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Random notes: March 28, 2019.

Thursday, March 28th, 2019

Chron Eye For The Killer Guy:

Raised by a single mother who avoided taking care of him, [Patrick] Murphy was beaten and abused as a child, according to court records. His grandmother taught him to shoplift at a young age, and by 17 he’d run away and moved into a homeless shelter.

What did Mr. Murphy do? He’s one of the Texas 7, who broke out of prison in December of 2000, went on the run, and killed Irving Police Officer Aubrey Hawkins while stealing guns from an Oshman’s.

When it was over, Hawkins lay dead in the parking lot, shot 11 times and run over by an SUV as the men fled.

Part of the argument is that Mr. Murphy didn’t actually pull a trigger: he was just a lookout, and it was five other guys who shot Officer Hawkins. But he was still convicted and sentenced to death based on…yes, the law of parties. (Still want to do that podcast some day.)

Even though Murphy went along the day of the killing, his lawyers say he didn’t want to take part in the crime, pointing out that he left as soon as he told the others of the officer’s arrival. Now, they say, executing him would be cruel and unusual punishment.

Pull the other one, guys: it has bells.

(The execution is currently delayed while the Supreme Court evaluates Mr. Murphy’s claim that he’s entitled to a Buddhist spiritual advisor in the death chamber.)

On a much happier note: up yours, Andrew Cuomo. Up yours, Bill de Blasio.

A federal judge ruled today that New York’s notoriously nonsensical law criminalizing “gravity knives”—which groups have said for years is used by New York City to selectively prosecute people, especially the working class and minorities, for carrying common folding knives—is unconstitutionally vague.

Posted in Cops, IANAL, Knives, Law | Comments Closed

From the legal beat.

Thursday, March 28th, 2019

A mistrial was declared yesterday in the murder case against Charles Reedy.

Mr. Reedy was accused of stabbing his roommate to death. However…

…Travis County prosecutors discovered several hundred new photos that Austin police detectives had taken as evidence. Their discovery prompted state District Judge Brad Urrutia to order a mistrial after Reedy’s lawyers said the new batch of photos might have impaired the case they had planned to present to the jury.

I believe that is what lawyers call a “Brady violation”, also known as “bad move, space cadet”. But that’s not why this story is interesting.

You see, Mr. Reedy has been convicted of murder before:

In 2001, a jury found him guilty of killing John Teller in a wooded area near St. Edward’s University and Interstate 35. He was sentenced to 30 years in prison.
But in 2006, the 3rd Court of Appeals in Austin overturned the conviction. Chief Justice W. Kenneth Law wrote an opinion saying, “The jury’s verdict is unsupported by proof beyond a reasonable doubt.”

Kind of makes you go “Hmmmmmmmm”, doesn’t it?

Posted in Law, TCDA | Comments Closed

Notes from the legal blotter.

Tuesday, March 19th, 2019

Mildly interesting, though the Statesman is short on details (perhaps because law enforcement is not giving those out):

State officials cancelled liquor permits for Club Casino, 5500 South Congress Ave., and Zota’s Night Club, 4700 Burleson Road, on March 8., TABC officials said.

The bars were shut down “after a months-long investigation into human trafficking, narcotics and drink solicitation” involving both TABC and the Travis County Sheriff’s Office.

More interesting: APD fired officers Donald Petraitis and Robert Pfaff yesterday.

Why? February of last year, the two officers arrested a man named Quentin Perkins:

Petraitis and Pfaff filed reports that said Perkins had tried to walk away from them and glanced back as if he were planning to run. However, video footage from the incident presented during the officers’ trial showed that Pfaff used a stun gun on Perkins despite Perkins being on his knees with his hands raised.
Parts of the officers’ reports are “simply not true,” Police Chief Brian Manley wrote in their disciplinary memos, which were released Monday.

…

Manley also accused Pfaff and Petraitis of coordinating a false story.
“I find it improbable that both officers came up with a similar version of events, which included things that did not happen … as well as not recalling what actually did happen. … I have serious concerns that Officer Pfaff and Petraitis got their stories straight before they spoke with (a supervisor) and prepared their reports and the probable cause affidavit,” he wrote.

…

The disciplinary memos also say a police academy supervisor told the Austin police internal affairs unit that the stun gun use under these circumstances was unreasonable.

Even more interesting: the two officers were charged criminally as a result of this incident…and were acquitted of all the charges. Which is an additional illustration of something they tell the students in our Citizen’s Police Academy classes: you can do everything within the bounds of the law…and still get fired for violating APD policy, if that’s the way the chief wants to go. (And if you actually violated policy. I’m not sure if I’m allowed to tell the Taser story.)

Edited to add: I was going to include a link to the chief’s memo, but the city of Austin has reorganized the website and made the disciplinary memos extremely hard to find. DuckDuckGo to the rescue, but: the most recent one posted is from January 10th.

Edited to add 2: How bad does a jail have to be before even the people who run it quit? This bad.

In addition to the carbon monoxide issue, Barnett cited exposed electrical wiring, mold, bad plumbing, and an instance where a snake fell on an inmate’s head.

Posted in Austin, Cops, Law, Politics | Comments Closed

Florida Mayor, Florida Mayor…

Thursday, March 14th, 2019

I missed out on the first and second parts of this story when they ran originally, but I got tipped off to part three by way of Peter Bonilla on the twitters.

So, part one: a few weeks ago, the police went to serve a warrant on the mayor of Port Richey, Florida. Dale Massad was charged with practicing medicine without a license.

The Florida Department Law Enforcement says the Port Richey Mayor was treating people at his home even though he lost his medical license in 1992.

…

In December of 2017, Massad removed a fish hook from a “patient” who returned to him in April of 2018 to get a shot of cortizone, according to the arrest affidavit obtained by ABC Action News. On August 24, 2018, another “patient” came to Massad for a “surgical procedure” to close a laceration on his left ankle. During that procedure, Massad administered a local anesthetic and gave the “patient” stitches.

Apparently, they sent a SWAT team to arrest the mayor for practicing medicine without a license. That seems a little excessive to me, but it leads us to part two of the story:

The mayor shot at the SWAT team, and has been charged with attempted murder.

But wait! The story gets even better!

So with the mayor in jail and facing attempted murder charges, someone has to fill in, right?

The acting Port Richey mayor is out of jail after being arrested by FDLE agents on obstruction charges Wednesday.
Agents received information that 64-year-old Terrence Rowe, the vice-mayor of Port Richey, was conspiring to interfere with an active criminal investigation.

And what active criminal investigation was he conspiring to interfere with? Go on, guess.

An arrest report says Massad contacted Rowe earlier this month on a recorded jail phone line. During the call, deputies say Massad told Rowe, “I believe (Officer) Howard was hired illegally, fired legally and re-hired illegally.”
According to the arrest report, Massad then added “I don’t know why but he is in on everything,” referring to his arrest.
Deputies say Rowe replied that he was “on it” and Massad told him, “anything you can do is good.” Rowe then said, “You know this doesn’t go down without somebody answering for it,” the arrest report says.

By the way, Massad (who is still in jail on the attempted murder charge) is also now charged with conspiracy to obstruct justice and “use of a two-way communication device to facilitate the commission of a crime”.

Port Richey city councilman Richard Bloom tells News Channel 8 he is “shocked and confused” by the news of his colleague’s arrest, adding he “doesn’t understand all this.”

You’re not the only one, brother.

Posted in Law | Comments Closed

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.

Posted in History, Law, Music, Nazis, Obits, Politics | 1 Comment »

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.

Posted in Law, Sports, TV | Comments Closed

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.

Posted in Books, Law, Obits, Sports, TV | Comments Closed

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.)

Posted in Law, Media, Obits, Sports | Comments Closed

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.

Posted in 1970s, Law, Obits, TV | Comments Closed

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.

Posted in Law | Comments Closed

Important safety tip tweet of the day.

Thursday, February 21st, 2019

Because, sometimes, it just needs to be said:

Posted in Law, Safety | Comments Closed

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.

Posted in Law, Politics, Schadenfreude, TCDA, Texas, Travis County | Comments Closed

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.

Posted in Law, Obits, Politics | Comments Closed

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.

Posted in Law, Politics, Texas | Comments Closed

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?

Posted in Food, Guns, Law, Rhode Island | Comments Closed

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