Archive for the ‘Law’ Category

Interesting times (part 2).

Thursday, March 24th, 2016

Great and good friend of the blog RoadRich is taking the CPA class with me. Actually, the whole thing was his idea, so now you know who to blame for the blog posts.

And as far as blaming people for blog posts, he also sent a thoughtful reply to the use of force post. I liked it enough that I asked him for permission to use it here, which he granted. What follows after the jump are his comments, with a few personal asides edited out.

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Interesting times (part 1).

Thursday, March 24th, 2016

Earlier this week, I wrote about the Austin Police Department, use of force policies, and the officer who was fired for shooting a naked unarmed 17-year old male.

I have two followups to that.

Austin has an organization called the Office of the Police Monitor. This is an organization independent of the APD; the basic idea is that they serve as a civilian oversight organization for the police. They’re the ones who issued that report on stops and searches I touched on a while back.

Part of what they do is monitor Internal Affairs investigations, and make recommendations as they see fit. You might correctly guess that they were involved in the shooting investigation.

The Stateman published a story late yesterday afternoon about one of the OPM’s recommendations as a result of this incident: they want a trainer at the police academy reassigned.

Yes, a trainer. Why? I’m going to put a break here because this is running long…

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Random notes: March 23, 2016.

Wednesday, March 23rd, 2016

Let’s play a little game: fill in the blank in this headline. (No fair peeking.)

New York Police Increase Patrols Around 20 Clubs to Combat [Blank] Violence

Did you say “gun”? Bzzzzzt! Sorry. Understandable, but wrong. We were looking for “knife”. “Knife”.

Police officials said on Tuesday that they would increase enforcement around 20 bars and clubs in New York City with a disproportionate share of the stabbings and slashings that have resulted in a surge in knife violence this year.

I just like pointing out the use of “knife violence” here.

And speaking of things I just want to point out:

The plan called for establishing a site where people could legally shoot heroin — something that does not exist anywhere in the United States.

“There’s never been a paper bag for drugs…until now.”

Sourdough starter!

Some people name their starters: William Butler Yeast, Herman, Sarah, Sky Pilot, Ms. Tippity, Eleanor, Roxanne.

I have to admit, “William Butler Yeast” is clever.

The latest additions to the National Recording Registry came out today.

A few random notes:

  • You can find the W.H. Stepp version of “Bonaparte’s Retreat” on YouTube if you want to compare and contrast to Copland.
  • I rather like the note on Mahler’s Symphony No. 9, putting it into the context of 1938.
  • I want to hear those two “Destination Freedom” episodes. I haven’t had a chance to go looking for them yet.
  • Dixie McCall for the win!
  • Yeah, I can accept both versions of “Mack the Knife”. You know who did a really good version of that song? Sting, believe it or not, with Dominc Muldowney on the Lost in the Stars: The Music of Kurt Weill album, which does not appear to be available digitally.
  • As everyone knows, I am not a basketball fan, but I do acknowledge the significance of Wilt Chamberlain.
  • Damn, “Mama Tried” is a great song.
  • I have to agree Carlin belongs on this list, if for no other reason than the legal significance of the “Seven Dirty Words” routine.
  • “I Will Survive” is a good song, but I prefer the Cake version. (I also prefer girls with a short skirt and a long jacket.)
  • One of my coworkers and I have been joking back and forth about how metal I am. This is how metal I am: I’ve never heard “Master of Puppets”. Perhaps I need to fix that.

Use of force, Luke.

Monday, March 21st, 2016

How much force can police use?

The first answer to that question probably ought to be another question, “Under what circumstances?”

For example, if someone’s passively resisting – just goes limp, doesn’t fight back – should a police officer whip out his issue sidearm and kill them? Perhaps if the officer is a member of the Chicago Police Department (where apparently officers can get away with anything) but in a normal police department, such behavior will get you fired and criminally charged.

Is this okay?

Is it okay to shoot an unarmed, naked, 17-year-old male? Is it okay to pepper-spray someone in the back of a police van? These last two questions are ones the city of Austin has been dealing with recently.

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Short random notes: March 18, 2016.

Friday, March 18th, 2016

I absolutely hate the BuzzFeed inspired headline on this story. But the story itself is worth reading:

Twenty-seven years ago, on a drug raid conducted by an elite special operations team with the same county police department, Sommers had shot and killed his best friend, a fellow squad member named Mark Murphy. In the days afterward, one of the few people who could reach Sommers, locked away in private torment, was another officer who had also accidentally killed another cop.
And now Sommers was being asked by his friend to do the same thing for the officer who had killed Colson — just as he has done for cops across the country who have suddenly found themselves at the center of unfathomable circumstances.

Obit watch: James Sheldon has passed away at the age of 95. The name didn’t ring a bell with me, but wow, what a career:

Mr. Sheldon directed episodes of some 100 series in virtually every genre, including classic episodes of “The Twilight Zone” (among them “I Sing the Body Electric” and “A Penny for Your Thoughts”), 44 episodes of the hit series “The Millionaire” and a full season of “The Bing Crosby Show,” a short-lived family sitcom.

Larry Drake. You know, I remember being fond of “L.A. Law” when it was first running; I wonder how it holds up today.

Obit watch: March 17, 2016.

Thursday, March 17th, 2016

Frank Sinatra Jr.

Later that year Frank Jr.’s name was in headlines nationwide when he was kidnapped at gunpoint from a casino in Nevada. He was freed, unharmed, a little more than two days later, after his father paid $240,000 in ransom.

Three men, Barry Worthington Keenan, Joseph Clyde Amsler and John William Irwin, were convicted of the kidnapping, despite defense lawyers’ claim that it had been a publicity stunt. “The criminals invented a story that the whole thing was phony,” Mr. Sinatra said in an interview with The Guardian in 2012. “That was the stigma put on me.”

Apparently, Barry Keenan was involved in a project to build a casino in downtown Austin? How did I miss that?

Police now give you no break…

Wednesday, March 16th, 2016

During stops that resulted in a citation or an arrest, African-Americans had a 1 in 6 chance of being searched in the same type of stops, which was the same rate since 2012. Hispanics had a 1 in 9 chance of being searched, which also was the same rate from the previous two years, the report found. Whites had a 1 in 22 chance of being searched.

I wanted to take note of this story, and the complete report from the Office of the Police Monitor.

Chief of Staff Manley, who is quoted extensively in the Statesman report, addressed our Citizen’s Police Academy class last week and spent about 30 minutes going over the report. I feel comfortable saying that pretty much everything he told us, as far as APD’s response to the report, made it into the Statesman‘s article. But I’m glad to get the OPM’s side, too.

(A representative from the OPM did address our CPA class, and I think the CPA deserves some credit for having him there. However, his presentation came the week before the OPM report was released.)

There are some things that Chief Manley said in his presentation that bother me a bit, but I’m having trouble articulating exactly why; this may be the subject of a longer post later, along with one I’m trying to write about “response to resistance”.

(As we all know, resistance is a) futile, and II) voltage/current.)

The past is another country.

Friday, March 4th, 2016

They did things differently there.

The San Francisco Chronicle used to give out firearms as subscription premiums.

I am well pleased with the gun, as it is all that is represented to be. I did not expect to get a $100 gun for $13.50.

You could also get a Colt rifle plus a one-year subscription to the paper for $14.50. (“$15 of 1887 dollars would be worth: $362.50 in 2015.”)

Peter Hartlaub for the win:

We were like Leland Yee, but with more follow-through.

(Hattip: Jimbo.)

Uncle quickie.

Wednesday, February 24th, 2016

One more quick Leland “Uncle” Yee thought that I didn’t have time for in the previous entry:

Sen. Patricia Bates (R-Laguna Niguel) said Wednesday that the Yee case shows the need for stronger controls of campaign financing. She has introduced a bill aimed at closing a loophole in campaign finance law that was exploited by Yee. Her measure would extend contribution limits that apply to candidates’ campaigns to also apply to ballot measure committees formed by elected officials.

“Today’s sentencing of a former elected official underscores the need to close campaign finance loopholes wherever they exist,” Bates said in a statement. “My bill will help restore the spirit of the Political Reform Act of 1974 that sought to end the culture of corruption that many believe is pervasive in politics.”

Yes, folks, you read that correctly. Campaign finance reform is the only thing standing between you and your elected state senator smuggling guns to Islamic terrorists and rebel groups in the Philippines.

You’re going down in flames, you tax-fattened hyena! (#27 in a series)

Wednesday, February 24th, 2016

Convicted former California Democratic State Senator Leland “Uncle” Yee was sentenced today.

As you may recall, convicted former California Democratic State Senator Leland “Uncle” Yee pled guilty to one count of racketeering:

Yee admitted in a plea deal that he was part of a racketeering conspiracy that involved exchanging official acts for money, conspiring to traffic in weapons and money laundering. Specifically, Lee promised an undercover FBI agent favors in return for campaign contributions.

And what did he get for all this?

Five years in prison and a $20,000 fine. He’s also apparently going to have to give up $33,000, at least some of which will come out of his political campaign accounts.

During the hourlong proceedings, Yee asked the court for leniency in light of his public humiliation, his wife’s severe illness, his admissions of wrongdoing and his past record of public service.

Speaking of “his past record of public service”, as a convicted felon, convicted former California Democratic State Senator Leland “Uncle” Yee, who was a prominent advocate of gun control and received an award from the Brady Campaign, will no longer be allowed to own firearms. Legally, anyway.

Edited to add: more from the SF Examiner.

Keith Jackson, a political consultant and former San Francisco school board president who pleaded guilty to the same racketeering conspiracy charge as Yee, was also sentenced Wednesday to nine years in prison.

According to the same article, Raymond “Shrimp Boy” Chow’s sentencing is scheduled for March 23rd.

SFGate:

He then sentenced Jackson’s son Brandon to 4 1/2 years in prison, and sports agent Marlon Sullivan to 5 1/2 years, for separate racketeering charges. Both men admitted plotting with undercover agents, who posed as criminals, to deal drugs and firearms and take part in the murder-for-hire scheme.

Breyer told Yee on Wednesday that his willingness to traffic in guns, while publicly trumpeting his support for gun control, was “inexplicable … hypocritical … the most venal thing and the most dangerous thing you’ve done.”

Notes on historical notes.

Wednesday, February 24th, 2016

We’re coming up on at least two significant anniversaries this year.

One of those is the 100th birthday of John D. MacDonald on July 24th. I plan to write more about this closer to the event. In the meantime, here are a couple of links I like:

From the “National Post”: “Sunbelt Baroque: How John D. MacDonald invented a subgenre that’s no longer his own”.

(Well, of course it’s no longer his own. He died almost 30 years ago.)

Stephen King’s Sarasota Herald-Tribune essay about MacDonald. I think Big Steve and I first encountered John D. at about the same age. This may explain some things.

(I really wish the Herald-Tribune would make it easier to find these columns. It looks like this link will bring them up, along with some unrelated stuff.)

And the other significant anniversary? June 25th will mark the 110th anniversary of the murder of Stanford White by Harry Kendall Thaw. That’s something I want to write more about as well, but it needs research. I’d appreciate book recommendations, if folks have them.

(You know, you would think you could find this on the Internet, but I’ve had no luck: what was the weapon Thaw used? The only description I’ve been able to find is that it was a “pistol”.)

(Teaser.)

Random notes: February 22, 2016.

Monday, February 22nd, 2016

Two from the NYT:

Save the endangered Long Island skeet!

Harper Lee was a big fan of Opus. Yes, the penguin, from “Bloom County”.

Mr. Breathed could barely believe what he was reading: “How ironic is that here, she is desperately upset that I’m letting my character die for her when millions around the world, for generations, have been upset that she let her characters end?” he said, referring to Ms. Lee’s never publishing another book until the contentious release of “Go Set a Watchman” last year.

Borepatch left a most gracious note on the last obit watch, which was much appreciated. I’ve been feeling like all I do is write obit watches these days. It also feels kind of lazy sometimes; but I like to think that there’s some historical value, if not now perhaps in the next few years, in noting these deaths and how they were covered.

And every once in a while you find an obit for someone who didn’t get the attention that Harper Lee or Scalia got, but deserves some attention. Speaking of that…

And speaking of lazy, I do have some longer pieces I want to write. Some of them are still in draft status, waiting for things to come together. Then there are some things that I expected to be able to write longer form entries about that just haven’t materialized yet.

I’d love to be able to write about my ongoing experiences with the Austin Police Department Citizen’s Police Academy, for example. But we’re only two sessions in and the first one was mostly back-patting. I’m hoping that there will be things that are worth writing about (and that I can write about without breaking any rules) soon. (If you’re really interested in the actual police academy and the training process, there’s a set of videos up on YouTube.)

Quick movie note: Lawrence and I went to see “Hail, Caesar!” yesterday. Lawrence liked it more than I did. I don’t think it is a bad movie, but it seemed slight and insubstantial.

We watched “Burn After Reading” a few weeks ago, and I liked that a little more: it may have something to do with almost everyone in “Burn” being utterly insane. (Especially John Malkovich’s character; but then, Malkovich adds that extra special touch to everything he’s in. I’m still not going to see “Zoolander 2”, though.)

TL,DR: wait for “Hail, Ceaser!” on streaming.

Random notes: February 15, 2016.

Monday, February 15th, 2016

It was a busy weekend; by the time I found out about Scalia, I was out and around and unable to blog. Now it feels like we’ve reached Scalia saturation, and I’m not sure I have anything to say. Except: I would have liked to have met the man. Lawrence has some links up over at his site.

Something that mildly amused me, and that I also didn’t have a chance to blog over the weekend: remember the Royal Caribbean cruise ship, Anthem of the Seas? The one that sailed into a storm?

Well, it turns out there was a NYT reporter on board. Not that they were expecting a storm: the reporter was apparently on board to cover the first voyage of Royal Caribbean’s brand new super ship. Instead…

There were two things that happened during the storm that made me begin to believe that my life was in jeopardy.

Not exactly the kind of thing your company wants to read in the paper of record.

The second thing I began contemplating was composing farewell messages to the people I love, as well as apology notes to people I have let down. The ship’s vaunted Voom Wi-Fi was somehow holding steady during the storm, presenting the opportunity to send some emails or perhaps post a blanket statement to social media. I also contemplated writing a sweeping goodbye note on paper and sealing in the Ziploc bag I had packed my toothbrush and toothpaste in, hoping that it might float to the surface and be discovered by rescue crews.

2016, ladies and gentlemen. Speaking of 2016…

Like, who dies at sea anymore? This is 2016, after all, an era in which we build giant, floating sea fortresses and have apps on our phones that can predict when it’s going to rain down to the minute. This is not the 1700s.

“Who dies at sea anymore?” That was just stupid. Setting aside for the moment the immigrants who die at sea (while their deaths are tragic, and I don’t mean to diminish them, I’m sure the NYT author would argue that’s not the kind of “death at sea” he’s thinking about), ever hear of the Costa Concordia? Where are the paper’s editors?

One more thing that tickled my funny bone: a vaunted feature of the Anthem of the Seas is something called the “Bionic Bar”: “Attended by two robotic arms that mix cocktails amid an array of flashing lights and thumping techno music, patrons sit a few feet away from the bar and order from a menu of available drinks, many of them coming in bright neon colors that evoked thoughts of nuclear waste, on a tablet computer.”

How’s that working for them?

A friend I had made on the ship met me for drinks there one night after the storm and we sadly couldn’t bring ourselves to order more than one drink each, agreeing that the cocktails in our first round were, well, kind of terrible. Score one for human bartenders; your jobs are safe for now.

You’re going down in flames, you tax-fattened hyena! (#26 in a series)

Thursday, February 11th, 2016

I haven’t been paying as much attention to the LA County jail scandal as I used to: things sort of got away from me.

But this is stunning and noteworthy: the former LA County sheriff, Lee Baca, has pled guilty to lying to the feds.

In a plea agreement filed in federal court Wednesday morning, Baca admitted that he lied when he told federal authorities that he was unaware that his subordinates planned to approach the FBI agent leading the jail investigation at her home.
Baca agreed not to contest other allegations leveled by federal prosecutors, including that he directed subordinates to approach the agent, stating that they should “do everything but put handcuffs” on her, the agreement said.

I believe this is the incident in question.

Baca’s plea deal apparently includes a provision that he won’t serve more than six months, and it seems possible that he could get probation. His #2 man, Paul Tanaka, is going to go on trial in March; the plea deal also apparently does not require Baca to testify against Tanaka.

Edited to add: longer article from the LAT about Baca’s plea.

“Operation Pandora’s Box”, summarized for your convenience.

Obit watch: special all UKOGBNI edition.

Wednesday, February 3rd, 2016

Gordon Goody, one of the Great Train Robbers.

While Mr. Goody was always considered one of the masterminds of the plot, he resented the fact that Mr. Reynolds was most often identified as the gang’s chief architect. (Mr. Reynolds died in 2013.)
“I do take exception to being referred to, as I have been from time to time, as Bruce’s number two,” Mr. Goody wrote. “I wasn’t number two to anybody.”

Richard John Bingham, the seventh Earl of Lucan, also known as Lord Lucan.

Okay, so, technically, he’s been dead since 1999, but this time he’s really most sincerely dead.