Archive for the ‘Law’ Category

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.

Questions. We’ve got questions.

Wednesday, July 13th, 2016

Prompted by various things, including recent events and other people’s travels:

  1. Why did the FBI feel compelled to announce they’ve abandoned the search for D.B. Cooper?
    Is it possible they’re playing a long game here?
    “Olly olly oxen free. Come out, D.B. Cooper!”
    “Hi, I’m Dan Cooper.”
    “Hi, Dan. You’re under arrest.”
    “Hey, wait! That’s not fair! You called ‘olly olly oxen free’! No takebacks, you cheater!”
    (I would ask why they were still pursuing him after 45 years – I thought the statute of limitations would have run out long ago – but, per Wikipedia (I know, I know) there’s a John Doe indictment in absentia against Mr. Cooper.)
  2. More of a rhetorical question: I didn’t know there was a Cleveland Museum of Natural History. I don’t think I did, anyway: if I ever went, I was very young. I’ll have to make a point of going next time I’m up Cleveland way. (And it is my turn.)
  3. Speaking of the Cleveland Museum of Natural History, why is Balto, the famous Alaskan sled dog who took the diptheria serum to Nome, in the Cleveland Museum of Natural History?
    (I know what the more or less “official” answer is: Balto died in what’s now the Cleveland Zoo. And why was Balto in Cleveland in the first place? Because the children of Cleveland and the Plain Dealer collected pennies to purchase Balto and the other dogs, because they were allegedly badly treated after being sold to a “dime museum”. It just seems odd. If George Kimble had been a resident of Houston, or a graduate of UT, would Balto be in Texas now?)
  4. Have I linked to the Encyclopedia of Cleveland History before?
  5. Why doesn’t the CMNH want to return Balto to Alaska? I kind of get the idea that Alaska may have forfeited rights to Balto, given the way that he was supposedly treated. But I’m not sure I blame the state, or Balto’s first owner, for what they did. Also, it was a long time ago in another country: wouldn’t it be nice to give Balto back?
  6. Another rhetorical question: I was unaware of the Balto/Togo controversy. It wasn’t covered in the children’s book I read about the serum run when I was a lad. (In case you were wondering: Togo’s skin is in Alaska, while his skeleton is at Yale.)
  7. What’s Balto’s Bacon Number? The Oracle says 3. But I’m not convinced: if you were voiced by Kevin Bacon in an animated movie based on your life, shouldn’t that lower your Bacon number?
  8. There were three Balto movies?
  9. What was the name of that children’s book about the serum run, anyway? I know it was non-fiction, and I swear it had a blueish cover, but I can’t remember the name. I’d kind of like to find a copy.

You’re going down in flames, you tax-fattened hyena! (#32 in a series)

Tuesday, July 12th, 2016

There were rumors last week that this was coming: I wanted to wait until they became reality, but somehow I missed the report on Friday.

Corrine Brown, the House rep from the 5th District of Florida, was indicted (along with Ronnie Simmons, her chief of staff) on federal charges of mail and wire fraud.

The 24-count indictment unsealed Friday accuses the two of conspiracy, mail and wire fraud, theft of government property, filing false tax returns, concealing material facts on required financial disclosure forms and obstruction. It focuses on the charity One Door for Education, the subject of a January Times-Union report and a series of stories since.

The fact that Rep. Brown is a Democrat is never specifically mentioned, though (starting with paragraph 13) there are references to her prominent supporters in the Democratic Party.

The indictment says more than $200,000 raised for One Door was spent at events that Brown hosted or were held in her honor. The indictment mentions money spent on a luxury box for a Beyonce concert and a box for a game between the Washington Redskins and Jacksonville Jaguars.

Cheeez louise, woman. You scammed money to see a Jaguars game?

I might have considered letting this get past me, since I missed the Friday reports, but this woman apparently has an ego the size of a small planet.

Item #1:

Friends,
Last week was very rough.
Two black men were needlessly gunned down by police; 5 Dallas police officers were slain by a demented man, and on Friday I had to appear in federal court.

Item #2 (by way of Ace of Spades and Mike the Musicologist):

“These are the same agents that was not able to do a thorough investigation of [shooter Omar Mateen], and we ended up with 50 people dead,” Brown said. Mateen was shot and killed by police at the scene of the Orlando nightclub attack, bringing the total death toll to 50.
Brown’s lawyer echoed those sentiments.
“Perhaps had it chosen to devote its resources more thoughtfully, 50 innocent people would be alive today,” Elizabeth White said, according to First Coast News.

For the record, it appears Rep. Brown has historically received a grade of “F” fron the NRA.

Dallas.

Friday, July 8th, 2016

I went to bed pretty early last night (after a frustrating attempt to deal with Wells Fargo) and didn’t find out what was going on until 5 AM this morning. (Great and good friend of the blog RoadRich texted and emailed us, but we were sound asleep when things started breaking.)

I really haven’t even had a chance to look at the news yet, and don’t have any profound thoughts. But I wanted to get something up. Consider this an open thread for discussion and updates.

Dallas Morning News coverage.

Please keep in mind:

In a semi-related vein, this is an interesting thread from Reason’s “Hit and Run”. Part of my answer to this is: the author is asking this question less than 24 hours after the incident took place. All the facts were not in, and probably still are not in even now. Why should the NRA (or any other organization) be making public statements until we have all the facts?

Edited to add: Been tied up. Apologies. The reports I’m seeing now pretty much all state that the dead gunman was killed by a breaching charge attached to a police robot. The temptation is great to make Asimov jokes, but the situation is too serious, so I’ll just link to this Statesman article which quotes the “executive director of a nationally recognized police active-shooter training facility in San Marcos” as stating it was “unprecedented but perfectly legal.”

And an update.

Monday, June 27th, 2016

(Previously on WCD.)

Paul Tanaka was sentenced today.

Five years in federal prison.

Somebody bring me some water…

Monday, June 27th, 2016

Noted for the record (though I don’t think I ever did a full-blown “you’re going down in flames, you tax-fattened hyena” on this one):

The Supreme Court on Monday unanimously overturned former Virginia governor Robert F. McDonnell’s public corruption conviction and made it harder to prosecute public officials for alleged wrongdoing.

…

…Chief Justice John G. Roberts Jr. described the former governor’s actions as “tawdry” in announcing the decision from the bench.

“tawdry”. A great word. And much like “gargantuan”, the opportunity rarely comes up to use it in a sentence.

110 years ago yesterday…

Sunday, June 26th, 2016

Missed it by that much.

On June 25, 1906, Harry Kendall Thaw, professional heir and nutcase, walked up to noted architect Stanford White on the roof of Madison Square Garden (during the opening night of something called “Mam’zelle Champagne”) and shot White in the head.

NYT coverage 1. NYT coverage 2.

When I call Thaw a “nutcase”. I mean that quite literally: historical evidence seems to show that he had a long history of mental problems, and that his enormously wealthy family spent a a great deal of money covering for him. Indeed, the Thaw trial is an early (though not the first) example of the interaction between great wealth and criminal justice.

It is also claimed that Thaw’s family spent a lot of money smearing White. Specifically, Thaw’s supposed motivation for the murder was that White had “ruined” Evelyn Nesbit when she was 16. Ms. Nesbit later went on to become Thaw’s wife: she supposedly told Thaw all about her affair with White, which drove Thaw crazier than he allegedly already was…

The end result was that Thaw went through two trials. The jury hung in the first one, and found him not guilty by reason of insanity in the second one. Thaw was sent to the Matteawan asylum for several years. In 1913, he walked out of the asylum and escaped into Quebec. He was eventually extradited back to the US, where he received a new sanity hearing, was found “not guilty and no longer insane”, and was released. Shortly thereafter, he was arrested and confined again for beating a 19 year old boy. He was released in 1924 and died in 1947. Thaw obit from the NYT.

Evelyn Nesbit died in “relative obscurity” in 1967. NYT obit.

I actually had hopes and plans for doing a much longer and better post on this, but they didn’t pan out. I’ve had trouble laying my hands on the source material I wanted to find. (And I still haven’t been able to find out what gun Thaw used, alas.)

So I’m going to be a little lazy and point to:

The website for the American Experience documentary “Murder of the Century”. It does not have the film available for streaming, but it does have the transcript and background material.

The Thaw trials from Douglas Linder’s “Famous Trials” website. This is actually a website that I keep forgetting about, even though it has been around since 1995, so I’m glad to be able to bookmark it here. Professor Linder has spent the past 21 years documenting everything from the trial of Socrates through Thomas More, Aaron Burr, our old pal Big Bill Haywood, and all the way up to George Zimmerman. This isn’t the be-all end-all website for most of these trials, but it serves as a good jumping-off point if you want to do more research.

(If those NYT links don’t work for you, would you please send an email or leave a comment? I think they should work, but I’m not 100% sure.)

Random notes, philosophical asides, bookmarks, endorsements, and other things.

Tuesday, June 21st, 2016

Some things I think are interesting, some I want to bookmark, some I want to plug, something for everyone, a comedy tonight! I am going to try to put these in some kind of rough topic order…

“Introduction to GPU Password Cracking: Owning the LinkedIn Password Dump”.

I Sea, “a mobile app that claimed to help users locate refugees adrift at sea”, appears to be a complete fraud.

The developers swapped information, including screen shots of a static image and a weather tool that one person claimed was used to mislead users into thinking they were looking at live images of the sea. Others noted that the app had been coded to tell users that their login credentials were invalid.

Bonus: the NYT mentions my third favorite security blogger, @SwiftOnSecurity. (Sorry, SecuriTay, but I’ve had my photo taken with the Krebster, and I know Borepatch. Third is still good enough for a medal, if this was the Olympics.)

And it isn’t just that the coding is screwy: PopSci makes a pretty strong argument that what I Sea claims to do is physically and logistically impossible.

To provide images of 1 percent of the total area of the Mediterranean would run over $1 million. And that’s just for one set of still photos. If the app were to provide up-to-date imaging, as it claims, the images would need to be refreshed regularly, at $1 million each time. And that cost is for unprocessed data, Romeijn says. Processing will cost more, as will the licensing fees required to make those images available to the public.

And those satellites make one pass a day, so you’re not getting “real-time” imaging, no way, no how.

The Oakland PD mess, summarized. Yes, I’m linking to an anonymous person on Facebook, but much of the information in this summary has already been reported in the media: this is more of a handy round-up if you haven’t been following this mess from the start. (Hattip: Popehat on the Twitter.)

And speaking of Popehat: the guys get shirts! Women, too. I just ordered mine: not only is $23 very reasonable for a shirt these days, and not only do I like Popehat, but I think Cotton Bureau does good stuff. (You may remember them from the BatLabels “Henchman” shirts, which are back in print! Hoorah!)

Flaming hyena #32: Democratic congressman Chaka Fattah.

In addition to racketeering conspiracy, Fattah was found guilty of bribery, bank fraud, mail fraud, money laundering, making false statements to a financial institution, and falsification of records.

A bunch of other folks took the fall with him, including Herbert Vederman:

Through cash payments to the congressman’s children, college tuition payments for his au pair and $18,000 given to help purchase a vacation home in the Poconos, prosecutors said, Vederman bought Fattah’s support in seeking appointment by the Obama White House to an ambassadorship.

(Hattip on this one to Mike the Musicologist.)

Prominent (well, in Chicago, anyway) Chicago journalist Neil Steinberg decides to pull the old “look how easy it is to buy an assault rifle” trick. So he goes to a gun store…

…and they deny his purchase because he’s a drunken wife-beater. (I have seen other versions of this story that state BATF first issued a “delay”, then a “deny” (BATF doesn’t have to give a reason for “deny”), Steinberg threatened to write that they were “denying” his purchase because he was a journalist, and the gun shop then decided to point out that he was a drunken wife-beater. However, this version seems to me to be to be the best sourced, and it doesn’t mention any BATF verdict.)

But at least he had the good taste to go with a Smith and Wesson M&P 15.

You’re going down in flames, you tax-fattened hyena! (#31 in a series)

Monday, June 20th, 2016

Turning and turning in the widening gyre, the Bill de Blasio scandal continues to grow.

A while back, I wrote about the suspension of three NYPD deputy chiefs and a deputy inspector, apparently because of their links to two of Di Blasio’s fundraisers.

The other shoe dropped today:

Three New York Police Department commanders, including a deputy chief, were arrested early Monday, along with a Brooklyn businessman, on federal corruption charges stemming from one of several continuing investigations into Mayor Bill de Blasio’s campaign fund-raising, according to court papers.

The NYPD officers are:

  • Deputy Chief Michael J. Harrington
  • Deputy Inspector James M. Grant
  • and Sgt. David Villanueva

This is a little confusing for me: the NYT consistently refers to “three commanders”, but one of these guys appears to be a sergeant. Is that a commander rank in the NYPD?

Of these three, Harrington and Grant were among the officers suspended in April. Also arrested: Jeremiah Reichberg, one of the “businessmen” who has been a “generous supporter” of the mayor. Jona Rechnitz, also a “businessman”, “generous supporter”, and apparently Reichberg’s partner in the deal, has taken a plea on corruption charges and now appears to be rolling on the others involved.

The court papers in the case detail lavish gifts the two senior police officials are accused of receiving in exchange for taking official action, including expensive meals, free overseas and domestic trips, and the referral of business to a security company associated with one of the officials. The deputy inspector was also accused of receiving a trip on a private jet to Las Vegas for the Super Bowl weekend in 2013, and was said to be accompanied by a prostitute.

Hookers. Always with the hookers.

The official action taken by the senior officers included closing a traffic lane in the Lincoln Tunnel to provide a police escort for a businessman visiting the United States, dispatching police officers to the area near a jewelry business run by associates of Mr. Reichberg to disperse people handing out fliers for a rival business, and sending officers to disperse protesters in front of the business of an associate of Mr. Reichberg, according to the court papers. One of the officials also helped the men with their applications to get Police Department pistol licenses.

I’m not sure which “official” is being referenced here, but it makes a nice segue anyway: Sgt. Villanueva’s arrest appears to be related to the pistol license scheme.

Court papers unsealed on Monday also disclosed that a police officer who was involved in that scheme had previously pleaded guilty to bribery charges and was cooperating with federal authorities. In that scheme, bribes — as much as $18,000 per gun license — factored into between 100 and 150 gun licenses in recent years, according to the court papers.

$18K for a gun license. Come to Texas, guys: here there’s no license required just to own one, and it’s $140 (plus about another $140 for the required training course) for a license to carry either open or concealed. Of course, it is hot as hell here, but the upside to that is never having to shovel snow.

Obit watch: June 20, 2016.

Monday, June 20th, 2016

Donald Shea passed away last Friday at the age of 90.

Mr. Shea served for 36 years with the NYPD. He was perhaps most famous as one of the two patrol officers who captured Willie Sutton.

On that day in February 1952, he was a 26-year-old officer on patrol with a partner, Joseph J. McClellan. A 24-year-old clothing salesman, Arnold Schuster, had alerted the two officers after recognizing Mr. Sutton on the subway and following him out onto the street.

…

Both Mr. Shea and Mr. McClellan were promoted three ranks on the spot, to first-grade detectives, by Police Commissioner George P. Monaghan, who called the arrest the culmination of “one of the greatest manhunts in the history of the department.”

Mr. Schuster was famously gunned down in the street about a month after the arrest, allegedly on the orders of Albert Anastasia.

Adult supervision needed. Inquire within.

Sunday, June 19th, 2016

This one got past me earlier in the week: I was sort of avoiding media because Orlando and stupids, and the Oakland/SF papers aren’t part of my usual daily media diet anyway. And as it turns out, Peter over at Bayou Renaissance Man beat me to this as well…

So, followup, for the historical record and folks who don’t read BRM: remember the Oakland PD fired their chief, Sean Whent? So of course they appointed an interim chief.

The interim chief lasted five days.

“I have just received information that has caused me to lose confidence in Ben Fairow’s ability to lead the Oakland Police Department at this particular moment in time,” the mayor said in a statement on Wednesday, announcing Mr. Fairow’s departure. She did not elaborate on specific reasons for her decision.

I’m not trying to seem like Judgy McJudgerson here, but this might potentially be relevant to the mayor’s “loss of confidence”: Fairow apparently had “an affair with a consenting adult while married more than a decade ago”, according to the BART chief (who, by the way, has also “welcomed back” Fairow to the BART PD).

The interim chief was previously a deputy chief for BART. So they brought in a new interim chief, who was currently an Oakland PD assistant chief.

He lasted two days.

Mr. Figueroa said in a statement on Friday that he was taking leave and would return to the department as a captain.

More from SFGate:

In a move in which the mayor indicated she had lost faith in police leaders to run the department, she disclosed that she would not appoint another interim or acting chief to the top post. Instead, the department will have no chief, and for the time being command staff will report to City Administrator Sabrina Landreth as Oakland conducts a national search for a new chief.

“a national search for a new chief”. Hmmmm. Hmmmmm. Hmmmm. Gee, is there anyone we can think of that’s from California originally, has experience running a police department that’s even larger than Oakland’s, in a city much larger than Oakland, has been going through some friction with local politicians, and might be interested in a change?

Nope. Can’t think of anyone.

(Sarcasm aside, would Art, dammit, Art even be willing to take over this dumpster fire of a department?)

Followups.

Friday, June 17th, 2016

Lawrence’s backlink for my DNA lab post reminded me that I intended to link to this Grits For Breakfast post on the same subject.

More on MP Jo Cox: NYT. The Guardian (current live blog, historical live blog). Express.

According to the Southern Poverty Law Center, Mr. Mair sent about $620 to the National Alliance for items from its publishing imprint, National Vanguard Books, including works that instructed readers on the chemistry of powder and explosives. Also purchased was a copy of “Ich Kampfe,” a book published by the Nazi Party in the early 1940s.
Heidi Beirich, the director of the center’s Intelligence Project, which tracks and produces reports on extremist groups, said in an interview that it had found the invoices in a database of records it maintains.
When Mr. Mair’s name surfaced on Thursday, Ms. Beirich said, the Intelligence Project matched it with invoices in its possession. She said those records were authentic because they had been leaked by members of the National Alliance. Further, she said, she was confident the records were linked to Mr. Mair because the address on the invoices matched his home address.

You know, I dislike Nazis as much as the next guy or gal, but: does this bother anyone else? The SLPC apparently has a database of people’s book orders that was “leaked” to them? And they, in turn, are providing those records to the press?

Setting aside our individual lack of love for the Nazis, isn’t it possible that there are people on that list – students of modern day extremism, university libraries with collections of extremist literature for reference purposes, etc. – that would object to having their purchases revealed to unrelated third parties?

And where does this stop? Anyone remember the Tattered Cover case?