Archive for the ‘Law’ Category

I met him in a place down in São Paulo…

Thursday, April 5th, 2018

…where they serve churrasco with arroz de coco,
C-O-C-O, coco.

He walked up to me and he asked me to vote,
I asked him his name and in a crooked voice he said Lula,
L-U-L-A, Lula.
La-la-la-la Lula.

When guns are outlawed, only outlaws will have…

Thursday, March 29th, 2018

…water slides.

This is one of those things that I intended to note earlier, but then I got busy and it got past me.

Schlitterbahn and Tyler Miles (the local operations manager for their Kansas City park) were indicted last week on involuntary manslaughter charges. This is related to the death of a ten-year-old boy who was decapitated on the Verrückt waterslide.

Texas Monthly online has a pretty good summary of the indictment and what led up to it. The spin here, based on the criminal indictment, is that these people supposedly had no idea what they were doing.

According to the indictment, lead designer John Schooley “possessed no engineering credential relevant to amusement ride design or safety,” and neither did Schlitterbahn co-owner Jeff Henry, whose emails describe a desire to “micro manage” the project because “speed is 100% required.”

Why was speed “100% required”? Allegedly, Henry was trying to impress reality show producers.

…Henry’s statements as quoted in the indictment are troubling. “[Verrückt] could hurt me, it could kill me, it is a seriously dangerous piece of equipment today because there are things that we don’t know about it. Every day we learn more,” he’s quoted as saying. “I’ve seen what this one has done to the crash dummies and to the boats we sent down it. Ever since the prototype. And we had boats flying in the prototype too. It’s complex, it’s fast, it’s mean. If we mess up, it could be the end. I could die going down this ride.”

…Henry seems to cast the industry’s guidelines as arbitrary and unnecessary—at one point, he’s quoted as saying, “we’re gonna redefine many of the definables that have been defined in the industry that we couldn’t find good reasons for. Like a 48-inch height rule. Why 48 inches? I could never figure out why not 47 inches. It made no sense to me. And so we’re gonna change all that now in this park, and hopefully change it worldwide in all parks and get back to rational reasonable scientific decisions as to why and how we run our facilities.” Furthermore, the indictment lists twelve different examples of the ride violating standards set by the American Society for Testing & Materials, which creates guidelines for amusement park rides. Schooley signed a document certifying that the ride was in compliance. The indictment describes the netting and support hoops above the ride as “obviously defective and ultimately lethal.”

Kind of burying the lede, and something I didn’t see reported as widely as the first indictment: Henry has also been arrested, and is charged with “murder, twelve counts of aggravated battery, and five counts of aggravated endangerment of a child”. The indictment against Henry hadn’t been released when the TM article hit the web, so indictment details are scanty.

It is worth remembering that most of what’s in the TM story is the prosecution’s case from the indictment, that Henry, Miles and Schlitterbahn have a different story that their lawyers will be presenting at trial, and that all parties should, of course, be presumed innocent.

Obit watch: March 21, 2018.

Wednesday, March 21st, 2018

Nelda Wells Spears, former Travis County tax assessor-collector. I remember having to write checks to her, back in the pre-Internet days…

Earl Cooley, prominent Austin SF fan, influential early BBS guy, and a personal friend.

The Mad Midnight Bomber What Bombs At Midnight. They haven’t released a name yet, but even if they did, I wouldn’t give him the publicity.

Memo from the police beat.

Saturday, March 17th, 2018

I’m a couple of days behind on these: I plead just sheer being busy.

Three APD officers have been indicted by a grand jury. Two of the officers were involved in a single indicident, and the third in a seperate one.

In the first incident, the two officers responded to a shooting downtown. A group of people were around a guy who’d been shot. Officers ordered everybody onto the ground. One guy walked away and ended up getting Tasered.

Manley said the officers were indicted because their written reports of the incident did not match up with what was captured on the officers’ body-worn cameras.“Specifically, the individual was described in the report as on his feet and walking away from the officers, and it is clear on the video that that is not what happened in this instant,” he said.

The third case involves a prostitution arrest: details on both of these cases are kind of vague. But:

“We have policies that allow our officers to use force when necessary to effect an arrest or to protect themselves or others,” Manley said, but in the cases revealed Thursday, “the supervisors who reviewed them had concerns and forwarded them up the chain, and they resulted in these investigations and ultimately with these indictments.”

Unrelated, because this took place in Williamson County: a former deputy with the WillCo sheriff’s department has been charged with punching a 12-year-old girl in the face.

A witness told police [Jack] Danford came to the restaurant and had a few beers on the patio after “drinking all day” and started playing with a dog, the affidavit says. A 12-year-old girl came up and started playing with it, too, and Danford “quickly jumped up from his seat and tackled” her, the document says.

Another witness said he heard the girl scream and ran up to see Danford punching her in the face and that he and others started punching and kicking Danford to get him off her, the affidavit says.

According to court documents, he told police as he was being arrested that he was drugged. Danford would not loosen his grip on an officer’s wrist until getting hit several times with a police baton and taken into custody, the documents say.

He’d previously been charged with resisting arrest and public intoxication. Now he gets to add “injury to a child” to his collection.

Williamson County Sheriff Robert Chody said the unusual nature of the arrest led him to fire Danford last week.
“When you reflect negatively on our department, there’s a price to pay,” he said.

Random notes, mostly legal, March 15, 2018.

Thursday, March 15th, 2018

When guns are outlawed, only outlaws will have samurai swords.

In the immortal words of Hank Williams, Jr., it’s just a family tradition.

Interesting #1:

Exonerations caused by official misconduct: 84
Well over half of the people exonerated last year were initially convicted because of official misconduct, such as officers threatening witnesses, analysts falsifying tests or officials withholding evidence that would have cleared the defendant.

No-crime exonerations: 66
In just under half of the exonerations last year, defendants were wrongfully convicted in cases in which no crime was committed. This included more than a dozen drug possession cases, 11 child sex abuse cases and nine murder cases.

On a totally unrelated note, the state of Oklahoma, where the wind comes sweeping down the plains and it’s hard to get drugs for lethal injections, has decided to start using nitrogen gas instead. (Subject to judicial approval.) I’ve seen other folks call for this as being a much more painless and humane alternative to lethal injection, but OK seems to be the closest to actually doing this.

(Yes, I know: “You know what else is a painless and humane alternative to lethal injection? Not executing people.” And yes, that seems especially relevant in light of the previous item. One of these days, I will write that essay for you guys on the death penalty and my complicated feelings about it.)

Herman Bell has been granted parole. Mr. Bell, along with Anthony Bottom and Albert Washington (members of the Black Liberation Army), executed NYPD officers Joseph A. Piagentini and Waverly M. Jones on May 21, 1971.

In a statement condemning the decision, Commissioner James P. O’Neill recalled how Mr. Bell and his co-conspirators “shot Officer Piagentini 22 times, including with his own service revolver — as the dying officer pleaded for his own life.”

Mr. Bell has been in prison for 47 years. Mr. Washington is still in prison. Mr. Bottom died in 2000.

Toys ‘R’ no longer us.

Headline:

Claire Foy, Queen on ‘The Crown,’ Was Paid Less Than Her Onscreen Husband

Body:

Mr. [Matt] Smith came to Netflix as an established actor in Britain, most notably as the titular character on the BBC staple “Doctor Who” from 2010 to 2013 — a fact that informed the producers’ decision around salary, they said at the conference.

Aside from a role in 2015 in the Golden Globe-winning BBC mini-series “Wolf Hall,” Ms. Foy, 33, was a relative unknown when she was cast in “The Crown.”

The show’s producers have promised that, from now on, “Nobody gets paid more than the queen.” Oh, by the way: they’re also recasting the show: the queen will now be played by Olivia Colman.

You know, you would think that Sorkin and company would have worked out all the permissions issues before actually trying to stage the play

Have I really been blogging this long?

Thursday, March 15th, 2018

Folks who have been reading this blog for a long time may remember Laura Hall, or, as I like to call her, “The Happy Hacker”.

For those with poor memories or who haven’t been following along, Ms. Hall is famous for such hits as “help this guy I know cut up and dispose of his girlfriend’s body” and “turn my five year sentence into ten years because I’m such a witch“.

Ms. Hall will be released from prison today.

Even though Hall was convicted in 2007, it took five years of emotional legal wrangling for a Travis County jury to sentence her to 11 years in prison. Her sentence included 10 years for the tampering with evidence conviction and one year for a charge of hindering apprehension — both were served concurrently.
She was also allowed time served, which is why she’s being released Thursday.

She’s served “almost” eight years out of her ten year sentence.

Another one I missed.

Thursday, March 8th, 2018

Seriously, for the past few days, I’ve had crud oozing out of my eyes and nose continuously. Up until today, I could just barely stand to look at a computer monitor.

But that’s a digression. Remember the Fyre Festival? Wasn’t that a hoot?

On Tuesday afternoon the festival’s main organizer, William McFarland, pleaded guilty to two counts of wire fraud related to the festival and to his media company that prosecutors said had cost investors $26 million in losses.

He told the judge, Naomi Reice Buchwald, of Federal District Court in Manhattan, that he had begun organizing the festival with good intentions but had “greatly underestimated the resources” it would take.

But that’s not fraud. Poor judgment, maybe, but not outright fraud.

Charging documents filed by prosecutors said that Mr. McFarland, 26, had provided investors with false financial reports, including one that listed millions of dollars in talent-booking revenue for Fyre Media. In reality, the documents said, the company had earned only about $57,000 in bookings in the year leading up to the festival.
Mr. McFarland was also charged with showing investors bogus financial documents to claim that he owned more stock than he actually did so that it would appear he was in a position to personally guarantee an investment. And, prosecutors said, he used inflated revenue numbers to induce a ticket vendor to pay $2 million for a block of advance tickets for future festivals.

Oh. That’s different. (And it sounds like this is just what the government claimed: we don’t know what he actually admitted to in his plea.)

Both counts that Mr. McFarland pleaded guilty to carry maximum penalties of 20 years in prison, though a sentence of that length seems unlikely.

My mother thanks you, my father thanks you, Ken White thanks you, and I thank you.

Flames, hyenas, etc. (#48)

Thursday, March 8th, 2018

Apologies for being a little behind on these. I’ve been having some issues the past few days and am slowly getting back up to speed.

Hyena number one: Dawnna Dukes got curb-stomped in Tuesday’s primary.

Tuesday, Dukes picked up just 10 percent of the vote and finished a distant third among the three candidates who were believed to have had realistic paths to victory. Dukes will remain on the job through the end of the year before she’s replaced by the winner of the May 22 runoff between Jose “Chito” Vela and Sheryl Cole.

(Previously.)

Hyena number two: the mayor of Nashville resigned on Tuesday. This was part of her guilty plea to charges of felony theft.

Nashville isn’t my usual beat, but I’ve been sort of following this story from the edges. In brief: the mayor was having an affair with her “head of security”, and the felony theft charges apparently involve payments for overtime and travel expenses to her partner (who also pled guilty to felony theft charges).

As part of her plea deal, Barry was sentenced to three years of unsupervised probation and agreed to reimburse the city $11,000 in unlawful expenses. She paid the money Tuesday. She also was booked into the jail and had her mug shot taken.

Forrest also pleaded guilty Tuesday to property theft and was sentenced to three years of probation. As part of his plea agreement, he’s required to reimburse the city $45,000 paid to him as salary and/or overtime during times when he was not performing his duties as head of the mayor’s security detail. Forrest has not yet paid the money.

One thing I picked up elsewhere: apparently, the plea deals include deferred adjudication. Basically, if Barry and Forrest keep their noses clean (and, I assume, make restitution), they can have the felony conviction expunged from their records.

Open question: what’s going to happen to Forrest’s pension? He retired the day the affair was announced, and was approved for $74,000 a year. But that figure was based, in part, on the overtime payments Forrest collected while he was Barry’s lover…

Edited to add: I got to wondering, and I’m sure all of you were as well. According to this article from 2015, former mayor Barry was not a member of Crooked Mayors For Disarmed Citizens. But it wasn’t for lack of trying:

Megan Barry is among the nation’s mayors who support congressional action to close the so-called “gun show loophole,” and she also believes that local municipalities should be able to craft “reasonable restrictions” over guns and still protect Second Amendment rights.

Despite the push among some mayors demanding action on guns, Barry at this point isn’t part of former New York Mayor Michael Bloomberg’s Mayors Against Illegal Guns.

Mayor’s office press secretary Sean Braisted said Barry has no plans to join Mayors Against Illegal Guns at this time.

You’re going down in flames, you tax-fattened hyena! (#47 in a series)

Thursday, February 22nd, 2018

Very quick, because this is my CPA volunteer night and I’m down at the cop shop:

Gov. Eric Greitens of Missouri was indicted on a felony invasion of privacy charge on Thursday by grand jurors in St. Louis.

Yes. FELONY invasion of privacy. Allegedly, he took nudes of someone without consent, and then “transmitted the photo in a way that allowed it to be seen on a computer, which prosecutors said made the crime a felony rather than a misdemeanor”.

More from the Post-Dispatch:

The woman said in the recording that, during a consensual sexual encounter in Greitens’ St. Louis home in which she was bound and partly undressed, Greitens took a photo of her without her consent and threatened her with it.

Also: two! Two in one day!

ETA 2/23: Now that I’m in front of a real computer, it looks like a double-hyena day isn’t unheard of (April of 2016). But it is rare enough to be noteworthy.

I’m looking forward to my first triple flaming hyena day.

You’re going down in flames, you tax-fattened hyena! (#46 in a series)

Thursday, February 22nd, 2018

This is how out of it I’ve been: I didn’t even know Democratic state Senator Carlos Uresti was actually on trial until Mike the Musicologist texted me the verdict. (Previously on WCD.)

And that verdict?

Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty!

Texas state Sen. Carlos Uresti and co-defendant Gary Cain were found guilty on all charges in San Antonio federal court today in a criminal fraud trial that has stunned the city and state capitol.

That’s “all charges”. And what were those charges again?

As to State Sen. Carlos Uresti:
Count 1, wire fraud: Guilty
Count 2, wire fraud: Guilty
Count 3, conspiracy to commit wire fraud: Guilty
Count 4, wire fraud: Guilty
Count 5, wire fraud: Guilty
Count 6, wire fraud: Guilty
Count 8, conspiracy to launder monetary instruments: Guilty
Count 11, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 20, securities fraud: Guilty
Count 21, securities fraud: Guilty
Count 22, unregistered securities broker: Guilty

As to Gary Cain:
Count 3, conspiracy to commit wire fraud: Guilty
Count 8, conspiracy to launder monetary instruments: Guilty
Count 13, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 14, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 15, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 16, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 17, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 18, engaging in monetary transactions in property derived from specified unlawful activity: Guilty
Count 19: engaging in monetary transactions in property derived from specified unlawful activity: Guilty

Each wire fraud and conspiracy to commit wire fraud count carries a maximum penalty of 20 years in prison and $250,000 fine. The conspiracy to launder monetary charge is punishable by up to 10 years in prison and a $250,000 fine. Each securities fraud charge and the unregistered securities broker count carries a maximum of 20 years in prison and a $5 million fine. Each of Uresti’s counts also is punishable by up to three years of federal supervision to be served after release from prison.

Of course, it is highly unlikely that he’ll get 200 years in prison. My prediction: I’ll be surprised if he gets more than 10 years.

There are many beautiful words in the English language.

Tuesday, February 20th, 2018

Here are four of them:

permanently enjoined from enforcing“.

World’s Most Corrupt Police Departments.

Friday, February 16th, 2018

Coming up on the Justice Network.

(Well, they need to do something, now that those jerks have dropped the midnight Sunday “Most Shocking”.)

(Seriously, Justice Network: was anyone asking for a three hour block of “Rescue 911”? And why are you also airing another three hour block of “psychic” frauds?)

(But I digress.)

I’ve written before about the criminal Philadelphia police department. Latest development:

The Philadelphia District Attorney’s Office last year secretly compiled a list of Philadelphia police officers with a history of lying, racial bias, or brutality, in a move to block them from testifying in court.

Of course the list is secret.

The list was intended only for internal use, as a guide to determine when a potentially tainted officer’s testimony should be used. Under the office’s policy, front-line prosecutors were instructed to get top-level permission before calling such an officer. Prosecutors, according to sources, did not want to release the list out of concern for the officers’ privacy rights and the broad impact it might have on past convictions involving the officers.

As the article notes, this isn’t unheard of: Seattle is cited as an example, and I seem to recall hearing that the LA district attorney’s office had a similar list. (Edited to add: link to recent coverage of the LADA list. Additional. Denton County has a list, too.) It seems to me, though (and if there are any legal experts out there, please correct me if I’m wrong) that the places that have these lists of problem officers also have a lot of other police related issues, too.

And as a by the way, you know who created the list? Seth Williams.

(Hattip.)

I’ve been sort of negligent in covering the ongoing Baltimore Gun Trace Task Force cases. To be honest, I’ve been a little busy, things have me down, and the most recent trial got pretty widespread national coverage. (Spoiler: two detectives were convicted on Monday.)

As you would expect, now that there’s convictions, there’s also weeping and wailing from the politicians. Which usually isn’t interesting, but:

State Del. Bilal Ali of Baltimore called for disbanding the police department entirely, citing Camden, N.J., as an example where the police force was rebuilt. He said the corruption and wrongdoing highlighted in the trial is an “ongoing experience” for many residents, and have not been sufficiently addressed by the consent decree or other efforts at reforms.

(Previously on Camden.)

My first thought: if you disband the Baltimore PD, where is David Simon going to get material for season six of “The Wire”?

My second thought: if you were going to disband a police department for being corrupt and out of control, B’more would not be my first choice. In order, I think I’d take Chicago, New Orleans, and Philadelphia before Charm City.

Quick update.

Thursday, February 15th, 2018

I touched on the case of Hugh Barry and Deborah Danner a while back. Very briefly: Barry was a sergeant with the NYPD, he responded to a call about a mentally disturbed woman (Ms. Danner), she came at him with a baseball bat, he shot and killed her, and was charged with murder.

Yesterday, he was acquitted of all charges against him.

I have to say it…

Friday, February 9th, 2018

The Jaffer Drug Trafficking Organization, the San Antonio-based drug ring that Wesa was part of, distributed over 40,000 pounds of K2 to cities in Texas as well as cities in Missouri and Oklahoma, officials said.

20 tons of K2. Why, that’s a veritable mountain of K2.

Jarndyce v Jarndyce.

Monday, February 5th, 2018

Charles Dickens, call your office, please:

It seems fair to say, 11 years after James Brown’s death, that his estate planning has failed in its major mission: to distribute his wealth efficiently.
Not a penny has gone to any of the beneficiaries of his will, who include underprivileged children in Georgia and South Carolina, to whom Mr. Brown sought to donate millions, perhaps tens of millions, of dollars.

(Subject line hattip.)