Archive for the ‘Law’ Category

Something lighter.

Friday, January 29th, 2016

The Texas Higher Education Coordinating Board’s list of “Institutions Whose Degrees are Illegal to Use in Texas”.

Good for a few chuckles, at least. For example, the entry on “Eastern Caribbean University”: “…master’s degrees were offered in “Classical Studies” which actually was the study of any ‘classic’ TV or movies series such as ‘I Love Lucy’ or the James Bond movies. Closed by action of the CB.”

I also like “Irish International University”: “The Irish government has requested that Malaysia close this entity on grounds that it is neither Irish nor a university.”

(“The Partridge Family were neither partridges, nor a family. Discuss.”)

Buddy.

Friday, January 29th, 2016

In another life, I used to travel between Austin and Rhode Island regularly (once a year or so).

The first time I went, I stayed downtown, at the Biltmore. This was 1995, I think, and it seemed that downtown was dead.

But I kept going back (this was the business I had chosen) and downtown Providence got better. They built a big new mall within walking distance of the Biltmore. They started Waterfire. The last time I was in Providence, it was a fun, exciting place to be. I miss it.

Buddy Cianci was responsible for a lot of this.

===

He wasn’t a hero of mine, and I never really “met” him. I did encounter him a couple of times.

It was a running joke among my coworkers (and the folks we worked with in Rhode Island) that you should eat at Joe Marzilli’s Old Canteen at least once; not only was the food good, but if you got lucky, you might see Buddy.

Well, one night I was in there with some of my coworkers and some of our Rhode Island contacts. So was Buddy. He actually came over to our table and commented on how cute and well-behaved the young child who was with us was. (As I recall, he was accompanied by a stunning, and very young, woman.)

Later on that trip, I shared an elevator ride with him. I didn’t say anything to him; didn’t seem like the time or place. I kind of wish I had said something nice to him now.

===

The Prince of Providence is a swell book about Buddy and Providence politics, though I don’t know if it has been updated since 2003.

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Buddy reminds me some of Robert Moses. Both were examples of The Man Who Got Things Done. And it seems that both were also examples of the “rude to the waiter” rule. (I watched him get kind of snippy once with a desk clerk at the Biltmore who didn’t recognize him. To be fair, though, he was actually living in the Biltmore at the time…)

I was always conflicted by him. As a Libertarian, he represented a lot of what I hate about big government. As a connoisseur of politicians, especially crooked ones, he was one of the last examples of a type we probably won’t see again.

And I always thought his second conviction was questionable. He was charged on 27 counts, and was acquitted on 26. The one thing he was found guilty of was “racketeering conspiracy”. What the hell does that even mean? What “racket” was he “conspiring” in, if he wasn’t guilty of the other 26 charges?

Then again, I Am Not A Lawyer, and maybe I’m inclined to make excuses for someone I kind of liked.

===

He may have been a crook. But he was my crook, damn it.

Crime and punishment.

Wednesday, January 27th, 2016

The first three paragraphs of this article push one of my hot buttons, so you might take that into account when considering my recommendation.

However, I really like Kathryn Schulz’s “Dead Certainty”, about “Making a Murderer” specifically, and the general trend of reporters conducting their own “extrajudicial investigations”.

Nearly seventy years have passed since Erle Stanley Gardner first tried a criminal case before the jury of the general public. Yet we still have not thought seriously about what it means when a private investigative project—bound by no rules of procedure, answerable to nothing but ratings, shaped only by the ethics and aptitude of its makers—comes to serve as our court of last resort.

Schulz puts her finger on something that’s bugged me for a while. I’m not proud of this, but I used to watch “America’s Most Wanted”. Sometimes, it reminded me of a scene from “Fahrenheit 451”, where Montag is being pursued and the pursuit is broadcast live on television, complete with a host who sounds a lot like John Walsh.

I don’t have a dog in this fight: I didn’t watch “Making a Murderer” and I didn’t listen to “Serial”. But I think what Schulz says is worth thinking about:

It is largely because of these systemic weaknesses in our judicial system that we find ourselves with a court of last resort. While that court cannot directly operate the levers of the law, it has drawn attention to cases that need review, and innocent people have been freed as a result. Yet in the decades since Erle Stanley Gardner launched his column, none of the forces that put those people in prison in the first place have changed for the better. Nor have we evolved a set of standards around extrajudicial investigations of criminal cases. However broken the rules that govern our real courts, the court of last resort is bound by no rules at all.

Quick notes: January 14, 2016.

Thursday, January 14th, 2016

Obit watch: Lawrence Phillips, former Nebraska running back, first round draft pick of the St. Louis Rams, and current prison inmate.

Phillips went to prison in 2008 on a sentence of more than 31 years after he was convicted of twice choking his girlfriend in 2005 in San Diego and of driving his car into three teens later that year after a pickup football game in Los Angeles.

He was also suspected of having killed a cellmate. His death is believed to have been a suicide.

Well. Chip Kelly is the new coach of the San Francisco 49ers. This should make Gregg Easterbrook’s head explode.

One hundred and sixty two.

Friday, January 8th, 2016

Somehow “tax-fattened hyena” doesn’t seem fitting, and crustacean related jokes seem inappropriate.

So. Raymond “Shrimp Boy” Chow: guilty.

On 162 counts, “including murder in the service of racketeering, murder conspiracy and racketeering.”

(They said “murder” and “racketeering” twice. They must like “racketeering”. And “murder”.)

LAT. SFGate. SF Examiner. Of course the defense plans to appeal.

Your Raymond “Shrimp Boy” Chow update.

Thursday, January 7th, 2016

It took us a non-trivial amount of digging to find this, but:

The case against Chow went to the jury on Tuesday.

We will keep an eye out for the verdict, or lack of one.

Random notes: December 30, 2015.

Wednesday, December 30th, 2015

Okay, so it isn’t exactly Ninja Part 3: The Ninjaing. But I was entertained by Pete Wells’ review of Señor Frog’s in the NYT.

Señor Frog’s is not a good restaurant by most conventional measures, including the fairly basic one of serving food.

(Spoiler: he still liked it better than Guy’s American Kitchen and Bar.)

From the HouChron: off-duty HPD officer lists a couple of personal firearms on Texas Gun Trader, meets up with potential customers, and gets into a shootout.

Mildly interesting, but I call it out here for this quote:

Senties did not know how much Curry was asking for the guns, but on the website, the price tag for pistols can range from about $300 to almost $2,000 depending on the model and the condition.

“…from about $300 to almost $2,000”. Wow. That certainly narrows it down.

Seriously, if you don’t have specific information on what Curry (the HPD officer) was selling and how much he was asking, why put that in? Does the HouChron even have editors these days?

110 years ago today…

Wednesday, December 30th, 2015

…early in the evening on December 30, 1905, Frank Steunenberg, the former governor of Idaho, returned to his home in Caldwell after a busy day downtown. (Among other tasks, Steunenberg renewed his life insurance policy.) He opened the side gate to his home…

…and set off a massive explosion that gravely wounded him. He was carried into his home by family and neighbors, and lingered for a short period of time before succumbing to his injuries around 7:10 PM.

For days thereafter, passerby were picking “little bits” of the governor out of the debris.

(more…)

1D20.

Thursday, December 24th, 2015

Speaking of Ross Thomas, I’ve been meaning to link to (and bookmark) Ethan Iverson’s “Ah, Treachery!” essay for a while now. There are a few things in it that I disagree with, but I think Iverson’s essay is generally perceptive about Thomas and his writing; I find myself referring to it periodically.

Young Joseph Wambaugh and the hobo, from the LAT.

Dave Barry’s year in review, in case you haven’t seen it yet.

An OPM statement plays down the seriousness of the data breach, stressing that “if anybody publishes any photos allegedly depicting an alleged Cabinet secretary with an alleged goat, those are fake,” further noting that “it was totally a consenting goat.”

For the record: NYT obit for Joe Jamail.

Obit watch: December 23, 2015.

Wednesday, December 23rd, 2015

Joe Jamail, noted Houston attorney.

He was also a major booster, contributor, and power behind the scenes in University of Texas football. Here’s an article from Texas Monthly in 2014 about the relationship between Jamail and UT.

And another TM article (by way of Popehat) profiling Jamail.

He once took a $675,000 judgment against Sears into the retail chain’s downtown Houston location, commandeered the intercom, and informed employees that he’d just taken over the store.

“Some plaintiff’s lawyers have a tinge of dishonesty. When they leave a room, you smell a little brimstone. I’ve never heard anyone suggest that about Jamail. He may kill you, but he won’t cheat you.”

Now that’s a eulogy.

Shrimp for Christmas!

Tuesday, December 22nd, 2015

I’ve been trying to keep up with the Raymond “Shrimp Boy” Chow trial. Really, I have.

But the press coverage has been kind of pathetic. I keep looking for stories in the San Francisco newspapers, but no joy.

The latest update is from the LAT: apparently, we’re now into the defense phase of the trial, and “Shrimp Boy” is testifying.

He said that he ran an escort service, dealt cocaine and was involved in a street gang, but upon his release from prison in 1989 got jobs at a supermarket and law office. That did not last, he said, as he continued to face scrutiny from police.

Chow was convicted on a federal gun charge in 1995 and released in 2003 after agreeing to cooperate in another prosecution. He said he decided to renounce criminal activity after engaging in meditation and focused instead on writing his biography.

Do you want to read that? I kind of want to read that, though “Chow doesn’t always understand English and that his diction and tenses are not always used correctly.”

Chow’s attorneys say the FBI agent instigated the crimes for which people were later arrested and forced money on him, often when Chow was drunk.

Flames, hyenas, etc.

Tuesday, December 1st, 2015

I wanted to wait a little bit for the paper of record to fully update their coverage. Now that they have:

Sheldon Silver, former speaker of the New York State assembly: Guilty! Guilty! Guilty! Guilty! Guilty! Guilty! Guilty!

Mr. Silver, 71, a Manhattan Democrat, was convicted on all seven counts against him. The charges of honest services fraud, extortion and money laundering stemmed from schemes by which he obtained nearly $4 million in exchange for using his position to help benefit a cancer researcher and two real estate developers.

I am worried, though, about the jury issues:

Last week, as the jury first convened to deliberate, a juror sent a note to the judge, Valerie E. Caproni, asking to be excused from the case and saying she was “feeling pressured, stressed out … told that I’m not using my common sense, my heart is pounding and my head feels weird.”

On Monday, a second juror asked to be removed from the case, citing a conflict of interest related to his job. The juror, Kenneth Graham, a taxi driver, told the judge he had learned during the Thanksgiving recess that the owner of the medallion cab he drove was a good friend of Mr. Silver’s, and belonged to the same synagogue as the assemblyman.

I’m hoping this doesn’t give Silver grounds for a successful appeal.

Time flies.

Friday, November 27th, 2015

Damn. It has been a year since that asshole tried to shoot up the police department and got center-punched for his trouble? Where does the time go?

One year later article from the Statesman, which has some details I either didn’t know or forgot.

Johnson turned protective. Still holding on tightly to the horses’ reins with his left hand, he pressed his chest against one of the garage’s concrete pillars and drew his weapon, the Police Department’s standard-issue Smith & Wesson M&P 40.

The bizarre nature of the incident and his incredible gunshot come up nearly every day. According to a ballistics investigation, the .40-caliber bullet fired from Johnson’s gun traveled 314 feet in less than a second. The bullet nicked the driver’s door frame of McQuilliams’ vehicle and continued tumbling sideways 5 more feet before it hit McQuilliams.

Yes. That was a 100 yard, one-handed shot with an M&P .40.

That was the only shot police fired that night.

It was also the decisive one.

I can’t find it online, and my memory is a little sketchy, but I’m reminded of an “Ayoob Files” from some years ago. Briefly: bad guy armed with a rifle is holding off cops (and kills one dead). Cops are only armed with handguns, and try to take the guy out, but he has them pinned down 80 to 100 yards away. My recollection of Ayoob’s account is that at least one of the responding officers tried making shots at that range with his duty gun; when the bad guy was finally taken down (as I recall, by someone who arrived on scene with a shotgun and hit him with a rifled slug), they found a fairly tight group of bullet holes…just above where the bad guy’s head would have been.

One of Ayoob’s points, which I thought was well taken was: maybe every once in a while you should try taking long range shots with your duty weapon, just so you have some idea of what it can do and where you might need to hold. Then again…

Johnson, 40, loves his unit and his job, a perfect fit for someone who had grown up riding horses on a ranch and practiced shooting with a .22-caliber rifle from his back porch.

…if you grew up shooting off the back porch, maybe you don’t need that advice.

(Also, Massad Ayoob, if you happen to be reading this: this incident, and Sgt. Johnson in particular, might make for a good “Ayoob Files” installment. Just saying.)

A small dose of the unusual for Black Friday.

Friday, November 27th, 2015

Just in case you’re stuck at work, or have decided to stay home and avoid the rush, here’s a couple of things you might find interesting:

1) Lawrence sent me this link the other day: Showmen’s Rest: Chicago’s Clown Graveyard.

The story behind this is that Showman’s Rest is where many of the dead from the Hagenbeck-Wallace Circus train disaster were buried.

The Hagenbeck-Wallace Circus train disaster? Yes: on June 22, 1918, the train carrying the members of the circus was rammed by another train whose engineer had fallen asleep. 86 members of the circus were either killed outright or burned to death in the fire that resulted.

2) A retweet from Popehat led me to look up Count Dante, who I was previously unaware of. Count Dante was “The Deadliest Man Alive!” and the founder of the Black Dragon Fighting Society; he advertised heavily in comic books during the 1960s and 1970s.

Count Dante (really John Keehan; he changed his name in 1967 to “Count Jerjer Raphael Danté, explaining the name change by stating that his parents fled Spain during the Spanish Civil War, changed their names, and obscured their noble heritage in order to effectively hide in America.“) was one of Chicago’s leading martial artists during the 1960s.

He and a buddy were arrested in 1965 for trying to blow up a competing dojo. In 1970, he and some friends went to another competing dojo to “settle a beef with a member”: in the process, one man died.

In 1971 the judge in the case dismissed all charges but not before upbraiding both sides: “You’re each as guilty as the other,” Cooley recalls him bellowing.

Count Dante may also have been involved in a 1974 robbery of $4 million. He died in May of 1975 at the age of 36.

Chicago Reader article, “The Life and Death of the Deadliest Man Alive”. The article is tied to a documentary in progress, “The Search for Count Dante”: film website here.

Obit watch and random notes: November 24, 2015.

Tuesday, November 24th, 2015

I’ve written previously about Ron Reynolds, a state representative and lawyer who was charged with barratry.

Well, it has been a while. The other seven people who were arrested with Rep. Reynolds took pleas, but Rep. Reynolds went to trial. And…?

You’re going down in flames, you tax-fattened hyena!

The Fort Bend County Democrat was convicted Friday of five counts of illegally soliciting clients, or misdemeanor barratry. A six-person jury on Monday rejected his plea for probation, and instead sentenced him to 12 months behind bars and a fine of several thousand dollars.

I’ve also written about Kelly Thomas, who was beaten to death by the Fullerton PD. The city (meaning local taxpayers) is going to pay out $4.9 million to his family, in settlement of their wrongful death lawsuit.

Obit watch: noted elsewhere, but I did want to mention the passing of Ken Johnson, former player for the Houston Astros (and the Colt .45s, their predecessor), and the only pitcher ever to “complete a nine-inning game without yielding a hit and still manage to lose it.”

(Oddly enough, there’s a good explanation of how this happened in the FARK discussion thread.)

Also among the dead: Adele Mailer, Norman’s ex-wife and the woman he stabbed in a drunken rage.

Some guests recalled that the point of no return came when she told her husband that he was not as good as Dostoyevsky.