Archive for the ‘Law’ Category

Quickies: October 26, 2017.

Thursday, October 26th, 2017

NYT coverage of the Suffolk County prosecutor indictments, mentioned yesterday.

This is a bit weirder than I expected at first glance. A heroin addict was breaking into cars. One of the cars he broke into was the police chief’s.

From the vehicle, Mr. Loeb stole a duffel bag that contained cigars, pornographic DVDs and sex toys.

Now, perhaps this is victim blaming, but I really can’t see why you’d leave your porno DVDs and sex toys in the car unattended. But I digress. The chief found the heroin addict and beat the crap out of him.

Four years later, after an investigation by federal agents, Mr. Burke [the chief – DB] pleaded guilty to having beaten Mr. Loeb after he was arrested and shackled to the floor of a police station. Last year Mr. Burke was sentenced to 46 months in federal prison for assaulting Mr. Loeb and for trying to orchestrate a cover-up of what had happened.

The charges against the DA, Thomas J. Spota, and his “top anti-corruption prosecutor”, Christopher McPartland, stem from this cover-up:

Federal prosecutors accused them of holding a series of meetings and phone conversations with Mr. Burke and other police officers in which they agreed to conceal Mr. Burke’s role in the assault and to impede the federal investigation.

Everyone knows I’m not a baseball fan. Related to that: I don’t understand baseball. Maybe Borepatch or someone else who’s smart can explain this to me: Joe Girardi out as Yankees manager.

They were in the playoffs, for crying out loud. They almost went to the World Series. What more did they want out of Girardi, and why are people saying it was time for him to go? (See also: Boston.)

Remember the mayor of Lakeway, Joe “John Smart” Bain? (Previously on WCD.)
He was fined $500 by the Texas Ethics Commission and had to pick up the garbage.

The commission, which met Sept. 27 to consider the complaint, considered four posts written by “John Smart” and concluded there was credible evidence that Bain intended to “injure a candidate or influence the result of an election” while misrepresenting the source of the communications, a violation of the election code.
The mayor also did not mark the post containing explicit advocacy as political advertising, another code violation, the commission said. And finally, it said, evidence indicates Bain violated ethics code when he misrepresented his own identity in campaign communications or political advertising.

Random notes from the legal beat.

Wednesday, October 25th, 2017

Andrew M. Cuomo, the corrupt governor of the state of New York, has vetoed knife law reform. Again.

“In so doing, the Legislature has gone far beyond the innocent laborers carrying these knives for legitimate purposes and has grossly disregarded the concerns of law enforcement,” he wrote.

“the concerns of law enforcement”. Would this, by any chance, be the same law enforcement that says it is okay to have sex with an 18-year-old woman who is under arrest and in custody because “it was consensual”?

Speaking of having sex with teenage girls, a judge in Oakland dismissed conspiracy and bribery charges against a former Oakland PD officer.

Walterhouse faced two felony counts of conspiracy to obstruct justice after he was accused of tipping off a prostitute to an undercover FBI sting operation on International Boulevard on Oct. 13-14, 2016. The stings included finding suspects and victims of child sex-trafficking.

…

But Judge Murphy said the information Walterhouse offered was unsolicited advice and said it seemed like a “puppy love situation.” Walterhouse was infatuated with her, the judge said, and perhaps offered the information because he wanted to have sex with her.

Brad Heath, a reporter for USA Today, is tweeting that the DA for Suffolk County, NY, has been indicted for obstructing a federal civil rights investigation.

Fizzle.

Monday, October 23rd, 2017

Travis County prosecutors dropped all of the remaining charges against longtime state Rep. Dawnna Dukes on Monday, court filings show.

I expect longer, more detailed stories tomorrow morning. In the meantime, quoted without comment:

Travis County District Attorney Margaret Moore pinned the prosecution’s collapse on conflicting statements given by a top official in the Texas House, who told prosecutors that travel to the Capitol was required to earn the per-diem payments but recanted that position in a statement to Dukes’s lawyers.

On the importance of having a good backup strategy.

Thursday, October 19th, 2017

I’m shocked that Borepatch and ASM826 aren’t on this like flies on a severed cow’s head at a Damien Hirst exhibition. But apparently it falls to me, as the ex-backup guy.

A non-profit organization in NYC called Bronx Defenders wants to study the NYPD’s asset forfeiture records. They filed a request for this information (under New York’s Freedom of Information law) in 2014, and litigation is ongoing.

The latest revelation? Not only is the NYPD saying they don’t have the technical capability to pull the data Bronx Defenders wants…

New York City is one power surge away from losing all of the data police have on millions of dollars in unclaimed forfeitures, a city attorney admitted to a flabbergasted judge on Tuesday.

More from Ars Technica:

…an attorney for the city told a Manhattan judge on October 17 that part of the reason the NYPD can’t comply with such requests is that the department’s evidence database has no backup. If the database servers that power NYPD’s Property and Evidence Tracking System (PETS)—designed and installed by Capgemini under a $25.5 million contract between 2009 and 2012—were to fail, all data on stored evidence would simply cease to exist.

…

When it was activated in 2012, Capgemini vaunted PETS—which was built using SAP’s enterprise resource planning (ERP) software platform as well as IBM DB2 databases—as a flagship public sector project. The company went as far as submitting PETS as a nominee for the 2012 Computerworld Honors awards. But the system was apparently designed without any scheme for backing up the database or any sort of data warehouse to perform analytics on the data.

Adding to this, the NYPD now actually disputes that the PETS database runs on DB2:

Neil tells me our whole argument is that the NYPD’s database is not an IBM database so he definitely didn’t say that NYPD personnel said “the database is in IBM.” He says he was referring the Petitioner’s expert, not any NYPD personnel. The “He” would be Robert Pesner, the Petitioner’s expert, not NYPD personnel.

Okay. So it doesn’t run on DB2. What the frack does it run on, and why are there still no backups?

(It looks to me like both Backup Exec and Commvault have DB2 agents. But I’ve been out of the business for a while, and can’t tell if those have been deprecated.)

Edited to add: Now the NYPD is saying that PETS is backed up:

Contrary to some published reports suggesting that NYPD does not electronically back up the data in its Property and Evidence Tracking System (PETS), all such data is backed up continuously in multiple data centers.

Which, I guess, is good for the NYPD. But as Ars points out, it isn’t consistent with the statement in court that there are no backups of the forfeiture database, unless that database isn’t stored in PETS after all. That seems like the more likely explanation, but it raises the questions: where is it stored, why isn’t it backed up, and why is the NYPD so secretive about those first two questions?

Firings watch.

Thursday, October 19th, 2017

Tom Jurich, athletic director at Louisville, was officially fired yesterday.

He joins Rick Pitino, who was officially fired “for cause” on Monday.

Mr. Pitino, of course, denies that he knew anything about payments to athletes. Even better: he’s suing Adidas. The discovery process in that lawsuit should be interesting.

In other news, another APD officer has been fired. Interestingly, his firing was for “insubordination”: specifically, he didn’t show up for interviews with Internal Affairs.

And why was he being interviewed by IA? He’s been charged with making false statements about his wife and her eligibility to receive SSI. (Previouly.)

According to the Statesman, he and his lawyer said they wouldn’t do interviews with IA until the criminal case was resolved. The rules say: you can’t do that. You have to come in and answer IA questions, or you get canned. Whatever information IA gets can’t be used against you in a criminal case; it can only be used for internal discipline. (This is why officers are required to submit to IA questioning. This is also why some things, like officer-involved shootings, are investigated both by IA and the Special Investigations Unit: SIU handles any possible criminal aspect of the case, can seek charges if warranted, and the subject has the standard legal protections. IA investigates internally: the union contract says officers have to answer IA questions, but any information gathered can’t be used to build a criminal case.)

Anyway, IA said “this won’t be used in the criminal case”, the lawyer apparently said, “okay”, and they still didn’t show up. Twice. Which makes it “you’re fired, do not pass ‘Go’, do not collect $200” territory.

From the legal beat.

Thursday, October 12th, 2017

Two quick notes:

1) Remember our old friends Detective Jeff Payne and Lt. James Tracy? The guys who arrested a nurse for refusing to let them draw blood from an unconscious patient without a warrant?

Detective Payne has been fired. Lt. Tracy has been demoted to “police officer III”.

“In examining your conduct,” Brown wrote to Payne, “I am deeply troubled by your lack of sound professional judgment and your discourteous, disrespectful, and unwarranted behavior, which unnecessarily escalated a situation that could and should have been resolved in a manner far different from the course of action you chose to pursue.”
Brown was similarly critical of Tracy, saying his lack of judgment and leadership was “unacceptable,” and, “as a result, I no longer believe that you can retain a leadership position in the Department.”

Both men have five days to appeal the decision. The criminal investigation into their actions is ongoing.

(Hattip: Reason‘s “Hit and Run”, and Patrick Nonwhite on the Twitters.)

2) The Travis County DA has dropped one of the 13 felony charges against Dawnna Dukes.

Apparently, one of the analysts with the Texas DPS crime lab “examined the wrong date” when looking at Ms. Dukes’s travel activity, leading to “a felony count that erroneously stated Dukes turned in a falsified voucher for Dec. 22, 2013.”

It is unclear how prosecutors, DPS investigators and Texas Rangers failed to notice these holes in the case during an investigation that spanned more than 18 months.

Obit watch: October 9, 2017.

Monday, October 9th, 2017

Two obits from the past few days that I find sadder than usual:

Connie Hawkins. As a young man, he was a basketball prodigy.

Even as a playground legend, Hawkins had the jaw-dropping flash that superstars like Elgin Baylor, Julius Erving and Michael Jordan would display, turning pro basketball into a national sports spectacular.
“He was Julius before Julius, he was Elgin before Elgin, he was Michael before Michael,” the longtime college and pro coach Larry Brown once said in an ESPN documentary on Hawkins. “He was simply the greatest individual player I have ever seen.”

But he was banned from college ball and the NBA in 1961.

College basketball at the time was engulfed in its second point-shaving scandal after players had received money from gamblers to affect the final score of games. Hawkins was questioned by the New York City authorities about possible connections with one of the fixers, but he was never accused of wrongdoing.

He played with the ABA and the Globetrotters for a while.

Hawkins’s path to the N.B.A. was buoyed in part by a 1969 article in Life magazine by David Wolf. “Evidence recently uncovered,” Mr. Wolf wrote, “indicates that Connie Hawkins never knowingly associated with gamblers, that he never introduced a player to a fixer, and that the only damaging statements about his involvement were made by Hawkins himself — as a terrified, semiliterate teenager who thought he’d go to jail unless he said what the D.A.’s detectives pressed him to say.”
On Hawkins’s behalf, Roslyn Litman, a civil liberties activist, along with her husband and law partner, S. David Litman, and another lawyer, Howard Specter, sued the N.B.A. on antitrust grounds, arguing that the league had in effect illegally barred Hawkins and deprived him of the “opportunity to earn a livelihood.”
They won. The league paid Hawkins a settlement of nearly $1.3 million and dropped the ban. Hawkins joined the N.B.A. in 1969 and became an instant star with the Suns.

He played seven seasons in the NBA, was a four-time all star with the Suns, and was named to the Hall of Fame in 1992.

John Thompson.

Mr. Thompson was arrested in 1985 and charged with carjacking and an unrelated murder.

After being sentenced to 49 years in prison for the carjacking that he insisted he did not commit, Mr. Thompson was convicted of murder and received the death penalty.

He spent 14 years on death row in Angola.

Just 30 days before his scheduled execution, a private investigator hired by his lawyers stumbled upon a forgotten microfiche.
The film included images of a laboratory report that had been received by the district attorney two days before Mr. Thompson’s trial was to begin. The report categorically undermined the prosecution’s case, revealing that the blood type of whoever committed the carjacking did not match Mr. Thompson’s.
Moreover, in a deathbed confession, a former assistant prosecutor admitted he had deliberately hidden the blood evidence from Mr. Thompson’s trial lawyers.
After tests confirmed that Mr. Thompson’s blood type and DNA did not match the perpetrator’s, his robbery conviction was overturned. In 2002, the murder verdict was reversed. A year later, he was retried and acquitted after the jury deliberated for 35 minutes.

Mr. Thompson was awarded $14 million for his wrongful conviction.

But in 2011, an ideologically split United States Supreme Court ruled 5 to 4 that Mr. Thompson was not entitled to damages after all.
Justice Ruth Bader Ginsburg, who dissented, said at least five prosecutors had been complicit in violating Mr. Thompson’s constitutional rights because “they kept from him, year upon year, evidence vital to his defense.”
But Justice Clarence Thomas, writing for the majority, said Mr. Thompson had not demonstrated that the office of District Attorney Harry Connick Sr. (father of the singer) had systematically withheld exculpatory evidence, particularly from black defendants, or had not trained his assistants sufficiently.
“The role of a prosecutor,” Justice Thomas wrote, “is to see that justice is done. By their own admission, the prosecutors who tried Thompson’s armed robbery case failed to carry out this responsibility.
“But the only issue before us,” he added, “is whether Connick, as the policy maker for the district attorney’s office, was deliberately indifferent to the need to train the attorneys under his authority.”

Obit watch: September 29, 2017.

Friday, September 29th, 2017

Sergeant Gary Christenberry of the Austin Police Department passed away earlier today.

Sergeant Christenberry was severely burned in an off-duty accident at his home two weeks ago: his death was a result of those injuries. He’d been on the force for 24 years.

Lady Lucan, long suffering wife of the late Lord Lucan.

This may ring a bell for some of you, as I’ve touched on the Lucan case before. Briefly: one night in November of 1974, Lord Lucan allegedly beat his children’s nanny to death, having mistaken the nanny for Lady Lucan. When Lady Lucan came downstairs to see what was going on, Lord Lucan tried to beat her to death as well. She disarmed him, he asked for a glass of water, they spoke briefly, he drove off, she ran to a nearby pub for help…

…and Lord Lucan hasn’t been seen since. Everyone seems to assume he’s dead. He’d be 82 if he was still alive, so there’s a possibility…

Holy crap!

Tuesday, September 26th, 2017

This is a developing story.

Earlier today, the United States attorney for the Southern District of New York announced indictments against 10 people on assorted bribery, fraud, and corruption charges.

The twist? Four of those people are college basketball assistant coaches, and at least one is a high-ranking executive at a shoe company.

The investigation has revealed “numerous instances” of bribes paid by athlete advisers, and others, to assistant coaches and sometimes directly to student-athletes at N.C.A.A. Division I universities, the complaint said. The bribes were designed to get commitments from college stars to work with specific agents and companies after they turned professional, or to convince coveted high schoolers to attend specific universities.

More:

One of the three indictments charges five people with wire fraud and money laundering in a scheme to pay high school athletes to attend particular universities…
The indictment says about $100,000 was to be paid to the family of “Player-10,” a heavily recruited high school all-American, to steer him to a particular college. It says contemporary news accounts described his college decision, announced this past June, as a surprise. Payments were arranged for other players’ families as well, the indictment says, including one who had not yet begun his junior year of high school.

I’m leaving out the names, even though they are in the linked NYT article, because innocent until proven guilty. Plus, this is the Southern District, which sometimes (in my opinion) pulls some questionable stunts.

But I kind of doubt they would have indicted this many people, especially assistant coaches, without some sort of evidence.

The indictments did not implicate any head coaches, perhaps for reasons explained by one of the defendants in an audio recording of a secret meeting. According to a transcript of comments by the prospective agent, Christian Dawkins, the path to securing commitments from college athletes was through assistant coaches, because head coaches “ain’t willing to [take bribes], cause they’re making too much money. And it’s too risky.”

Edited to add: “What you need to know about the FBI’s NCAA basketball investigation” from the Entertainment and Sports Programming Network’s website.

I love that little sting at the end.

Obit watch: September 25, 2017.

Monday, September 25th, 2017

Edgar H. Smith Jr. descended into Hell on March 20th of this year. He did so in obscurity, as his death was not noticed until Sunday.

On the night of March 4, 1957, a 15-year old girl named Victoria Zielinski disappeared near her home in Ramsey, New Jersey. Her body was found the next day in a sand pit.

She had been bludgeoned with a rock and a baseball bat, resulting in “a total crushing of the skull,” as an autopsy report put it. Her clothes were in disarray, though she had not been raped.

Mr. Smith came under suspicion. The authorities found bloodstains in his car and on his pants and shoes.

Taken into custody and questioned for hours without a lawyer present, Mr. Smith confessed. This was nine years before the Supreme Court’s Miranda ruling requiring that the police warn suspects of their right to remain silent and to have a lawyer present during questioning.
At his trial, he testified that his confession had resulted from coercion and exhaustion. He said he had picked up the girl and driven her to the sand pit, where they began to argue, and that he struck her, drawing blood. But he insisted that he had left her alive, with a friend who had driven up a few minutes later.

Mr. Smith was convicted of first-degree murder and sentenced to death. While awaiting his sentence, he taught himself law and began filing appeals. He also wrote a book, “Brief Against Death”, which was published in 1968.

His case also came to the attention of William F. Buckley Jr. Buckley came to believe the prosecution’s case had “damning weaknesses” and started promoting Mr. Smith’s innocence.

In 1968, the United States Supreme Court ordered the United States Court of Appeals for the Third Circuit to reconsider its decision to deny Mr. Smith a hearing on the validity of his confession. Finally, on May 14, 1971, a Third Circuit judge ruled after a hearing that the confession had indeed been coerced, and that the prisoner must be freed if prosecutors did not retry him.

The state felt their case was even weaker without the confession, so they made a deal with Mr. Smith:

On Dec. 6, 1971, Mr. Smith was allowed to plead no contest to a reduced charge of second-degree murder and was sentenced to the time he had already served. During the court proceeding he said he had killed Victoria Zielinski, but after leaving the courthouse he declared that he had uttered the words only to put his long ordeal behind him. (He had been on death row longer than any other United States prisoner up to that time.)

After he got out of prison, Mr. Smith moved to California.

On Oct. 1, 1976, he abducted a 33-year-old San Diego woman and stabbed her as she struggled to escape his car. Bystanders noted the license plate number, leading the police to Mr. Smith’s apartment. By that time, he had fled to the East. But he decided to turn himself in and flew to Las Vegas, where he was arrested by F.B.I. agents. Mr. Buckley helped arrange the surrender and later expressed regret at having championed Mr. Smith’s cause.
In a nonjury trial, Mr. Smith was convicted of attempted murder and other crimes and sentenced to life in prison.

But wait, there’s more:

During the trial, he admitted that he had, in fact, killed Victoria Zielinski. He said he had struck her in the car after she resisted his advances, chased her when she ran away and hit her with the bat. Then, he said, “I picked up a very large rock and hit her on the head with it.”

I swear that I’ve read a long essay by Mr. Buckley about the Smith case, his involvement in it, and his regrets over what happened. But I don’t remember where that essay was…

Noted.

Thursday, September 21st, 2017

Court paperwork filed Tuesday said an armed good Samaritan stopped an attack on a runner on a popular trail near Rainey Street last week.

…

Another jogger who was carrying a flashlight and a handgun heard the victim scream and ran over to help.
The affidavit said the jogger told police he shined his light in the direction of the screams and saw the victim on her back and the attacker on his left side on top of the victim.
The jogger pointed his gun at the suspect and demanded he get off the victim. The attacker stood up and was naked from the waist down, the affidavit said.

From the flaming hyenas news desk…

Wednesday, September 20th, 2017

Some of you may recall my entry the other day about the Travis County DA’s decision to suspend pursuing felony charges against State Representative Dawana Dukes.

Now we have some clarity on the reasoning behind that decision.

The guy who runs the House Business Office (which I guess is responsible for things like cutting checks for expenses and reimbursement) apparently told Ms. Dukes’s lawyers that “his office does not require a House member to travel to the Capitol building in order to receive per diem payments when the Legislature is not in session.” Illegally collecting those payments, when she wasn’t present in the Capital, was part of the case against her.

Gee, that seems like a bad screwup by the Travis County DA. Why wouldn’t they have checked on something like that before filing charges?

Answer: they did. And were told something completely different. By the same guy.

Prosecutors said they learned about Adrian’s contradictory statement when they visited with him two weeks ago to prepare for trial. In a sworn affidavit, he had told Dukes’ legal team that she did not need to be at the Capitol to qualify for reimbursement because House District 46, which she represents, is within 50 miles of the building.
Adrian said the House personnel manual did not expressly require a representative to travel to the Capitol building to receive payments. The implication is Dukes would still have been eligible for reimbursement if she was performing legislative duties from another location in Austin.

That seems like an…interesting…interpretation.

A former Dukes staffer told the Statesman last year that the lawmaker did not travel to the Capitol for all of the days that she claimed but directed her staff to prepare the forms as if she did.
Dukes, according to the grand jury indictment, did make “a false entry in a government record, and present and use said government record with knowledge of its falsity, by instructing her staff to add a false entry to her State of Texas Travel Voucher Form.”

So, basically, it seems like the argument is: it doesn’t matter, because she was close enough for government work. Good to know.

But in the meantime, the DA’s office did a new filing outlining some of the other “extraneous acts” they plan to bring up at the misdemeanor trial, which starts in October. A couple of selected high points:

According to the filing, Dukes paid an online psychic $51,348 from December 2014 to January 2016, totaling nearly $1,000 per week.

Responded to a search warrant for her cellphone by providing investigators a phone that did not match the identification number on the phone they had requested.

Was noticeably impaired while trying to perform legislative duties at the Capitol and showed up late to a House Appropriations Committee hearing on March 29, stating, “I know I’m talking a lot. I’m full of morphine and will be headed out of here soon.”

Redemption.

Friday, September 15th, 2017

I’ve been thinking a lot recently about redemption. What does it mean to be redeemed? Who decides when you’ve redeemed yourself? Can some people never be redeemed?

I will tell you now, I’m not sure that I have any answers. So I’m going to put a jump here: if you don’t want to read my meandering, you’re welcome to skip over it and go read “TMQ Watch” or “Gratuitous Gun Porn” or even the flaming hyenas entries. I won’t hold it against you.

(more…)

Flaming hyenas watch.

Friday, September 15th, 2017

Sorry about the delay: this news broke last night while I was downtown at the cop shop and couldn’t blog.

The Travis County district attorney will not pursue, at least for now, the most serious charges against state Rep. Dawnna Dukes, saying prosecutors have renewed their investigation into the travel vouchers at the heart of the 13 felony counts the Austin Democrat is facing.

The DA is still prosecuting two misdemeanor charges “relating to allegations of her using legislative staffers for personal gain”. The charges the DA is not pursuing at this time are felonies related to misuse of travel vouchers.

I don’t quite know what to make of this.

District Attorney Margaret Moore confirmed to the American-Statesman on Thursday that prosecutors have obtained new information relating to the vouchers, which Dukes is accused of falsifying for financial gain. But Moore declined to elaborate on what the new information is.
“The district attorney’s office recently received new, unexpected information pertinent to that case and the new information has created a need for further investigation by this office and the Texas Rangers,” Moore said.

“New information”. Is it exculpatory? It seems to me that if there was exculpatory evidence, Ms. Dukes and her legal team would have offered it in her defense a long damn time ago, as well as spreading it to every media outlet they could find.

If it’s not exculpatory, is the DA playing hardball again, trying to get her to take a plea? “Look, we’ve got new leads. We’re turning the Rangers loose again. Take a plea now, resign, and we drop charges. Otherwise, we’re going to dig up even more dirt and you can spend the next 28 years experiencing the joy of busting rocks.”

I don’t have any idea, and I don’t think anyone outside of the highest levels of the DA’s office does either. Buy popcorn futures.

Obit watch and random notes: September 14, 2017.

Thursday, September 14th, 2017

Obit watch: Pete Domenici, former Senator from New Mexico.

Long, but kind of fascinating, NYT article about the hunt for test models of the Avro Arrow.

For those of you who are not Canadian, the Avro Arrow was a legendary Canadian jet fighter project of the 1950s. It was pretty cutting edge for the time, but the project was cancelled in 1959.

In the decades since the program was abruptly dropped, the Arrow’s story has become one of Canada’s greatest bits of folklore, and not just among the military or aviation buffs sometimes known as Arrowheads.

The Smithsonian’s Air and Space magazine ran a good article about the Arrow some time ago, but I can’t find it on their website or in Google. Sigh.

Full internal affairs reports on Payne and Tracy, obtained by The Salt Lake Tribune through a public records request, found both officers violated five policies: conduct unbecoming of an officer; courtesy in public contacts; a policy that states misdemeanor citations should be used instead of arrest ”whenever possible”; violation of the department’s law enforcement code of ethics; and a city-mandated standards of conduct policy.

Remember, folks: that’s Detective Jeff Payne and Lt. James Tracy of the Salt Lake City Police Department. Detective Jeff Payne also failed to file a “use of force” report, which is another policy violation.

Investigators wrote Payne’s conduct was ”inappropriate, unreasonable, unwarranted, discourteous, disrespectful, and has brought significant disrepute on both you as a Police Officer and on the Department as a whole.
“You demonstrated extremely poor professional judgment (especially for an officer with 27 years of experience), which calls into question your ability to effectively serve the public and the Department in a manner that inspires the requisite trust, respect, and confidence,” the report adds.

And as for Lt. James Tracy:

Investigators took a similarly critical view of Tracy’s actions. They noted Wubbels had told them in an interview that she felt Tracy was “ultimately responsible for this incident.”
“[Y]our conduct, including both giving Det. Payne the order to arrest Ms. Wubbels and your subsequent telephone discussions with Hospital administrators, was discourteous and damages the positive working relationships the Department has worked hard to establish with the Hospital and other health care providers,” the report states.

And more:

The report says neither Tracy nor Payne fully understood current blood draw laws or hospital policies, and — unlike the nurse, Wubbels — they did not seek legal clarification from the department’s attorneys or other sources.
It also outlines how Payne visibly “lost control of his emotions” and his “self-control” over the course of the incident — yet no other law enforcement officers at the scene, including those from Salt Lake City and the University of Utah, thought to intervene.

And to think that I saw it on Mulberry Street.