Archive for the ‘Law’ Category

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.

Knight falls.

Friday, September 21st, 2018

Somewhat to my chagrin, I have not been following the Suge Knight murder trial closely.

In fairness, though, the case has been going on for 3 1/2 years:

Knight has been behind bars since January 2015, when he was arrested and charged with intentionally ramming his Ford F-150 pickup into two men in the driveway of Tam’s Burgers at Central and East Rosecrans avenues in Compton.

One man, Terry Carter, died. The second man, Cle “Bone” Sloan, was badly injured but lived.

The whole thing became a circus more or less behind my back:

Knight’s case had evolved into a bizarre and winding legal saga long before Thursday’s plea agreement. In the three years since his arrest, Knight has tried to bolster his self-defense argument by claiming a hit man hired by Dr. Dre was present at Tam’s on the day of Carter’s death. Knight has cycled through more than a dozen attorneys on the murder case, seemingly firing lawyers indiscriminately. As recently as Wednesday he pleaded with Coen to fire his court-appointed defense attorney.

…

Prosecutors also accused Knight of conspiring with his fiancee and some of his prior attorneys to manipulate the case. Two members of Knight’s legal team — Matthew Fletcher and Thaddeus Culpepper — were arrested on charges of witness tampering this year. Knight’s fiancee, Toi-Lin Kelley, is serving three years in prison for helping Knight violate a court order that barred him from communicating with anyone other than his attorneys. She was also accused of helping arrange the sale of a video of the killing to gossip website TMZ, court records show.

Where is this going? Knight pled out to manslaughter yesterday:

The manslaughter charge carries an 11-year prison sentence, which will be doubled in Knight’s case because he has a prior felony conviction, according to a statement released by the Los Angeles County district attorney’s office. An additional six years will be added to that sentence because Knight was charged with using a deadly weapon to commit a violent felony, prosecutors said.

Remember, the deadly weapon in this case was a Ford F-150. When guns are outlawed, only outlaws will have pickup trucks.

The Court of Last Resort.

Thursday, September 20th, 2018

Back in the day, when Argosy was publishing Erle Stanley Gardner the creator of Perry Mason’s “The Court of Last Resort” column, they noticed a sizeable circulation uptick. (According to Wikipedia, the magazine was “never terribly successful”, but they did get a “significant boost in sales”.)

These days, the “large mass market publication brings attention to a wrongful conviction and gets the guy off” story is so common as to almost not be news anymore. Texas Monthly has done this several times that I know of, the legendary Gene Miller won two Pulitzer Prizes for his stories at the Miami Herald, and given enough time I could probably come up with more examples than Carter had liver pills.

But this is an unusual first, as far as I know: guy has his conviction vacated after spending 27 years in prison (“the bulk of it in the infamous Attica Correctional Facility”) because of the work of a lot of people: the Erie County district attorney’s wrongful convictions unit, the Georgetown University Prison Reform Project, his daughter (who raised money for his legal fees by selling his color drawings of golf courses online), and the mass media…

…especially Golf Digest.

It rises from a confluence of factors, according to Donald Thompson, who along with Alan Rosenthal, filed Dixon’s latest motion (which included the Golf Digest article) pro bono. “Once a case crosses a certain threshold of media attention, it matters, even though it shouldn’t,” Thompson says. “It’s embarrassing for the legal system that for a long time the best presentation of the investigation was from a golf magazine.”

Said it before, I’ll say it again: we need a new “Court of Last Resort” as a regular feature in some large circulation publication. And we need more public intellectuals like Erle Stanley Gardner, too.

(Edit: forgot to include hattips: Popehat on the Twitters, and Lawrence.)

Carbon Monoxide Yoga Balls…

Thursday, September 20th, 2018

…are not opening for KISS on the “End of the Road World Tour”.

But there is an update:

An anesthesiology professor at a top Hong Kong university was convicted on Wednesday of murdering his wife and daughter with a yoga ball filled with carbon monoxide, in a case that drew intense local interest for its bizarre details and unusual family dynamics.
The jury voted unanimously for convicting the professor, Dr. Khaw Kim-sun, after almost seven hours of deliberation.

(Previously.)

The judge sentenced Dr. Kim-sun to life in prison.

Oh, noes, Llano.

Wednesday, August 29th, 2018

Back in February, I touched on problems with the Llano Police Department. I had not seen an update on this until yesterday, when Reason‘s “Hit and Run” blog, of all places, ran a story covering the latest developments.

Summarizing:

Chief Kevin Ratliff is now ex-Chief Kevin Ratliff. He was fired July 26th…after being convicted of two counts of official oppression and one count of tampering with a governmental record.

He was sentenced last week to six months in jail, but will instead serve a year of probation. If he breaks those terms, he will have to go to jail.

These were all class A misdemeanors. I can’t tell if conviction on these charges requires Ratliff to surrender his peace officer’s license. It doesn’t look like the other indicted officers have gone to trial yet. (Former officer Harden is set for trial in October.)

But wait, there’s more! There was another incident that resulted in another Llano officer and a sheriff’s deputy also being indicted on official oppression charges!

Basically, the two officers responded to a domestic dispute. The male party wouldn’t open the door to the responding officers: so first they tried to pick the lock, then they kicked the door in.

“You’re going to jail,” Roberts told Holley as he stood over him. The officers held Holley in the back of a patrol unit for nearly an hour, then later took the handcuffs off and let him go.
Holley was never charged with a crime.

And apparently, there’s body camera footage of this whole affair as well.

When asked if there was a climate of corruption at the police department, [City Manager Scott] Edmonson said, “Uh, no.”
When asked if Edmonson could be certain of that given the city’s done nothing to investigate that angle, Edmonson replied, “Can we be sure of anything?”

Existential philosophy in Llano. Who’d thunk it?

The sheriff’s deputy is currently suspended:

The sheriff disciplined Roberts the Monday after the incident and stripped him of his police powers and put Roberts on paid administrative leave when the indictment came down. Blackburn didn’t allow Roberts to sit at home to earn his pay, he put his deputy to work in the county jail until the criminal charges are resolved.
“I think for the citizens of the county, if he’s going to be on paid leave, he should be working for it,” Blackburn said.

The Llano PD officer resigned.

When guns are outlawed…

Tuesday, August 28th, 2018

Shot:

Chaser: what story is this related to?

Hong Kong Professor Faces Murder Trial in ‘Yoga Ball Killing’

“Yoga Ball Killing”? Yes: Dr. Khaw Kim-sun is accused of murdering his wife and 16 year old daughter using yoga balls filled with carbon monoxide.

The defendant also worked as an associate professor in the department of anesthesia and intensive care at the Chinese University of Hong Kong. His colleagues at the university later reported having seen him pumping carbon monoxide into yoga exercise balls the day before the killings. One ball, still inflated, was found under his desk. Another was found in the trunk of the Mini Cooper.

…

Dr. Khaw, who has pleaded not guilty, had told the police that Lily [the 16-year-old daughter – DB] might have tried to kill herself with the yoga ball. Last week, the prosecutor, Andrew Bruce, said in court that was a “lame excuse” and “simply untrue.”
Prosecutors say that when Dr. Khaw drove the yoga balls home in his Toyota, he had used a monitor that would sound an alarm if the gas reached dangerous levels. They said Ms. Lee, his mistress, was an assistant in the rabbit experiment.

Look, I understand bringing your work home with you. But when your work is a yoga ball filled with carbon monoxide? Leave that (stuff) in the lab.

Spicy bar snack, by way of Mike the Musicologist:

I saw Carbon Monoxide Yoga Balls open for Electric Kool-Aid Acid Test at Altamont in ’67.

Obit watch: August 21, 2018.

Tuesday, August 21st, 2018

David Rothenberg died on July 15th at the age of 42. His death was not widely reported until late last week.

He worked as a visual artist under the name “Dave Dave” in Las Vegas:

Mr. Rothenberg became a close friend of Michael Jackson, who encouraged him to pursue a career in art. Through brightly colored 1960s-style Pop Art paintings and drawings, he sought to promote positivity, he wrote on his website, particularly through a series called “Lifted.”
“There is a lot that happens in people’s lives, but that doesn’t define them as a human being, it makes them stronger,” Mr. Rothenberg told The Las Vegas Review-Journal in 2016.

Here’s the rest of the story:

He was 6 in 1983 when his father gave him a sleeping pill in a motel room in Buena Park, Calif., near Disneyland, and then doused his bed with kerosene and set it on fire. The attack left burns on more than 90 percent of David’s body. His father, who was said to be in a bitter custody fight with his wife, Marie, then fled.
“He was working at a restaurant in New York, and he had saved $10,000 for this trip to California,” Mr. Rothenberg told The Review-Journal. “On the trip, he was planning to kill me.”

I swear that I’ve written about his father, Charles, previously, but I can’t find that blog entry now. Charles Rothenberg spent seven years in prison for attempted murder before being paroled. He went on to commit other crimes: I recall them being mostly financial. He’s currently serving a 25 to life sentence in California under the three strikes law.

For the historical record: Kofi Annan.

Obit watch: August 16, 2018.

Thursday, August 16th, 2018

NYT. WP.

The cause was advanced pancreatic cancer, her publicist, Gwendolyn Quinn, said.

Lustgarten Foundation.

Also among the dead: Morgana King, who was somewhat famous as a jazz singer. She was better known, however, as Mama Corleone in the “Godfather” movies.

Herbert Sperling died in early July at a federal prison hospital near Boston. He’d been in prison since 1973.

Prosecutors called him “the operational kingpin of a highly organized, structured and ongoing narcotics network” that smuggled heroin from France and distributed it mostly through black and Hispanic dealers on the East Coast.

He also had a reputation for violence.

In 1977, he was indicted on charges of hiring three fellow inmates at the federal penitentiary in Atlanta to murder Mr. [Vincent C.] Papa, whom he suspected of turning police informant. Mr. Sperling was acquitted in the conspiracy, but two other defendants were convicted of fatally stabbing Mr. Papa in the back and chest at least eight times in a prison courtyard.
Mr. Papa had been convicted of choreographing the audacious theft by rogue police officers of tens of millions of dollars worth of drugs from the New York Police Department’s evidence room in Lower Manhattan in the early 1970s and replacing it with bags of flour and cornstarch. The crimes kick-started a consequential corruption investigation of the police.
Much of the heroin had been seized in 1962 in the Bronx from the car in which it had been shipped from the French port city Marseille. The successful investigation in the case inspired the Oscar-winning 1971 movie “The French Connection.”
Mr. Sperling was also suspected in the death of Louis J. Mileto, whom police identified as a courier for the Sperling heroin ring. Mr. Mileto’s frozen, headless and limbless torso was found in 1972 in the trunk of a gutted car in the Hudson Valley. He was identified by his teeth, which were found in his stomach. Investigators said he had swallowed them during a vicious beating.

There’s your telling detail, right there.

You’re going down in flames, you tax-fattened hyena! (#51 in a series)

Wednesday, August 8th, 2018

Representative Chris Collins, a New York Republican who was one of President Trump’s earliest and most vocal supporters, was charged with insider trading on Wednesday. He was accused of tipping off his son and others to sell stock in an Australian pharmaceutical company before the results of one of its failed drug tests became public, federal prosecutors said.

Personally, I kind of hope Rep. Collins turns out to be innocent, and it was a dingo who gave the stock tips.

DEFCON 26/Black Hat 2018 preliminary notes.

Sunday, August 5th, 2018

DEFCON 26 and Black Hat 2018 start up later this week. Again, I’m not going, but I do feel like I’m inching closer to making a return. Full-timers from my group have been sent to Black Hat in the past, so who knows what’s going to happen next year?

What would I do if I was there? A quick skim of the Black Hat briefings schedule doesn’t show a whole lot that really jumps out at me. I’d probably just be hitting targets of opportunity, with a few exceptions:

What about DEFCON 26? After the jump…

(more…)

I’ve seen scammers on Fyre…

Saturday, July 28th, 2018

I’m sure we all remember the Fyre Festival, now a synonym for “legendary fiasco”.

Loyal readers of my blog, and perhaps others, may remember that one of the principals, William McFarland, pled guilty to wire fraud charges related to the festival.

You’re probably not going to believe this. I have trouble believing it myself. On Thursday, Mr. McFarland pled guilty to even more charges.

Mr. McFarland pleaded guilty to wire fraud, bank fraud and making false statements to a federal law enforcement agent and agreed to a forfeiture of $151,000.

Astonishing part one: this had nothing to do with the Fyre Festival. From the Justice Department’s press release:

From at least in or about late 2017, up to and including at least in or about March 2018, McFARLAND owned and operated NYC VIP Access, a company based in New York, New York. NYC VIP Access purported to be in the business of obtaining and selling for profit tickets to various exclusive events such as fashion galas, music festivals, and sporting events, including the following events, among others: the 2018 Met Gala, Burning Man 2018, Coachella 2018, the 2018 Grammy Awards, Super Bowl LII, and a Cleveland Cavaliers game and team dinner with Lebron James. McFARLAND, while on pretrial release, perpetrated a scheme to defraud attendees of the Fyre Festival, former customers of Magnises (another company operated by McFARLAND), and other customers by soliciting them to purchase tickets from NYC VIP Access to these exclusive events when, in fact, no such tickets existed.

Astonishing part two: notice the dates? Yes! He was running this scam while under indictment for the Fyre Festival scam!

McFARLAND, 26, of New York, New York, pled guilty to one count of wire fraud while on pretrial release, which carries a maximum sentence of 30 years in prison, one count of bank fraud while on pretrial release, which carries a maximum sentence of 40 years in prison, and one count of making false statements, which carries a maximum sentence of 5 years in prison. McFARLAND also affirmed his previously entered guilty plea to two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison. In connection with his previously entered plea, McFARLAND agreed to forfeit $26,040,099.48. In connection with today’s guilty plea, McFARLAND agreed to forfeit an additional $151,206.80.

Max sentence, whale sushi, yadda yadda. But I would expect running a second scam while you’re under indictment for the first one to be what they call an “aggravating factor”, and I’d expect Mr. McFarland’s sentence to be on the high end of those ranges.

Of course, I Am Not a Lawyer, so take that with some salt.

Obit watch: July 24, 2018.

Tuesday, July 24th, 2018

Tony Sparano, offensive line coach for the Vikings and former head coach of the Dolphins and Raiders. StarTribune.

This is kind of a half-obit, but I want to bring it up here so I can call out a couple of things. Tess Henry was an opiate addict. Beth Macy, a writer for the NYT, covered her struggle to get off opiates using “medication-assisted treatment”. Sadly, that struggle ended last December: someone beat her head in and threw her in a dumpster.

This jumped out at me:

Tess’s mother, Patricia, wasn’t a believer in M.A.T because she thought it was widely abused. She worked as a hospital nurse and had seen patients admitted for infections after injecting themselves with buprenorphine and other opioids, as well as countless others, like Tess, who had relapsed after being on the program.

…

As a reporter, I’m not supposed to try to change the outcome of a story. But in Tess’s case, it seemed wrong to remain silent. When Tess was stuck in Las Vegas and couldn’t board a plane because she’d lost her ID, I urged Patricia to help her get on maintenance drugs so that she could make the three-day bus journey home without getting dope sick. Once, when Patricia texted me about taking care of a 25-year-old patient on Suboxone who had contracted endocarditis, an infection of one of his heart valves, from injecting it and other drugs, I gently replied that while Suboxone was sometimes abused, at least there wasn’t any fentanyl in it, “so it’s somewhat safer than street heroin.”

So, on the one hand, we have the addict’s mother, who not only knows her better than just about anyone else, but who is also a nurse who has treated addicts. On the other hand, we have…a NYT reporter.

This, too:

The day of her funeral in January, Dan Polster, a federal judge in Cleveland, was presiding over a hearing in the continuing mass litigation case against opioid makers, distributors and retailers. “About 150 Americans are going to die today, just today, while we’re meeting,” Judge Polster said.
Last month, a lawyer representing some of the plaintiffs in that case called me to discuss a potential settlement. She wanted my ideas about how to treat the more than two million opioid-addicted Americans.

Settlement for what? We’ve decided we’re going to demonize the drug companies for making effective painkillers available, and make it harder for people with real, chronic, crippling pain to get the drugs those companies make – drugs that can improve their quality of life – because we’re so damn concerned with what other people put into their bodies.

I’m not exactly “pro-heroin”. But if Tess Henry had been able to spend $20 a day on a couple of shots – shots of known dosage and purity – would she have been able to work? Hold down a job? Take care of her child? Would she have been any different than the person who comes home at night and drinks some Scotch over ice?

Would Tess Henry be alive today, if we weren’t so insistent on the “demon opiates” line of thinking?

Beth Macy is the author of the forthcoming “Dopesick: Dealers, Doctors, and the Drug Company That Addicted America,” from which this essay is adapted.

“the Drug Company That Addicted America”. I think we know where she’s coming from.