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At the weird intersection of sports firings and legal news…

Wednesday, January 18th, 2023

Firings news (sort of): Matt Weiss, “co-offensive coordinator” for the University of Michigan, has been placed on leave.

Legal news: He’s involved in a criminal investigation.

Weird news: It doesn’t involve domestic violence or any of the usual crimes.

“The University of Michigan Police Department is investigating a report of computer access crimes that occurred at Schembechler Hall during December 21-23, 2022,” University of Michigan Deputy Chief of Police Crystal James said in the statement. “Since this is an ongoing investigation there is no additional information to share.”
An entry from the university police’s online daily crime log on Jan. 5 notes that police received a report about “fraudulent activity involving someone accessing university email accounts without authorization” at Schembechler Hall. It is the only report of police activity at the football facility in the past month.

Posted in Firings, Law, Sports | Comments Closed

Murder, he wrote.

Sunday, January 15th, 2023

As best as I can determine, Elizabeth Short was murdered either on January 14 or 15, 1947: it isn’t clear which day.

So I can claim that this is timely: “Black Dahlia: On the Anniversary of Elizabeth Short’s Murder, a Guide for the Hasty Reporter“, by Larry Harnisch. This is a re-run of an article originally published in the LAT, but now paywalled.

And as an extra bonus for you, freshly posted, and featuring Mr. Harnisch himself:

Posted in California Über Alles, Law | Comments Closed

Obit watch: January 13, 2023.

Friday, January 13th, 2023

Paul Johnson, noted conservative British historian.

A writer of immense range and output, capable of 6,000 words a day when in harness, Mr. Johnson modeled his career after earlier English men of letters, like Thomas Babington Macaulay and G.K. Chesterton. With an affable prose style and supreme confidence in his own opinions, he was happy to deliver forceful judgments on almost anything: the tangled politics of the Middle East, his personal quest for God or the cultural meaning of the Spice Girls.
The author or the editor of more than 50 books, Mr. Johnson alternated between large histories (of Christianity, Judaism, England, the United States, the middle years of the 20th century, art) and slim biographies of eminences from the ancient or more immediate past (Socrates, Jesus, Edward III, Elizabeth I, George Washington, Mozart, Napoleon, Darwin, Churchill, Eisenhower, Pope John XXIII.)
Writing more for a popular audience than for the approval of specialists, he filtered his wide reading through an ethical lens. As a historian, he looked back to the Victorians, for whom readable prose was as crucial as archival research, and, like those old-fashioned moralists, he was fond of hierarchies. Whether the subject was Renaissance sculptors or American humorists, no era, nation, religion, politician, event, building or piece of art or music was safe from his need to compare and rank.

…

He had an eye for the telling fact: “Between 1800 and 1835 Parliament debated no less than 11 bills seeking to make the deliberate ill-treatment of animals unlawful; all failed, mostly by narrow margins.” And: “In 1730 three out of four children born in London failed to reach their fifth birthday. By 1830 the proportion had been reversed.”

Lawrence emailed an obit for William Consovoy, prominent lawyer.

Over the course of a relatively short career, Mr. Consovoy established a reputation as one of the best and most dogged conservative litigators before the Supreme Court, with a penchant for cases aimed at making major changes to America’s constitutional landscape.He clerked for Justice Clarence Thomas during the 2008-9 Supreme Court term, and he came away with the conviction that the court was poised to tilt further to the right — and that constitutional rulings that had once been considered out of reach by conservatives, on issues like voting rights, abortion and affirmative action, would suddenly be within grasp.

…

In 2013, in one of his early cases before the Supreme Court, Mr. Consovoy successfully argued the Section 4 case, Shelby County v. Holder, persuading the Court to get rid of the requirement that several states and counties, mostly in the South, had to receive federal clearance before changing their election laws.

…

Mr. Consovoy often led the charge in attacking existing laws in court or defending new ones. In 2020 alone, he argued against an extension of the deadline for mail-in ballots in Wisconsin, the re-enfranchisement of felons in Florida and a California plan to send absentee ballots to all registered voters.
He was equally involved in efforts to strike down affirmative action by colleges and universities. He played a supporting role in Fisher v. the University of Texas, a case that originated in 2008 and came before the Supreme Court twice. In both instances, the university successfully defended its plan to automatically admit in-state students who had graduated in the top 10 percent of their class.
Mr. Consovoy then worked closely with Mr. Blum on cases against Harvard and the University of North Carolina, arguing that their affirmative action programs — and, by extension, college and university affirmative action programs generally — were unconstitutional.
Those cases, brought on behalf of Students for Fair Admissions, an organization that Mr. Blum founded, reached the Supreme Court last fall. By then, Mr. Consovoy was too ill to argue them himself, so two of his partners did instead. The court is widely expected to decide in favor of Students for Fair Admissions before the end of the term, most likely in June.

…

The new firm took on a variety of cases, not all of them concerned with constitutional matters but most of them in service of conservative causes and ideas. After Uber announced in 2020 that its food-delivery branch, Uber Eats, would waive fees for Black-owned businesses, Consovoy McCarthy arranged for some 31,000 complainants to claim reverse discrimination through arbitration, leaving the company owing as much as $92 million.

Lisa Marie Presley. THR. Pitchfork.

Constantine II, Olympic gold medalist (sailing, 1960) and the last king of Greece.

A lot of this took place shortly before or shortly after I was born, but it’s an interesting story I was previously not aware of.

…public support faded after he tried to influence Greek politics, machinations that led to the collapse of the newly-elected centrist government of Prime Minister Georgios Papandreou.
Constantine appointed a series of defectors from Mr. Papandreou’s party as prime minister without holding elections, a widely unpopular chain of events that became known as “the Apostasy.”
The increasing instability culminated in a coup led by a group of army colonels in 1967, considered one of the darkest moments in Greece’s modern history. It set off seven years of a brutal dictatorship for which many Greeks still blame the former king.
Constantine initially accepted the junta before attempting a counter-coup in December of the same year. When it failed, he was forced to flee to Rome, where he spent the first years of his exile.
After the dictatorship ended in 1974, Greece’s new government called a referendum on the monarchy, and 69 percent of Greeks voted to abolish it. The vote effectively deposed Constantine and ended a monarchy that had ruled Greece since 1863, except for the period from 1924 to 1935, when it was first abolished and then restored.

…

In exile he lived mostly in London, where he is said to have developed a close relationship with his second cousin, Charles, now King Charles III. He was chosen to be one of the godfathers to Prince William, heir to the British throne.

…

His relationship with the Greek authorities after his dethroning remained prickly. In 1994, the Socialist government passed a law stripping him of his nationality and expropriating the former royal family’s property. Constantine took the case to the European Court of Human Rights, which in 2002 ordered Greece to pay him and his family nearly $15 million in compensation, a fraction of what he had sought. He accused the government of acting “unjustly and vindictively.”
“They treat me sometimes as if I’m their enemy,” he said in 2002. “I am not the enemy. I consider it the greatest insult in the world for a Greek to be told that he is not a Greek.”
The former king could have regained a Greek passport by adopting a surname, which the government demanded that he do to acknowledge that he was no longer king. But he insisted on being called only Constantine, and continued to cast himself as king and his children as princes and princesses.

…

In 1964, he married Princess Anne-Marie of Denmark, who became queen.
She survives him, as do their five children: Alexia, Pavlos, Nikolaos, Theodora and Philippos; nine grandchildren; and two sisters, Sofia, the former queen of Spain, and former Princess Irene.

Posted in Books, Elvis, History, Law, Music, Obits | Comments Closed

Obit watch: January 9, 2023.

Monday, January 9th, 2023

Bernard Kalb, former foreign correspondent for CBS, NBC, and the NYT.

He reported for The Times from 1946 to 1962, for CBS during the next 18 years (during which he joined his brother, Marvin, on the diplomatic beat) and as NBC’s State Department correspondent from 1980 to 1985. Then, for nearly two years, he served in the Reagan administration’s State Department — a stint that ended contentiously.
As a CBS correspondent in 1972, Mr. Kalb accompanied President Richard M. Nixon on the trip to China that proved to be a major step in the normalization of relations between the two nations. He also made virtually every overseas trip with Henry A. Kissinger, Cyrus R. Vance, Edmund S. Muskie, Alexander M. Haig Jr. and George P. Shultz during their tenures as secretary of state.

…

After graduating from the City College of New York in 1942, Mr. Kalb spent two years in the Army, mostly working on a newspaper published out of a Quonset hut in the Aleutian Islands of Alaska. His editor was Sgt. Dashiell Hammett, the author of the detective novels “The Maltese Falcon” and “The Thin Man.”

Russell Banks, novelist.

Joyce Meskis, former owner of The Tattered Cover.

In addition to creating a bookstore famed for its vast selection and bibliophile-friendly atmosphere, Ms. Meskis often took a stand in matters related to censorship and the First Amendment. Sometimes those positions were not easy ones to embrace.
In 1991, for instance, when she was president of the American Booksellers Association, she testified against the proposed Pornography Victims Compensation Act, a bill introduced by Senator Mitch McConnell, the Kentucky Republican, that would have allowed victims of sex crimes to sue distributors of pornography, including bookstores, if they could demonstrate that pornography influenced their attacker. Opponents of that bill (which died in committee) were sometimes labeled pro-pornography, but Ms. Meskis knew the real issue was that the law would make bookstores wary of selling anything controversial.
Similarly, the case she took to the Colorado Supreme Court some two decades ago pitted her against law enforcement officials, who were trying to build a case against a customer suspected of making methamphetamine. In 2000 the police found two books on drugmaking in a trailer home used as a meth lab; they also found an envelope with Ms. Meskis’s bookstore listed as the return address. Hoping to link the drugmaking to the recipient whose name was on the envelope, they sought Ms. Meskis’s sales records — and, though her stand read as pro-drug to some, she again saw the bigger picture.
“This is about access to private records of the book-buying public,” she told The New York Times in 2000. “If buyers thought that their records would be turned over to the government, it would have a chilling affect on what they buy and what they read.”
In 2002 the State Supreme Court ruled that both the First Amendment and the Colorado Constitution “protect an individual’s fundamental right to purchase books anonymously, free from governmental interference.”

Adam Rich. Other credits include “CHiPs”, “Silver Spoons”, and “Dickie Roberts: Former Child Star”.

Owen Roizman, cinematographer. “The French Connection”, “The Exorcist”, and “Network”? Wow.

Art McNally, NFL official credited as being “the father of instant replay”.

Earl Boen. Other credits (he has 291 as an actor: man worked) include video game spun offs from a minor 1960s SF TV series, “Battle Beyond the Stars”, the good “Hawaii 5-0”, and “Richie Brockelman, Private Eye”.

Posted in 1970s, Books, Law, Media, Movies, NFL, Obits, Sports, TV | 3 Comments »

Now I have a machine gun. Ho ho ho.

Thursday, December 22nd, 2022

According to the NYT, Adair, Iowa has a population of about 800 people.

The chief of police has been using his law enforcement credentials to buy machine guns.

Lots of machine guns.

Between 2018 and 2022, Mr. Wendt requested 90 machine guns, either to demonstrate their use or to buy them for the Adair Police Department, according to the Justice Department. But prosecutors concluded that he had other purposes in mind.

…

According to the indictment, Mr. Wendt, 46, used his title as police chief to “obtain and possess machine guns not lawfully available to the public,” including military-grade weapons and machine guns of a type used in guarding high-risk prisoners as they are moved from place to place.

…

In all, Mr. Wendt bought 10 machine guns for the police department, tried to buy 15 additional guns and requested the demonstration of 65 guns, according to the indictment. But in reality, he sold six machine guns registered to the Adair Police Department for personal profit, making thousands of dollars; rented out machine guns in exchange for money; and intended to stockpile guns to sell at a later date, the indictment said.

Extra bonus points:

According to the indictment, Mr. Wendt contacted a machine gun manufacturer in January 2021 and inquired about buying a weapon known as a minigun, which prosecutors described as “an electric motor driven Gatling gun designed for speed and accuracy” that has a magazine capacity of 4,000 rounds and a fixed firing rate of 50 rounds per second. This type of machine gun is used by the U.S. military and is typically mounted on helicopters; the Adair Police Department does not own a helicopter. Mr. Wendt put down a $40,000 deposit for the $80,000 gun. In his law letter, Mr. Wendt said the gun was “suitable for engagements and suppressive fire.”
The A.T.F. rejected the purchase because the minigun was “not suitable for law enforcement use.”

More extra bonus points: he also hosted a machine gun shoot.

In April 2022, Mr. Wendt and Mr. Williams hosted a public machine gun shooting event in Woodbine, Iowa, allowing patrons to fire a number of the machine guns in exchange for money.
Among the guns was a .50-caliber belt-fed machine gun that Mr. Wendt had claimed was needed for demonstration to the police department. In his law letter, Mr. Wendt said the gun was “ideal” for the department “based on its price and availability.” Mr. Wendt paid $17,896 for the gun. He mounted it to his armored Humvee and charged participants $5 per round.

Posted in Guns, Law | Comments Closed

Obit watch: December 21, 2022.

Wednesday, December 21st, 2022

Franco Harris, one of the great Steelers. Archive version, but the NYT keeps saying “This is a developing story. A full obituary will be published soon.”

The 6-foot-2 running back won four Super Bowls with the Steelers as they established themselves as the N.F.L.’s dominant team of the 1970s, and he was named to the Pro Bowl in each of his first nine seasons. But it was a single, heads-up play that more than anything defined his career.
On Dec. 23, 1972, the Steelers were trailing, 7-6, in a divisional round playoff game against the Oakland Raiders. With less than 30 seconds to play in the fourth quarter, the Steelers quarterback, Terry Bradshaw, lofted a desperation pass to John “Frenchy” Fuqua, only to see the ball deflect toward the ground. But Harris scooped the ball out of the air just inches from the turf and ran untouched for the game-winning touchdown, a miraculous finish that has been replayed thousands of times since.
Five decades later, Harris, who played college football at Penn State, remained one of the most beloved Steelers players, an instantly recognizable face in Pittsburgh. He rushed for 12,120 yards over 13 seasons, 12 of which were with Pittsburgh, and was a linchpin of the Steelers’ most successful era, winning Super Bowls in the 1974, 1975, 1978 and 1979 seasons.

I want to mention pigpen51’s obit for Les Lowery, leather and saddle maker. I was unfamiliar with him until pigpen posted, but he sounds like a really good guy: anybody who helps people walk is doing a mitzvah in my book. I spent some time trying to find more about Mr. Lowery online, but everything I did find was paywalled.

Mike Hodges, director. Other credits include “The Terminal Man”, “Morons From Outer Space”, and “A Prayer For the Dying”.

Frank “Cadillac Frank” Salemme, notorious New England mobster.

Posted in Law, Movies, NFL, Obits, Sports | 3 Comments »

(Sort of an) obit watch: December 9, 2022.

Friday, December 9th, 2022

I wanted to break this out into a separate entry because it didn’t feel like it belonged with the previous one. Also, it’s another one of those “not quite an obit” things.

Philadelphia’s “Boy in the Box” has been identified.

The boy, then believed to be between 4 and 6 years old, had been beaten to death, an autopsy later revealed. But clues were scant, and copious efforts over decades to solve the crime proved futile. The unknown victim became known as “The Boy in the Box.” Others called him, more gently, “America’s Unknown Child.”
His name is now known: Joseph Augustus Zarelli. Born on Jan. 13, 1953, he was 4 when he died, Philadelphia police officials said Thursday, at a news conference where they described a breakthrough using DNA and genetic genealogy techniques that have revolutionized cold case work in recent years.

He was found in a cardboard box in February of 1957.

He was unclothed, and had been wrapped in a flannel blanket, according to the National Missing and Unidentified Persons System. His hair had recently been “cut in a way that suggested it was not the work of a skilled barber,” and his fingernails had been trimmed, according to the national system.

…

Capt. Jason Smith said officers did not yet know who killed the boy or the circumstances of how he had died, and that investigations would continue.
“We have our suspicions as to who may be responsible, but it would be irresponsible of me to share these suspicions as this remains an active and ongoing criminal investigation,” Captain Smith said.

I remember this case getting a lot of coverage from John Walsh on the old America’s Most Wanted. I’m glad they have a name for the child now.

Posted in Cops, Law, Obits | Comments Closed

You’re going down in flames, you tax-fattened hyena! (#99 in a series)

Tuesday, December 6th, 2022

Mike the Musicologist asked me if I do foreign flaming hyenas.

The answer is: sure! I did the Germans a while back!

Now it is the Argentinians turn.

Cristina Fernández de Kirchner, a political titan in Argentina, was found guilty on Tuesday and sentenced to six years in prison and banned from holding public office for a fraud scheme that directed public roadworks contracts to a family friend while she was the first lady and president.
The verdict was a major blow to Mrs. Kirchner, the current vice president and a deeply polarizing figure who has helped split Argentina between those who favor her and her leftist movement, called Kirchnerismo, and those who say she has helped ruin a country that has struggled with high inflation, poverty and failed economic policies.

…

A panel of three judges in Buenos Aires, the capital, rendered the verdict on a public broadcast after a three-year trial in which Mrs. Kirchner was accused of steering hundreds of millions of dollars of taxpayer-funded contracts to a business associate to build roads in Patagonia, on the tip of South America.
The panel found her not guilty of a second charge of directing an “illicit association” that oversaw that kickbacks scheme.
“We are certain” the ruling said, that “an extraordinary fraudulent maneuver took place that harmed the pecuniary interests of the national public administration under the terms and conditions established by criminal law.”

…

Twelve other people were also accused in the corruption case including Lázaro Báez, the Kirchner associate who received the roadworks contracts, and two former Kirchnerista government ministers who have been convicted in other corruption cases.
Mr. Báez was found guilty of fraud and sentenced to six years in prison. He was already serving a 12-year sentence for money laundering in a separate case. José López, a former public works secretary, was also sentenced to six years in prison for fraud and banned from holding public office.

…

The focus of Mrs. Kirchner’s trial has largely been 51 roadworks contracts that were awarded to companies linked to Mr. Báez, who went from being a bank employee in Santa Cruz to forming a construction company in the days before Mr. Kirchner became president in 2003. The prosecution said that from 2003 to 2015 the scheme defrauded the Argentine state of more than 5 billion pesos, or about $926 million, according to officials.
The contracts were often awarded at inflated prices, went over budget or granted other special considerations, according to the prosecution. Almost half of the road projects were never finished.

…

Last year, a court dismissed charges against her over accusations that she conspired to cover up Iran’s purported role in the 1994 bombing of a Jewish community center in Buenos Aires, which killed 85 people. The accusations against Mrs. Kirchner were first made in 2015 by a prosecutor, Alberto Nisman, who was found dead of a gunshot wound in his apartment days later.
His death was never solved, and the matter has been a source of frenzied speculation and political infighting ever since.

I feel like there’s really only one thing I can say about this:

Posted in Law, Politics | Comments Closed

Obit watch: December 5, 2022.

Monday, December 5th, 2022

Cliff Emmich.

Other credits include “Invasion of the Bee Girls”, “The Incredible Hulk”, “Salvage 1”, and “Halloween II”.

In honor of Mr. Emmich, the Saturday Movie Group watched “Thunderbolt and Lightfoot”, which I had never seen before. I like it, but it is kind of an odd film: sort of a weird blend of a road movie and a heist movie, with lots and lots of landscape. (No surprise there: this was the first movie directed by Michael Cimino. Arguably, one of the problems with “Heaven’s Gate” was Cimino’s obsession with landscapes, at the expense of plot, length, and coming in under budget.)

Notes:

  • Per Wikipedia, Clint Eastwood was available for this movie (which Cimino wrote specifically for him) because he turned down the lead in “Charlie Varrick”. I liked “Charlie Varrick”, but supposedly Eastwood didn’t find anything likeable in any of the characters. So the role went to Walter Matthau, who I think acquitted himself well. But he found the movie incomprehensible.
  • This is the second week in a row we’ve watched a movie with George Kennedy in a key role. (Last week, it was “Airport ’75”.)
  • I think Lawrence and I were both a little surprised by the vault scene. Both of us were wondering, “Are they going to put on ears?” And then, yes, the Eastwood and Kennedy characters put on both ear and eye protection before the real star of the movie comes into play.

IMFDB entry.

Back in the day (before GCA 1968) you could purchase 20mm surplus anti-tank guns and shells. Today, Anzio Ironworks will sell you a single-shot 20mm for a mere $9,800, and a mag-fed one for $11,900. Add $3,200 for a suppressor.

And as a fun historical note, suitable for use in schools: here’s an article from American Rifleman about the real life heist that may have inspired “Thunderbolt and Lightfoot”.

Bob McGrath, longtime “Sesame Street” guy.

Aline Kominsky-Crumb, underground comic artist.

Posted in Guns, History, Law, Movies, Obits, TV | 3 Comments »

Obit watch: November 23, 2022.

Wednesday, November 23rd, 2022

John Y. Brown Jr., former governor of Kentucky and fried chicken tycoon.

In 1964, Brown purchased Kentucky Fried Chicken from Harland Sanders for $2 million. He became president of KFC in January 1965 and sold it to Heublein Corp. in a $275 million stock swap in 1971. Brown received nearly $21 million in Heublein stock for his KFC shares.

(Diversion: this is an older piece from Damn Interesting about Harland Sanders that I rather enjoyed. It does discuss the Brown sale and the Heublein buyout.)

In 1969, Brown purchased controlling interest in the Kentucky Colonels, a Louisville franchise in the American Basketball Association. After the ABA folded, Brown paid a reported $1 million for half interest in the Buffalo Braves of the National Basketball Association. He wanted to move the Braves to Louisville but was blocked in court. Brown and a partner then swapped the Braves for the Boston Celtics, in the first trade of professional sports teams.
The Braves later moved to San Diego, and Brown later sold his share of the Celtics.

As some people may recall, he was married to Phyllis George.

For Christmas one year in the not-to-distant past, Lawrence gave me a copy of The Bluegrass Conspiracy, about Drew Thornton and his drug ring. (Cocaine bear!) John Y. Brown is mentioned quite a bit in that book: while he was never convicted of any crime, he certainly had close and questionable ties to people who were.

Mickey Kuhn. He was a child actor: his most famous role was probably “Beau Wilkes” in “Gone With the Wind”. He was also the last surviving cast member from that movie.

His last acting credit was in 1957.

Wilko Johnson, guitarist with Dr. Feelgood and acted in “Game of Thrones”.

Posted in Law, Movies, Obits, Politics, TV | Comments Closed

Obit watch: November 11, 2022.

Friday, November 11th, 2022

Paul Morantz, lawyer.

He specialized in “taking on cults, abusive psychotherapists and self-proclaimed gurus”.

Mr. Morantz made his name taking down one such movement, Synanon. It had begun as a last-chance drug rehabilitation program in the late 1950s but had, by the early ’70s, become an insular, oppressive organization under its founder, Charles Dederich.

…

Synanon and Mr. Dederich were known for using violence against their enemies, even in minor run-ins. In 1977, a group of Synanon thugs pistol-whipped a truck driver who had cut off their vehicle on a highway. Mr. Dederich even kept an elite squad of enforcers that he called the Imperial Marines. Mr. Morantz would become one of their targets.
On Oct. 10, 1978, he met with police officers to discuss next steps against Synanon, then hurried back to his home in the Pacific Palisades neighborhood to catch the Los Angeles Dodgers and the New York Yankees play game one of the World Series.
As he walked in the door, he reached his left hand into his mailbox. As he did, he noticed a dark, lumpy shape. He didn’t have time to pull back before the object, a four-and-a-half-foot diamondback rattlesnake, bit him on his wrist.

He survived the bite. Two Synanon members were charged with attempted murder. Mr. Dederich was charged with conspiracy to commit murder.

The judge, calling the attack on Mr. Morantz an “aberration,” went easy on the two assailants, owing, he said, to the group’s history of helping addicts. Each was sentenced to a year in prison, while Mr. Dederich received five years’ probation.

Posted in Law, Obits, Reptiles, Snakes | 1 Comment »

Very brief update.

Thursday, November 3rd, 2022

Former Santa Clara County Sheriff Laurie Smith: Guilty on every count.

Posted in California Über Alles, Guns, Law, Politics | Comments Closed

You’re going down in flames, you tax-fattened hyena! (#98 in a series)

Wednesday, November 2nd, 2022

Good news, everyone!

Santa Clara County Sheriff Laurie Smith resigned Monday morning.

You may remember that former Sheriff Smith was indicted by a civil grand jury last December on corruption charges. You may also remember that those corruption charges (mostly) involved her issuing concealed carry permits to large campaign contributors.

What you may not know (and I missed it too) is that the corruption trial is going on right now, and the jury is actively deliberating whether she should be removed from office. Obviously, the fact that she’s resigned sort of takes the air out of the jury deliberations.

Which seemed to be part of her evil plan:

But in court Monday afternoon, her attorney, Allen Ruby, asked the judge in the corruption trial to dismiss the charges against Smith, arguing the primary penalty she faces — removal from office — is now meaningless since the jury cannot oust Smith from a job she no longer holds.

Except it didn’t work:

A judge has ruled that the civil corruption trial for Santa Clara County Sheriff Laurie Smith will continue even after Smith suddenly resigned Monday and asked the court to dismiss the case now that she can’t be kicked out of office.

…

Fineman’s response to the arguments highlighted the lack of precedent for removal-from-office trials spurred by a civil grand jury; the only other one in known memory in the South Bay was in 2002 when a Mountain View city councilmember was ousted. The trial is conducted in the same structure of a criminal trial and adheres to a reasonable doubt standard for guilt, but is held in civil court. Fineman is presiding because the local judiciary recused itself, and the county also recused itself, which is why the prosecution is headed by Markoff, a San Francisco assistant district attorney.

…

Markoff and Ruby also sparred over the collateral consequences of not allowing a verdict to be reached. Fineman and Markoff mentioned pension implications and eligibility to hold office in the future.
That touched on another ambiguity by the hybrid standing of the trial. A 2013 law penalizes a public official’s pension benefits if they are found guilty of a felony corruption crime, and bars them from holding public office again. Both Fineman and Markoff discussed how the law might apply because some of the current trial counts allege criminal elements.

…

A guilty verdict on any of the counts would prompt the court to expel Smith from office two months before her previously planned retirement, at the end of her sixth term in January. Her resignation undercut the trial, now in its final stages, by effectively removing its stakes and throwing into question whether the jury should be allowed to reach a verdict.
Both legal observers and Smith’s critics suspected that was a strategic move for her legacy, since an aborted trial means she can’t be formally cast in the public record as a corrupt public official thrown out of office for wrongdoing.

It isn’t clear to me: if she resigns and then is found not guilty, can she run again for the same office in the next election? If she is found guilty, is she barred from running for that office again? For any office in California?

As noted above, there’s not a lot of precedent for this. It does seem, based on the article quoted above, that it is very likely she will be found guilty of at least one charge:

Larsen and other experts nitoring the trial also believed the resignation was influenced at least in part by Smith and her attorney’s anticipation that jurors would come back with a guilty verdict on at least one of counts she was facing. Three of the counts were relatively cut-and-dry, asking jurors to decide if she accepted a San Jose Sharks luxury suite — which violates gift limits for public officials — and if she intentionally masked the suite use by buying cheaper tickets for the same game. Detailed and direct testimony from Smith’s staff seemingly confirmed those allegations.

(Hattip: Mike the Musicologist.)

Posted in California Über Alles, Guns, Law, Politics | 2 Comments »

Memo from the police beat.

Monday, October 17th, 2022

Two really weird crime stories from the past few days.

1. Four bicyclists went missing in Oklahoma last week.

Later in the week, police pulled human remains out of a river.

Police on Monday confirmed that the bodies pulled from an Oklahoma river last week were the four missing bicyclists — and revealed that the men had been shot and dismembered while on their way to commit a crime.

…

“We believe the men planned to commit some kind of criminal act when they left the resident on West 6th Street,” Prentice told reporters.
“That belief is based on information supplied by a witness who reports they were invited to go with the men to ‘hit a lick’ big enough for all of them,” he said, using slang for obtaining money illegally.

It is a shame that Big Don Westlake is dead, as this sounds like something out of a Parker novel.

2. The Mad Midnight Bomber What Bombed at Midnight was a cosplayer. And a sex offender.

An Ohio cosplayer pleaded guilty Wednesday to planting a bomb at a perceived romantic rival’s house in Maryland, which nearly killed the recipient and caused more than $45,000 in damage to the home.

…

The victim, identified in court documents as NK, suffered serious injuries. He and his girlfriend, identified as SB, were members of the “Dagorhir” gaming community along with McCoy.
The game is described as “a live-action roleplaying (LARP) battle game” involving medieval costumes and mock combat with prop weapons.
McCoy approached SB over Discord and confessed his romantic feelings for her. She turned him down, reminding him she was dating NK. So McCoy built a homemade bomb, gift-wrapped it and dropped it off at NK’s doorstep, according to the U.S. Attorney’s Office for the District of Maryland.
He researched how to build it, bought materials in cash from multiple stores to conceal his efforts, and ultimately built a package bomb that he placed inside a shipping box, which he drove to the victim’s house himself, according to prosecutors.

The bomber seems fairly clever. But not clever enough: they got DNA, they got location data from his cellphone, and they got video from a neighbor’s doorbell camera.

McCoy faces up to 20 years in prison for transporting explosives with intent to injure and 10 years for possession of an unregistered explosive device at his sentencing, which has not yet been scheduled.

Posted in Explosives, Law | 1 Comment »

Obit watch: October 14, 2022.

Friday, October 14th, 2022

Robbie Coltrane. THR.

He wasn’t someone whose work I have a lot of familiarity with, though I’ve heard good things about “Cracker”. Other credits included some “Blackadder”s, “The Pope Must Diet”, Falstaff in “Henry V”, and “Frasier”.

Dr. Vincent DiMaio, forensic pathologist. He was the chief medical examiner of Bexar County (which covers San Antonio) from 1981 to 2006. In that capacity, he testified for the prosecution against Genene Jones, who was convicted of killing a 15-month-old baby, and may have killed up to 60 other children.

Dr. DiMaio, who had been a medical examiner in Dallas from 1972 to 1981, was later called on to look into allegations that President Kennedy’s assassin was not Lee Harvey Oswald but a look-alike whom Soviet officials had trained to assume his identify. Michael Eddowes, a British lawyer and restaurateur, had made the allegations in a 1975 book, “Khrushchev Killed Kennedy,” which he published himself.
After the author persuaded Oswald’s wife, Marina, to have his body exhumed in 1981, Dr. DiMaio was recruited to help examine the remains. But his team quickly debunked the theory, confirming through forensic dentistry that the physical characteristics of the man buried as Oswald matched those on Oswald’s passport and his Marine Corps records.

As a private consultant, he also worked with the authors Gregory White Smith and Steven Naifeh and came to the belief that Vincent van Gogh’s death was murder, not suicide. He also testified for the defense in the George Zimmerman trial.

He also wrote four books: Morgue: A Life in Death (with Ron Franscell) was nominated for a “Best Fact Crime” Edgar award. (The NYT says it won, but the Edgar Awards database says The Wicked Boy: The Mystery of a Victorian Child Murderer by Kate Summerscale was that year’s winner.)

He could bring firsthand experience to his expertise in gunshot wounds: He himself had survived being shot four times by his second wife in a fit of anger. They divorced.

Bernard McGuirk, Don Imus’s producer.

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