Archive for the ‘Law’ Category

More from the police beat.

Thursday, August 18th, 2016

Lawrence put up a post yesterday on Austin’s murder rate, which is “up nearly 80 percent from the same time last year”.

So what is the cause of Austin’s rising murder rate? Possibly just random statistical variation. Possibly the result of understaffing the police department.

I’m not totally convinced on the “understaffing the police department” argument. It kind of seems to me that the police basically come along and clean up after the murder’s already been done. Even with more cops on the street, what are the odds that one of those cops is going to run across the guy with the knife raised in time to stop him from stabbing a woman to death?

The flip side of this is the “broken windows” theory of policing: by concentrating on reducing disorder in neighborhoods, serious crime can be reduced. When disorder increases:

…many residents will think that crime, especially violent crime, is on the rise, and they will modify their behavior accordingly. They will use the streets less often, and when on the streets will stay apart from their fellows, moving with averted eyes, silent lips, and hurried steps. “Don’t get involved.” For some residents, this growing atomization will matter little, because the neighborhood is not their “home” but “the place where they live.” Their interests are elsewhere; they are cosmopolitans. But it will matter greatly to other people, whose lives derive meaning and satisfaction from local attachments rather than worldly involvement; for them, the neighborhood will cease to exist except for a few reliable friends whom they arrange to meet.

(Hattip to the Center for Evidence-Based Crime Policy for the link.)

This probably isn’t news to most of you, but I bring it up here because of a second item, from yesterday’s Statesman:

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Obit watch: August 18, 2016.

Thursday, August 18th, 2016

Arthur Hiller, noted director. (“Love Story”, “Silver Streak”, “The In-Laws”, “The Americanization of Emily”, “National Lampoon’s Pucked”.) A/V Club.

For the record: John McLaughlin. Should have noted this yesterday, but the day got past me.

John F. Timoney, a blunt Irish-born cop who could outrun crooks and quote Yeats and who, as a ranking police official in New York, Philadelphia and Miami, plotted innovative strategies that reversed years of skyrocketing crime, died on Tuesday in Miami. He was 68.

Citizen Kane.

Tuesday, August 16th, 2016

Kathleen G. Kane, the Pennsylvania attorney general whose aggressive investigation of her predecessor unleashed a chain of scandal that ended with her conviction this week on felony and conspiracy charges, said Tuesday that she is resigning.

You’re going down in flames, you tax-fattened hyena! (#33 in a series)

Tuesday, August 16th, 2016

Didn’t pick up on this until this morning. Sorry. But it did probably need some time to perk.

Kathleen Kane, the nutty paranoid anti-gun attorney general of the state of Pennsylvania:

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

A jury found Ms. Kane, 50, guilty of nine criminal charges, including perjury and criminal conspiracy, convicting her of leaking grand jury information, and then lying about it, in an effort to discredit a political rival.

More from philly.com:

Under the state constitution, Kane must resign from office by the day of her sentencing. While Kane faces a maximum sentence of 28 years, state sentencing guidelines call for a far less severe sentence for someone like her with no criminal record.

This is interesting:

“There is to be absolutely no retaliation of any kind against any witness in this case, either by your own devices, from your own mouth or your hand, or directing anybody to do anything,” the judge said. She threatened Ms. Kane, who is currently free on bail, with immediate incarceration if she failed to comply.

My first thought was that this kind of warning is unprecedented; but on second thought, I’m sure federal judges have issued this kind of warning in the past to convicted defendants. For example, members of the Crips or Bloods. Or drug gangs. Or organized crime groups. But has a federal judge ever felt compelled to issue that kind of warning to a politician? And has a politician ever done as much to merit a warning like that?

Someone once said…

Monday, August 15th, 2016

“It is morally wrong to allow a sucker to keep their money.”

From Bloomberg News by way of the News@Ycombinator Twitter: the SEC has halted trading in shares of Neuromama Ltd.

Neuromana? Surely you haven’t heard of them: they have a current valuation of $35 billion, and haven’t submitted financials since 2013.

Shares of the company, based in a beach community just south of Tijuana, Mexico, have quadrupled this year to $56.25, giving it a paper value exceeding Tesla Motors Inc., Yum! Brands Inc. and Delta Air Lines Inc.

$56.25 a share? What do they do? With a name like Neuromana, you’d think maybe brain science or something like that: perhaps a promising cure for Alzheimer’s?

Neuromama’s website says the company operates in a broad range of businesses: a search engine, licensing “heavy ion fusion technology patents,” and Cirque-du-Soleil-style performances in Tijuana, to name just a few.

Cirque du Soleil sold 90% of the company to a group of equity firms last year for $1.5 billion. So a company that stages Cirque du Soleil knockoffs in Tijuana (“the happiest place on Earth!”) is worth $35 billion? But wait: they’ve also got a search engine! And “heavy ion fusion technology patents” whatever the hell those are (if they’re even valid patents).

“We’re in an industry that has high valuations,” Zubkis said in a telephone interview Monday, citing the company’s social network and oceanfront property.

Did he just say “social network” and “oceanfront property” with a straight face?

“Zubkis” is Steven Zubkis, who has his own “colorful” history. But for that, you’ll need to give Bloomberg their click: make sure to turn on your ad blocker first.

Memo from the police beat.

Friday, August 12th, 2016

There are a couple of ongoing stories in the news, two of them locally. Both of those two had significant developments today (in other words, “Let’s break this news on Friday afternoon and see if it gets lost over the weekend.”)

First story: You may recall the controversy back in April where our city manager, Marc Ott, accused the police chief of insubordination and fined him five days of pay?

Looks like we know who won that battle.

Austin City Manager Marc Ott, the most powerful man at City Hall, is leaving his post for a prestigious job running a Washington, D.C., association.

Last month, the council gave him a $22,000 raise, bumping his pay and benefits to $361,000 annually. His predecessor at the management association made $478,000 in 2013, the group’s tax returns show.

At least, we know who won for the moment. It will be interesting to see how the replacement process plays out, and how much deference (if any) the incoming city manager will be expected to show to the APD and the chief.

Also worth pointing out is what may have been Ott’s final “F— you” to the APD. There was a recent report (the “Matrix Report”) that called for increasing the number of police officers.

Additionally, the report also calls for the department to create positions for 66 officers and eight corporals beyond what has already been authorized, and to add an average 17 new officer positions over the next four years. Finally, the report calls for adding four officers to the Motorcycle Unit.

So that’s 78 sworn officers over and above the current authorized staffing level, which APD is still about 100 officers short of. What did the City Manager and his team ask for in the current budget?

Currently, the city has taken a phased approach to increasing staffing at APD in FY 2017. Included in the City Manager’s proposed FY 2017 budget are 12 new sworn positions and 21 new civilian positions to transition existing sworn employees back to patrol activities.

Twelve. To quote our great and good friend RoadRich: “‘But first let me deny you most of the required staff to protect the city… and then I shall leave you to your fates. Suckahs.'”

(Another problem which I would like to get into, but the margins of this post are too small to contain: there’s also talk of converting the district representative positions, which are currently sworn officers, into civilian positions.)

Next:

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Obit watch: August 6, 2016.

Saturday, August 6th, 2016

Joaquin Jackson passed away June 15 of this year. I did not learn of his death until I flipped through this month’s Texas Monthly at the grocery store today, and I’m not sure how I missed that. Brief tribute from TM. Statesman.

For those folks unfamiliar with Mr. Jackson, he served for 27 years as a Texas Ranger, from 1966 to 1993. His time as a Ranger spanned what I’d call the end of the old Texas and the beginning of the new Texas; the evolution from horses and cattle to technology. He retired in 1993, ostensibly because of his discomfort at changes taking place in the Rangers organization. (However, he states in one of his books that his reasons were actually more complex and personal than that.)

In 1994, he appeared on the cover of Texas Monthly as part of an article on the changes taking place in the Rangers. The cover made him an icon. He went on to do some private investigation work, and appeared in several movies.

Jackson was a member of the governing board of the National Rifle Association, once getting into hot water over remarks he made about assault weapons.
“I personally believe a weapon should never have over, as far as a civilian, a five-round capacity,” he told then-Texas Monthly editor Evan Smith in 2005. “If you’re a hunter, if you’re going to go hunting with a weapon, you shouldn’t need over but one round. So five rounds would be plenty. … Personally, I think assault weapons basically … need to be in the hands of the military and in the hands of the police.”
He later backpedaled from the remarks, claiming that he was talking only about fully automatic weapons and not about semiautomatic rifles.

I remember that controversy, and I’m convinced Jackson knew exactly what he was saying at the time and was covering his butt later. (If you doubt he knew the difference between fully automatic weapons and semi-automatic weapons, read Chapter 6 of One Ranger and then try to tell me otherwise.)

He also wrote two books. One Ranger is a damn fine book. I try to snap up firsts of this every time I find them, as I am convinced this will be seen as an important Texas book in the coming years. The sequel, One Ranger Returns, had a different co-author and is not quite as good, in my humble opinion. (There are some interesting things in it; mostly background from his family.)

In spite of my disagreement with him, I would have enjoyed meeting him and shaking his hand. I missed the chance, sadly: he appeared a few times as the Texas Book Festival, but I was never able to get down there on those weekends.

His passing leaves a hole that can’t be filled.

Mayors gone wild!

Friday, August 5th, 2016

The mayor of Stockton, California, was arrested Thursday and charged with felony eavesdropping, among other misdemeanor charges, related to a strip poker game that he allegedly played with teenage counselors at a camp for economically disadvantaged kids last year, according to prosecutors in neighboring Amador County.

In October 2015, Silva was detained at San Francisco International Airport upon his return from China, where Department of Homeland Security officials demanded that he hand over his electronic devices, including the passwords. He seemingly complied with their requests, but he publicly objected to how the matter was handled.

Would you like to take a guess what organization Mayor Silva belongs to? Ding ding ding! Yes, Criminal Mayors Against Guns is the correct answer.

silva

Screen snapshot, just in case this goes down the memory hole.

Meanwhile, in Virginia, the mayor of Fairfax City has been arrested in a meth-for-sex scheme:

Richard “Scott” Silverthorne, 50, was arrested as part of an undercover operation by police, authorities announced Friday. The scheme involved offers of meth in exchange for group sexual encounters with men, police allege.
Before his arrest Thursday, police claim Silverthorne provided the drug to undercover detectives at the Crowne Plaza Hotel in Tysons Corner.

In fairness to Mayor Silverthorne, while meth is a hell of a drug, he does not appear to be a member of Crooked Mayors Against Civil Rights. At least, he’s not currently listed on that website…

Edited to add 8/6: Well, he wasn’t listed on the website when I checked yesterday. But, according to Uncle, he does appear to be a Bloombergian shill.

Random notes: August 1, 2016.

Monday, August 1st, 2016

I’ve observed that sometimes the NYT will run nice obituaries for people who weren’t famous – the type of person whose passing would usually escape the paper of record’s notice, except that they were a community figure in their neighborhood or something very much like that.

The man who lost his voice was a gentle man who didn’t ask terribly much of life. He lived in a miniature space in a single-room-occupancy residence on the corner of 74th Street and Third Avenue in Manhattan, above J. G. Melon, the popular restaurant and bar known for succulent hamburgers. And he was a New York story.

Another nice story from the NYT: Shannon Beydler and Kevin Hillery were married July 3rd. Ms. Beydler is a judicial clerk and a first lieutenant in the Marine Corps Inactive Ready Reserve. Mr. Hillery attended the Naval Academy.

But in the spring of 2011, during an off-road adventure race with three friends in the Shenandoah Valley of Virginia, a storm blew in as he was biking down a hill; a tree hit his head and rolled down his back, crushing his spine. Mr. Hillery was airlifted to Charlottesville, Va., where he underwent surgery.
During months of rehabilitation, he wondered if he would ever be able to get back to the Naval Academy. Less than a year later, Mr. Hillery did just that, graduating with his class — the first paraplegic to do so in the school’s 170-year history.

See also, by way of Instapundit: “Can the New York Times Weddings Section Be Justified?”

Ace of Spades had a sidebar link over the weekend to the semi-finalists in the Texas State Fair fair food competition.

“Bacon Wrapped Pork Belly on a Stick”? Isn’t that just bacon-wrapped bacon on a stick? “Buffalo Chicken Jalapeno Poppers”? Can’t you get those at Chili’s? “Injectable Great Balls of BBQ”? Don’t know, don’t want to know, don’t believe the word “injectable” should ever be used with a food item. “Deep Fried Bacon Burger Dog Sliders on a Stick”? “Loaded Bacon Mashed Potato Egg Roll”? Okay, now these people are just stringing random words together; those last two sound like something that was auto-generated by a Perl script.

Historical note: today is the 50th anniversary of the UT Tower shootings. I haven’t written much about that, and won’t: other people have done it better, and this year’s anniversary is even more politically fraught than usual. (Today is also the day that the university’s new rules on campus concealed carry take effect.)

I haven’t gone through this, and am not sure if a login is required (or if you can get away with private browsing), but here’s the Statesman‘s 50th anniversary coverage. Noted: A Sniper in the Tower: The Charles Whitman Murders by Gary Lavergne (the definitive book on the shootings) is available in a Kindle edition.

Obit watch: July 27, 2016.

Wednesday, July 27th, 2016

Youree Dell Harris.

You know her better by her alias, “Miss Cleo“, fraudulent telephone psychic.

In 2002, The Seattle Post-Intelligencer published an investigation that revealed she had a list of aliases and a longer list of former colleagues on the local theater scene who said they had been cheated out of money and questioned her Jamaican background.

In 2002, the Psychic Readers Network and Access Resource Services were the subject of a federal lawsuit that ordered the companies to forgive $500 million in customer fees. The networks agreed to stop selling their services over the phone, and, according to the Federal Trade Commission, the companies agreed to pay a $5 million fine.

Art (Acevedo), damn it! watch. (#AA of a series)

Tuesday, July 19th, 2016
Blogger, with occasional chief.

Blogger, with occasional chief.

This reminds me that I owe you guys a longer post on the Citizen’s Police Academy: thoughts on the academy itself, and the aftermath. I’ve had that stewing for a while now, but various things have gotten in the way.

Memo from the sentencing desk.

Tuesday, July 19th, 2016

Remember Christopher Correa, the St. Louis Cardinals “director of baseball development” who plead guilty to hacking the Houston Astros player database? (Previously.)

46 months in prison. $279,038 in restitution.

In other news, Former LA County Sheriff Lee Baca was supposed to be sentenced yesterday. The former sheriff, as you may recall, plead guilty to lying to federal investigators. He had agreed to take a plea, and the prosecution, in turn, had agreed to seek a sentence somewhere between probation and a maximum of six months in prison.

Yesterday, the judge in the case threw out the plea agreement.

Six months in prison for the man who ran the Sheriff’s Department “would not address the gross abuse of the public’s trust … including the need to restore the public’s trust in law enforcement and the criminal justice system,” Anderson said.

Baca must now choose among several unappealing options. He could go ahead with the sentencing and accept whatever punishment Anderson has in mind. He could withdraw his guilty plea and go to trial, taking his chances with whatever charges the government might decide to bring. He could negotiate a new deal with federal prosecutors for a longer sentence that the judge would find more acceptable.

Former sheriff Baca has also been diagnosed as having Alzheimer’s disease, which may be one reason why the prosecution was so willing to agree to a relatively light sentence; if his condition gets worse, he may not be competent to participate in his defense, which could result in any trial being delayed.

Easier for a teenager…

Thursday, July 14th, 2016

Mike the Musicologist and I found ourselves at a Barnes and Noble the other day. (Criterion Collection 50% off sale through August 1st. You’re welcome.)

For various reasons, we were flipping through the new Dana Loesch book, Flyover Nation: You Can’t Run a Country You’ve Never Been To. The jacket contains this rather pithy line:

Coastals think they understand firearms because they watched a TV movie about Columbine. Fly- overs get a deer rifle for their thirteenth birthday.

Both of us got a chuckle out of that, since we couldn’t think of anyone we knew who got a deer rifle for their thirteenth birthday. (I think I was 13 when I got my .22, but it was for Christmas. And for my readers who are not people of the gun, a .22 is way underpowered for deer. I want to say my sister’s boys were 16 and 14 when they got a deer rifle, but I’m not sure that technically qualifies as “theirs” as much as it is “Dad paid for it and loaned it to them so they could go on a youth hunting trip.”)

Anyway, I thought of that when I read this Statesman story:

Dylan Owens got his first gun when he was 12. It was a .30-30 deer rifle that cost $200, and his father taught him to shoot it. He said all the sights were “canted,” meaning the piece used to aim at targets was bent out of alignment.

Mr. Owens is now a deputy with the Bastrop County Sheriff’s office. And he just won a gold medal in the precision/sniper rifle category at the 2016 Texas Police Games.

Owens said he drove to San Angelo on a Tuesday after work, with his Mark 12 special-purpose rifle and no air conditioning. He slept about two hours the night before his competition, when he went in and shot at 1-inch laser points on a human silhouette, in a timed, 20-shot course aimed at precision. He was positioned 100 to 200 meters from his targets.
On a regular day at his ranch in La Grange, he can hit from 600 meters.
Owens also took home a third place prize in patrol rifle, a five-hour course where he ran from bay to bay shooting enemy targets and avoiding friendly fire.

Cool story. Cool guy. I’d love to meet him somewhere with air conditioning and buy him a couple/three frosty beverages of his choice.

From the police blotter.

Thursday, July 14th, 2016

This story has everything: fire, an explosion, strippers (“Willow” and “Breonna”), and a potato.

A 19-year-old Connecticut woman was arrested Tuesday on charges of second-degree arson, third-degree burglary and first-degree criminal mischief for allegedly setting fire to two businesses in September.

The resulting blast was so powerful it knocked Martin through the door, prompting Garguilo to describe it “just like in the movies,” the Courant reported. They fled, only to circle back and watch the fire.

Yes, I’m going to make you click through to the WP if you want to find out how the potato came into play. Hint: Martin is the stripper, Garguilo is the boyfriend (she’s 19, he’s 28: isn’t love grand?) and neither one is terribly bright.

A small update.

Wednesday, July 13th, 2016

I have previously written about the strange case of Carolyn Barnes, the local lawyer who was accused of shooting at a census worker, sent to the state mental hospital (where she continued to represent at least one client), was later ruled competent to stand trial, tried, convicted of aggravated assault with a deadly weapon, and sentenced to three years in prison.

Ms. Barnes is out of prison now (she got credit for time served before the trial), but was appealing her conviction.

The Texas 3rd Court of Appeals has turned down her appeal.