Archive for the ‘Law’ Category

Obit watch: May 22, 2018.

Tuesday, May 22nd, 2018

Murray Newman, over at Life at the Harris County Criminal Justice Center, has a nice tribute up to Judge Frank Price, who passed away on Sunday.

Judge Price was not someone I knew, but I wish I had known him: he sounds like a good and genuinely fun guy.

…he was among the greatest practitioners of sleight of hand and close-up magic, performing routinely as a professional magician at Magic Island and many other venues. Training his hands to betray the closest scrutiny took the kind of discipline that was his forte. He took immense pride in the craft of magic and considered it a noble art, his “other” profession.

(Oddly enough, I was just refreshing my memory of the “Blood and Money” story Sunday night: I had no idea that Judge Price had died until I saw Mr. Newman’s post yesterday.)

Smart people writing smart stuff.

Thursday, May 17th, 2018

This isn’t me being lazy, hand to God: this is me pointing out some things other people wrote that deserve wider attention.

1. There’s a good (and by “good”, I mean “reflects my biases”) op-end in the Statesman that’s a response to the complaints about the academy (previously discussed here):

While our police should be both guardians and warriors, they should eschew militarization, in which a preference for use of force is the answer to all problems. As guardians, our officers must be willing and able to use appropriate force as a warrior but understand it is not the preferred course of action.

Skill level is part of what determines the justification for force; therefore, highly skilled officers are desired. Officers should prefer de-escalation — an important part of their training — but also be capable of escalation, and not just to the final option of a firearm that less capable officers are limited to. Unfit or less capable officers are a liability to themselves and to the public. Weeding them out is properly done in the academy.

2. Pat Cadigan (who, as we all know, is two orders of magnitude smarter than I am) takes apart a misguided recommendation from the Macmillan Cancer Support folks: avoid using the “fighting” metaphor.

Macmillan, honey, it’s not the fighting metaphor that makes patients feel guilty about admitting fear and preventing them from planning properly for their death––it’s the fact that they have frickin’ terminal cancer––literally, not metaphorically!

3. South Texas Pistolero on two recent books about Pearl Harbor and Curtis LeMay.

Also, both Kimmel and Short knew they were woefully undergunned; they repeatedly begged for more weapons from Washington and were refused every time. And we haven’t even gotten into the monumental amount of intercepted communications between Japanese forces in the months leading up to the attack that were kept from them.

The Summers and Swan book looks interesting: I plan to keep an eye out for it. I have heard the Kimmel and Short theory before, though: when we rewatched “Tora! Tora! Tora!” recently, one of the themes that stood out for me was that Kimmel and Short got the shaft because of stupid decisions above them.

You know that an invasion of Japan would have brought about more of that if they had managed to somehow gain the upper hand. And even if they had not, they were all still going to fight to the death. It was going to be brutal either way. The bombings sucked, but in the end, I think it’s safe to say they saved lives on both sides.

See also: “Thank God For the Atom Bomb” by Paul Fussel.

It’s Baltimore, gentlemen.

Tuesday, May 15th, 2018

The gods will not save your job as police commissioner.

The commissioner, Darryl De Sousa, 53, a career Baltimore officer, had been in the post for just four months. He resigned after being charged by federal prosecutors in Maryland with willfully failing to file income tax returns for 2013, 2014 and 2015. The charges are misdemeanors, with a maximum sentence of up to one year in prison and a $25,000 fine for each of the three counts.

Commissioner De Sousa was the third commissioner in three years. The previous two were both fired.

Bring me my extinguisher of burning hyenas…

Tuesday, May 15th, 2018

The felony invasion of privacy charges against Missouri governor Eric Greitens were dropped on Monday. In the middle of jury selection, no less.

(Previously on WCD.)

It sounds like the case had become a freaking mess. The supposed photo that kicked off the case hasn’t been found, the victim is reluctant to testify, the judge disqualified some of the expert witnesses the prosecution planned to call, and the defense was apparently planning to call the prosecutor who filed the charges as a witness.

But don’t throw away the popcorn yet:

Mr. Greitens, only a year and a half into his first term in office, remains entangled in a legal and political thicket, and his future remains very much in doubt. A second felony charge, of tampering with computer data, awaits; prosecutors contend that he illegally obtained a donor list from a veterans’ charity he founded and used it for his 2016 campaign. And he faces a looming threat to his governorship from the Missouri General Assembly, which has scheduled a special session on Friday that could lead to a vote on impeachment.

Obit watch (and other things): May 15, 2018.

Tuesday, May 15th, 2018

I decided to put the Margo Kidder obits here: NYT. WP.

Adam Parfrey, publisher of weird stuff under the Amok Press and Feral House imprints.

My feelings about baseball in general, and the New York Yankees specifically, are well known. But this is a nice story:

For the past three years, the Yankees have been quietly sending flowers to the families and police departments of slain law enforcement officers across the country.

While the flowers usually arrive without warning or explanation beyond the message on the card, the gesture can elicit strong emotions. In Fargo, when Officer Jason Moszer was shot and killed in the line of duty in 2016, his 11-year-old stepson, Dillan Dahl, was devastated. When the flowers from the Yankees arrived, Dillan took them to his room and watered them, trying to keep them alive for as long as possible, said his father, Tim Dahl.
“It was the first time he smiled in days,” Dahl said.

This is a good story, too, and one I didn’t have time to blog on Sunday:

Obit watch: May 9, 2018.

Wednesday, May 9th, 2018

NYT obit for James Avery.

Anne V. Coates, noted film editor. She was nominated five times for Oscars, and won for “Lawrence of Arabia”.

Her other Oscar nominations were for “Becket” (1964), directed by Peter Glenville; “The Elephant Man” (1980), by David Lynch; “In the Line of Fire” (1993), by Wolfgang Petersen; and “Out of Sight” (1998), by Steven Soderbergh.

George Deukmejian, former governor of California.

You’re going down in flames, you tax-fattened hyena! (#50 in a series)

Tuesday, May 8th, 2018

Lawrence beat me to it, but: Eric Schneiderman out. Go over there.

State Attorney General Eric Schneiderman called his Sri Lankan girlfriend his “brown slave” and wanted her to refer to him as “Master,” the woman says.

Attorney General of Gor was my personal favorite John Norman novel.

Memo from the police beat.

Tuesday, May 1st, 2018

The long slog towards hiring a new police chief in Austin appears to be coming to an end.

First we had to wait for a new city manager. Then, once we got a new city manager, he (Spencer Cronk) had to figure out what he wanted to do about filling the job.

Now he’s got finalists.

Oh, did I say “finalists”? I meant “finalist”: interim chief Flint Ironstag Brian Manley.

Chief Manley has a lot of community support, especially after the Mad Midnight Bomber What Bombs at Midnight incident. However, his selection isn’t final:

…sources say he will make clear he plans to seek input from citizens and civic groups through a series of meetings and other events before making a final decision on whether to appoint Manley or open the job nationally.

Personal opinion: I like Fist Rockbone. He hasn’t said anything yet that really annoyed me, he’s a St. Ed’s grad, and he’s a local guy who knows the city. I think it’s about time for the department to be led by someone like this.

In other news, the Statesman ran a big investigative story over the weekend:

Spisak, Gibbons and Murray are among 10 former cadets with a broad range of life and professional experiences who did not complete the academy training course — two were kicked out — and spoke in recent months to the American-Statesman.
They say what they were being taught at the academy is out of step with reforms being promoted by the Austin Police Department publicly and in law enforcement agencies across the country. To them, the training course for rookie Austin officers is unnecessarily aggressive — a climate they fear pervades the force of 1,800 officers and spills onto the street.

I haven’t sorted out how I feel about this yet. On the one hand, these are people who didn’t make it through the academy complaining about the training.

On the other hand, despite my hanging out with the cops, I’m still somewhat on the side of Radley Balko and others: policing has become increasingly militarized and aggressive, and needs to get back to fundamentals.

On the gripping hand, I think there’s a lot of truth in what the training officers say, and what I’ve heard in my interactions with them. Policing is, by nature, an agressive act: you’re dealing with people who don’t want to go to jail. Of course they’re going to fight you, and you need to be prepared for that. You need to be prepared to fire a shotgun, hit the target, and deal with the recoil, even if you are a small-framed woman. (The woman who runs Austin’s CPA program probably weighs 120 pounds, soaking wet and with full duty gear. She’s been a police officer for 20+ years, doing some of the toughest stuff imaginable, and can kick your butt eight ways from Sunday.)

“We are sorely disappointed in you as a group,” he yelled. “We’ve got people showing up who have lived in Austin, Texas, for a (expletive) year and still don’t have the right address on their driver’s license. Guess what? You’re showing up at the Police Department and you’re violating the (expletive) law. Grab your water bottles and get the (expletive) outside.”

He’s absolutely right. Cadets have plenty of advance warning before they show up to the academy, and they know what they’re getting into. There’s no reason for them to show up not squared away.

The other thing I hear training officers say: they’re dealing with entire generations of people who have never been in a fistfight. They have no idea what it’s like to take a punch, or get into a physical confrontation. Not only have they never done it, they’ve been actively discouraged from doing it all of their life. And the academy has to teach them to get past and through that. You can’t quit if you hurt a rib or got punched in the face. You have to keep going, or else you will die. Or your partner will die. Or both of you will die.

I’m not one of those people who blindly says “Oh, the cops have a dangerous job” as an excuse for bad behavior. Yes, it is dangerous (not so much so as commercial fishing, for example) but I still want my police to behave properly, and treat everyone with dignity and respect up until the point they forfeit that right. Then I want them to end the threat as efficiently and humanely as they possibly can. To steal an old CHL saying, “Be polite, be professional, and have a plan to kill everyone you meet.”

And frankly, I’d be a lot more sympathetic to some of these complaints if the other side didn’t pick some of the worst possible examples to promote.

This is one of my recent favorites:

By most indications, he was exceedingly straitlaced. He dressed well, usually wearing pullover polo shirts and tightly belted cargo pants. Once a week, he went to a barbershop to get a haircut and a manicure. He was so meticulous about keeping his house clean that he asked visitors to take off their shoes before coming inside so they wouldn’t track dirt across the carpet. “Red even had the toilet paper coming out over the top of the roll,” said Tommie Albert, an older man in the neighborhood who’d known Batiste since he was a boy. “He said it looked better than toilet paper coming out from behind the roll.”
Batiste regularly visited his aging parents to check on them. A few times a week, he went to see his girlfriend, Buchi Okoh, their eighteen-month-old daughter, and Okoh’s five-year-old son from a previous relationship. Okoh, a striking, gregarious woman in her early thirties, worked in sales at a Cadillac dealership. On occasion, Batiste would take her to a nice restaurant, but most of the time they stayed home and played with the children. Okoh told friends that her boyfriend was a budding real estate developer, buying and renovating small homes. He was a good man, she said, intelligent and ambitious. He read self-improvement books like Do You!: 12 Laws to Access the Power in You to Achieve Happiness and Success, by the hip-hop mogul Russell Simmons. He was determined to make something of himself, “to be the best person he could possibly be,” Okoh said, “building his life the right way.”

And the profile goes on. Why is Batiste being profiled in Texas Monthly?

He and his criminal gang executed multiple armored car guards to steal cash they were using to refill ATMs. Batiste allegedly stood off at some distance with a rifle and shot the drivers guards, then his partners drove up, grabbed the cash, and drove off.

I swear I wrote about the end of this story, but I can’t find it now. Briefly: HPD got a tip and ambushed Batiste and his gang. Batiste got out of his car with a rifle and shot at the HPD officers: HPD returned fire and killed him.

At a detention hearing, when asked about other robberies Batiste had carried out, Jeffrey Coughlin, a young FBI agent who had helped lead the investigation, remained cagey, declaring that the FBI “at this time” was only connecting Batiste to the two armored car robberies in March and August of 2016. However, shortly after the December shoot-out, Houston police chief Art Acevedo, who had been briefed on the FBI’s investigation, announced at a press conference that there was a “high probability” that Batiste was involved in all of the murders of Houston’s armored car messengers over the previous two years, including the shooting of Alvin Kinney, in February 2015.

TM wants you to feel sorry for this man, and his woman and children. TM apparently doesn’t want you to feel sorry for Alvin Kinney, Melvin Moore, David Guzman, or the unnamed messenger who was wounded but not killed.

Obit watch: April 24, 2018.

Tuesday, April 24th, 2018

Speaking of the use of the US Mail to commit crimes, I meant to note this the other day, but it got past me:

Walter Leroy Moody Jr. descended into Hell Thursday night.

Some of you may recall the crime, but not the name. Mr. Moody was a crank who had a grudge against the 11th Circuit Court of Appeals. So he sent a bomb to the home of one of the judges, Robert Vance Sr. The bomb killed Vance and seriously injured his wife. To cover his tracks, Mr. Moody sent out more bombs: one of them killed Robert E. Robinson, a lawyer. Others directed at the NAACP and the offices of the 11th Circuit were intercepted.

Law enforcement eventually tracked the bombs back to Mr. Moody, who was convicted of a whole host of federal charges. He was sentenced federally to seven life terms, plus 400 years. However, the state of Alabama prosecuted Mr. Moody for the murder of judge Vance: he was convicted at that level, resulting in his death sentence.

There are two books about the case, neither of which I’ve read: I used to see Priority Mail regularly at Half-Price, but I haven’t seen a copy in a while. Blind Vengeance: The Roy Moody Mail Bomb Murders is the one I wasn’t aware of, but stumbled across while trying to find Priority Mail. Blind Vengence seems to have been published by a university press (which probably explains its obscurity), and both are available used from Amazon relatively cheap. I may have to bend my “one true-crime book per case” policy.

I have no joke here…

Monday, April 23rd, 2018

…I just like saying “county-funded fajitas”:

[Gilberto] Escamilla was fired in August and arrested after authorities checked vendor invoices and obtained a search warrant that uncovered county-funded fajitas in his refrigerator.

Mr. Escamilla worked at the juvenile detention center in Cameron County, Texas. This is way down in the south part of the state (Brownsville is the county seat.)

Mr. Escamilla was allegedly ordering fajitas through the detention center, using county money, and then delivering them to his own customers.

His scam was uncovered when he missed work for a medical appointment and an 800-pound (360-kilogram) fajita delivery arrived at the center, which doesn’t serve fajitas.

The state claims this scam amounted to $1.2 million worth of fajitas over nine years. Mr. Escamilla was sentenced to 50 years in prison on Friday.

Edited to add: more from Texas Monthly.

Theft of more than $300,000 is automatically a first-degree felony in Texas. On top of that, Texas treats theft by a public servant differently from other kinds of theft. The theory behind that is that theft committed by a private individual harms the person or people who were stolen from; but theft by a public servant harms the taxpayers who pay their salary, and harms society at large by eroding trust in those who’ve agreed to serve us. In cases where a public employee is accused of stealing less than $300,000, charges involving public servants using their official positions to facilitate the crime are automatically escalated to the next-highest level of felony. In Escamilla’s case, the value of the meat he stole meant that it was already the highest class of felony—which helps explain why his sentence was so high.

Updates.

Thursday, April 19th, 2018

Melina Roberge has been sentenced to eight years in an Australian prison. I missed this previously, but her co-conspirator, Isabelle Lagace, received a seven and a half year sentence.

You may recall Ms. Lagace and Ms. Roberge as the two women who posted photos of their travels to exotic locations on Instagram…right up to the point where they were busted trying to smuggle 95 kilos of cocaine into Australia.

Roberge – who became known as “Cocaine Babe” in headlines – will serve at least four years and nine months, without eligibility for parole; she will eventually be deported to her home country, the AP reported.

The third member of the conspiracy, Andre Tamin, is supposed to be sentenced in October.

In other news, Alex Malarkey is suing the Christian publisher Tyndale House.

I’ve written about this before, but it was brief, inside a TMQ Watch, and the related TMQ (and all the other ones that were on ESPN) has been deleted. So:

In 2004, when Alex was six, he and his father Kevin were involved in a serious car accident. Alex was in a coma for two months, and is a quadriplegic as a result of the accident.

In 2010, Alex and Kevin wrote, and Tyndale House published, a book called The Boy Who Came Back from Heaven: A Remarkable Account of Miracles, Angels, and Life beyond This World. (Link provided for informational purposes only, and should not be interpreted as endorsement of the book.) In the book, Alex and Kevin claimed that Alex had visited heaven and encountered both Jesus and Satan. The book was a bestseller.

In 2015, Alex Malarkey publicly renounced the book:

“I did not die,” he wrote in a blog post. “I did not go to Heaven. I said I went to heaven because I thought it would get me attention.”

Tyndale House took the book off the market after Alex’s admission.

In the current lawsuit, Alex is asking for a financial accounting from Tyndale House. Additionally:

The suit says identifying Alex as a co-author of the book violates Illinois’ Right of Publicity Act, and he is entitled to profits from the unauthorized use of his name, along with punitive damages. Malarkey also seeks an injunction requiring Tyndale House to disassociate his name from the book, which lists his father as a co-author.
The suit also alleges the publisher violated Alex Malarkey’s right to privacy, cast him in a false light, intruded on his seclusion, defamed him, violated Illinois law barring deceptive trade practices, and financially exploited him in violation of an Illinois law barring the exploitation of people with disabilities.

When guns are outlawed…

Monday, April 16th, 2018

…only outlaws will have shivs.

Seven inmates were killed during fights that lasted more than seven hours at a South Carolina prison Sunday night and into Monday morning, according to officials.

Though most of the autopsies have yet to be performed, it appears that many of the prisoners died from stabbing or slashing wounds from “shanks,” Lee County Coroner Larry Logan said. The official cause of death will not be determined until after the autopsies.

Seriously? A mass stabbing incident? And not in a school this time, but in a freaking maximum security prison?

More from the WP:

Lee Correctional Institution is one of South Carolina’s highest-security prisons, which means the inmates are generally tightly monitored and their movements inside the facility are limited.

Violence at Lee Correctional is not uncommon. During the past year, at least three inmates were killed in separate incidents, while last month, inmates held an officer hostage for about an hour-and-a-half before releasing him, according to the State newspaper.

Lawrence had much the same thought I did: why did it take seven hours to bring this under control?

I want to make it clear: I don’t take pleasure in this, and I’m opposed to extra-judicial punishments for prisoners. But if you can’t keep people from doing harm on a large scale with improvised weapons in a prison, why do you think laws on inanimate objects are going to keep people from doing harm on a large scale in the free world?

Go big or go home.

Friday, April 13th, 2018

I have a theory.

If you’re going to commit a crime, make it worthwhile. Don’t throw your life away for free movie tickets or a lousy few hundred dollars. Seven figures in front of the decimal point is a good guideline.

Likewise, if you’re going to run guns to Mexico, don’t just run semi-automatic AKs and ARs. Go for all the gusto:

An Austin man, a Georgetown man and an Arizona machine gun manufacturer have been accused in a scheme that involved smuggling machine guns and ammunition to Mexico, according to a press release from the U.S. Attorney’s office.

Carlson worked with others to acquire and unlawfully smuggle 200 firearms including .50 caliber rifles, plus hundreds of rounds of ammunition to Mexico, the release said.
It said he worked with Fox — who is a former law enforcement officer and federal firearms licensee — to illegally acquire multiple M-134G Minigun machine guns.
The M-134G has six barrels and can fire between 2,000 and 6,000 rounds of ammunition per minute, according to the release. As part of the scheme, Fox contacted Garwood — the owner of Garwood Industries in Scottsdale — who agreed to help build the guns and supply Fox with M-134G parts, according to the release.

For those of my readers who are not people of the gun, here’s a short video of a minigun in action:

One of my friends commented last night that the M134 sounded like a great home defense weapon, and I had to agree with him: if you are attacked by a marauding rogue home, 58 rounds per second of 7.62 NATO should stop an attacking home fairly quickly.

(I’m kind of impressed that the Statesman writer got the part about the rotor housings being the serialized part right. At least, I assume he did, not being a minigun expert: but it’s generally impressive when a writer shows some understanding of what “serialization” means in this context.)

(Insert Fast and Furious reference here.)

(Insert rant about the Second Amendment covering machine guns here.)

You’re going down in flames, you tax-fattened hyena! (#49 in a series)

Thursday, April 12th, 2018

I haven’t been covering the corruption trial of former Texas congressman Steve Stockman as well as I could have. Not because of my own political sympathies (though I’m sure there are people who won’t believe that), but simply because of flat-out being busy three nights a week and having a series of full weekends.

Anyway, the verdict is in: guilty on 23 out of 24 counts.

Stockman was charged with “masterminding a wide-ranging fraud scheme that diverted $1.25 million in charitable donations from wealthy conservative philanthropists to cover personal expenses and campaign debts”. Specifically, he was convicted of mail and wire fraud, the ever popular “conspiracy”, “making false statements to the Federal Elections Commission”, and money laundering. The acquittal was on a single count of wire fraud.

Prosecutors presented a meticulously documented case, featuring flow charts and canceled checks, to illustrate how the two-time Republican lawmaker funneled charitable donations through a series of sham nonprofit organizations and shell bank accounts to spend on an array of personal expenses that included his brother’s homemade Advent books, a dolphin watching trip and an amateur spy operation that trailed a perceived GOP rival around the statehouse in Austin.

Two of his aides, Jason Posey and Thomas Dodd, took plea bargains and rolled on Stockman.

Posey testified that he and the former congressman knew they were breaking the law by concealing the source of the funds. But Stockman instructed him to push forward with his plans to spend charitable money on hotel rooms, plane flights and burner phones for secret conversations, and he complied.

I’m sorry, but the fact that they bought burner phones fills me with delight.

Stockman could get “a maximum of 20 years in prison on each of the fraud charges alone” but we all know that’s unlikely to happen, right?

CRASE.

Thursday, April 5th, 2018

So I was hanging out with the cops in Lakeway last night.

I’m about 99 44/100ths percent sure this is the video that they showed as part of their Citizen Response to Active Shooter Events presentation. This seems to me to be a good one: it’s also short (~11 minutes) so it isn’t a huge commitment of your time.