Down Under” sampled a children’s tune called “Kookaburra Sits In The Old Gum Tree”? Have you even heard “Kookaburra Sits In The Old Gum Tree”?

Edited to add: I’m sure this will be blogged elsewhere, but it is too good to pass up. Sun CEO resigns. By Twitter. In haiku. (Hattip: Lawrence.)

Edited to add 2: Also from the “Thank you, Captain Obvious” department is this actual headline from the LAT home page:  “Stew is better without jimsonweed hallucinogen“. (Link goes to actual article which has a different headline.)

Random notes: February 2, 2010.

Tuesday, February 2nd, 2010

Michael Gill owns a mortgage brokerage and a string of paloponies racehorses. Unfortunately, Mr. Gill’s racehorses have a problem. Specifically, they tend to die on the track at Penn National Race Course. Gill blames the track; the jockeys that don’t ride Gill’s horses blame him, and are boycotting races involving Gill’s horses.

This is sad and awful, but I also like saying “Swedish rapper?”: Swedish rapper convicted in road rage killing of jazz pianist.

I can’t come up with anything more clever than the headline: Fung shui master loses bid for ex-lover’s fortune.

Murder was the case.

Tuesday, January 26th, 2010

And Raynella Leath has been convicted of killing her second husband.

So why do I care about a murder trial in Knoxville? Because it has some rather strange aspects; I was going to blog this NYT article on Sunday, but got distracted by shiny objects.

There was a fatal car crash, a love child, a missing will and, strangest of all, the 1992 death, officially by cattle stampede, of the Knox County prosecutor, Ed Dossett, who happened to be Ms. Dossett Leath’s first husband at the time.

Dossett’s death was ruled an “agricultural accident” by the medical examiner.

Mr. Dossett had been in the late stages of terminal cancer, and Ms. Dossett Leath told the authorities that she had helped him out to the barn to feed the cattle at his request.

The medical examiner who made that ruling

lost his medical license after being convicted of sedating and sexually molesting minors in 1995.

The current medical examiner found

Mr. Dossett’s morphine level was “so extraordinarily high it is unlikely that any human could function in an ambulatory manner or continue to live.”

Les Jones, as I recall, was covering this case for a while.

Ah, Austin.

Tuesday, January 26th, 2010

More than 200 people gathered outside Austin Police Department headquarters Monday to protest what they said was heavy-handed enforcement at a gun show held Jan. 16 and 17.

I didn’t find out about this until 6:30 PM last night, or I would have gone and covered the event for my loyal readers (all three of them; and I’m counting the guy with the tapeworm twice).

Random notes: January 25, 2010.

Monday, January 25th, 2010

Our long national nightmare is over. Or just starting. US to lift 21-year ban on haggis. And just in time for Burns Night, too. (Hattip: Overlawyered.)

Philip K. Dick in Orange County. I don’t think there’s much new here for the serious Dick fan, but I do like the Tim Powers story that starts off the piece.

Covered elsewhere, but still worth linking: ESPN Ombudsman Don Ohlmeyer on the network and Mike Leach.

There’s an interesting story at the WP site about Rabbi Menachem Youlus, who specializes in rescuing Torahs lost in Europe during the Holocaust. But the Post article suggests that the stories Youlus tells may be somewhat exaggerated.

Nets watch: current winning percentage 0.070 (3-40).  That projects out to 5.74 wins for the 82 game season.

Random notes: January 21, 2010.

Thursday, January 21st, 2010

Was the death of Haing S. Ngor a murder by a group of gangbangers? That’s the official theory of the case, and three men are doing time for his murder. However, there’s still speculation that his murder was actually a revenge hit by the Khmer Rouge.

I remember being angry and upset when I heard about the murder; that a man who had been through so much would be killed on the street by scumbags for a watch and locket enraged me. But there’s a natural human tendency to see patterns and conspiracies even where none are present; we use this as a tool to try and make sense of the world.  (Stingray has a wonderful post on this at the Atomic Nerds site.) As much as I’d like to believe Ngor’s death was part of a conspiracy by the Khmer Rouge, I’d need to see more evidence than what’s in the LAT article.

Pop quiz, hotshot.

Friday, January 15th, 2010

Texas State University down in San Marcos has been running a hostage negotiation competition.

Now, I was not aware hostage negotiation was a competitive sport. My first question was, “How do you judge this? Number of ‘dead’ bodies at the end?”

During the competition, which continues today , each team works to resolve the same hostage scenario, and judges grade each team using the same criteria, which include composure while negotiating and ability to get terrorists talking during phone calls.

So this is like Olympic gymnastics without the Chinese judges. Good to know.

I’m waiting for next year’s event to show up on ESPN 8, “The Ocho”.

Random notes: January 11th, 2010.

Monday, January 11th, 2010

Obit watch: French New Wave director Eric Rohmer. I’ll update this space with the NYT obit and anything Roger Ebert has to say, once those are posted.

Edited to add: NYT obit. Ebert appreciation.

Jayson Williams has apparently decided to plead out to an aggravated assault charge, instead of going through a retrial for killing Costas Christofi.

his personal life in shambles

I’ll have to contact some of my friends at IBM and see how that project to build a tiny violin out of xenon atoms is going.

Important safety tips.

Monday, December 14th, 2009

If you are planning to go into the offices of a financial advisor armed with a gun, it is a good idea to load the gun first.

It is also a good idea to leave the wine glass and wine bottle in the car; you know, so you have both hands free to load the damn gun.

Lawrence points out that Triton Financial, the firm in question, has a somewhat interesting history. (See also.)

When you’re a Net, you’re a Net all the way…

Thursday, December 3rd, 2009

…from your opening loss at Charlotte to losing at home against the Mavericks and setting a new NBA record for futility.

Two other franchises had gone 0-17 to start a season. The Miami Heat set the record 21 years ago as an expansion team. The Los Angeles Clippers, who often look like an expansion team, matched the mark 10 years ago.

The Nets now stand alone, wallowing in despair and self-loathing.

Lawrence gave me some flack yesterday for not mentioning Bobby Bowden. My feeling was that Bowden wasn’t fired, he resigned; Lawrence’s argument is that Bowden resigned in the same way Nixon and Spitzer resigned. I don’t have much to say on the subject, but if you do, here’s your thread.

Obama Ecstasy tablets? Those will go well with my Chia head.

Dear Congressman Lamar Smith: Please be so kind as to consume excrement and thus hasten your demise.

Edited to add: I forgot this one. By way of the Scalz, homeowner’s association tries to tell a 90-year-old Medal of Honor recipient he can’t have a flagpole in his yard. Get the popcorn, folks, this should be almost as much fun as the ongoing situation in what Balko calls Marakafka County.