Archive for the ‘Law’ Category

Obit watch: March 14, 2019.

Thursday, March 14th, 2019

This literally just in, hot off the virtual press: Birch Bayh, former Senator from Indiana. Possibly more later.

Going out to great and good friend of the blog Borepatch: Hal Blaine, noted session drummer.

Mr. Blaine was part of a loosely affiliated group of session musicians who in the early 1960s began dominating rock ’n’ roll recording in Los Angeles. Along with guitarists like Glen Campbell and Tommy Tedesco, bassists like Carol Kaye and Joe Osborn, and keyboardists like Leon Russell and Don Randi, Mr. Blaine played on thousands of recordings through the mid-1970s.
He famously said he gave the group its name, the Wrecking Crew, although Ms. Kaye has insisted that he did not start using that term until years after the musicians had stopped working together.

He substituted for Dennis Wilson on many of the Beach Boys studio recordings:

Asked if Mr. Wilson was angry that he was replaced in the studio, Mr. Blaine said he was not.
“He was thrilled,” he said, “because while I was making Beach Boy records, he was out surfing or riding his motorcycle. During the day, when I was making $35 or $40, that night he was making $35,000” performing live.
Mr. Blaine’s other studio credits include Presley’s “Can’t Help Falling in Love,” Simon & Garfunkel’s “Mrs. Robinson,” the 5th Dimension’s “Aquarius/Let the Sunshine In,” the Byrds’ “Mr. Tambourine Man,” Ms. Streisand’s “The Way We Were,” the Crystals’ “Da Doo Ron Ron” and Herb Alpert and the Tijuana Brass’s “A Taste of Honey.”

The NYT has an interesting way of presenting the obit for former UT president Bill Powers:

Francesco Cali passed away last night. He was shot six time outside his home, and (according to one report Lawrence sent me) run over by a pickup truck.

Mr. Cali was the current reputed boss of the Gambino family, John Gotti’s old outfit.

The assassination of Mr. Cali came on the same day that Joseph Cammarano Jr., the reputed acting boss of the Bonanno crime family, was acquitted at trial, and about a week after Carmine J. Persico, a longtime boss of the Colombo crime family, died in prison at age 85.

NYT on the Cammarano acquittal. Previously on Carmine “The Snake” Persico.

Edda Goering, Herman’s daughter, passed away. She was 80.

Does this count as a tax-fattened hyena watch?

Tuesday, March 12th, 2019

Lawrence is all over the Felicity Huffman/Lori Loughlin bribery case, which apparently also involves a UT tennis coach. Additional coverage from ESPN. NYT coverage.

The story is developing, I don’t have as much time as I’d like to keep on top of it, and I don’t want to tread on Lawrence’s turf (although it doesn’t look like anyone was taking bribes to admit giant spiders to Yale. Yet.), so I’d recommend keeping an eye on the three sites above for updates.

Obit watch: March 9, 2019.

Saturday, March 9th, 2019

I held back on these yesterday because I wanted to give them 24 hours to shake out.

Dan Jenkins, noted Texas author (Semi-Tough) and sports writer. NYT.

If you want to get a taste of his work, you could do worse than browse through the “SI 60“, especially “The Disciples Of St. Darrell On A Wild Weekend: A Texas football odyssey” and “The Sweet Life Of Swinging Joe: Joe Namath, celebrity and New York City“.

Jan-Michael Vincent, for the historical record.

Carmine “The Snake” Persico, noted Mafia boss.

“He was the most fascinating figure I encountered in the world of organized crime,” said Edward A. McDonald, a former federal prosecutor who was in charge of a Justice Department unit that investigated the Mafia in the 1970s and ’80s. “Because of his reputation for intelligence and toughness, he was a legend by the age of 17, and later as a mob boss he became a folk hero in certain areas of Brooklyn.”

The extent of Mr. Persico’s influence and authority in the Mafia was exposed at a watershed federal trial in 1986 in Manhattan. He and the reputed bosses of the Genovese and Lucchese crime families were convicted of being members of the Commission, the select body that resolved major disputes and set policies for the five New York crime families: the Bonanno, Colombo, Gambino, Genovese and Lucchese factions.
At the trial, Mr. Persico, a high school dropout, decided to represent himself, and he won the praises of lawyers and judges for his acumen in questioning witnesses, writing legal briefs and raising points of law.
His unorthodox trial tactics failed, however, and he was convicted, along with Anthony Corallo, the accused boss of the Lucchese family, and Anthony Salerno, a high-ranking member of the Genovese family. Each man was sentenced to 100 years in prison without the possibility of parole after being found guilty of conspiracy to commit murders, racketeering and leading a criminal enterprise, the Commission.

Totally random stuff: March 6, 2019.

Wednesday, March 6th, 2019

I’ve been getting more and more depressed by what seems to be the constant stream of obit watches, so I decided it was time to do another variety post. (Not to be confused with variety meats, although that’s an easy mistake to make.)

Obit watch: King Kong Bundy, pro wrestler.

In one memorable match at the first WrestleMania, in 1985 at Madison Square Garden, Bundy snatched Special Delivery Jones in a bear hug, slammed him into the turnbuckle, hit him with an avalanche and then finished him with a splash, pinning him in a matter of seconds.

Legal update #1: sentences in the basketball bribery case.

James Gatto, the former head of global basketball marketing at Adidas, was sentenced to nine months by U.S. District Court Judge Lewis A. Kaplan. Merl Code Jr., another former Adidas employee, and Christian Dawkins, an aspiring agent, were given six months each. Code and Dawkins, who are also defendants in next month’s trial, were ordered to pay restitution of a little more than $28,000 each, with Gatto’s amount of restitution still to be determined.

(Previously.)

Legal update #2: no, the government can’t seize the trademark of the Mongols motorcycle club. Again.

Denying Mongol members the ability to display the logo on their leather riding jackets and elsewhere would overstep the right to free expression embedded in the 1st Amendment, as well as the 8th Amendment’s ban on excessive penalties, U.S. District Judge David O. Carter found.

(Previously. I actually saw this over the weekend, but have been waiting for a better link: the LAT has become increasingly obnoxious.)

Obit watch: March 5, 2019.

Tuesday, March 5th, 2019

Luke Perry, for the record. I wish I could say more, other than 52 is too young.

Nathaniel Taylor. He was perhaps best known as “Rollo” on “Sanford and Son”.

Last and least, serial killer Juan Corona.

I thought about using the “is burning in Hell” line for the late Mr. Corona. But if you read the NYT obit (and I’ve seen these facts referenced elsewhere), there were some…questionable things that went on during his two trials:

Prosecutors were found to have misplaced or mishandled evidence, and forensic tests that ought to have been done early on were delayed. At one point a prosecutor improperly suggested that Mr. Corona’s refusal to testify suggested that he was guilty.
The judge, who repeatedly expressed dismay at the prosecutors’ performance, reminded the jury that the burden of proof rested totally on the prosecution. Mr. Corona was convicted on Jan. 18, 1973, and sentenced to life in prison. (The California Supreme Court had overturned the state’s death penalty months before the trial.)

Even after finding Mr. Corona guilty, some jurors said they were “shocked” and “flabbergasted” that his defense had presented no psychiatric evidence on his behalf. His original public defender had planned to have him plead not guilty by reason of insanity, but the family retained a lawyer who spurned that approach. Later, the lawyer was found to have been angling for a book deal about the case.
In May 1978, a California appeals court overturned the conviction, declaring that Mr. Corona’s defense had been inept and compromised.

During the second trial, Mr. Corona’s new lawyers suggested that the actual killer was his half-brother, Natividad Corona, who had disappeared somewhere in Mexico. Mr. Corona was convicted again. As far as I can tell, he’d been in jail or prison since 1971.

Quick follow ups.

Saturday, February 23rd, 2019

You may recall the Schlitterbahn case from last year, where a 10-year old boy was decapitated on a water slide and the owner and designers were charged with various crimes, including second degree murder.

Well.

The Kansas City Star reports that Wyandotte County Judge Robert Burns found Friday that state prosecutors showed grand jurors inadmissible evidence in dismissing second-degree murder charges against Schlitterbahn owner Jeff Henry and designer John Schooley. The judge also dismissed an involuntary manslaughter charge against operations manager Tyler Miles.

Here’s the coverage from the KC Star, which clarifies things a bit for me:

[Judge Robert] Burns sided with defense attorneys who argued that lawyers in Kansas Attorney General Derek Schmidt’s office showed a Wyandotte County grand jury evidence that would not have been admissible in trial — clips of reality television, misleading expert testimony and references to an unrelated death from years ago — that improperly influenced the grand jury in handing down criminal charges.

For now, Schlitterbahn co-owner Jeff Henry, Verruckt designer John Schooley and former Schlitterbahn operations manager Tyler Miles face no criminal charges in Caleb’s death. The Kansas Attorney General can seek criminal charges again, either through another grand jury, through a preliminary hearing or seek an appeal of Burns’ decision. Or they could just walk away from the case.

Interesting side note:

Since the Kansas Attorney General took over the case from the Wyandotte County District Attorney, county taxpayers have paid {Kansas AG Derek] Schmidt’s office more than $125,000 in reimbursed expenses through November. The office’s work has resulted in two defendants being acquitted at trial last year and now five dismissed indictments.

One of Grits For Breakfast’s round ups this week contained a little more information on that Lubbock medical examiner mess I mentioned previously. This situation is even weirder than I initially thought it was. You have Dr. Andrews saying “the previous ME was a drunk, he used county facilities for private business, and he took bribes to change results”. But then you have the guy who supposedly made these claims to Dr. Andrews saying, “No, I never said any such thing.” Keep an eye on this one.

Important safety tip tweet of the day.

Thursday, February 21st, 2019

Because, sometimes, it just needs to be said:

Lord Nelson.

Thursday, February 21st, 2019

Item #1: the Circuit of the Americas is not going to get money from the state of Texas for last year’s Formula One race.

The stunning development means the track in Southeast Austin will forfeit $25 million or more in state funds through the Major Event Reimbursement Program. The state reimbursed the racetrack $27 million through the program after the 2017 U.S. Grand Prix, $26 million for the 2016 F1 race and $22.7 million for the 2015 U.S. Grand Prix.

Why are they being cut off? Would you believe…they didn’t file their anti-human trafficking paperwork in time?

According to an October 2018 letter from the governor’s office that was obtained by the Statesman, CELOC [Circuit Events Local Organizing Committee – DB] missed the deadline to submit a required human trafficking prevention plan by 30 days before the 2018 U.S. Grand Prix. Bryan Daniel, the governor’s executive director of economic development and tourism, wrote that because CELOC failed to meet the deadline, its application for reimbursement had been rescinded.
The plan was due Sept. 19, but CELOC did not submit it until Oct. 3.
“In this case, the law is clear that if a human trafficking prevention plan is not submitted 30 days prior to an event, a reimbursement from the Major Events Fund cannot be issued,” Abbott spokesman John Wittman said in an emailed statement. “The State of Texas and COTA have a productive partnership that has had a tremendous economic impact on the city of Austin and the state as a whole, and our office is already working with COTA on next year’s race.”

As much as I enjoy seeing these people cut off from their state subsidy, I have a feeling we haven’t seen the end of this, and that somehow somebody’s going to figure out an end run to get them their $25 million.

Item #2:

At a murder trial last week in Travis County, a defense lawyer for a woman accused of fatally shooting her fiancé approached the witness stand and began asking questions to an empty chair. The attorney, Brian Erskine, was expressing disbelief that forensic examiner Dr. Sam Andrews did not show up to testify about his autopsy on 37-year-old victim Bradley Sullivan.

Did the Honorable Mr. Erskine think he was Clint Eastwood? And why wasn’t Dr. Andrews in court?

Turns out…

…Andrews no longer is welcome in Travis County courtrooms. The district attorney’s office recently decided it will not sponsor his testimony amid an ongoing Texas Rangers and Texas Medical Board investigation into his work at his new job as the chief of the Lubbock County medical examiner’s office.

The basis for the investigation has not been revealed. However, a Lubbock County commissioner might have given hints in a letter to a judge Monday in which he alleged that Andrews had improperly harvested excessive body tissue from deceased children for research. The letter from Commissioner Jason Corley to County Judge Curtis Parrish also states that another doctor in Andrews’ office, Evan Matshes, had performed autopsies despite not being licensed to practice medicine in Texas. Similar allegations are outlined in a lawsuit against Andrews and Matshes by a former employee of the medical examiner’s office.

According to the Statesman, the DA’s office doesn’t think this is a huge problem: Dr. Andrews did a total of ten autopsies in cases that are still pending. But in eight of those, “the cause of death could not be reasonably disputed by the defense“.

However, prosecutors must appoint a second medical examiner to review Andrews’ autopsy reports in all pending cases. If the second examiner affirms Andrews’ previous findings, that doctor will then be permitted to testify at trial in place of Andrews.

Obit watch: February 14, 2019.

Thursday, February 14th, 2019

Lyndon LaRouche, one of the 20th Century’s greatest cranks. LaRouche PAC.

Defining what Mr. LaRouche stood for was no easy task. He began his political career on the far left and ended it on the far right. He said he admired Benjamin Franklin, Alexander Hamilton, Abraham Lincoln and Ronald Reagan and loathed Hitler, the composer Richard Wagner and other anti-Semites, though he himself made anti-Semitic statements.

He condemned modern music as a tool of invidious conspiracies — he saw rock as a particularly British one — and found universal organizing principles in the music of Bach, Beethoven and Mozart.

In Mr. LaRouche’s view, Mr. Johnson continued, “true Platonists believe that industrialization, technology and classical music should be used to bring wealth and enlightenment to the citizens of the world.”
He added: “The Aristotelians are trying to stop them by using not only sex, drugs and rock ’n’ roll but also environmentalism and quantum theory. With their bag of brainwashing techniques, they hope to trick civilization into destroying itself, bringing on a new dark ages in which the world’s riches will be firmly in the hands of the oligarchs.”

After Barack Obama was elected in 2008, Mr. LaRouche warned that the new president was in “grave and imminent danger” of being assassinated by the “British Empire,” a familiar target of Mr. LaRouche’s.

But Mr. LaRouche was heartened by the election of President Trump, though he perceived a British conspiratorial hand reaching into the United States to foment efforts to “politically paralyze” the president and bring about his impeachment.

He was rather oddly obsessed with the British royal family. From a recent editorial on the LaRouche PAC web site calling for his exoneration:

The frame-up and jailing of LaRouche, facilitated by years of lying media vilification of LaRouche and his movement, which continues to this day, was carried out by the same British-run political apparatus—in many cases, by the same individual hit-men, including Special Counsel Robert Mueller—that today is out to topple the President of the United States.

Because LaRouche’s proposed war on drugs against London’s Dope, Inc. banking apparatus was never implemented, a drug epidemic today is poisoning our nation and the world.

They don’t make them like that any more.

Flaming hyenas update.

Wednesday, February 13th, 2019

Good news: Carlos Uresti has been sentenced to five years in federal prison for bribery.

Bad news: this sentence will run concurrently with his existing 12 year sentence from last year, so he won’t actually be doing any additional time.

Pork chop sandwiches!

Friday, February 8th, 2019

A Florida Woman is facing a domestic battery charge after allegedly clobbering her boyfriend in the face with a frozen pork chop during a dispute Friday night in their residence.

Remember, folks: when guns are outlawed, only outlaws will have frozen pork chops.

(Hattip for the submission: Mike the Musicologist. We also would have accepted his suggested title: “Roald Dahl, call your office, please.” even though that’s not quite technically accurate. Hattip for the title.)

Also by way of Mike:

Boston cop on leave after service weapon allegedly stolen by strippers

Strippers. Always the strippers.

A Boston cop who had his city-issued gun allegedly stolen by two strippers after a night out bar-hopping last week in Rhode Island is not being identified because he is “a victim,” police told the Herald today.

Note that the arrest report values the Glock at $5,000. Should we be calling the unnamed police officer “The Man With the Golden Gun” from now on?

Obit watch: January 24, 2019.

Thursday, January 24th, 2019

Mary Boyd Higgins, trustee of the Wilhelm Reich estate and legacy.

When she was appointed trustee, in March 1959, Ms. Higgins had her work cut out for her.
She quickly discovered that most of Dr. Reich’s personal papers, which he had wanted sealed for 50 years before anyone could see them, had been stolen; she had to start litigation to retrieve them. He wanted his Maine property turned into a museum; she would need to become an expert in museum design. She also studied copyright law in seeking to have his books republished.

I wasn’t originally going to post this, but then it occurred to me that this obit gives me a flimsy excuse to embed this video:

You’re going down in flames, you tax-fattened hyena! (#52 in a series)

Tuesday, January 8th, 2019

I don’t mean to seem lazy, but I can’t put it much better than Reason‘s “Hit and Run” did:

Chicago Alderman and Notorious Nanny-Stater Ed Burke Charged in Federal Corruption Scheme

I know: a corrupt Chicago alderman? Who’d thunk it? From the Tribune:

A federal criminal complaint unsealed Thursday charged Burke with attempted extortion for allegedly using his position as alderman to try to steer business to his private law firm from a company seeking to renovate a fast-food restaurant in his ward. The charge carries a maximum of 20 years in prison on conviction.
The complaint also alleged Burke asked one of the company’s executives in December 2017 to attend an upcoming political fundraiser for “another politician.” Sources identified the politician as Cook County Board President Toni Preckwinkle, who is running for Chicago mayor.

I missed this story, but there was an FBI raid on Burke’s office a few weeks ago:

Prosecutors revealed during the 10-minute hearing that the FBI found 23 guns in the raids on Burke’s City Hall and ward offices in November. As a condition of his bond, Burke, a former Chicago police officer, was ordered to surrender the firearms and any others he may own within 48 hours of his release.

This is amusing: I can’t tell if Burke was a member of Crooked Mayors Against Self-Defense (or if he was even eligable, being an alderman) but he was a big time gun grabber:

But while he was trying to deny residents of one of America’s most violent cities the right to defend themselves and their property, he was protected day-and-night by a team of four Chicago police officers. Having personal bodyguards is not a typical perk of a city alderman, but it’s one Burke has enjoyed for decades, at taxpayer expense, due to threats made against him in the early 1980s.

Of course, innocent until proven guilty, yadda yadda, but: they caught him on the wire. I’m looking forward to Alderman Burke going to prison for a long, long time.

Christmas gun crankery.

Tuesday, December 25th, 2018

The NYT apparently decided they were going to use the run-up to Christmas to be cranky about guns.

I didn’t link to that Andrew Ross Sorkin piece the other day about using credit card purchases to (supposedly) flag possible mass shooters (and I won’t link it here) because:

  1. Busy.
  2. I felt like it got pretty thoroughly discussed and discredited on Twitter before I had a chance. Here’s one good example. The only thing I’d add that I really haven’t seen metioned elsewhere is: if you want to weaponize the financial system, don’t be surprised when the weapon is turned on you, Mr. Marijuana Dispensary Owner or Ms. Sex Worker.

In other gun news from the paper of record, they (and supposedly a congressional committee and “federal agencies”) seem to have it in for CZ USA. Why?

Three years ago, Sandy McDonald began finding the rifles, left behind by poachers, scattered near the dead rhinos he found in the game reserve he owns in Mozambique, just across the border from South Africa.
Mr. McDonald immediately recognized the weapons. They were .375-caliber Safari Classics, made by CZUB or just CZ, a firearms manufacturer based in the Czech Republic. Upon closer inspection, Mr. McDonald noticed something else on the rifles. Carved into the metal were the words “CZ-USA, Kansas City, KS,” suggesting that the weapons were from the American subsidiary of the arms company.

Yes: CZ rifles are supposedly ending up in the hands of poachers.

“Coming from a firearms background I recognized that these were rifles that are quite common in the U.S.,” Mr. McDonald said. “It left me wondering how they got out of the U.S. and into the hands of Mozambican poaching syndicates.”

How many CZ Safari Classics have you seen at the gun shop lately? “Quite common”? But I agree with Mr. McDonald: where are these rifles coming from, in such quantity that poachers appear to be just throwing them away? Are rhinos really so valuable that the rifles (which, remember, are imported) are basically disposable?

Neither CZ nor its American subsidiary has been accused of a crime by federal authorities.

But CZ officials said the guns that were found at poaching scenes were manufactured in the Czech Republic, not the United States. The company denied that any of the rifles came from its subsidiary in the United States — or that it had done anything wrong. And company officials said the weapons were legally sold to suppliers in Mozambique.
“Although the firearms were marked ‘CZ-USA,’ the U.S. entity CZ-USA had nothing to do with the rifles,” Petr Kallus, a company executive, wrote in a response to questions from The New York Times. “Rather, the marking ‘CZ-USA’ was applied to the rifles by CZUB as an international brand name only.”

You know, I don’t do a lot of hunting or poaching, especially of African game. However, I had the distinct impression from what I’ve read that many poachers are using surplus military weapons, like AK-47s, to do their dirty work. Not sporting rifles imported from the Czech Republic. Any poaching experts out there that can confirm this?

Next up: a few weeks ago, a guy held up two men in a New York City building, firing a shot during the holdup, and fled the scene. As he was running away, he ran into two NYPD officers. One of them gave chase. The suspect fired on the police officer, and the officer shot back.

And shot. And shot. And shot. All told, he expended 27 rounds and reloaded his Glock once. The officer eventually hit the suspect twice (in the neck and foot) disabling him.

The officer also hit five parked cars and one woman in the belly. A 12 year old girl was also hit by bullet fragments.

Unlike the two stories above, I think this is actually a fairly thoughtful and reasonable story: among other things, it talks about how difficult it is to shoot well under stress, especially with someone shooting back at you, and it doesn’t suggest the gentleman in question was a choir boy. (He was found with the gun and two kilos of coke.)

I don’t want to throw stones at the NYPD officer in question. I’m not sure my performance would have been much better in the same situation. On the other hand, I like to think I wouldn’t have been spraying shots on a crowded street, either.

John C. Cerar, a former deputy inspector who commanded the New York Police Department’s firearms and tactics section, said the way Officer Gomez shot while running was an anomaly in New York City, where officers are trained to control their fire.
“We tried to get police officers to be realistic that you’re better off firing from cover,” he said. “Less shots have to be fired if you’re in a good position. Shot placement is so much more important than the amount of shots fired.”

Two more things:

[The officer] had never fired his weapon in five years on the force, the police said.

Never? Not even in qualification?

The officers did not activate their body cameras during the incident.

Things I have been neglecting.

Friday, December 21st, 2018

I really haven’t been doing a good job of keeping up with APD firings.

It isn’t that I’m in the tank for the police department now that I’m doing the Citizen’s Police Academy stuff: I don’t feel like I am, and updating you on firings and other disciplinary actions is a good way to show that the department takes these things seriously.

The problem is more that I’m busier now, both personally and professionally, than I have been in quite a while. I’m not complaining, but it does cut into my blogging time. Heck, as you can see, I’m having trouble even keeping up with obits.

But: when someone in a command rank at a major metropolitan police department gets fired, I kind of feel like I have to take note of this.

Here’s the story from the Statesman.

Here’s the official memo from the chief.

I’m not going into details here because the story has a lot of salacious elements: if that’s your bag, you’re welcome to read the less detailed Statesman article or the much much more detailed disciplinary memo.

The gentleman in question plans to appeal, and his legal representative accuses the chief of “inserting himself into the private life and figuratively the bed” of the officer. I can sort of maybe see that point: there’s a lot of stuff in the memo about whether his behavior, even if there was consent involved, is a violation of the law.

BUT: it seems pretty clear to me from the memo that the gentleman in question also tried to hide information (left his cell phone at another person’s house, deleted videos) knowing he was under investigation. That’s a huge violation of department policy, and (in my humble opinion) justifies a firing by itself.