Archive for the ‘Law’ Category

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.

Obit watch: July 22, 2018.

Sunday, July 22nd, 2018

Jonathan Gold, restaurant critic for the LA Times and Pulitzer Prize winner. NYT.

This hit me kind of hard, and I’m not exactly sure why. I don’t live in LA, I barely even consider California to be part of the United States these days, and the LAT website has become so obnoxious I rarely read it. At most, I was an intermittent follower of Gold’s.

I know obituaries generally concentrate on the positive about the subject – I’ve seen very few that say, “Christ, what an a–hole” – but the tributes to him make him sound like an incredibly kind and funny guy who loved food, and even more loved telling people about food.

Gold was mission-driven as a critic, hoping his food adventures through the city’s many immigrant enclaves would help break down barriers among Angelenos wary of venturing outside their comfort zones. In the process, he made L.A.’s enormousness and diversity feel accessible and became one of the city’s most insightful cultural commentators.

He may not have eaten everything in Los Angeles, but nobody came closer. He rarely went to the subject of one of his reviews without stopping to try four or five other places along the way. He once estimated that in the hunt for interesting new things to eat and write about, he put 20,000 miles on his green Dodge Ram 1500 pickup truck each year. While driving, he liked listening to opera.

He preferred to praise chefs rather than pan them. If Gold wrote about you, he generally liked your food. Earnest and slightly awkward in person, he would voice displeasure with a gentle rebuke instead of the gleeful excoriating that other critics tend to dabble in.
“He wasn’t looking down his nose at the world, he was looking out from the table and trying to put restaurants, meals and cuisines in context. Empathy, understanding, commensality: That’s what he brought to the game,” Meehan said. “Jonathan didn’t write restaurant reviews, he wrote about who we are and how we feed each other. He wasn’t just a better writer than the rest of us, he cared more, too.”

Also, he was only 57: pancreatic cancer got him so fast most people didn’t even know he was sick, according to the obits. I’ve linked to them before, but The Lustgarten Foundation for Pancreatic Cancer Research still gets four stars from Charity Navigator.

Also among the dead: Shinobu Hashimoto, screenwriter perhaps most famous for his work with Akira Kurosawa (including “Rashomon”, “Ikiru”, and “Seven Samurai”.

Of the writers in Kurosawa’s stable, Mr. Hashimoto was among the longest-serving, contributing to eight screenplays from 1950 to 1970. Their other pictures together include “Throne of Blood” (1957), a reworking of “Macbeth” set in feudal Japan; “The Hidden Fortress” (1958), an adventure film about a princess escorted in disguise through enemy territory; and “Dodes’ka-den” (1970), about the residents of a Tokyo slum.

Madeleine Kamman, noted French chef and author.

By the time she died, Ms. Kamman had established a reputation as a strong-willed teacher of traditional French cuisine for modern tastes and an influential chef whose cooking was deeply informed by her knowledge of food chemistry, botany, history and geography.

Last, least, and burning in Hell: Barry Mills, leader of the Aryan Brotherhood.

Dumb de dumb dumb.

Thursday, July 19th, 2018

Dumb de dumb dumb…

The stories I am about to link to are true. I haven’t changed any names, because none of these people are innocent.

Dumb: threatening a judge.
Dumber: threatening two judges.
Dumbest: threatening two judges, one of whom was already shot and wounded by another idiot three years ago.

“I have every right to hang your (expletive),” Holgate said in a message according to the affidavit. “You have every goddamn right to be afraid of me. I am the law and you shouldn’t have crossed me.”
In another message, Holgate threatened to kill one of the judges, according to the document.
“I have the right to (expletive) kill you. You understand that?” He said. “…But we will see if we can resolve it. I don’t think we can, I think we are just going to hang your (expletive).”

And by the way…

…his arrest affidavit said he identified himself at the beginning of each of his threatening messages.

Meanwhile, over in Williamson County, the relatively new sheriff and prolific tweeter Robert Chody is in a micturition contest with one of the county commissioners, Dan Gattis.

Sheriff Chody has opinions about how county government is run, especially when it comes to sewage leaks, and does not hesitate to share them. This, in turn, seems to upset Judge Gattis:

“He stuck his finger in my chest — he didn’t actually touch me — and said, ‘Tell that sheriff if he doesn’t quit tweeting, I’m going zero his budget out,’” Chief Deputy Tim Ryle told the American-Statesman on Wednesday. “My comment to him was, ‘Judge, are you sure you want to say that?’ He said, ‘Yes, tell him to stop tweeting about me and my people.’

This little spat wouldn’t be noteworthy to me, except for what happened next:

Gattis’ alleged threat crossed a legal line, say Williamson County prosecutors, who filed a misdemeanor official oppression charge against him. Law enforcement officials issued a summons for Gattis to appear in state District Court in lieu of being arrested.

Yes, you read that correctly: the WillCo DA filed criminal charges against a county commissioner (who, by the way, is not running for re-election this year) because he shot his mouth off.

Personally, I think they’re all idiots: the sheriff’s office and the DA for filing charges over a political disagreement, and Judge Gattis for making empty threats. (“I’m going zero his budget out”. Yeah, Judge, you’re going to zero out the sheriff’s department budget. Call me when the pigs start flying.)

I have to do this.

Sunday, July 15th, 2018

I’m sorry.

A federal judge on Saturday ordered the Los Angeles Times to remove information from an article that described a plea agreement between prosecutors and a Glendale police detective accused of working with the Mexican Mafia, a move the newspaper decried as highly unusual and unconstitutional.

More seriously, there seems to be a long recent string of judges deciding that they can just disregard the Supreme Court and order newspapers to do whatever the judge wants. Just once before I die, I would love to see an editor or publisher say to one of those judges:

“Your order is illegal and unconstitutional, and we believe that you are fully aware of these facts. We will not obey your order. We will also not initiate violence. But if this court attempts to enforce its illegal order, we will treat that as the initiation of violence against our staff, and we will defend ourselves with whatever level of force is necessary to stop said violent acts.”

Edited to add 7/16: Ken White over at Popehat:

This is not a close call. Judge Walter’s order is not plausibly lawful. It is patently unconstitutional, and the sort of order that is only issued when a judge deliberately defies First Amendment law or is asleep at the switch. This is utterly unacceptable. The Los Angeles Times will be challenging the order, and I expect them to win, and look forward to all of the briefing — and the original article — becoming available.

Headline of the day

Saturday, July 14th, 2018

Kicking, screaming, biting Kansas councilwoman finally taken down with Taser, arrested, police say

It’s not quite “You’re going down in flames, you tax-fattened hyena!” but it’s close enough for government work.

Bonus points:

A few days later, on July 2, Fowler refused to cooperate with jail workers as they tried to complete the booking process.
When officers were forced to remove jewelry and personal items from her, Fowler bit one of them on the thumb hard enough to break the bone.

The original charges against her were failure to appear on a public drunkeness and interferring with law enforcement charge from last year. Now she’s managed to escalate that into at least two, probably three counts of battery on a law enforcement officer. Plus interference with a law enforcement officer times two. Plus the drunkenness charge.

I wouldn’t expect her at a council meeting in the near or far future.