Archive for the ‘Law’ Category

Railroaded.

Monday, October 5th, 2020

In a just society, this would be considered “justifiable homicide”.

A 35-year-old Arkansas man was sentenced to more than 100 years for fatally shooting a woman and wounding his brother over a fast-food order last year, KTHV reported.

According to FOX13, a neighbor heard Crocket say, “B—-, you know I don’t like mayonnaise on my hamburger,” when he received his meal order. According to the local news outlet, Crockett struck Aldrige once and Thomas three. Crockett turned himself in to police custody days after the shooting, according to the report.
FOX13 reported that a jury found Crockett guilty of first-degree murder and first-degree battery. Circuit Judge Ralph Wilson sentenced Crocket to up to 130 years in prison, due to his multiple counts including 75 years for first-degree murder, 40 years for first-degree battery, and an additional 15 years for possession of a firearm as a felon, the report said.

(Hattip: my mother.)

I missed the other big news yesterday.

Tuesday, September 29th, 2020

There was another set of indictments that came down which I totally missed. And these are a surprise, though they don’t get the “tax-fattened hyena” tag.

Eight former NFL players and a Houston athletic trainer were indicted in a scheme to attempt to defraud an NFL player trust by submitting false claims for medical benefits, Harris County District Attorney Kim Ogg announced Monday.
The players, which include former Texans receiver Corey Bradford and linebacker Shantee Orr, are accused of submitting false reimbursement claims for physical therapy by Houston trainer Louis Ray, who owns Rehab Express in the Galleria area.

Apparently, this was the old “create fake invoices” scheme. The players would turn the invoices over to the “Gene Upshaw NFL Player Plan, a health-reimbursement account set up for former players”, get payments, pocket the money, and kick some back to Rehab Express for creating the invoices in the first place.

Medical records show that 92 claims were submitted claiming reimbursements totaling $723,826 with Ray allegedly receiving payments totaling $112,972, according to Ogg.

If I run the numbers on this after taking out Ray’s share, it works out to an average of about $76,000 per player. Which isn’t exactly small change, but it’s not in the sevenn or eight figure range where I would consider doing a crime and escaping to a country without an extradition treaty. Also, the payouts seem to have varied quite a bit:

Ray, 59, was indicted on a first-degree felony of Securing the Execution of a Document by Deception, for allegedly taking checks valued at more than $300,000.
Bradford, who was an original member of the Houston Texans in 2002 and played four seasons for the team, was indicted on a second-degree felony for allegedly taking checks valued at more than $150,000 and less than $300,000.
Orr, who played linebacker for the Texans from 2003 to 2007, was indicted for a third-degree felony for allegedly taking checks valued at more than $30,000 and less than $150,000. Fabian Washington, James Adkisson, Rex Hadnot, Clint Ingram and Chad Slaughter were indicted for the same.
Derrick Pope, who graduated from Galveston Ball High School and played linebacker for the Dolphins for four seasons, was indicted for a state-jail felony for allegedly taking checks worth more than $2,500 and less than $30,000.

You’re going down in flames, you tax-fattened hyena! (#66 in a series)

Monday, September 28th, 2020

Whoa.

A Williamson County grand jury has indicted Sheriff Robert Chody on an evidence tampering charge in the destruction of reality TV show footage that showed deputies chasing and using force on a Black man who died last year.

(Previous background on the case in question from WCD.)

Former Williamson County general counsel Jason Nassour, who was also at the scene of the deadly March 2019 incident, also was indicted on a evidence tampering charge. The charge, a third-degree felony, is punishable by two to 10 years in prison and a fine of up to $10,000.

Prosecutors have said they could not disclose what they learned about Chody’s role in the video destruction because of the ongoing case.

But here’s something interesting.

The contract between Williamson County and “Live PD” producers in place at the time of Ambler’s death allowed the show to destroy unaired footage within 30 days unless a court order or other state or federal law required it to be retained.
“Live PD” host Dan Abrams said in television interviews and in a post on his web site that sheriff’s officials initially asked producers to preserve the video. Two months after Ambler’s death, Chody told them the investigation was completed. At that point, Abrams said, producers destroyed the video.

If I understand the story correctly, though, both the WillCo and Travis County DAs offices were still investigating this as a death in custody.

Yadda yadda presumption of innocence yadda yadda “growing scrutiny” of the sheriff’s office.

The charge against Chody comes 39 days before the Nov. 3 election. The first-term sheriff is being challenged by Democrat Mike Gleason, who is retired after serving 24 years in the Williamson County sheriff’s office.

Obit watch: September 19, 2020.

Saturday, September 19th, 2020

For the historical record: Ruth Bader Ginsburg. NYT. The Washington Post has made their website basically unlinkable.

I don’t have much I can say: I am not a lawyer or a Supreme Court watcher, and the politics are best left to others better equipped to cover that.

When a drawbridge comes along, you must whippit…

Thursday, September 17th, 2020

Seemingly taking his Dodge Stratus’s “cloud car” nickname literally, the unnamed 26-year-old went airborne and cleared the gap, but managed to burst all four tires and smash his windshield upon landing and crashing on the other side of the bridge.
“Over he went, blew out all four of his tires, and then he crashed into the other gate,” said Locke, who likened the jump to a similar flight by a Dodge Monaco in 1980’s The Blues Brothers. “That’s a first for me.”
Police immediately received a call reporting a car had “Dukes of Hazzard-ed across” the bridge, and on response, found the driver with a canister of nitrous oxide in his car. Known as “whippits” due to its common use as propellant in canned whipped cream, NO2 is a dissociative sometimes inhaled to experience a “floating” sensation, per Australia’s Alcohol and Drug Foundation.

Based on the story, I think the police did try to detect it, but they didn’t have to try very hard.

There is no word so far on the status of the cream.

“What you gonna do when you get out of jail?…” part 170

Wednesday, September 16th, 2020

Today, I wanted to put up something that pushes a few of RoadRich’s hot buttons (and my own).

The California Highway Patrol has a YouTube channel. I thought it might be interesting to look at some aspects of operations that are common to both the Austin Police Department and the CHP. These are things that APD devotes presentations to in their Citizen’s Police Academy (which is on-hold at the moment), so why not take a look at how a department outside of the United States handles these things?

First up: “Air Operations”. This is a two-parter: Part 1.

(Can I note here that I hate “vlog”? I would say I hate the word, but it isn’t even a word.)

Part 2: this covers CHP’s fixed-wing (that is, not helicopter) operations.

You know what else CHP has? The mounted police.

You know I had to do that.

Anyway, the CHP mounted patrol.

Brief historical note, suitable for use in schools.

Wednesday, September 16th, 2020

I would completely have missed this if it were not for Hacker News, but: today is the 100th anniversary of the Wall Street bombing.

In 1919, a coordinated attack had bombs going off in seven cities, including Washington, DC, where an explosive was supposed to land on the porch of US Attorney General A. Mitchell Palmer. But, said Gage, “it was set to a timer and went off prematurely. The guy carrying the bomb, an Italian anarchist, got killed. Pieces of his body were found all over Palmer’s neighborhood.”

It’s widely speculated that an Italian anarchist named Mario Buda did the deed in retaliation for the murder-robbery indictment of Nicola Sacco and Bartolomeo Vanzetti (better known as Sacco and Vanzetti). Buda, who was thought to be involved in the 1919 bombings, was never brought in for questioning and fled to Italy soon after the Wall Street attack.

There’s an interesting book by Mike Davis, Buda’s Wagon: A Brief History of the Car Bomb (affiliate link). He views the Wall Street bombing as the first car bomb, even though it wasn’t really a “car” bomb.

FBI page. There’s an “American Experience” documentary that you can apparently stream for free if you’re a PBS station member or have Amazon Prime.

Obit watch: September 15, 2020.

Tuesday, September 15th, 2020

Jack Murphy, aka “Murph the Surf”, the man who stole the Star of India. He was also a convicted murderer.

At the J.P. Morgan Hall of Gems and Minerals at the American Museum of Natural History, on Central Park West, they noted lax security and gawked at what they found there: the Star of India, a 563-carat, oval-shaped blue sapphire, 2.5-inches long (a golf ball is 1.68 inches in diameter); the DeLong Star Ruby, at 100.32 carats; and the 116-carat Midnight Star, one of the world’s largest black sapphires.
On the night of Oct. 29 [1964], a Thursday, with Mr. Clark on the street as lookout, Mr. Murphy and Mr. Kuhn, carrying a coil of rope, scaled a tall iron fence behind the museum, climbed a fire escape to the fifth floor and inched along a narrow ledge. Tying the rope to a pillar above an open fourth-floor window, Mr. Murphy swung down and used his foot to move the sash.
They were in.
The glass protecting the important gems was a third of an inch thick, too strong to break with a rubber mallet. Instead of risking noise with heavy blows, they used cutters to score circles of glass; duct tape to cover the circles, to prevent shattering and muffle the sound; and a rubber suction cup to pull the pieces out.
They opened three cases and bagged 22 prizes: emeralds, diamonds, rubies, sapphires and gem-laden bracelets, brooches and rings. Finally, they went out the window, climbed down and walked away, encountering several police officers on their beat.
“Good evening, officers,” Mr. Murphy said. They gave him a nod and kept walking.

They were caught within days and served time.

In 1967, he and a Miami thug, Jack Griffith, met Terry Rae Frank and Annelie Mohn, secretaries who had stolen $500,000 in securities from a California brokerage where they worked. Prosecutors later said Mr. Murphy had conspired with the women in the theft, and gave them a hide-out in Miami.
Mr. Murphy and Mr. Griffith took the women on their last ride: a midnight speedboat excursion to Hollywood, north of Miami, ostensibly to discuss disposing of the securities (worth $4 million in today’s dollars). But in a waterway called Whiskey Creek, the women were bludgeoned and hacked to death, and their bodies, anchored with concrete blocks, were dumped overboard.
Traced through the stolen securities, Mr. Murphy and Mr. Griffith were charged with the killings. In a 1969 trial in Fort Lauderdale, they blamed each other for the murders and were both convicted. Mr. Griffith was sentenced to 45 years and Mr. Murphy to life in prison.
After 17 years in Florida prisons, Mr. Murphy was released in 1986, vowing to spend his remaining years on “God’s business.” For three decades, supported by groups like the International Network of Prison Ministries, he traveled from his home in Crystal River to preach to inmates in a dozen countries.
He appeared on Christian broadcasts and at criminal rehabilitation conferences, sometimes with an entourage of major league athletes and popular singers. In 2000, the Florida Parole Board ended his lifetime parole.

“What you gonna do when you get out of jail?…” part 162

Tuesday, September 8th, 2020

I haven’t posted any vintage police training videos in a while, because I really haven’t been finding any. At least, none have been popping up in my YouTube feed.

However, I went looking for a specific FBI video that Bill Vanderpool mentioned in his book, Guns of the F.B.I. : A History of the Bureau’s Firearms and Training. (Longer write up about that book to come.) I couldn’t find it, but I did find this:

“Officer Down Code Three” from 1975. This is one of those Motorola videos, but the quality of the transfer seems to me to be a bit higher. It is also interesting for another reason: this video is adapted from Pierce R. Brooks’s book of the same name.

Officer Down Code Three is considered by some to be the first “officer survival” book. It precedes the somewhat more famous Street Survival by about five years.

Rather than going into more detail about the book and author, I will refer you to this excellent review from FotB (and official firearms trainer to WCD) Karl Rehn of KR Training.

Bonus: vintage LAPD recruiting film from the 1950s.

Obit watch: September 6, 2020.

Sunday, September 6th, 2020

Dennis C. Eberhart. He was one of my uncles from my mother’s side of the family.

Gerald Shur, one of the founders of WITSEC. Here’s the NYT obit, but I would encourage folks to go read the very nice blog post by Pete Earley first.

Obit watch: September 5, 2020.

Saturday, September 5th, 2020

Julia Reed, writer about food and the South. She wasn’t someone I was really familiar with, but reading her obit makes her sound like a barrel of fun.

Deeply imprinted by the Mississippi Delta traditions she grew up with, Ms. Reed was as well known for her entertaining as her journalism. In one of her many food columns for The New York Times Magazine, she described a New Year’s Eve party that had gone off the rails. There was a fistfight, more than one bathroom dalliance, the unmasking of an arms dealer, a fainting, a fire and more — all of which she missed but heard about secondhand by phone when she awoke with a hangover the next day.

Ms. Reed earned her first byline at 19, when she was a sophomore at Georgetown University in Washington and a part-time library assistant and phone answerer, as she put it, at Newsweek, a job she had held since she was a student at Madeira, an all-girls boarding school in Virginia.
When the school’s headmistress, Jean Harris, murdered her lover, Dr. Herman Tarnower, the celebrity doctor and creator of the Scarsdale Diet, Newsweek’s Washington bureau chief sent Ms. Reed to get the Madeira angle. As Ms. Reed wrote, he woke her up with an order to head back to her old school. When she wondered why, he barked, “You idiot, your headmistress just shot the diet doctor!”
Ms. Reed liked to say she was sorry the doctor had to give his life in service to her career as a journalist.

Mr. Talley also recounted the story of Ms. Reed’s aborted marriage to a charming Australian foreign correspondent. She canceled the wedding, a full-on Southern affair with nearly 1,000 guests, but the couple went on their honeymoon anyway — it was paid for, after all — ending up at the Ritz in Paris, where they met Mr. Talley, and holding court in the bar until the early hours of the morning, with characters as various as Madonna’s bodyguards, Kate Moss, Johnny Depp and Arlene Dahl.

Cathy Smith is burning in Hell.

Ms. Smith is the woman who gave John Belushi the fatal speedball.

Obit watch: September 4, 2020.

Friday, September 4th, 2020

Tom Seaver.

With precise control, he had swing-and-miss stuff. He struck out more than 200 batters in 10 different seasons, a National League record, and on April 22, 1970, facing the San Diego Padres, he struck out a record 10 batters in a row to end the game. His total of 3,640 strikeouts in his 20 big-league seasons is sixth on the career list.
He was also a cerebral sort, a thinker who studied opposing hitters and pored over the details of each pitch — its break, its speed, its location. As he aged and his arm strength diminished, it was his strategic thinking and experience that extended his career.

He was the team’s first bona fide star, known to New York fans as Tom Terrific and, more tellingly, The Franchise. The team was established five years before he arrived, and had not finished higher than ninth in the 10-team National League. Even then, the Mets had quickly earned a reputation for chuckleheaded ineptitude.
The Mets were hardly more inspiring in Seaver’s first two seasons, finishing 10th in 1967 and ninth in 1968, but Seaver himself served as the signal that the team’s fortunes were turning.
Until his arrival, no Mets pitcher had ever won more than 13 games in a season; Seaver won 16 his first year and 16 more the next.
He was the league’s rookie of the year in 1967, and was an All-Star nine times in 10 full seasons with the Mets. He had five seasons with more than 20 wins for the team, led the league in strikeouts five times and in earned run average three times. He won three Cy Young Awards as the league’s best pitcher.

In what The New York Times called “one of the blockbuster trades in baseball history,” he was immediately sent to the Reds for four players of far lesser stature: Pat Zachry, Doug Flynn, Steve Henderson and Dan Norman.
“Dick Young dragged my wife and family into it, and I couldn’t take that,” Seaver said after the trade. “I called the Mets and said, ‘That’s it, it’s all over.’ This alliance or whatever it is — this alliance between Young and the chairman of the board — is stacked against me.”
The deal, which became known among Met fans as the Midnight Massacre — two other Mets, Dave Kingman and Mike Phillips were traded the same night — has been considered by many as the lowest point — or as The New York Post has called it, “the darkest day” — in Mets history.
It certainly didn’t work out for the Mets. Seaver shined for the Reds and without him, attendance at Shea Stadium plummeted for the Mets, who finished in last place three seasons in a row and didn’t win as many as 70 games until 1984.

For his career he was 311-205 with an earned run average of 2.86.

Sophia Farrar. She’s kind of an obscure figure, but this gives me a chance to give the NYT another swift kick in the teeth.

Ms. Farrar tried to help Kitty Genovese.

Two weeks after the murder, The New York Times reported in a front-page article that 37 apathetic neighbors who witnessed the murder failed to call the police, and another called only after she was dead.
It would take decades for a more complicated truth to unravel, including the fact that one neighbor actually raced from her apartment to rescue Ms. Genovese, knowing she was in distress but unaware whether her assailant was still on the scene.

“For more than half an hour 38 respectable, law-abiding citizens in Queens watched a killer stalk and stab a woman in three separate attacks in Kew Gardens,” the Times article began (there were actually only two attacks). “Twice the sound of their voices and the sudden glow of their bedroom lights interrupted him and frightened him off. Each time he returned, sought her out and stabbed her again.”
That account — epitomized by one neighbor’s stated excuse that “I didn’t want to get involved” — galvanized outrage, became the accepted narrative for decades and even spawned a subject of study in psychology: how bystanders react to tragedy. Except that with the benefit of hindsight, the number of eyewitnesses turned out to have been exaggerated; none actually saw the attack completely; some who heard it thought it was a drunken brawl or a lovers’ quarrel; and several people said they did call the police.

(Previously. Previously.)

Obit watch: August 26, 2020.

Wednesday, August 26th, 2020

For the historical record: Gail “Passages” Sheehy.

Justin Townes Earle, singer, songwriter, and son of Steve Earle. He was only 38.

Norman Carlson. He ran the Federal Bureau of Prisons from 1970 to 1987.

Starting in the early 1980s, government policies like the war on drugs and mandatory minimum sentencing had led to mass incarceration, swelling inmate populations in both state and federal systems. Aiming to ease the stress on penitentiary inmates and staff, Mr. Carlson favored building more prisons; during his tenure, he created 20 new facilities, nearly doubling the existing number.
And in Marion, Ill., he established a tough new system of solitary confinement that became the model on which future supermax penitentiaries were based. These included the United States Penitentiary Administrative Maximum Facility in Florence, Colo., known as the ADX; it is the toughest prison in the federal system, housing those who have been labeled the “worst of the worst.”

Mr. Carlson was credited with professionalizing the Bureau of Prisons. He disciplined officers who beat inmates, setting a policy of zero tolerance for prisoner abuse. Guards were to call themselves corrections officers, and assistant wardens were to wear suits and ties. He often ate with prisoners and brought along his wife and children, to show that prison food was good enough for his own family.
And he was a stickler for cleanliness.
“Mr. Carlson viewed a dirty prison as a sign of poor management; consequently floors were highly polished and walls kept painted,” Mr. Earley wrote. He said that one warden was so eager to please the director that when the snow outside had turned muddy and brown, the warden had his staff sprinkle flour on it to make it look whiter before Mr. Carlson arrived.

“We have to divorce ourselves from the notion that we can change human behavior, that we have the power to change inmates,” Mr. Carlson told Mr. Earley. “We don’t. All we can do is provide opportunities for inmates who want to change.”

(Pete Earley’s The Hot House is a swell book about Leavenworth specifically, and to some extent about the Federal prison system in general. I enthusiastically recommend it if you’re interested in prisons or criminal justice issues.)

“What you gonna do when you get out of jail?…” part 143

Thursday, August 20th, 2020

Travel Thursday!

I thought I’d do something different today. Instead of planes for our first video, trains. And instead of visiting a relatively civilized country, a fifth world banana republic.

“The California Zephyr”! With VistaDome! And courteous waiters!

To be fair, this is from the 1950s, prior to the decline and fall. And somewhat interestingly, Amtrak still runs a train called “California Zephyr” over a similar route (According to Wikipedia, the original Western Pacific Railroad, Burlington Railroad and Rio Grande Railroad incarnation shown here was discontinued in 1970, and Amtrak began running their version in 1983.)

Bonus video #1: More trains, this time the Santa Fe railroad. “Southern California Holiday”. Both of these videos also include some footage of the happiest place on Earth.

“You may cross here from country to country, with no passport problems.” I remember those days. (Never been to Tijuana, but when I was young, my family walked across the border between Texas and Mexico more than once. And when I was older, I made a couple more cross-border trips with friends. Then Homeland Security.)

Bonus video #2: Okay, travel by air this time. “California: World In a Week”, from the 1960s and United Airlines.

It is almost like being there. Except you don’t have to step over the needles and feces. Marineland of the Pacific operated until 1987, when it was bought by the people who owned SeaWorld. The new owners promptly moved all of the animals to SeaWorld San Diego, shut down Marineland, and poured concrete into the drains.

(Also.)

“What you gonna do when you get out of jail?…” part 142

Wednesday, August 19th, 2020

One thing that I love is a good caper.

Well, I do like capers. But what I really meant was “capers”. You know, heists. Daring robberies. That sort of thing.

Something called “Wonder” has been popping up in my recommendations. I’m a little hesitant about posting much from them, but these are fairly short and part of what appears to be the same series: “Daring Capers”.

The first one is the one that I really wanted to post, for reasons: the December 11, 1978 Lufthansa heist.

You remember the Lufthansa heist, don’t you? Jimmy Burke Jimmy Conway, Paul Vario Paulie Cicero, those guys, those Goodfellas?

I thought this was an interesting supplement, if you will.

Bonus: the January 2, 1972 Pierre Hotel robbery.

This robbery would later be listed in the Guinness Book of World Records as the largest, most successful hotel robbery in history.

I chose this one because I’ve read Ira Berkow’s book about the Pierre, which tells the story mostly from Bobby Comfort‘s point of view. I note that the paper of record says $3 million, while the series claims $10 million. The $3 million figure is supported (to the extent anything can be supported) by Wikipedia. But as I recall, there are some questions about whether the robbery victims reported everything they lost: for example, stashes of untaxed cash.

One more: the July 16, 1976 robbery of the Société Générale bank in Nice.

Tunnel heists are awesome. Also, Lawrence gave me a much appreciated copy of The Gentlemen of 16 July for Christmas one year.