Archive for the ‘Law’ Category

Obit watch: December 10, 2014.

Wednesday, December 10th, 2014

Dollree Mapp.

You may remember Ms. Mapp from the landmark court case, Mapp v. Ohio, in which the Supreme Court extended the exclusionary rule to the states.

I noted previously that Ms. Mapp apparently led a hard but interesting life:

Even though Ms. Mapp’s name is etched in legal history, she had lived quietly in recent years, and besides a brief notice on a funeral home website, it took more than a month for her death to be reported. She was believed to be 90 or 91 when she died on Oct. 31, in or near Conyers, Ga.

Her conviction in the Ohio case was overturned. She later moved to New York, where she was convicted of narcotics possession:

…she pursued a series of appeals, claiming that the search warrant used in her arrest had been wrongly issued and that the police had targeted her because of her role in Mapp v. Ohio.
The drugs seized in the case were found at an apartment that Mr. Lyons apparently rented from Ms. Mapp. She lived several miles away. The police searched her home and found rent receipts that prosecutors argued established her as having aided and abetted Mr. Lyons. The officer who had applied for the warrant to search Ms. Mapp’s home was later dismissed from the police force after he was determined to have accepted about $3,500 from a narcotics dealer.

She served 19 years in prison before the governor commuted her sentence.

Steve Adler.

Tuesday, December 9th, 2014

We have our first response on the Art Acevedo question, from the Steve Adler campaign.

Since I didn’t state I would be publishing the replies here in my original email, I don’t feel comfortable doing so now. But I can summarize: as you might have guessed, it was the usual politician glurge.

  • The City Council doesn’t hire or fire the police chief, the city manager does. (Perhaps so, Steve, but if the city council says they want the chief gone, I’m pretty sure the city manager takes notice.)
  • Police officers need to be held accountable. (Also, apple pie and motherhood are good things.)
  • “…we need to work diligently to improvement relations between them and the public”.
  • Gratuitous Ferguson reference.
  • Steve Adler has spent much of his life fighting discrimination as a civil rights lawyer yadda yadda yadda.

Not very satisfying.

Random notes: December 9, 2014.

Tuesday, December 9th, 2014

I’ve emailed the two candidates in my Austin council district and the two that are running for mayor, inquiring about their positions on Art Acevedo. So far, I have not received an answer from any of them.

As a Libertarian, I am generally opposed to foreign military intervention, absent a direct threat to the United States. I am not convinced that it is our job to impose democracy on foreign countries.

However, if we are going to overthrow a totalitarian regime and bring about democracy, can we start here?

Obit watch: Ernest Brace. He was a civilian pilot working for the CIA in Vietnam; in 1965 he was captured by the enemy and spent nearly eight years in North Vietnamese prisons. John McCain was in the cell next to him.

I sent this to Weer’d for the “Gun Death” files, but it seems worthy of note here: Japanese “Black Widow”.

According to the police and news media reports, Mr. Kakehi was just one of six outwardly healthy elderly men who died abruptly over the last eight years after marrying or starting romantic relationships with Ms. Kakehi.

Anyone want to guess what she didn’t use to (allegedly) kill these men? Anyone? Bueller?

Also among the dead: Nathaniel Branden, “writer Ayn Rand’s former devotee, lover and intellectual heir”. I know this is a few days old, but I’ve been waiting for an obituary to be published in a reputable source that I’m willing to link to. (Edited to add: NYT obit.)

Jonathan Yardley has retired from the WP. His last piece was published this past weekend.

I wanted to make note of his retirement here because I liked Yardley’s writing very much. In particular, he was responsible for one of my favorite things ever done by a book critic: “Second Reading”, where he went back and reconsidered books he’d previously read. And he wasn’t a snob: he’d go back and re-read a classic like “Gatsby”, but he also covered Hunter S. Thompson, John D. MacDonald, Josephine Tey, and Charles Willeford. There is a very good book, Second Reading, that collects about half of these columns; the other half are available in various places on the web, or you can search the WP website. (I think the Post’s tagging of Yardley’s columns is a bit inconsistent, though.)

God bless you, Mr. Yardley. May you enjoy your retirement. And if you’re reading this and happen to find someone whose work you enjoy as much as MacDonald’s, would you drop me a line?

We could fly a helicopter, nothing left to talk about.

Friday, December 5th, 2014

Hey, speaking of Chief Acevedo and the Austin Police Department, were you saying to yourself, “Self, I wonder if the APD got any of that sweet military surplus gear, like snow pants and snow shoes?”

The answer? $2,170,190.24 worth. Including a helicopter.

apd

Also, 13 “RIFLE,7.62 MILLIMETER”. Not that I’m complaining; I own one, so why shouldn’t the APD?

Also, this is just the Austin Police Department. The Austin Community College Police Department, which is a separate entity, got some stuff too. Nothing flashy, though. The Bastrop PD got $93,180.88 worth, including 10 “RIFLE,5.56 MILLIMETER”. The Buda PD numbers look a little odd: they are reported as getting 13 “RIFLE,5.56 MILLIMETER” with a total value of $1,560 (that’s $120 per rifle; you can’t even buy a Mosin-Nagant for $120 these days) and 3 “PISTOL,CALIBER .45,AUTOMATIC” valued at $176.13 (that’s $58.71 per; I’ll buy .45 automatic pistols at $58.71 all damn day. As long as they have a serviceable frame, I don’t care if they fire out of the box; they can be gunsmithed into working guns. It’d be a good learning experience.)

One more: the Lakeway PD got 30 of those “PISTOL,CALIBER .45,AUTOMATIC” (same price per as above) and two “RIFLE,7.62 MILLIMETER” ($138 per) for a total of $2,037.30.

And why does the Leander PD need a “MINE RESISTANT VEHICLE”?

If you’re wondering about your own municipal police department or other law enforcement agency, here’s the database I drew all this from (scroll to the bottom to search).

Hattip: Popehat on the Twitter.

(Subject line hattip.)

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

Friday, December 5th, 2014

Lawrence sent me a link this morning with the subject “Just go to town on this”. I see that several other folks have already.

Here’s the Statesman version:

Acevedo asked the public to be alert and to keep their eyes peeled for people who are known to be well armed and espouse extremist beliefs.
“And that’s why it’s important for us as Americans to know our neighbors, know our families — tell somebody,” he said. “If you know somebody that is acting with a lot of hatred towards any particular group — especially if it’s somebody you know is a gun enthusiast or is armed with these type of firearms and they’re showing any kind of propensity for hatred — it doesn’t mean we’re going to take them to jail, but we might want to vet these people.”

Mmmmmmmhmmmm. I could point out that anyone who purchases their firearm from a licensed dealer (roughly 80% to 90% of transactions) has already been “vetted”. I could point out that Larry Steven McQuilliams also set several fires, and that a plastic container of gasoline can be more devastating than any assault weapon. I could ask what Chief Art means by a “propensity for hatred”, or how many officers he’s going to assign to vetting people. (Here’s a hint, Chief: you’re probably going to want to start by vetting every single employee of Dell. That may be a slight exaggeration, but when I worked there, pretty much everyone in Enterprise Technical Support owned serious firepower of one sort or another.) Or I could just quote Greg Campbell:

Our civil rights are not to blame for violence and we should not feel compelled to inform on our neighbors like a modern day Stasi.

If I really felt mean, I’d point out that you’re probably in more danger from the Austin PD than any “extremist”, especially if you’re black.

But let me single out one thing I haven’t seen anybody else jump on:

And on Monday at the same press conference, he urged for people to consider supporting laws that would make illegal “straw purchasers” that help put guns into the hands of criminals.

Wow. Just…wow. Dear Chief Acevedo:

“Straw purchases” are already illegal, you fucking moron.

Perhaps if you bought your own ammunition, you would have seen one of these posters at your local gun shop. Or WalMart. Or Academy. Or maybe you could listen to NPR.

But apparently our chief does none of these things.

The city council runoff elections are a few days away. I’m going to make a point of asking the candidates in my district if they support keeping Chief Acevedo in his position. And I plan to vote appropriately.

Random notes: December 3, 2014.

Wednesday, December 3rd, 2014

It is official: University of Alabama-Birmingham is shutting down the football program.

On the one hand, I feel a little sorry for the players and staff who are getting jammed up, especially since there’s a lot of speculation that the regents (including Bear Bryant’s son) have been out to screw UAB and the football program. On the other hand, I really want to see more schools shut down their football programs. If the NFL wants a minor league, let them start their own, instead of riding on the backs of universities. On the gripping hand:

UAB is also cutting its bowling and rifle programs.

They cut the rifle program?! Philistines! (“Don’t shoot my sacred cow!”)

This could turn into something interesting:

Criminal investigators with the U.S. Coast Guard are probing an elite group of Los Angeles firefighters at the city’s port to determine whether federal licensing records were falsified for crew members assigned to large fireboats, The Times has learned.

Well. Well well well. Well.

Monday, December 1st, 2014

As the threat of federal charges looms over eight former Fort Worth police officers accused in a traffic ticket scandal, a Tarrant County prosecutor revealed that state charges were dropped this year because evidence shows the city was using an illegal quota system.

….

The quota accusation was first raised in 2010 by an attorney for some of the fired officers when they appealed their terminations.
Lt. Paul Henderson, then [Police Chief Jeff] Halstead’s chief of staff, dismissed that accusation, saying, “The Fort Worth Police Department does not have ticket quotas.”
Henderson was later fired after his arrest on suspicion of DWI.

…

“There was never even an effort, however, to explain the supposed difference between ‘you write four tickets an hour or you don’t work STEP’ and a ‘quota,’ ” the attorneys wrote in their motion. “The illegal activity was, therefore, not only illegal and ongoing, there was a concerted, albeit sophomoric, effort on the part of the police department to disguise the illegal activity and to cover it up.”

…

In El Paso, 18 police officers were indicted in recent years after an investigation into similar reports that officers falsified documents to gain overtime pay through a state Transportation Department grant program.


Houston also had their own overtime scandal
, but I’m unclear if it also involved state grant money.

Hattip: Grits for Breakfast.

Here’s another one from over the weekend that also made my jaw drop:

In a shocking action, Judge Morrison C. England Jr. ordered the recusal of every federal judge in the Eastern District of California. (Emphasis added – DB)

What happened? Briefly, Sierra Pacific Industries and some other companies have been fighting the Justice Department for several years. Justice accused the defendants of causing a forest fire, and managed to get 22,500 acres of land transferred to the government, along with $55 million in payments over five years. Sierra Pacific and the other defendants argued that they didn’t start the fire, and that Justice…

“…presented false evidence to the Defendants and the Court; advanced arguments to the Court premised on that false evidence; or, for which material evidence had been withheld, and obtaining court rulings based thereon; prepared key Moonlight Fire investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.”

Hattip: Overlawyered.

Ripped from the police blotter.

Friday, November 28th, 2014

This is still a breaking news story, so details are sketchy. I note it here because…well, it is strange, and there may be some lessons to draw from it. Also, I’m not sure how much coverage it will get outside of Austin.

Early this morning (around 2 AM), somebody started driving around downtown Austin shooting at buildings. According to the Statesman, he shot at the Mexican consulate, the Federal courthouse, and APD headquarters.

He did not injure or kill anyone, as far as is currently known. The shooter was confronted at or near APD headquarters by the police and killed. There are rumors that he may have had an explosive device in his vehicle, and possibly one on his person, but these rumors are not confirmed.

Don’t know what to say about this, beyond: trouble can happen anywhere, and where and when you least expect it. I’ll add updates if I see anything substantial.

Edited to add: more from the HouChron, which claims “more than 100 rounds” were fired, and that the gunman tried to torch the Mexican Consulate.

I threw together a quick and dirty Google map, just to illustrate (for the benefit of my out of town readers) the locations in question.

A couple of random notes: November 14, 2014.

Friday, November 14th, 2014

When asked whether disparities in treatment were based on race, gender, rank or nepotism, officers overwhelmingly said they believed decisions about discipline revolved around an officer’s rank and whether he or she was well liked by their superiors in the department. Command-level officers routinely received slaps on the wrist or no punishment, while lower-ranking officers were suspended for similar misconduct, officers wrote.

From the LAT archives, some spectacular photos of firefighters responding to a DC-6 crash.

Former Seattle Sonic Robert Swift has been charged with a gun crime one month after police claim to have seized drugs, guns and a grenade launcher from the Kirkland home where he was living.

What I find interesting about this story is that, with the exception of the standard “junk on the bunk” photo, all the weapons photos are of guns “similar to one police say was seized from Bjorkstam’s Kirkland home”. No photos of the actual guns? Also, heroin dealing must not be that lucrative if all you can afford is a Taurus.

Happy Halloween, everyone!

Friday, October 31st, 2014

I don’t have anything quite as spectacular as the FARK Scary Stories thread; heck, I don’t even have any really good scary stories. But:

It was 40 years ago today.

Someone referenced Mike Warnke yesterday on one of the blogs I read. Who is Mike Warnke? He was a Christian evangelist and author; in 1973, he published a book called The Satan Seller about his experiences as a practicing Satanist until he found Christ and got his life in order.

Warnke became pretty popular, especially during the Satanic ritual abuse hysteria of the 1980s. But in 1991, a Christian magazine published a lengthy expose of Warnke; his chronology didn’t fit together, and basically everything he claimed could be disproven. (For example, he didn’t attend a Satanic ritual with Charles Manson; Manson was in prison at the time.) Warnke ended up folding his ministry in the wake of the expose and other press coverage (more about the aftermath here); he went on to start a new ministry and is still touring.

Cornerstone, the magazine that exposed Warnke, had done an earlier article on Lauren Stratford, another figure in the Satanic ritual abuse controversy. Stratford wrote several books, including Satan’s Underground, in which she claimed that she was used to breed babies for Satanic cult sacrifices. As it turned out, not a word of her story was true; Lauren Stratford wasn’t even her real name.

After Stratford was exposed, she started presenting herself as Laura Grabowski. And Laura Grabowski wasn’t a Christian survivor of Satanic ritual abuse; she was a Jewish survivor of Auschwitz-Birkenau who had been experimented on by Mengele himself. As you may have guessed, this was about as true as her SRA claims.

I don’t remember if I’ve ever linked this before – I think the Air Cooled Volkswagen Junkyard of Richfield, Ohio had gone off the web by the time I started this blog – but here you go, one of my favorite Halloween stories.

Random notes: October 13, 2014.

Monday, October 13th, 2014

The New York Times may have killed their chess column. Or perhaps not.

Greg “Three Cups of Tea” Mortenson is trying to make a comeback. (Previously.)

The WP also has a longish story about the Navy silencer scandal, covered previously here.

At one pretrial hearing, a defense attorney for the auto mechanic, Mark S. Landersman of Temecula, Calif., accused the Navy of impeding the investigation by destroying a secret stash of automatic rifles that the silencers were designed to fit. Prosecutors immediately objected to further discussion in open court, calling it a classified matter.
The destroyed weapons were part of a stockpile of about 1,600 AK-47-style rifles that the U.S. military had collected overseas and stored in a warehouse in Pennsylvania, according to a source familiar with the investigation.

I really don’t have much to say, but the thought of a warehouse full of “AK-47 style rifles” brings a goofy smile to my face.

Quaint and curious volumes of forgotten lore (#2 in a series).

Sunday, October 5th, 2014

This one is a little unusual.

I find Erle Stanley Gardner (or, as he is often called, “ErleStanleyGardnerTheCreatorOfPerryMason”, all one word) to be a fascinating person.

I’m not very well read in the Perry Mason books; I should perhaps give them another try, but it seems to me that Gardner’s style in those books was somewhat arch and stilted. I think I’ve read a couple of the A.A. Fair books that my mother had lying around the house when I was younger, but I don’t really recall those.

I’m more interested in Gardner as a non-fiction writer. I’ve written about this elsewhere, but his book The Court of Last Resort (based in part on his experiences with the organization of the same name) contains what I believe is some of the smartest and sanest writing about crime and criminal justice ever. There are things in there (especially about drug policy) that still hold up nearly 60 years after the book was written.

Lawrence and I have periodically discussed the idea of putting together a collection of Gardner non-fiction firsts. In addition to his writing about criminal justice, he also wrote about exploring Baja by jeep, Hunting Lost Mines by Helicopter, and other outdoors subjects. Copies of his non-fiction books show up pretty regularly on the Internet auction sites, sometimes even signed, but I have yet to find one that’s in good enough condition to justify Heritage’s minimum $15 price.

I think that’s one of the reasons I’m so fascinated by Gardner: he was certainly a hellaciously smart man, and no slouch as a lawyer, but he was also a serious outdoorsman, and he blended both sides of his character well. (The “Court of Last Resort” actually got started around the campfire one night on one of Gardner’s Baja trips; one of his campfire companions was the publisher of Argosy, who listened to Gardner’s account of the Lindley case and promised him space in the magazine for any additional cases where Gardner felt an innocent man had been convicted.)

(As a side note, we could really use a contemporary “Court of Last Resort”. We could also use more public intellectuals like Erle Stanley Gardner.)

====

Last weekend, I was poking around at one of the Half-Price Books locations and found something that intrigued me: two bound volumes of the American Rifleman from 1971 and 1973. This is close to the time when I started reading AR (Dad had a stack of old ones in the garage, and I was a precocious child), and I still have a fondness for the magazine of that era.

So I started flipping through the bound volumes, and ran across this cover story from the May 1971 issue:

esg_ar

“Well. Well well well. Well.” said I.

(I apologize for the kind of crappy photo. These bound volumes run at about two ox-stunning units, and are very hard to get on a scanner.)

The cover story is a tribute to Gardner, who was also an NRA member, and who had passed away about a year previously. The two guns on the cover were donated by his wife to the NRA Museum. The handgun is a Colt Single Action Army in .45 Colt; it and the leather were given to him by a client in a shooting case. (Gardner won an acquittal.) The rifle is an early Weatherby in .300 Weatherby Magnum, using a Mauser action (instead of the Weatherby Mark V action used in later rifles).

There are a few interesting bits of trivia in the AR tribute that I wasn’t aware of:

  • Gardner was so accurate with a rifle that he gave up using firearms for hunting for a long period of time. Instead, he did his deer hunting with a bow and arrow.
  • In his 70s, Gardner set out to prove that a person with a .22 handgun could survive indefinitely on the small game he could harvest “within 300, 200, or even 100 miles of Los Angeles.” This became a three-part article for Sports Afield. (I dare you to try that today.)
  • “He had a habit of racking .22 tubular-magazine rifles with the magazines pulled partway out.” He also liked inexpensive guns, probably (as the article notes) because his guns were working guns for his ranch, not safe queens.
  • Gardner invented “archery golf”: “Players were allowed so many shots with a bow and arrow to get up to a hole – actually, a paper sack on a pole. Each player then made the hole by shooting an arrow through the paper sack.”

What I find even more interesting than the tribute is that the American Rifleman also reprinted a Gardner essay: “Why Gun Registration Can’t Cut Crime”. I can’t find it online, but it is in another essay collection, Cops on the Campus and Crime in the Streets.

There is an old expression which somehow indicates the subconscious thinking of the American people. It starts out, “There ought to be a law against…”
Whenever the American people want to stop something they want a law prohibiting the thing they want stopped, as if laws in themselves were a solution.

Gardner’s essay goes on from there, outlining the flaws in gun registration laws. (Why would a criminal register their guns? How do you deal with the registration information and keep it secure?)

We aren’t going to disarm the criminal. We may as well make up our minds to that right at the start. We can try to do it, but the criminal is going to be armed. The man who needs a gun in order to perpetrate a holdup is going to have a gun.

I’m used to finding that people whose work I generally like have big blind spots in certain areas, especially guns. It perhaps should not have come as a surprise, but it is refreshing to me that Gardner was as wise and sane about gun politics as he was about other aspects of criminal justice.

Ripped from the headlines!

Friday, October 3rd, 2014

In Solvang bust, a bottle of cheap vodka, counterfeit cash, and meth


Cue Major Kong.

The bills were convincing enough that at least a few clothing and jewelry businesses in the Danish-themed town near Santa Maria were fooled into accepting them, officials said. Because of the sophistication of the bills, the Sheriff’s Department has notified the Secret Service, which is conducting its own investigation.

The tweakers are turning out good quality counterfeit $100s? So we don’t have to worry about the Iranians any longer, but the meth addicts? Why does this surprise me?

Obit watch: September 30, 2014.

Tuesday, September 30th, 2014

We haven’t heard much recently from the notoriously corrupt California city of Vernon.

The first council member to get elected in a competitive race since the Nixon presidency in the small city of Vernon — population about 100 — has died.

His death appears to have been the result of natural causes (and not in the “he was shot in the head six times, so naturally he died” sense).

Historical video, emphatically NOT suitable for use in schools.

Friday, September 26th, 2014

By way of Ace of Spades: The LA Police Department Skilled Shooting Exhibition Of 1936. (As Maetenloch notes, this is probably from 1938. And although the heading says LAPD, this is actually the LA Sheriff’s Department.)

There’s some good stuff in this:

  • I do love me some nice Thompson work.
  • It is an interesting piece of history, if you want to see how police shot back then. I believe the LAPD was pretty progressive in their pistol training at that time; certainly they were in 1955, when Sterling Walker wrote “How Cops Get Killed” for Guns Magazine. It seems logical to assume that that the LACSD worked the same way. The one-handed shooting stance looks funny in retrospect, but you have to remember the Weaver Stance hadn’t been invented yet. And I suspect that “Combat” range and the practice drills were pretty far out in front of the curve for 1938.
  • I like the course of fire shown at the range. I might try that next time I go out to the range with one of my revolvers.
  • LAPD

  • I wonder if this is where the shooting competition in Magnum Force was staged. IMDB is no help here.

There are also some things I really dislike about this video:

  • The tinkly piano music really gets on my nerves.
  • I wish it were better lit, or in better focus, or both. I can’t tell what guns the shooters are using (except for the one guy with the Thompson, of course). Various sources say LAPD was issuing the S&W K-38 Target Masterpiece and the K-38 Combat Masterpiece until 1988. (The difference between the two is that the Target Masterpiece had a 6″ barrel; the Combat Masterpiece had a 4″.) The Walker article mentioned above says they also used the Colt Officer’s Model Special. The problem I have is that the K-38 in either version didn’t start showing up until post-WWII. I think the guns in the video may be Colts, and there could be a couple of M&P Model of 1905 4th Change revolvers in there; it is just hard to tell. (Again, I’m assuming LACSD and LAPD used the same or similar equipment. Frankly, there weren’t a lot of choices at the time, though I guess they could have issued Registered Magnums…)
  • JESUS JOSEPH AND MARY ON A FREAKING POGO STICK, WERE THESE PEOPLE IDIOTS?! In case you’re wondering why I’m screaming, it should become apparent to you at about 35 seconds into the video. What the frack? What the fracking frack? Was life cheaper back then? Were these guys getting some hefty hazard pay? For my readers at home: DON’T DO THIS, OKAY? Seriously, this has “manslaughter” written all over it.
  • Also, there’s much more effective ear protection out there these days than cigarettes or wads of cotton.