Archive for the ‘Law’ Category

Obit watch: December 13, 2018.

Thursday, December 13th, 2018

Melvin Dummar, historical footnote, passed away last Sunday at the age of 74.

I’m not sure how many of my readers remember Mr. Dummar and his saga. To summarize: one night in 1967, Mr. Dummar picked up a drifter by the side of the road and gave him a ride. The drifter told him that his name was Howard Hughes. Mr. Dummar forgot about the incident until nine years later, when Mr. Hughes died…

…and a will turned up at the Morman Church headquarters that left 1/16th of the Hughes estate to the church…

…and 1/16th of the estate to Mr. Dummar. (This was about $156 million in 1976 dollars.)

Of course there were legal cases.

But after his fingerprints were found on the envelope, he testified that a stranger had given it to him at his gas station and that he had taken it to the church headquarters.
A jury decided that the will was forged, and while no one was ever officially charged, Mr. Dummar was found guilty in the court of public opinion.

By the time the Hughes inheritance was settled by a probate court jury in Texas in 1981, more than 600 people had made claims to the fortune, and 40 wills, all supposedly written by Mr. Hughes, had been produced and rejected. Mr. Hughes’s money was divided among descendants on both his mother’s and his father’s side.

Jonathan Demme made what is supposedly a pretty good movie (haven’t seen it yet) out of this story, “Melvin and Howard“.

Thing I didn’t know: there’s a revisionist movement, apparently led by a retired FBI agent, that claims Mr. Dummar’s story was true, and he was cheated out of his rightful inheritance by a vast conspiracy “replete with acts of obstruction of justice, witness intimidation and possible jury tampering.” Yeah. Gonna take some convincing to get me to buy that.

Update from the legal beat.

Tuesday, November 6th, 2018

I don’t have much to say about this, partly because I’m still busy as all get out, and partly because I don’t know what there is to say.

But: Terry Thompson, the guy who was married to a sheriff’s deputy and choked a man to death outside a Denny’s, was convicted of murder yesterday. (Previously.)

Obit watch: November 1, 2018.

Thursday, November 1st, 2018

NYT obit for Victor Marchetti. (Previously.)

Willie McCovey. SFGate.

Whitey.

Wednesday, October 31st, 2018

If you go back to yesterday’s post, it looks like both the Boston outlets and the NYT did updates (and corrections) in place instead of posting new links. Which saves me some effort…

The big piece of news since the story broke seems to be:

One of the workers said that the inmates were thought to be “affiliated with the mob.” A law enforcement official who oversees organized crime cases said he was told by a federal law enforcement official that a mob figure was believed to be responsible for the killing.

The Patriarca family, maybe? Kind of makes sense…

Howie Carr. I know I’ve mentioned this before, but I thought The Brothers Bulger: How They Terrorized and Corrupted Boston for a Quarter Century was a terrific book.

Firings watch.

Tuesday, October 30th, 2018

I think this counts.

Izaia Bullock, a linebacker for the Rutgers football team, has been dismissed.

“For violating team rules?” I guess you could say that…

…I do believe most teams have rules against murder plots.

Bullock, 22, “initiated a plot to murder the family members of an acquaintance” earlier in the week, according to a statement from the Middlesex County Prosecutor’s Office.
Bullock was charged Tuesday with two counts of attempted murder in the first degree and two counts of conspiracy to commit murder in the first degree.

I wonder if this was one of those situations you see played out so often on the Justice Network: rich child hires patsy to whack his parents while rich kid is off somewhere setting up an alibi…

Obit watch: October 30, 2018.

Tuesday, October 30th, 2018

Wow.

My brother and Mike the Musicologist sent this to me literally within seconds of each other, which goes to show you how well they know me:

James “Whitey” Bulger is dead. He was apparently stabbed to death in a Federal prison in West Virginia.

Details are kind of sketchy right now. Here’s the Boston Herald coverage: apparently he had just been moved to the WV facility from one in Florida.

This is still a developing story, and I’m not finding much coverage outside of the Boston papers: it may be best to wait and post an update tomorrow.

Also among the dead: Victor Marchetti, former CIA agent and author who challenged the agency’s prior approval rule.

Ntozake Shange, noted playwright.

Edited to add: preliminary NYT coverage of Whitey Bulger, which wasn’t up when I posted earlier.

…was found beaten to death on Tuesday in a West Virginia prison. He was 89.
Two Federal Bureau of Prisons employees, who spoke on the condition of anonymity because the information was not yet public, said Mr. Bulger had been beaten unrecognizable by inmates. No other details were immediately available.

Interesting. The anonymous sources are saying he was beaten to death, not stabbed. But…

He was found unresponsive at 8:20 Tuesday morning, according to a statement from the federal Bureau of Prisons. The bureau said that lifesaving measures had been initiated and that he was pronounced dead by the Preston County Medical Examiner. The statement did not indicate a cause of death.

Update from the shoe beat.

Thursday, October 25th, 2018

We have our first convictions in the great NCAA Basketball shoe scandal of 2017. (Previously.)

James Gatto, Adidas’s former head of global basketball marketing; Merl Code Jr., another former Adidas employee; and an aspiring agent named Christian Dawkins were found guilty of wire fraud and conspiracy to commit wire fraud, after a three-week trial.

There’s a little more editorial commentary mixed in with the reporting than I’d like, but this is noteworthy:

Though the verdicts’ larger impact on college basketball was not immediately clear, after Wednesday the following may be safely said: There is precedent that cheating N.C.A.A. bylaws can have consequences beyond collegiate infractions.
“Now you don’t just have to worry about what the N.C.A.A. does to you — you have to worry about going to jail,” said Dan Beebe, a former Big 12 commissioner who consults with conferences.

Personally, I’d like to see the N.C.A.A forcibly disbanded, but sending people to prison is a good alternative.

Also worth noting, but with a grain of salt: one of the defense attorneys claims that Rick Pitino and Bill Self (Kansas basketball coach, who is still employed) knew what was going on.

Neither head coach was clearly implicated in witness testimony, although text messages and phone calls suggested they were aware that Adidas associates were involved in recruiting.

The three men charged in the case had pleaded not guilty, and none of them took the stand. Their primary defense was that their behavior may have violated N.C.A.A. bylaws, but that it was not a federal crime.
“N.C.A.A. rules were broken,” Michael Schachter, one of Gatto’s attorneys, said in his opening argument. “Jim and Adidas helped out financially a few families whose sons are among the most talented athletes in America. That happened.”
However, he added: “The N.C.A.A.’s rules are not the laws of this country. The N.C.A.A. is not the U.S. Congress.”

As the flaming hyena turns.

Thursday, October 25th, 2018

Remember Dawnna Dukes? Remember what an enormous nothing-burger that whole thing turned out to be?

She’s suing the Statesman, Margaret Moore (the current Travis County DA) and Rosemary Lehmberg (the previous DA), “an investigator with the state auditor’s office”, and three former aides.

The lawsuit, filed late Wednesday by Dukes on her own behalf and without a lawyer, seeks $7.8 million for malicious prosecution and defamation.

The fact that she’s proceeding pro se with a defamation suit is not a good sign. But I Am Not A Lawyer: I’d ask Ken White for his take, but he’s pretty busy these days.

On the other hand, she’s probably proceeding without a lawyer because she’s broke:

The 12-term Austin Democrat said investigative stories by the Statesman, followed by corruption charges that were eventually dismissed, left her financially ruined — saddled with a $187,000 legal bill, deprived of consulting contracts and unable to find additional work.
As a result, her lawsuit said, Dukes’ credit cards were canceled, her car was repossessed and her home and East Austin commercial properties were foreclosed upon.
“The trauma due to financial hardships and loss of reputation aggravated (Dukes’) health issues and, to this day, there is still a lingering inconsolable grief caused by her substantial loss,” the lawsuit said.
Dukes also blamed her legal trouble for her defeat in the Democratic primary in March.

I’ll try to keep an eye on this one. Especially the discovery portion of it: that should be a lot of fun.

Noted without (much) comment.

Monday, October 22nd, 2018

Rae Carruth is expected to be released from prison today.

(Edited to add: Charlotte Observer.)

“The Boy They Couldn’t Kill” by Thomas Lake.

Obit watch: October 18, 2018.

Thursday, October 18th, 2018

Yesterday’s headline of the day:

Nevada’s famous pimp expected to win election despite death

NYT obit for Dennis Hof.

Felix Smith, pilot for Civil Air Transport.

Civil Air Transport, which was later run by the C.I.A., was a back-channel carrier assembled in 1946 by former Lt. Gen. Claire L. Chennault of the Army Air Forces using surplus World War II planes and a supply and maintenance ship and recruiting pilots from the Flying Tigers, a volunteer World War II unit famed for its exploits in the skies over China. The airline’s aim was to undergird the Nationalist leader Chiang Kai-shek in the protracted civil war against the Communists.

CAT evolved into the legendary Air America.

Norts spews.

Tuesday, October 9th, 2018

We have our first firing of the NBA season. You know, the NBA season that hasn’t started yet.

Phoenix Suns general manager Ryan McDonough out.

From ESPN:

He drafted the likes of Devin Booker, Josh Jackson, TJ Warren, Alex Len, Dragan Bender and Deandre Ayton. He had some early success, but the Suns are still in the same rebuilding mode that they were in when McDonough was hired. The team went 155-255 during his tenure.
The Suns also had five different coaches under McDonough. Last season, they fired coach Earl Watson three games into the season and named Jay Triano interim coach. In the offseason, they named Igor Kokoskov head coach.

In other news, I missed this story until Popehat tweeted part of it. Ken White’s take on this was more “look at the stupid things clients do”, which surprised me: I’ll touch on the reason why shortly.

Summary: the Los Angeles Dodgers (and other baseball teams) may be in trouble. Legal trouble.

Sports Illustrated has learned that the U.S. Department of Justice has begun a sweeping probe into possible corruption tied to the recruitment of international players, centered on potential violations of the Foreign Corrupt Practices Act. What’s more, SI has learned that multiple alleged victims of smuggling and human trafficking operations have already given evidence to law enforcement agents or testified before a federal grand jury.

The trove of evidence—the material that largely persuaded the bureau to launch an investigation—includes videotapes, photographs, confidential legal briefs, receipts, copies of player visas and passport documents, internal club emails and private communications by franchise executives in 2015 and 2016.

Internal communications by the Dodgers show concerns about what team officials called a “mafia” entrenched in their operations in the Caribbean and Venezuela, including a key employee who dealt “with the agents and buscones” and was “unbelievably corrupt.” Other personnel were suspected of being tied to “altered books” or “shady dealings,” according to the documents.

FanGraphs has an interesting supplemental piece. The part that jumps out at me – and the one that I’m surprised Ken wasn’t all over:

…what is described in the SI piece also comes dangerously close to a violation of a law called the Racketeer Influenced and Corrupt Organizations Act (“RICO”), a law which allows for prosecution of an entire company or enterprise instead of each person involved individually.

Did the Dodgers do the RICO? I am not a lawyer. But the person who wrote the FanGraphs article is: I think she presents a good argument that, if the Dodgers are found guilty of human trafficking, that’s a “predicate offense” for RICO purposes.

To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise.

Mail and wire fraud are also predicate crimes. So one count of human trafficking, and one count of wire fraud…to quote FanGraphs:

…getting banned from baseball may end up being a best-case scenario depending on the extent of their involvement and whether they knew or should have known about the illegality going on in their operations.

Admit it: wouldn’t you love to see the Department of Justice seize the Dodgers in asset forfeiture and try to run a baseball team? I know I would: a government run baseball team would make the 1899 Cleveland Spiders look like a model of competence and sanity.

Quickies.

Wednesday, October 3rd, 2018

Our short national nightmare is over:

The Republic of Texas Biker Rally and the Heat Wave car show will go on at the Travis County Exposition Center, but the Travis Central Appraisal District will have to scramble to find another venue for thousands of property tax protest hearings after county commissioners voted Tuesday to continue contract negotiations for the two highly popular events.
After a heated debate, commissioners voted 3-2 Tuesday, with County Judge Sarah Eckhardt and Commissioner Margaret Gómez against, to move toward contracts with the event organizers on renting the Expo Center, leaving the appraisal district out of the mix.

Chimene Onyeri, the guy who shot Judge Kocurek: life in federal prison.

Paul Molitor out as manager of the Minnesota Twins. 78-84 this season and no playoffs.

Can’t we just let the investigation get along?

Saturday, September 22nd, 2018

(This is a guest post from FOtB RoadRich, speaking only in his private capacity as a citizen, and not representing the opinion of any organization. I’ve made a few minor edits, but no major changes. -DB)

I listen to local talk radio station KLBJ, and enjoy Jeff Ward and Ed Clements’ banter. I really enjoy them though on occasion I mildly disagree with one or the other.

Today I heard something that seemed really irresponsible – Jeff was incensed that the Dallas police chief had not fired Amber Guyger for the horrible and very very avoidable shooting death of Botham Jean. He said that Acevedo didn’t waste any time and fired Geoffrey Freeman for the shooting death of ‘teen running naked’ David Joseph. Jeff said that the Dallas chief said he didn’t want to interfere with the investigation and that excuse was bogus – it didn’t stop Art.

I know a little about internal investigations. I’m no cop. I’m no lawyer. But I did JUST hear a presentation by Austin’s Internal Affairs which reminded me of a key point.

So, I looked up an article on the local paper on my phone. I confirmed my thought – that former Austin Police Chief / current Houston Police Chief / lightning rod for use or misuse of a microphone did in fact fire Freeman… AFTER the internal investigation was over. That’s the key point.

*I* know that if you have an officer involved shooting you have two investigations, the internal one and the criminal one. The criminal one is different from the internal one in that you are COMPELLED TO SUBMIT INFORMATION in the internal one as a condition of your employment. You quit or are fired, and that investigation STOPS.

I didn’t know, but I suspected, that far less time had passed for the Dallas case compared to the Austin one.

I called the caller line, which I haven’t done in over a year. I spoke with the screener, said my peace, and went back about my business. I didn’t get on the radio, which I don’t have any need to do. I haven’t heard the topic come back around so I can only hope that the information was relayed.

Statesman article. Guardian.

Once in front of the computer I pursued my other thought – how long did it take to investigate Freeman, and how long has passed since the flood of bad decisions and poor luck caused some guy watching a football game in the supposed safety of his own home… to be killed by a cop.

You can find any number of articles on this, but I found this one.

From here, I did the math. It was simple. February 8, 2016 APD Officer Freeman is rushed by a naked teenager that was reported to be acting ‘erratically’. Freeman goes on the defensive and David Joseph is shot dead. March 21, 2016 fAPC/cHPC/lr4mum Art Acevedo fires Officer Freeman after the investigation, 42 days after the shooting. September 6, 2018 DPD Officer Guyger ends a long shift, thinks she’s parked on the right level, thinks she’s at her apartment, overlooks the red mat outside and goes on the offensive and Botham Jean is shot dead. Today is September 21 and it’s only been fifteen days, one third of the time that was taken for the Freeman investigation, which was pushed full
throttle, and some think ‘rushed’, others think not.

The overarching problem is that we think we know more (by ‘we’, I mean ‘them’ of course – naturally I think myself and my friends are well and above reproach)… and we are weaned on hour-long cop shows and think that random people showed up to the building they call the police department and JUST started working that day. (Born yesterday anyone?)

There’s a procedure for everything from investigating an officer ‘stealing a cup of coffee’ to one who takes the life of another citizen. The guys in the building learned the job, learned the processes, and are applying them. We… ok, THEY who are outside of this process think they get to make policy on social media — and broadcast media — and then get outraged because they weren’t proven to be a better judge of procedure, than policy manuals that reach nearly 1000 pages over decades of legal precedent.

It’ll get investigated. No one has more hatred for a bad cop than all the good cops.

I don’t know what that baby’s problem was.

Saturday, September 22nd, 2018

DENTON, TEXAS — An argument over a plate led to a physical altercation between customers and a server, which resulted in a baby being punched in the head, police said.

(Hattip.)

Yes, we have no bananas…

Friday, September 21st, 2018

but we do have $17 million worth of Bolivian Marching powder.