Archive for the ‘Law’ Category

Memo from the legal beat.

Tuesday, April 13th, 2021

Two recent stories from the Statesman that I find interesting, but haven’t sorted out yet. So they’re noted here with minimal comment.

1. The Pflugerville Police Department (Pflugerville is a small-ish suburb of Austin) hired a new chief in 2017. She left in February and got a six-figure payout (including unused sick leave and vacation time).

Did she leave because she was a Hispanic lesbian (that’s an actual statement from the article) fighting a “good old boy” system?

As an example, Robledo pointed to complaints by Alicia Fitzpatrick, a patrol officer since 2019, who accused a small group of officers in the Police Department of targeting and undermining her professional credibility to prevent her from being selected for specialized assignments.
Fitzpatrick similarly said that a good ol’ boy network dominated the department and that the network complains that female officers receive preferential treatment for promotions and are not subjected to the same disciplinary consequences as their male counterparts. She said the same “subculture” had an agenda to remove Robledo as chief, according to written reports.
In response, the city manager hired an outside investigator, the Austin Institute, to evaluate the department’s workplace culture. The institute’s December 2020 report was not made public but was recently obtained by the Statesman. The investigation confirmed that the subculture Fitzpatrick described exists within the Police Department.
“Given the voluminous amount of evidence that supports a finding of hostile work environment, gender bias and discrimination by Sgt. (Tyler) Summers, Sgt. (Richard) Thomas, Sgt. (Nathan) Hubel, Cpl. (Mark) Neff and Dispatcher (Alana) Kamp in targeting Officer Alicia Fitzpatrick … comparable misconduct, atrocious judgement, and behavior at such an unacceptable level has serious consequences in all police departments and should not be tolerated from a Sgt. of the Pflugerville Police Department,” the report said.

Or was she forced out because she was a bad leader?

Two former officers, in interviews with the Statesman, dismissed the notion that the department was unkind to anyone other than white men. Instead, they said Robledo caused the hostile work environment with her style of leadership and said she destroyed the careers of some of its longtime employees.
Reiff, who was not involved in either investigative report, said he received a dishonorable discharge after a 22-year career as an officer. In his dealings with the chief, he said, she often belittled officers and behaved with hostility toward them if they questioned policy changes, even if they were only seeking to clarify her new rules.
“I can attest to it personally when I was once working a homicide. She came into the conference room and the investigations division and told us, ‘Don’t f— this up,’” Reiff said. “You’re the chief of police. What do you think saying something like that does to everybody?”
He said the morale in the Police Department was so low and the stress so constant under Robledo that it was common for the officers to discuss how they did not feel comfortable.
“Nobody wanted to come to work. Everybody would have rather been off or was looking to get out,” Reiff said. “When she would get angry, she’d always say it was her passion coming through. But if another officer demonstrated the same type of behavior she did, it was a problem. Someone being afraid isn’t pushing someone to do better. She was a bully, and she hid behind her authority to push people around.”

2. Millie Thompson was elected as a County Court of Law judge in Hays County last fall.

Now she’s suing the other two judges.

Apparently, she wants her own court coordinator, specifically for her court, rather than court coordinators being appointed by (and answering to) the court as a whole.

The employee whom Thompson attempted to fire — Chris Perez — is one of two court administrators who wrote to human resources to report that they were victims of a hostile work environment under Thompson, according to documents the American-Statesman obtained via an open records request.
“I love my job and the people that I work for and with,” Perez wrote in the email to HR. “However, the stress of this situation — and that includes the fact the Judge Thompson’s actions have already led to the resignation of two extremely valuable employees as well as the retirement of a 30+ year veteran employee of this office — is causing me extreme anxiety.”
Closed records on personnel matters make it unclear which employees have resigned since Thompson took office.
Thompson attempted to fire Perez because of a docket scheduling issue, Perez told the Hays Free Press/News-Dispatch. Thompson missed a hearing because she was unaware of it. Perez emailed Thompson about the hearing, and it was listed on the judges’ calendar.
However, Thompson’s attorney, George Lobb, said Perez didn’t make enough attempts to communicate that schedule to her.

For what it may be worth (I’m trying to be objective and honest here) Judge Thompson is a Democrat, and the other two judges are Republican.

“What you gonna do when you get out of jail?…” part 378

Tuesday, April 13th, 2021

I started out doing police training videos, but those have become thin on the ground. So when a new one shows up in my feed it is a cause for celebration.

Especially this one. I believe it is called “Out Numbered” and dates to 1968 according to the notes. Those same notes also point out that it features “Martin Milner of Adam 12 Fame”.

I want to point out that, while a lot of people knew Mr. Milner best from “Adam-12” (and I include myself in that category) he had a much broader and more interesting career beyond one cop show: “Route 66”, “Sweet Smell of Success”, both “Dragnet”s (the 1950s one and the late 1960s-early 1970s one)…

Bonus #1: totally unrelated to police work, but something I found kind of cool. This is a vintage (1969, maybe) promo film by Canadair for their CL-215 water bomber.

Bonus #2: “Testing a $600 survival tool”.

$600? At that price, not only should it include a tent, but it had better be setting up that tent for me automatically. And making me breakfast in the morning and dinner at night.

Obit watch: April 10, 2021.

Saturday, April 10th, 2021

James Hampton. He was “Hannibal Dobbs”, the bugler on “F-Troop” and knocked around movies and TV quite a bit: “The Rockford Files”, “Sling Blade”, “The Longest Yard” (the original)…

…and, yes, “Mannix”. (“Hardball”, season 8, episode 24, the very last episode.)

Ramsey Clark, attorney general under LBJ.

He went beyond lawyering. In 1972, with the war in Vietnam dragging on, Mr. Clark met with Communist officials in Hanoi, the capital of North Vietnam, and publicly criticized American conduct of the war. That began a pattern: In 1980, months after Iranian revolutionaries had attacked the United States Embassy in Tehran and taken Americans hostage, he went to that city with nine other Americans, in violation of a travel ban, to help resolve the crisis and participate in a conference in which he criticized the United States for having supported Shah Mohammed Reza Pahlavi before he was deposed.
Six years later he met with Col. Muammar el-Qaddafi in Libya and denounced United States airstrikes against that country.
In November 1990, as the United States prepared for the Persian Gulf war, Mr. Clark, who had criticized the American deployment of forces in the gulf, consulted with Saddam Hussein in Iraq. The next year he filed a complaint with the International War Crimes Tribunal accusing President George Bush of war crimes.
In 2011, he condemned NATO’s bombing campaign against Qaddafi’s government. In 2013, he said Iran had no intention of building a nuclear bomb and denounced sanctions against that country. Later, he protested lethal attacks by unmanned American drone aircraft on other nations.

Martina Batan, NYC contemporary art dealer. But there’s a bit more to the story than that.

Her brother was murdered at 14. His death devastated Ms. Batan: the case has never been solved.

When she was 53, Ms. Batan decided to kick up the dust of her past and hired a private detective to look into the 1978 murder case. The events that transpired were documented in “Missing People,” directed by David Shapiro, who followed Ms. Batan for four years. The investigation uncovered vital new information about the murder, but it also added to her despair.

“What you gonna do when you get out of jail?…” part 374

Friday, April 9th, 2021

Time for some more true crime. Or “crime” in this first case.

At the end of WWII, some of Hitler’s SS men made off with an estimated $130 million in Nazi gold.

“SS Bank Heist – Berlin 1945”.

Bonus #1: Well, this is interesting. Somebody posted a full episode of the series “FBI: The Unheard Music The Untold Stories” (with Pernell Roberts) to the ‘Tube.

“The Hijacking of TWA Flight 541”. I picked up on this because it is one part of a story I find kind of interesting. Back in 1978, a 17-year-old girl named Robin Oswald hijacked a plane. Why? She was trying to get her mother’s boyfriend, Garrett Brock Trapnell, out of the Federal prison in Marion.

Why didn’t her mom do it? Because her mom was dead: Barbara Ann Oswald tried to break Trapnell out of Marion by hijacking a helicopter. When the chopper landed in the prison yard, the pilot grabbed the gun and killed Ms. Oswald.

The whole Garrett Trapnell story is really kind of crazy. Beyond the helicopter escape, he was a bank robber, con man, aircraft hijacker…and bigamist. There’s a book about him that I’d love to find: The Fox Is Crazy, Too (no affiliate link, because Amazon prices are insane).

(And for those of you concerned about me exploiting a 17-year-old: she was tried as a juvenile and did minimal time. Robin Oswald actually appears briefly in shadow talking about Trapnell’s hold over her, and how she was a dumb kid at the time: Roberts mentions that she’d led a “productive life” since then.)

I miss this series. It was tight and informative: I find “The FBI Files” to sometimes be a little on the long side. Somebody needs to release this series on DVD, or get streaming rights.

Bonus #2: I miss the series so much, how about another episode? This one is about one of those product tampering scares from the 1980s. But there’s a twist…

“What you gonna do when you get out of jail?…” part 365

Wednesday, March 31st, 2021

Man, one year of this. And I haven’t missed a day of being a lazy, shiftless blogger.

I thought today I’d do a sort of call back to the video that started it all, but from a different time – the 1980s – and a different source – the US Air Force. Even though it is an Air Force video, I consider it to be closer thematically to “Vehicle Ambush: Counterattacks”.

“Terrorism: A Survivable Threat”.

Bonus #1: “5 Police Cars Most Police Wish They Still Drove”.

Bonus #2: I’m not a huge fan of Jay Leno’s Garage, but since I’m doing cop stuff, and since I’ve written some in the past year about the California Highway Patrol, I thought I’d put this up: “Classic California Highway Patrol Cars”.

“What you gonna do when you get out of jail?…” part 361

Saturday, March 27th, 2021

When I win the lottery, one of the things I want to collect is a complete run of the “Notable British Trials” series. I have a few paperbacks which contain edited versions of some of the trials, but I don’t have any complete volumes, reprint or otherwise.

One of the paperbacks I do have contains the trial of William Joyce. Students of history may know him better as “Lord Haw Haw“.

“The Story of Lord Haw Haw and his Trial”, a 2015 BBC radio documentary. Since this is radio, you could put it on as background while you do something else.

Bonus: As long as we’re talking about trials, here’s a little something from the “Timeline” folks: “The Origins of Witch Trials”, part 1:

Part 2:

You see the signs, but you can’t read…

Sunday, March 21st, 2021

Sometimes, the warning signs are lit up with neon and searchlights, and people still miss them.

A married pair of San Francisco entrepreneurs were indicted Thursday on multiple federal charges, the latest twist in the saga of a once trendy, now bankrupt fecal matter-testing startup.
Zachary Schulz Apte and Jessica Sunshine Richman, co-founders of defunct microbiome testing company uBiome, are accused of bilking their investors and health insurance providers, federal prosecutors said. They were indicted Thursday on multiple federal charges, including conspiracy to commit securities fraud, conspiracy to commit health care fraud and money laundering.

Now, I’m just a poor dumb white boy from Hampden, but I feel like there’s at least two big warning signs that were missed here.

1.

San Francisco-based uBiome was founded in 2012, and kicked off the company in an unusual way for a biotech startup: via a Kickstarter campaign. Its offering was an at-home test to sequence the DNA of its customers gut microbiome, which could then in turn purportedly be used to improve health.

I’m an absolute believer that you should avoid – indeed, run away from – any crowd funding campaign that is medical or health care related.

2.

In 2018, Richman was even named an “innovator” winner in Goop’s “The Greater goop Awards” and at its peak, uBiome was valued at $600 million.

Goop? Seriously? No s–t.. Again: anything that’s recieved an award from Goop, is promoted on Goop, or has any involvement with Goop: run like hell in the other direction.

Obit watch: March 17, 2021.

Wednesday, March 17th, 2021

James Levine, “one of the world’s most influential and admired conductors”, according to the other paper of record.

Nicola Pagett, British actress. She was “Elizabeth Bellamy” on “Upstairs, Downstairs”.

Barbara Rickles, Don’s wife.

By many accounts, the Rickleses had one of the happiest marriages in show business. They socialized often with another enduring Hollywood couple, Bob and Ginny Newhart. Don Rickles died at 90 in 2017.
Barbara Rickles helped produce the Emmy-winning documentary “Mr. Warmth: The Don Rickles Project” (2007) and the 2020 release “Don Rickles Live in Concert.” Don Rickles, in serious moments, would note that he was nearly 40 on his wedding day and had struggled for years to find someone.
“I advise any young person that gets married, really, work at it. If you work at it, it’s delightful,” he said in 1986, during one of his many appearances on “The Tonight Show” with Johnny Carson, whom he would tease endlessly about his multiple marriages.

Burning in Hell watch: Ronald DeFeo.

Mr. DeFeo was convicted in 1975 on six counts of second-degree murder after he confessed to using a rifle to shoot and kill his father, Ronald DeFeo Sr.; his mother, Louise; his sisters, Dawn and Allison; and his brothers, Mark and John Matthew.
The victims were found in their beds with gunshot wounds on Nov. 13, 1974. Mr. DeFeo, the oldest of the siblings, was 23 at the time.

The historical significance of this is: the DeFeo’s old house in Amityville was sold to another couple a year later.

Yeah, that house.

That family, the Lutzes, stayed there for just 28 days and claimed that the house was haunted by poltergeists who slammed windows, banged walls and wrenched doors off their hinges.

Art (Acevedo), damn it! watch. (#AF of a series)

Tuesday, March 16th, 2021

I’m a little behind on this, but I have to note it here anyway: after a little more than four years on the job, Art Acevedo is leaving as chief of the Houston PD

to take over as chief of the Miami PD.

(“The Tom Brady of police chiefs”? Fark that.)

My personal feeling? He decided to leave town before he got run out on a rail behind the narcotics scandal. But that’s just my opinion: I could be wrong.

More interesting question that someone asked me last night: could Flint Ironstag Brian Manley be headed to Houston?

Well, it is close to home, and it is a larger department, and he does have a proven track record, and it seems Houston is slightly more reasonable (and less hostile to the police) than the current Austin city council. But: 30 years in at APD, 97+% of his salary in retirement…what incentive does he have to take another police job in the current environment?

Other than the challenge, I guess.

Edited to add 3/17: Ha!

Farewell to Art Acevedo, the LeBron James of performative self-promotion

“What you gonna do when you get out of jail?…” part 343

Tuesday, March 9th, 2021

Great and good friend of the blog RoadRich pointed out that Ernesto Miranda was born on this date in 1941.

You may remember Mr. Miranda from Miranda v. Arizona. Today’s feature video: “Right to Remain Silent: Miranda v. Arizona” from AnnnenbergClassroom.org.

Bonus: well, the discussion of Mr. Miranda kind of went a little sideways, what with talk of trying to find autographed Miranda warning cards and semi-related matters. (I can’t turn up any of the autographed ones online.) Lawrence mentioned in passing that Carmen Miranda was only 46 when she died, which is a fact I was not conscious of, and it kind of shocked me.

Carmen Miranda’s last performance on “The Jimmy Durante Show” in 1955.

According to Durante, Miranda had complained of feeling unwell before filming; he offered to find her a replacement, but she declined. After completing “Jackson, Miranda, and Gomez”, a song-and-dance number with Durante, she fell to one knee. Durante later said, “I thought she had slipped. She got up and said she was outa breath. I told her I’ll take her lines. But she goes ahead with ’em. We finished work about 11 o’clock and she seemed happy.”
After the last take, Miranda and Durante gave an impromptu performance on the set for the cast and technicians. The singer took several cast members and some friends home with her for a small party. She went upstairs to bed at about 3 a.m. Miranda undressed, placed her platform shoes in a corner, lit a cigarette, placed it in an ashtray and went into her bathroom to remove her makeup. She apparently came from the bathroom with a small, round mirror in her hand; in the small hall which led to her bedroom, she collapsed with a fatal heart attack.

“What you gonna do when you get out of jail?…” part 338

Thursday, March 4th, 2021

Travel Thursday!

Would you like to fly in my beautiful balloon? Or if not that, a passenger airplane from the 1950s?

From those wonderful folks at TWA, “Flight To California”.

Bonus, plus CanCon! “The Mother of Rivers”, about the Columbia River ice field. Made about 1947 for the Canadian National Railways by our old friends at the National Film Board of Canada.

Bonus #2: Again, I’m stretching the definition of travel, but this involves planes and is short. Have you ever wanted to see a Boeing 747-8 fully loaded abort a takeoff at 200 MPH? Using only the brakes, no reverse thrust? And by the way, the brakes are worn down to the metal studs?

“What you gonna do when you get out of jail?…” part 335

Monday, March 1st, 2021

Good news: I have a day off today, thanks to Cisco’s recent policy of semi-regularly granting “a day for yourself”.

Bad news: I have an engagement today that I expect will take all day.

So, this is a scheduled sampler pack.

There is a man named Charles Ingram. He used to be a major in the British Army.

In September of 2001, he appeared on “Who Wants to Be a Millionaire?” in Britain. His wife and brother-in-law had previously appeared on the show, and had each topped out at 32,000 GBP. Major Ingram made it all the way and won 1,000,000 GBP.

And almost immediately, questions arose.

“Major Fraud”, from “Tonight” with Trevor McDonald.

Bonus #1: “The Guys Who invented the Video Tape Recorder”. This is an approximately 30 minute interview with Jim Wheeler, a senior engineer at Ampex…the guys who invented the video tape recorder.

On a semi-related note, I was amused by this article that came across Hacker News about the Cambridge University Tape Recording Society for two reasons:

On the evening of 2 March 1969, a chauffeured Rolls-Royce pulled up outside Lady Mitchell Hall and disgorged two celebrity passengers. One was Yoko Ono, who had been invited to take part in a freeform jazz concert; the other was her fiancé, John Lennon. “That was the first time I had appeared un-Beatled,” Lennon later said of the couple’s improvised half-hour of atonal guitar and shrieking vocals.

“atonal guitar and shrieking vocals”. Need I say any more?

The activities of CUTRS were threefold. The first was recording performances at the University and the second was inviting leading audio professionals to give bi-weekly lectures. Both were partly funded by the third: buying blank tape in bulk and selling it to members at a discount.

“Frankly, we’re losing our shirts on this deal. But we’re looking for audiophiles who are interested in high-quality cassette tapes…”

Bonus #2: “Of Dolls and Murder”, about Frances Glessner Lee and the Nutshell Studies of Unexplained Deaths. If you’re not familiar with the Nutshell Studies, well, read the Wikipedia page, and then strap in, folks.

Seriously, has everything gone completely nutso?

Thursday, February 25th, 2021

Headline:

Lady Gaga’s Dog Walker Shot and Critically Wounded, 2 French Bulldogs Stolen

I don’t want to seem like I’m making fun of the poor guy: he’s currently hospitalized in critical condition, and I hope he makes a full recovery.

Tara Bruno, founder of SNORT Rescue, a New Jersey-based organization that rescues bulldogs, pugs and Boston terriers, says French bulldogs are among the most stolen dog breeds because they’re very popular, are small and portable, and are expensive.
French bulldogs from reputable breeders cost between $3,000 and $5,000, she says, while dogs from puppy mills or overseas importers with designer coats in blue or merle can bring in about $10,000.

I’d like to think there would be some issues fencing bulldogs stolen at gunpoint. For example, I think most people who would pay money for a French bulldog probably want one with papers, which I’m sure the dog walker was not carrying around with him…

“What you gonna do when you get out of jail?…” part 328

Monday, February 22nd, 2021

Been a while since I’ve done any vintage police training videos, mostly because not that many have been popping up.

Here’s one for you, from the FBI apparently sometime in the 1970s: “Examination Of Stolen Cars”.

Bonus #1: Don’t you love stupid people getting what is coming to them? I know I do. Plus: CanCon!

“Bait Car Greatest Hits” from the Vancouver Sun.

Bonus #2: “Accident Investigation” from 1974. Not one of those traffic safety films, but more a guide for the patrol officer on how to handle these situations: use your car as a shield, don’t move injured people, watch for spilled gasoline, etc…

Smash Lampjaw!

Saturday, February 13th, 2021

I wanted to note this yesterday, but I was kind of waiting to hear back from someone.

Austin Police chief Punch Rockgroin Brian Manley is retiring at the end of March.

He’s been the police chief for about three years, but he’s been on the force for 30.

It could be that he’s fed up with the current state of Austin politics and wants to get out while the getting is good. (Lawrence has suggested that Chief Slate Slabrock would have a lot of support if he ran for mayor. I currently live outside the city limits so I can’t vote for him if he does run.)

It could just be that, after 30 years, he wants to go off and do something else. At the 30 year mark, an APD officer gets 96% of their base salary in retirement. I think that’s based on your salary for the past two years, but I could be wrong about that. At “commander” rank, base salary ranges from $138,144 to $158,160 a year: I’m not clear on what chief pay is, but even 96% of the high end for a commander is still over $150K a year. Plus Chief Roll Fizzlebeef has a MBA from St. Edward’s University (one of the reasons I like the guy) so I doubt he’d have any trouble finding a job in private business.

Another person who shall remain nameless shared some speculation that Chief Punch Sideiron resigned as part of a deal with the City Council and city manager to get them to approve a new police academy class: we’ll bring in some new recruits who will (we hope) turn into officers, and in return you get to appoint the next guy to run the department. If so, that would be fairly noble on his part.

The big question in my mind right now is: who gets the job? Somebody local (which is another reason I liked Chief Rip Slagcheek: he was a local boy), or will they bring in someone from California (like they did with the previous chief, Art damn it! Art Acevedo). I suspect the latter, but would be pleasantly surprised with the former, depending on who they do appoint. (Ken Cassady, the head of the police union, is probably right off the list of candidates.)

I wish Chief Buck Plankchest the best of luck in whatever he does next, even if it does mean I don’t have as many chances to use selections from the Dave Ryder Wiki entry.