Archive for the ‘Law’ Category

Random notes: June 11, 2016.

Saturday, June 11th, 2016

This is shaping up to be a busy weekend, but I have a little bit of time this morning and wanted to make note of one major and one minor story.

Major story: the Austin Police Department has temporarily suspended DNA testing at their lab.

This is the same lab that RoadRich and I toured as part of our CPA class; they may have been blowing smoke, but one of the things that stood out to us was how seriously the APD lab took their certifications, and how much effort they put into getting things right.

So what’s going on? It looks like three things:

1) Unspecified concerns raised by the Texas Forensic Science Commission.

Police officials, who were working Friday to determine how best to proceed, said the commission raised concerns about calculations and formulas the lab was using in conducting DNA analysis, but said they didn’t know specifics.

Officials had already scaled back lab operations in recent weeks — its staff were only screening evidence for DNA but were no longer doing analysis — and asked state forensic experts to evaluate the lab’s operation amid concerns about its operations.
Gay said Friday that he hasn’t received a formal notification from the state about the outcome of the experts’ inquiry, but that, based on phone conversations, “there are some challenges in front of us”.

2) There’s also a leadership gap. Apparently, the civilian lab supervisor (who goes unnamed in the Statesman) recently passed away, and had been out on leave for a while before that.

3) I’m a little confused by this part, and would love to find an “explain like I’m 5” piece on it: apparently, the Feds have issued new standards for doing DNA probability calculations, and a lot of labs – not just Austin – are struggling to implement them. This is something that was specifically mentioned as an issue on our tour:

FBI officials last year notified crime labs across the country that they were using outdated methods to examine samples containing genetic material from multiple people — methods that often led expert witnesses to greatly overstate the reliability of that evidence in court.
The use of outdated protocols to interpret test results means an expert witness might have told jurors that the chances are 1 in more than a billion that the genetic material in question belonged to someone other than the defendant, when those odds are more like 1 in 100.

So the lab has to go through and do a bunch of recalculation on a bunch of existing cases (around 1,300). And that apparently requires things like software updates (which I gather aren’t as simple as “download a .ZIPed EXE file and run it” when you’re dealing with forensic gear) and additional new training for the people doing the work.

All of this is going to take time: they’re speculating four to six months. In the meantime, DNA samples are going to be sent either to private labs or the Texas DPS lab for analysis.

…the lab’s backlog of cases awaiting DNA analysis has risen to about 1,300, the most in the past five years.

Minor story:

First reported by the Tampa Bay Times, Special Operations Command, or SOCOM, posted a “sources sought” solicitation for non-standard weapons on a federal contracting site early last month. In April, the command posted a similar notice for non-standard weapon ammunition. The term “non standard” is used for weapons not frequently employed by the United States or its NATO allies.

What kind of “non-standard” weapons and ammo? AK-47s. Yes, WP, yes, journalist’s guide to firearm identification, but it seems like this is for real AK-47s:

SOCOM’s solicitation includes weapons such as the iconic “AK-47″ rifle, a catchall designator for Kalashnikov-variant rifles designed to fire a certain type of ammunition and often identified by their distinctive curved magazines. Other weapons include the SVD, a unique looking sniper rifle that has likely killed thousands of U.S. troops since it was first introduced in the years leading up to the Vietnam War. Additionally, Russian medium and heavy machine guns as well as 14.5mm aircraft guns are included in the notice.

This makes sense, in a way. As the article explains, we’re arming foreign troops, but giving them distinctively US-made weapons (like the M4) puts a target on their back: “Although likely more accurate than their Soviet-style counterparts, U.S. weapons can make the fighters carrying them targets for other factions.” Plus: “U.S. weapons can also be difficult to maintain,” (Really?!) “prompting Special Operations Command and the CIA to procure and supply weapons that their allies are used to fighting with, such as Kalashnikovs.”

The thing that makes me wonder about this story: I’m sure we’ve all heard (I’ve even linked to) stories about secret CIA/SOCOM warehouses filled to the rafters with captured AK-47s intended to arm foreign troops while maintaining plausible deniability. So why does SOCOM need contracts to produce new ones? Are the warehouses running low? Are the ones in the warehouses poorly made or shot to heck, and SOCOM thinks they’re better off getting new ones that are assembled to tighter tolerances? (Sort of a Smith and Wesson vs. Taurus comparison, but for AK’s? Okay, that was a cheap shot.)

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

Thursday, June 9th, 2016

I was hoping to have something else to put here. Maybe that will be #AA, or #AB.

But I digress. Remember a few weeks ago, when I commented, “…in my experience so far with the Citizen’s Police Academy, the rank-and-file seem to love the guy.”

Here’s the flip side of that:

A total of 883 police officers — representing more than half of the department’s officers — participated in the survey released Thursday. Four hundred and eighty respondents — or 54.5 percent — described morale at the department as “poor.”

I quibble slightly with the Statesman‘s headline, “Survey: More than half of Austin police officers say morale is poor”. If memory serves, the authorized strength of the APD is just over 1,800 officers, and they told our CPA class they were about 100 officers short. They did give an exact figure: it was in the 1,700 range, but I don’t remember exactly what, and it has certainly fluctuated some since then. Point being: 883 officers is just over half of the department, and that’s just the number that responded to the survey. The actual number that described morale as “poor” – 480 – is more like 28% of the department, not half.

Continuing:

…90 percent of officers surveyed said that staffing shortages are affecting the department’s “ability to do its job effectively.” To make up for a shortage of patrol officers, the Austin police command instituted a rotation that is pulling detectives and nonpatrol officers away from their typical duties to fill vacant patrol shifts.

With all due respect to the fine men and women of the APD, and with the understanding that police work is different from technical support, this doesn’t sound too much different from my job. I’d prefer to have time to work on my existing cases instead of taking new phone calls. But if we’re shorthanded and there’s not enough people in the phone queue, guess what? My preferences don’t matter. And the city has some major issues right now, including a serial sexual assaulter and rock throwers on the interstate. I don’t blame the chief for wanting butts in the field.

Lower-ranking officers feel shut out of the decision-making process, Austin police union President Ken Casaday said, adding that there have been some recent improvements since the survey was conducted May 11-13.

See. Above. And yes, there probably are times when higher-ranking officers make stupid hasty decisions: I can’t think of ones from the APD, but The Onion Field is a classic example.

The survey also indicated that more than half of the officers surveyed believe Police Chief Art Acevedo is often politically driven in high-profile disciplinary cases, isn’t honest and relies on fear and retaliation in managing the department.

Note that it was the APD police union that ran the survey.

Followups.

Thursday, June 9th, 2016

Theresa Saldana: NYT. A/V Club.

Lawrence was kind enough to throw me a backlink and add some additional context to the Jana Duty story. Latest update: even though Duty will be out after the election, “Williamson County business leaders” are demanding that she resign now. In addition to her troubles with the State Bar, the people demanding her resignation are claiming she’s pretty much stopped showing up for work:

Justice of the Peace Bill Gravell also spoke at the news conference and said that Duty “has largely been absent from her post.”
“This makes doing my job as a judge in the community more challenging and very difficult to serve the people of Williamson County effectively,” Gravell said.

And Mike the Musicologist sent me a link to a CNN story about Rear Admiral Robert Gilbeau pleading guilty to one count of “making a false statement to investigators”.

Two things about that story:

1) Rear Admiral Gilbeau’s plea is related to the ongoing investigation into the “Fat Leonard” scandal.

2) Linked it before, I’ll link it again: “Really, seriously, just shut the fuck up.”

You’re going down in flames, you tax-fattened hyena! (#30 in a series)

Wednesday, June 8th, 2016

I’ve written previously about the growing scandal involving New York City mayor Bill de Blasio and his fund raising.

Latest, and semi-breaking news: two more people have been arrested and charged with fraud.

One of them is a “hedge-fund financier”.

The other one? Norman Seabrook, also known as the head of the Correction Officers’ Benevolent Association. The COBA is the union that represents New York City’s corrections officers (about 9,000 members).

But wait! It gets better! One of the people the feds have targeted is now a cooperating witness!

The charges, brought by prosecutors in the office of Preet Bharara, the United States attorney for the Southern District of New York, involve Mr. Seabrook’s investment of $20 million from his union and its annuity fund in Platinum Partners through Mr. Huberfeld [the hedge-fund guy – DB], and Mr. Huberfeld’s payment of a kickback to the union leader, according to the criminal complaint unsealed on Wednesday morning.

More:

Mr. Rechnitz [the cooperating witness – DB] delivered the payoff to the union leader in an $820 Ferragamo bag bought specifically for that purpose. He laid out the cash, according to the complaint, and was repaid by Platinum through a scheme that disguised the reimbursement as payment for Knicks tickets — two $3,750 seats at eight games.

It amuses me enormously that they had to buy a designer bag specifically for their payoffs. Also, the Knicks tickets must have been a major clue: who’s going to pay $7,500 to watch the hapless Knickerbockers play?

Annals of law (#10 in a series)

Wednesday, June 8th, 2016

Two sort of random notes:

1. Jana Duty, the elected district attorney of Williamson County (Williamson County is just up the road from Austin/Travis County: it covers Round Rock and Georgetown) has been placed “on probation” by the State Bar of Texas for 18 months.

Duty will still be able to practice law but will have to comply with the terms of her probation.

Why? “Professional misconduct”. Specifically, Ms. Duty was accused of withholding evidence in a murder case.

“It is unknown to the court why Ms. Duty intentionally and willfully withheld the means to view time stamps on the Walmart Surveillance video other than from Ms. Duty’s statement that “(defense counsel) acted so horribly to me during the first trial, that I just — I didn’t want to speak to them,’” the court document said.

Here’s the Wilco DA’s website. I find that quote from Article 2.01 deeply ironic.

2. On Monday, a judge for the Texas Criminal Court of Appeals ruled that Sonia Cacy was innocent of murder.

Ms. Cacy was sentenced to 99 years in prison in 1993: she allegedly doused her uncle with “an accelerant” and set him on fire.

Except there were problems with the evidence.

During at punishment retrial in 1996, her new attorney enlisted Dr. Gerald Hurst, the late Cambridge-educated chemist from Austin, to evaluate the forensic evidence that clinched conviction against her. Hurst discovered that the original tests, conducted by Joe Castorena of the Bexar County Forensics Lab, had been completely misread. The results didn’t find the indicators of an accelerant as he claimed. Castorena, a toxicologist by training, had in fact identified the products of pyrolysis—compounds created by burning plastic, which in many ways are similar to those of an accelerant.

Lots of problems:

…Castorena, the toxicologist, admitted in a letter to her [Cacy’s – DB] counsel, Dallas lawyer Gary Udashen, that the clothing samples he’d tested had been contaminated in either the morgue or the lab. Thus, his baffling reasoning went, anyone who didn’t know about the contamination couldn’t accurately interpret the results. Asked why he never reported this, Castorena replied, “nobody asked me.”

The full court has to concur before Ms. Cacy is officially exonerated, but as the TM article notes, that almost seems to be a formality now.

Obit watch: June 8, 2016.

Wednesday, June 8th, 2016

The LAT is reporting the death of actress Theresa Saldana.

She was in “Raging Bull” (which, oddly enough, I have never gotten around to watching) and the 90’s TV series “The Commish”.

It makes me feel weird to say this, but: she was perhaps best known as the victim of a vicious attack by a deranged stalker in 1982. She was stabbed 10 times before a passerby pulled the guy off her. I don’t want to say this was the first celebrity stalking attack, because I’m sure someone will prove me wrong: but it was one of the earliest I can remember, and one of the first to draw public attention. (Ms. Saldana played herself in “Victims for Victims: The Theresa Saldana Story”, the movie based on her case.)

[Arthur R.] Jackson [the deranged stalker – DB] was convicted of attempted murder and held in California state prison until being released in 1996 and deported to the U.K., where he was committed in 1997 to a psychiatric institution after pleading guilty to killing a man 30 years earlier. Jackson died in 2004.

You know what Germany needs?

Friday, May 27th, 2016

Strict anti-tank rocket launcher control.

I hate to be all WP all the time, but I did want to make note of this too, if for no other reason than: the Baader-Meinhof Gang is back, baby!

Hey hey hey, it’s Fat…Leonard?

Friday, May 27th, 2016

Leonard Glenn Francis ran Glenn Defense Marine Asia. His company specialized in providing services to US Navy warships (things like fuel, food, water, and sewage disposal) and was quite successful at it.

How did he do this?

In perhaps the worst national-security breach of its kind to hit the Navy since the end of the Cold War, Francis doled out sex and money to a shocking number of people in uniform who fed him classified material about U.S. warship and submarine movements. Some also leaked him confidential contracting information and even files about active law enforcement investigations into his company.

The company forged invoices, falsified quotes and ran kickback schemes. It created ghost subcontractors and fake port authorities to fool the Navy into paying for services it never received.

So far, four Navy officers, an enlisted sailor and a senior agent with the Naval Criminal Investigative Service (NCIS) have pleaded guilty to federal crimes and are already behind bars or are facing prison time. So have Francis and two other Glenn Defense executives.

There are claims that over 200 other people are “subjects” of the ongoing investigation.

In December, Adm. John Richardson, the chief of naval operations, summoned about 200 admirals to a special gathering in Washington.
Without naming names, he revealed that about 30 of them were under criminal investigation by the Justice Department or ethical scrutiny by the Navy for their connections to Francis, according to two senior Navy officials with direct knowledge of the meeting.

Select sailors would be invited to an extravagant banquet, featuring cognac and whiskey, Cohiba cigars from Cuba, and platters of Spanish suckling pig and Kobe beef. Francis would sometimes fly in a band of pole dancers, which he called his Elite Thai SEAL Team, for X-rated shows, court records show.

Strippers. Always with the strippers. The only thing missing from this story is blow:

“Can u set up some clean, disease free wome[n]when I am there?” Simpkins emailed. A few days later, he added: “Whats the plan to meet up and maybe do some honeys?”
“Honeys and bunnys,” Francis replied, confirming the date.

There’s even a rogue NCIS agent.

“The man who seduced the 7th Fleet” from the WP.

On the dropping of shoes.

Thursday, May 26th, 2016

I have avoided writing about this for the past few days because there were a lot of rumors and “unconfirmed reports” floating around that claimed to be true, but were denied by the university.

Now I feel like I can write about this, because we finally have an official statement from Baylor University:

Art Briles out as football coach.

Ken Starr out as university president:

Starr remains the Louise L. Morrison Chair of Constitutional Law in Baylor’s Law School and has agreed in principle to serve as Chancellor on terms that are still being discussed.

Both ESPN and the Statesman report that while Starr is staying on, he will have “no operational duties at the university”.

All of this is fallout from a major scandal: basically, several people, including one Baylor athlete, stated they were sexually assaulted by other athletes (mostly football players, though “a former tennis player is the lone suspect in a sexual assault case that has been active for more than eight months”), and that the university responded badly:

Other former Baylor students have spoken to the Tribune-Herald about how the university mishandled their complaints, including one who claimed a Baylor police officer blamed her for being raped.

More: Statesman. ESPN. Timeline of events, also from ESPN.

Inverted Jenny watch.

Tuesday, May 24th, 2016

Missed this over the weekend, but Mom caught it: thanks, Mom!

Inverted Jenny #76 may appear at the World Stamp Show 2016, which starts next Saturday.

Or it may not.

#76 is significant because it was part of a block of four Inverted Jennies that were stolen from a stamp show in 1955. It appears that the block was split up: one of the stamps was found in 1958, a second one in 1982, and #76 showed up recently at an auction house. The American Philatelic Research Library wants to display it at the show (they claim ownership) but since the stamp is stolen property, there’s complicated legal wrangling involved.

In case you are interested, there’s another Inverted Jenny (#58) coming up for auction May 31st.

The estimates for No. 58 range from $525,000 to $1.6 million.

Historical note, of questionable suitability for use in schools.

Monday, May 23rd, 2016

Today is the anniversary of Bonnie and Clyde’s death.

I would otherwise have missed it, were it not for this (Warning! Slideshow!) article in the HouChron (Warning! Slideshow!).

While the photos are worthwhile, I’m kind of annoyed by the captions: some them, and the article, refer to the ambush taking place today, while other captions refer to it taking place May 24th. Wikipedia (I know, I know) backs up the May 23rd date, as does Jeff Guinn (from what I’m able to tell).

There’s one photo in particular that I like in that slideshow: the one of Alcorn, Hinton, Gault, and Hamer (number 19).

And I was hoping that I could visit the shooting site when I’m in Louisiana in a few weeks, but I sat down and did the math: sadly, it’s over three hours each way from Baton Rouge to Gibsland, and that’s just not going to work this trip.

(I know I’ve mentioned it before, but Go Down Together still gets an unqualified endorsement from me.)

Obit watch and playing catch up: May 21, 2016.

Saturday, May 21st, 2016

Alan Young.

Yesterday was kind of a busy day. There were multiple things that I intended to make note of, but I got stuck into something I can’t discuss right now, and…well….anyway:

Morley Safer, for the historical record.

San Francisco police chief “resigns” “at the request of Mayor Ed Lee”. I think we can call this one a “firing”.

The precipitating incident here seems to have been the SFPD shooting of a woman in a possibly stolen vehicle: she fled from the officers and crashed into the back of a truck.

The car crashed into a utility truck a short distance away. Although no weapon was found on the woman and the car was wedged under the truck, a police sergeant fired a single shot, killing her, police said.

It sounds at first like there was a bit of a rush to judgement on this: the shooting took place Thursday morning, and Suhr was canned Thursday afternoon. But as the linked SFGate article notes, this wasn’t the first problem under Suhr’s administration: there had been two previous controversial shootings, plus a scandal over “racist and homophobic text messages”.

Great and good friend of the blog and occasional guest poster RoadRich sent a series of thoughtful comments yesterday on the Suhr firing: I’m hoping he’ll let me post those as a guest post, but I didn’t get a chance to ask him yesterday because of [redacted] and he’s busy today.

In other California news, remember Maywood? How could you forget the nearly broke municipality of Maywood, “the second-smallest city in Los Angeles County”?

But that didn’t stop municipal leaders from granting themselves, the city treasurer and the city clerk $250 monthly mileage stipends.
If Maywood used the Internal Revenue Service’s suggested reimbursement rate for business travel of 54 cents a mile, city officials would need to drive 463 miles a month to reach the $250 mark.

More:

Councilman Ricardo Villarreal said he didn’t think twice about voting in favor of the monthly stipends because he thought the roughly $550 a month they get for serving as council members didn’t cover other costs like meals with other officials and mileage.

I wonder if the councilman and other officials are eating at Tacos Los Desvelados.

Turning our attention to Austin:

Albert “Matt” Arevalo was fired in September after being charged with DWI last May. Arevalo was stopped after driving 91 mph in a 55 mph zone, and his blood alcohol content was more than twice the legal limit, police said.

Mr. Arevalo was an officer with the Austin Police Department. Given that knowledge, would you care to guess what happened next? Yes: he got his job back!

The arbitrator mandated that Arevalo should only serve a 180-day suspension and receive back pay for any days over that period, said Austin police union president Ken Casaday in a letter members of the Austin Police Association.

I know sometimes you wanna let go…

Friday, May 20th, 2016

Me and my people:

Somewhat related: APD homicide detective Kerry Scanlon is retiring today.

Detective Kerry Scanlon has spent 26 years at APD, 14 of those years as a homicide detective. He’s investigated more than 500 deaths, 50 of them determined to be homicides.

I think this is a pretty good story (and I’m not just saying that because Nadia Galindo was one of our CPA classmates).

“A homicide detective needs to be somebody that has curiosity,” he said. “[Someone] that gets the challenge and accepts the challenge.”

Detective Scanlon came down and spoke to our CPA class. He came across to me as a pretty good guy. (I’m a little biased: he gave me a spiffy APD Homicide coffee mug because I was able to articulate the difference between homicide and murder.) I hope he enjoys a long and happy retirement.

Been through the desert…

Thursday, May 19th, 2016
Blogger, with occasional horse.

Blogger, with occasional horse.

Quickies.

Tuesday, May 17th, 2016

Well, baseball season’s finally gotten underway with the ceremonial throwing out of the first manager.

Fredi Gonzalez out as manager of the Braves. The team was 9-28 so far this year; he was 434-413 overall while with the Braves.

The grand jury has decided not to indict former APD officer Geoffrey Freeman, who you may remember better as the officer who shot and killed a naked 17-year-old male. (Previously.)

Obit watch: Guy Clark, noted Texas musician.

Edited to add 5/18: More Guy Clark. NYT. South Texas Pistolero. A/V Club.