Archive for the ‘Law’ Category

Annals of law (#9 in a series)

Tuesday, May 27th, 2014

By way of Overlawyered, I found this ABA Journal article. I note it here because I believe this is, literally, the kind of situation you only see maybe once in a lifetime.

Akin Gump Strauss Hauer & Feld was representing a company, LBDS Holding Company, in a lawsuit against another company, ISOL Technology. Details of the suit can be found here, but I’m not sure they’re important. The key point is that Akin Gump won a $25 million judgement for LBDS Holding against ISOL.

ISOL and their legal team filed a motion for sanctions under Rule 11, claiming that “LBDS and its principals manufactured and falsified evidence used in this litigation, testified falsely, and committed a fraud upon this Court.”

Sounds like the kind of routine motion you’d expect the losing party to make, right? Well, Akin Gump had to respond to the motion, of course, so they did their due diligence and spoke with their client.

…when firm partner Sanford Warren discussed the sanctions motion with a client representative on May 15 the rep admitted “that the allegations in the [sanctions] motion were ‘essentially correct,’ ” the Akin Gump motion says. A “Cerner” contract relied upon by the plaintiff at trial “was not authentic,” the motion says, because an actual contract “had been altered and had certain schedules attached to it which were forgeries.”
Additionally, a client representative “said that those on the [conference] call [with Warren] had set up a fictitious domain name and sent emails from that domain name to create the impression that certain emails, introduced into evidence at the trial of this case, were sent by Cerner Corporation, when in fact they were not,” the Akin Gump motion continues.

So let me recap, just to make things clear: the plaintiff knowingly and willfully falsified evidence in their civil suit. That’s not just “case thrown out of court” bad, that’s not just “defendant awarded sanctions” bad; that’s “people are going to prison over this” BAD.

Akin Gump seems to have been unaware of the fraud until the plaintiff’s representatives confessed. At that point, they filed their own motion concurring with the motion by the defendants, providing their own account of what the plaintiff’s reps had said, and withdrawing from further representation. That motion is attached to the ABA Journal article, and makes excellent reading if you (like me) are a connoisseur of legal motions.

I can’t recall ever hearing of another case where the plaintiff committed this kind of serious fraud. (Maybe the Chevron case or the Nicaraguan banana pesticide case, but both of those had elements outside of the United States that influenced events; the LBDS/ISOL case, in contrast, was entirely domestic.) It boggles my mind that they thought they could get away with it. But the scary thing is, they almost did. I do wonder when ISOL found out about the fraud; is it possible that they knew all along, and were just holding back the information? Something like a hidden ace, just in case the verdict didn’t go their way?

More stabbing hypocrisy… I mean cutting journalism

Tuesday, May 27th, 2014

Great and good friend of the blog RoadRich sent us an email yesterday. I liked it so much, I’m making it the very first guest post here (with RoadRich’s permission).

I saw yet another article on the USC murder spree. And though I’m not prone to rant, it seems this got me in a ranting mood once again. Of course it helps to preach to the choir.

I give the family lots of credit for earlier trying to get someone to take notice of the violent tendencies of their own son… which by itself is monumental… and I credit the family again for rushing to the developing scene (as the news reports indicate). The family of the murderer tried to save lives, weeks before it came to this.

However, the blame that the father of one victim levies on the NRA, and on politicians for not tightening gun laws, aims to hide the elephant in the room, which of course are the first three victims in this killing spree. Long before a person was killed by Elliot Rodger’s gun, two of his roommates plus someone who apparently had been visiting, were felled by Elliot Rodger’s knife.

By itself, the three stabbing victims may well have been called a ‘mass murder’, perhaps. And if the rampage by an overprivileged, self-important madman had stopped there, it would have still shaken Santa Barbara. But because the rampage moved on and changed to the weapon most feared by an uninformed or misinformed public, we are treated to a blind demand for gun laws. This shamefully ignores those who were killed by means other than bullets as somehow less important deaths. What do gun laws protect the stabbing victims from? What would more laws have done to save /anyone/ from someone who is willing to violate the law against murder? Is the loss by the parents of David Wang, James Cheng and George Chen any less important than that felt at the deaths of Veronika Weiss, Katherine Cooper or Christopher Michael-Martinez?

Of course we know what made the madman stop. It was someone who could defend himself, and whose job it was to defend others. It was someone with a gun, who ended a knife killing spree, a gun killing spree, and very nearly a car killing spree.

I feel bad for all the victims’ families. Yes, even the parent of Martinez, who is rightfully outraged. But between you and me, I would hope that someone Farq’s the article with the headline “Parent seeking tighter gun laws ignores stabbing victims” or “Parent doesn’t see stabbing deaths as victims” or something like that.

Be careful what you promise.

Saturday, May 24th, 2014

I’ve been wanting to write about this for a couple of weeks now, but have had trouble finding a way into it.

Earlier this century, some researchers working with Boston College came up with what became “The Belfast Project”. The idea was simple; do an oral history of the conflict in Northern Ireland by interviewing people on both sides of the conflict.

This was probably a worthwhile idea. But could you convince these people to talk? Sure, if you promised them that what they said would remain confidential until they died.

In the end, “The Belfast Project” interviewed 46 people; 26 former IRA members, and 20 former members of the UVF. Since they were promised confidentiality, many of them spoke freely. Perhaps a bit too freely.

Because BC apparently didn’t think through all of the legal implications. The United States has a “mutual legal assistance treaty” with the United Kingdom of Great Britain and Northern Ireland. Law enforcement in UKOGBAI became aware of the existence of “The Belfast Project” and decided to subpoena some of the interviews. The US government, under the terms of the treaty, had to cooperate with the request. There was a long legal battle, which BC lost; they surrendered 11 interviews with former IRA members.

As a result of this, Gerry Adams, the former head of Sinn Féin, was arrested as part of the investigation into a 1972 murder. The last I heard, Adams was questioned and released, and so far has not been actually charged with the murder.

Of course, people are upset. Confidentiality was breached! And BC has promised to return the interviews to the participants.

That may be “too little, too late”. Because now the government of Northern Ireland is asking for everything: all the interviews in “The Belfast Project”.

I’m not a lawyer, but I wonder what BC’s chances are at this point. If they return the tapes and burn the transcripts now, after a subpoena has been filed, will they be destroying evidence? Could BC wind up facing obstruction of justice charges?

And it seems that there are a fair number of people, on and off the BC campus, who think BC did a crap job with the project:

“The question that is unanswered is, why was the process not followed with this project?” said Susan Michalczyk, assistant director of BC’s Arts and Sciences honors program and president of the university’s chapter of the American Association of University Professors. “There should have been direct faculty oversight. Academic freedom can only be maintained when people adhere to the policies that preserve ethical practices.”

And:

Many faculty remain stunned that a project with so many potential ethical and legal pitfalls could be run with so little supervision. Given the risks involved, the project might never have moved forward if other scholars had been given a chance to weigh in, many said.

Random notes: May 23, 2014.

Friday, May 23rd, 2014

A couple of things that I’ve run across:

1. The Sunday Statesman had a longish article about problem police officers moving from department to department. I don’t think this is all that unusual – I’ve seen Balko and others write about this problem in other states – but the Texas angle is interesting.

In Texas, a police officer’s license can be revoked for only three reasons. One is for “barratry,” or using his position for financial gain; officials said it is rarely invoked. The second is for a felony criminal conviction. About 35 peace officers annually get their licenses pulled for qualifying crimes.
The third is for egregious misconduct. Unlike some other professions licensed by the state, however, Texas defines this for police in an extremely narrow and specific way — two dishonorable discharges.

The reason a police officer left a department, and the status of his “discharge”, is noted on a form called an F-5, which is filed with the Texas Commission on Law Enforcement. Part of the problem is that, if an officer’s discharge is noted as “dishonorable”, that officer can appeal their discharge status.

In 2008, Ken Walker, chief of the West University Place Police Department near Houston, fired officer Rosemarie Valdes “after she repeatedly told false and grossly exaggerated version of an on-duty incident,” court documents show. When she appealed her dishonorable discharge, Walker recalled, the small department virtually had to close up shop for a day while it sent two attorneys, the city’s human resources director, a police captain and the chief and a firefighter to Austin for the appeals hearing.

So in a lot of cases, departments agree to make the discharge “honorable”, in return for the fired officer agreeing not to take another job in any nearby department. In other cases, even if an officer is “dishonorably” discharged, smaller departments may not check the F-5, or they’re so hard up to get a qualified officer that they’re willing to ignore it.

(As a side note: isn’t it interesting that police departments have adopted military style language for this: “discharged” instead of “fired”? “honorable” and “dishonorable”?)

One other noteworthy bit of information: remember WCD favorite, former APD officer Leonardo Quintana? Were you wondering what happened to him?

Wonder no more: “In March, the former Austin officer was hired as a deputy by the Hidalgo County Sheriff’s Department, in the Rio Grande Valley. Quintana didn’t return phone calls seeking comment. Acting Sheriff Eddie Guerra, who took office six weeks ago, said he wasn’t familiar with Quintana’s past.

(I didn’t write about this previously because it was behind the paper’s paywall. Also, it’s been a heck of a week. Hattip to Grits for Breakfast for the non-paywall link.)

2. When I first saw “Stop Leaning In. Put Down Your IPhone. And HELP ME.” come across the Hacker News Twitter feed, I initially thought it was another “women in tech” rant. I don’t know why I clicked through to it, but I’m glad I did; it turned out to be something completely different.

Suddenly a thin figure bumped into me, which I wasn’t unused to in this city, but instead of the normal mumbling apology and eye contact, she didn’t move away. She stayed close and stared at me directly.
“Give me your phone, your purse, your bag, everything

I’d like to see this get more attention in the gunblogging community, as I think this is an excellent example of things we talk about a lot.

“SOMEBODY HELP ME!”
People stare and watch.
“Anybody, please, somebody, help me!”
30 eyes follow us.

You are responsible for your own safety. Yes, it would be nice if we could count on other people to help us. Yes, it would be nice if the police were always right there, instead of minutes away. But the world doesn’t work that way, and all of our wishes won’t make it so. The world, and the drug addicts in it, don’t care that you have to give a presentation to 200 people that night, or that you have children. You have to take responsibility for your safety. What are you doing about that?

Coffee in hand I mulled in front of the train station waiting for an Uber because I’d recently torn the ligaments in my foot. Headphones in my ear as I watched the little dot on the screen’s progress, scrutinizing his every move as if he were the worst Pac Man player I’d ever seen.

Situational awareness. Enough said.

Well, maybe not “enough said”. I know that situational awareness is something I sometimes have a problem with. I’ve been trying consciously since I got my CHL to work on improving that, and I feel like I’ve made some progress. But I’d love to find additional resources in that area: Hsoi has written some good stuff on the subject.

I realize it’s your business if you choose to tune out the world. But if you do choose to do so, don’t be surprised if you’re viewed as a ripe target for someone willing to take advantage of you… and your first post-situation thought is “they caught me by surprise… I wasn’t aware of them until they were on top of me”. Be pro-active, don’t let it happen to you, stay aware of your situation. And teach your kids the same.

She caught up to me and latched on.
“ I’m going to stab you and kill you”
By now she was livid. And suddenly we were brawling, she swinging at me with a knife in one hand, and punched with the other. I blocked all I could. panic filling every moment.

How’s that strict gun control working for you, San Francisco?

Okay, that may be a little facile. This post is the only one (so far) at Kirsten’s Amazing; there’s no way of knowing if she’s the type of person who could (or would) use a gun in self-defense, and there might be some practical problems with carrying one in her environment. (Example: what do you do with it at work, if you’re taking public transit instead of a personal vehicle?). But I think Kirsten is damn lucky to have come through this as well off as she did; she could very well have been seriously injured or killed.
Some martial arts classes might have helped Kirsten out in this case (since it sounds like her attacker was a small woman, rather than a 250 pound ex-football player) but it takes time to become good at martial arts. (It takes some time to become good with a gun, too, though.) (Edited to add: and torn ligaments in one’s foot might, perhaps, cramp your martial arts style.) Maybe she would have benefited from carrying pepper spray, though we know that doesn’t always work either. Guns may not always be the answer, but I like Kirsten’s odds a lot better with a S&W Bodyguard or even a little Beretta .25 in her hand.

I threw my hot coffee in her face and made a run back for the train station.

Caleb Giddings, call your office, please. (More seriously, that’s good thinking, Kirsten. Your main weapon isn’t a gun or pepper spray or your martial arts training; it is your brain. Use whatever is at hand if you need to defend yourself.)

I’ve seen two different schools of thought in the community. School number one is what I’d call the “sheepdog” school: “I live to protect the flock and confront the wolf.” School number two is perhaps best described this way: “My gun is to protect me and the people I care about. I’m not going to become involved in some stranger’s bullshit.”

Would I have jumped in to help Kirsten? I find it hard to say. First of all, I wasn’t there; I’m not sure how obvious it was that Kirsten was in trouble and who the aggressor was. What if I was mistaken about what was going on? What if this had turned out to be a fight between Kirsten and, say, an undercover cop who was trying to arrest her for using Uber instead of a licensed taxicab? Surprise! Now I’m facing charges of “assaulting a police officer”!

If it had been clear that she was being attacked by that woman, would I have jumped in? Would you have jumped in? Does it change things that we’re talking about San Francisco (where we both almost certainly would be unarmed) instead of Austin?

Someone (I wish I could remember who) said recently that you should look at self-defense this way; if you have to use your gun, every bullet has a $50,000 bill attached. Are you willing to bear that cost for someone you don’t know? Honestly, I don’t know if I am.

We live in a world where you can be shunned by society for engaging in justified self-defense. Are you willing to become this week’s featured demon on CNN because you jumped in to help a stranger? Even if it was justified? Imagine the family on the nightly news: “He was always sharp, always goofy, loved to dance, he was a respectable boy.” Why did you have to go and shoot Mister “Loved to Dance”, just because he pointed a gun at you? And as bad as those links are, you can bet it’d be even worse if you shot a petite woman with a knife. “He’s a big guy, he could have taken the knife away from her.” “He didn’t have to kill her, he could have just shot her in the leg.” You know the drill.

And are you willing to bear the costs, even if it was justified? This story from the comments is illustrative: time away from work (and I don’t know about you, but I don’t get paid if I’m not working), the risk of infection from junkie blood, being attacked by the bad guy’s lawyers…

…and that’s if things go well. What if the junkie bitch turns around and stabs you instead? Even if you have health insurance, you may end up out-of-pocket a significant amount of money. That is, if you survive being stabbed.

These questions are hard to answer, and I’m not sure of my own answers. But not being sure doesn’t make them any less worth asking.

Over at Battleswarm…

Saturday, May 17th, 2014

…Lawrence has significant followups on a couple of things that I’ve covered previously, but the latest developments somehow got past me:

Banana republicans watch: May 15, 2014.

Thursday, May 15th, 2014

Back in June of last year, two LAPD officers were ambushed as they were returning to their station.

Det. Humberto Tovar and Officer Bernard Romero gave investigators harrowing accounts of the gun battle that erupted moments later. Tovar recalled how the man had walked to the back of the car and fired through a back window. The detective described seeing the flash of the gun’s muzzle and hearing the sound of shattering glass as he prepared to return fire. Tovar and Romero detailed how they had traded shots with the man as he retreated across the wide street and then disappeared into the darkness.

Neither man was seriously injured. I remember this being a pretty big deal at the time (though I don’t seem to have blogged it); it wasn’t just that they were cops being shot at, but also the sheer brazenness of shooting at cops basically in their own backyard.

Well. Well well well. Well.

As they poured over the crime scene, however, members of the department’s Force Investigation Division, which conducts in-depth investigations of each officer shooting, could find no conclusive proof the officers had come under attack. The only bullets and spent shell casings recovered were those belonging to the officers. And a careful examination of the car and surrounding area showed no signs of gunfire from the man. LAPD investigators were unable to link the police vehicle’s shattered windows to the suspect.

Everybody seems to be avoiding the use of words like “staged” and “faked”, but that seems to be the unavoidable implication. The question in my mind is, “Why?”. One possible theory:

Romero, meanwhile, was found to have unintentionally fired four times into the police car’s roof and elsewhere inside the vehicle when the shooting began. He then fired several more rounds over his shoulder in what he believed was the man’s direction.

Could someone have been trying to cover up a negligent discharge by staging a gunfight? Stranger things have happened, though I’m having trouble thinking of many at the moment. Perhaps the drunk NYPD cop who shot his partner, but I’m not sure that rises to the same level as staging a gunfight.

Also worth noting: Det. Tovar has a history. He was fired as part of the Rafael Pérez scandal (and later reinstated).

A corrupt officer told federal authorities of a conversation he had with Perez, who was the central figure in the department’s Rampart scandal. Perez allegedly recounted a time when he had fired his gun. Tovar then allegedly fired his gun as well, not because he was in danger, but in an effort to make Perez’s actions appear more justified, court records show.

Based on what I’ve read about Perez and Rampart, I’d take anything the man says with an entire lick of salt. But I do think it is worth mentioning in the context of what’s happening now.

Random notes: May 14, 2014.

Wednesday, May 14th, 2014

Obit watch: H. R. Giger. NYT. A/V Club. LAT. Lawrence.

Also: Malik Bendjelloul, who directed the Oscar-winning documentary “Searching For Sugar Man”. NYT. LAT. A/V Club.

I haven’t seen “Searching” yet, but Bendjelloul’s death is depressing; it was his first film, and he was only 36.

(Edited to add this. The number for the National Suicide Prevention Lifeline is 1-800-273-8255.)

The history of red velvet cake.

In San Francisco, where one presumes people know better, the American Cupcake bar and bakery offers chicken that has been soaked in red velvet cake batter, rolled in toasted red velvet cupcake crumbs and fried. The dish comes with garlic- and cream-cheese mashed potatoes and cocoa-infused slaw.

You know, I’d try that. It might be something I’d only want to eat once, but I’d give it a try if I could travel to San Francisco. (I don’t currently have a passport, so I can’t go to places outside of the United States.)

Walter Olson has some good stuff up at Overlawyered and Cato about the bad Philadelphia cops. Interesting development:

Police Commissioner Charles Ramsey announced yesterday that Officer Jeffrey Cujdik has been suspended for 30 days with intent to dismiss, the Inquirer reported last night.

About damn time. But let’s wait and see what the Philadelphia Fraternal Order of Police does.

Today in literary fraud.

Monday, May 12th, 2014

When asked about questions about the story’s veracity by the Israeli newspaper Haaetz, the film’s director said, “That is exactly like the people who deny the existence of concentration camps. This is a true story. Everything that happened during the Holocaust is unbelievable and impossible to grasp, and people therefore also find it difficult to believe this story.”

Yeah, well, maybe. But I think you can ask questions about a story without being a Holocaust denier; the key is the phrasing. “What you’re saying happened doesn’t line up with what we know, historically, about the Holocaust, including the testimony of other survivors, Ms. Defonseca. Can you explain the differences?”

In related news, Misha Defonseca has been ordered to repay $22.5 million to her former publisher Mt. Ivy Press and Jane Daniel, who owns Mt. Ivy.

Misha who the what now? $22.5 million? That’s Steve King money!

Ms. Defonseca wrote a book called Misha: A Mémoire of the Holocaust Years. It didn’t sell well in the US, but was popular in Europe: it was adapted as an opera and as a French film, “Surviving With Wolves”.

…Misha Defonseca wrote of her experience of being a young Jewish girl on her own during World War II, fleeing into the woods where she was adopted by wolves, and killing a Nazi soldier.

The LAT is a little less clear on this next step than I would like, but apparently there was a dispute between Ms. Defonseca, Mt. Ivy, and Vera Lee (“a French speaker chosen to work with Defonseca”).

A judge found that Daniel and Mt. Ivy had withheld royalty payments, hidden money in offshore accounts and failed to market the book. Rights for the book reverted to Defonseca, and she was to be awarded damages of $32.4 million.

This now also becomes an excellent example of “Be careful what you wish for, because you may just get it.” Ms. Daniel, of course, appealed the verdict. And as part of the appeal, she hired people to take a closer look at Ms. Defonseca’s story.

Which turned out to be almost complete bullshit.

An American geneologist worked with Belgian counterparts to track down Defonseca’s true origins. She was born Monique De Wael in Brussels, where she attended Catholic school during the time she had claimed to be lost in the woods.
One part of the story was true: As a young girl, she lost her parents. Both had been members of the Resistance and were deported and killed. She was raised by relatives — not wolves.

And she’s admitted the fabrication:

“This story is mine. It is not actually reality, but my reality, my way of surviving.”

Interestingly, Wikipedia has a “Fake memoirs” page, but it does not break out Holocaust memoirs into a separate category.

And while we’re on the subject of bad cops…

Saturday, May 10th, 2014

…I think this is kind of interesting.

A guy named Charley Armendariz used to be a deputy with the Maricopa County Sheriff’s Office. (That’s Joe Arpaio’s outfit, if you don’t recognize it.)

Deputy Armendariz’s life seems to have gone sadly downhill. He engaged in what is described as “a series of standoffs with law enforcement in the last week”, and apparently killed himself; deputies serving an arrest warrant found him dead on Thursday.

But that’s not the interesting part. When they searched his home:

Officials found license plates from unknown vehicles, “hundreds” of drivers’ licenses, ID cards, passports, airport security clearance cards, empty wallets and wallets filled with personal belongings, in addition to various illegal drugs and drug paraphernalia, according to court records.

And they found many of these things stored in MCSO evidence bags.

Detectives located more incriminating evidence in Armendariz’s office, including citations that had been written and torn up, and citations where the court and complaint copies had never been turned in, according to the affidavit.

The Arizona Republic report says that this appears to go as far back as seven years. And it is possible this will result in the dismissal of any criminal cases Armendariz was involved with as a deputy.

It’s just…bizarre, in addition to being sad. The only thing I can think of is that meth is a hell of a drug.

Books in brief: Busted

Saturday, May 10th, 2014

Busted: A Tale of Corruption and Betrayal in the City of Brotherly Love is the true story of two crusading female reporters for an underfunded newspaper, who exposed massive corruption in the Philadelphia Police Department and won the Pulitzer Prize for their work.

True tales of journalism appeal to me. And the book has blurbs from two writers I admire, Mark Bowden and Edna Buchanan. So I added it to my wish list when I first heard about it, and my beloved and indulgent brother and sister-in-law picked it up for me as a birthday present. (Thanks, guys!)

Given that it was something I asked for, and received as a present, this review may seem kind of churlish. But, while I appreciated the gift and enjoyed the book, it has some problems. And it would be unfair to my readers not to mention those problems, family matters aside.

The book is listed as by Wendy Ruderman and Barbara Lasker. Ms. Ruderman and Ms. Lasker are the two reporters who did the Pulitzer-prize winning “Tainted Justice” series for the Philadelphia Daily News, and were officially credited with the prize. I do find it odd and interesting that Ms. Ruderman and Ms. Lasker do not mention that they actually shared the “Investigative Reporting” prize that year with Sheri Fink of the NYT. I do remember that there was some controversy over that; Ms. Fink’s work was originally in the “Feature Writing” category, but the Pulitzer board moved it to “Investigative Reporting”. It doesn’t diminish Ms. Ruderman’s and Ms. Lasker’s accomplishment that they shared the prize, but not mentioning that fact makes me wonder.

Additionally, while the book carries both bylines, it appears to have been entirely a Ms. Ruderman production. When Ms. Lasker is mentioned, it is always in the third person as “Barbara”, while Ms. Ruderman narrates the book in the first person. Ms. Ruderman is a talented writer, but I feel the book would have benefited from more of Ms. Lasker’s perspective in the first person, rather than Ms. Ruderman’s recounting of her thoughts and feelings after the fact. For example, I’d love to hear Ms. Lasker’s account of being slapped by a source, and getting upset afterwards, because she lost her pen, from her own mouth rather than Ms. Ruderman’s. (The Daily News, being a broke newspaper, provided reporters with cheap pens. Ms. Lasker sprang for the “four for $3.99” ones at the grocery store and losing one was “a big deal”. As well it should be. Crappy pens suck. Don’t buy pens at the dollar store, either. Just saying.)

It is possible that I may be mistaken, and this is just an authorial device. If so, it seems to me to be an unusual one; most collaborations of this sort that I’ve read set off the individual contributions by name, for example “Barbara” and “Wendy”.

Busted seems like a short book. It comes in at 242 pages (including acknowledgements) but it feels even shorter than that. And this leads into two more problems with the book. The first one is that it feels padded, and not in a good way. I would have liked more descriptions of the journalistic process Ms. Ruderman and Ms. Lasker followed; but I have to face the fact that their journalistic process was dogged, unrelenting, boots-on-ground going through search warrants and talking to people work. (As opposed to the “reporter with a database” model that seems to pervade much of modern journalism.) Instead, there’s a lot of discussion of the precarious finances of the Daily News and of Ms. Ruderman’s and Ms. Lasker’s personal lives.

And that’s the second problem. Ms. Ruderman spends a lot of time discussing her difficulties striking a balance between being a good wife and parent and pursuing a good story. I get that, I sympathize with that, but lots of women have that problem. Granted, not all of them are spending their days searching for crack dealers, but a little bit of the work/life balance whinging goes a long way.

There’s also some stuff that I think flat out doesn’t belong.

Barbara had long, wavy highlighted blond hair and a tangerine slice of a nose. Her big green eyes, flecked with caramel, reminded me of top-of-the-line granite kitchen counters. She rimmed them with dark olive eyeliner and a hint of grayish blue eye shadow. With her coral lip gloss, silver hoop earrings, snug skirts, and candy-colored blouses, Barbara came off all bubble-gum–wifty and gee-whiz. But that was just her facade.

What the frack? If I was Ms. Ruderman’s editor, I’d have cut everything except maybe the last two sentences, and I would have cut the first half of the second to last one. This isn’t the only paragraph in which Ms. Ruderman dwells on physical descriptions of Ms. Lasker. And there’s also quite a bit of material about Ms. Lasker’s misadventures in the dating scene, including failed Match.com dates and her relationship with her neighbor “Hutch”.

(Side note about “Hutch”: “A gun lover, he kept a 9mm Glock in his bedroom dresser and stashed shotguns and hunting rifles in a locked safe. Barbara hated guns.” Yet later on, when Ms. Lasker and Ms. Ruderman are afraid the Philadelphia PD is targeting them, “Hutch” is the person Ms. Lasker looks to for protection. Odd, isn’t it, how people who “hate guns” don’t hesitate to turn to people who have guns for protection? Especially when you’re afraid of “the only ones” you think should have guns?)

I’m not going to throw around my feminist credentials here, because I don’t have any. I believe in equality of opportunity for women. I believe women have a right to go about their lives and make choices without being physically attacked or sexually abused. I think the best rape deterrent is two to the chest and one to the head, administered by the victim at the time of the assault. I support strong, intelligent women. If that makes me a feminist, so be it. I don’t claim the title.

But the dwelling on physical descriptions of Ms. Lasker makes me uncomfortable. If it had been “Mr. Ruderman” instead of “Ms. Ruderman” who had written the paragraph above, would we be hearing complaints from women? “What do her physical attributes and her dating life have to do with her ability to do the job?” What, indeed?

(And how do green eyes remind you of granite kitchen counters, anyway?)

This is a shame, because Ms. Ruderman could have found other ways to fill space. I would have liked to hear more stories about their editor, Gar Joseph, to take one example. You have to like an editor who tells his staff, “I don’t give a shit about the parade unless a small child is entangled in the ropes of the Mighty Mouse balloon and choked to death, so don’t waste a reporter on it.” We could use more editors like that these days. Ms. Ruderman could also, perhaps, have filled in some more context on the Inquirer/Daily News war and the struggles of both papers in the new economy. And it would have been nice to see the “Tainted Justice” series put into the context of Philadelphia’s long history of police corruption.

That leads into my final issue with Busted. And, to be fair, this really doesn’t have anything to do with the writing (which is good) or the book’s narrative (which is compelling). But I feel like I have to ask this question of Ms. Ruderman and Ms. Lasker:

In the end, what did you accomplish?

The only result that’s mentioned in the book is some reforms in the way the narcotics division operates, and most of those reforms seem (from Ms. Ruderman’s account) to be stronger restatements of existing policy rather than actual rule changes.

And these events took place after the book was published, so it may be unfair to drag them in here. However, there is an elephant in the room that can’t be ignored:

The officers involved in the “Tainted Justice” investigation, including Jeffrey Cujdik and Thomas Tolstoy, will not face any charges for their actions. As a matter of fact, while they may face some internal disciplinary action, most reports I’ve read say it is very likely that they will be allowed back on the street and awarded back pay including “lost overtime pay”.

Okay. So let’s set aside the sexual assault allegations against Thomas Tolstoy for a moment. After all, these allegations come down to “he said/she said”, and shouldn’t we give the benefit of the doubt to the accused? Even if there are multiple complaints from multiple women? Even if at least one of those women says she was never contacted by investigators?

Let’s set aside the falsification of warrants charges against Jeffrey Cujdik, too. After all, much of the case against him rests on the word of a convicted drug dealer and known drug addict turned informant. Should we trust someone like that? Even if his charges are backed up by outside evidence, including the search warrants he allegedly lied on?

We still have the raids on merchants, where Jeffrey Cujdik and Thomas Tolstoy, among others, disabled surveillance cameras and took money and property from store owners. This is not a “he said/they said” situation: for God’s sake, these men are on video committing these acts! And those acts weren’t just violations of department policy: if you or I stole stuff from a bodega, we’d be prosecuted.

But Jeffrey Cujdik, Thomas Tolstoy, Robert McDonnell Jr., and Richard Cujdik (Jeffery’s brother) are walking away without charges and with back pay for right now.

Why?

Why do the good citizens of Philadelphia tolerate this? Why are the Philadelphia Police Department and the Philadelphia Fraternal Order of Police not being treated as criminal gangs? There’s evidence that both organizations attempted to intimidate witnesses to Cujdik and Tolstoy’s conduct; where are the RICO charges? Where are any criminal charges?

I know what Lawrence will probably say the answer is: the mayor of Philadelphia is an African-American Democrat, and the Obama administration is unlikely to bring charges against the police department that would embarrass him. Perhaps this is the case. I’m pretty cynical, but I haven’t quite reached that level of cynicism yet.

Busted is a good story. I just wish it was a more satisfying one, with a better ending.

You’re going down in flames, you tax-fattened hyena! (#12 in a series)

Thursday, May 8th, 2014

The indictment unsealed against Councilman Ruben W. Wills, a Democrat who represents southeastern Queens, included multiple counts of fraud and grand larceny in connection with more than $30,000 in public funds that went missing from a charity Mr. Wills used to run. It also accused Mr. Wills and a relative, Jelani R. Mills, who was also arrested, of conspiring to steal public campaign funds by creating a fraudulent business.

Heh. Heh. Heh. The charity in question was “New York 4 Life”, which the paper of record describes as an “anti-obesity charity”.

According to the authorities, Mr. Wills obtained a $33,000 state grant to start up New York 4 Life. The money was earmarked to the group by former State Senator Shirley L. Huntley of Queens, who was later sentenced to prison in a separate corruption investigation.

On an unrelated note: former State Assemblyman Brian McLaughlin had his prison term reduced from ten years to six. I enjoy the NYT lead:

There may have been more corrupt politicians in New York than former State Assemblyman Brian M. McLaughlin, even though he admitted stealing from his campaign, the state government, labor unions, even a Little League program in Queens.

He stole from the Little League? He took money from kids? Why reduce his sentence?

Answer: because he flipped.

Mr. McLaughlin’s assistance, prosecutors said in court papers, helped them win convictions for bribery and corruption against State Senator Carl Kruger, Assemblyman Anthony S. Seminerio and David Rosen, the chief executive of the nonprofit MediSys Health Network.

Notes from the legal beat: May 7, 2014.

Wednesday, May 7th, 2014

Hand to God, I thought this was a joke at first: Bernie Tiede, who killed his “long-time companion” Marjorie Nugent and inspired Richard Linklater’s movie “Bernie”, has been freed from prison.

Special Judge Diane DeVasto agreed to let Tiede live with filmmaker Richard Linklater, who co-wrote and directed the movie and volunteered to take Tiede into his Austin home. Tiede will be under strict bond conditions.

In other news:

The decades-old murder convictions of three half brothers whose arrests were facilitated by a now discredited homicide detective were vacated in State Supreme Court in Brooklyn on Tuesday, as prosecutors acknowledged that the men had been deprived of fair trials because of a questionable witness.

And who was the “now discredited homicide detective”? Louis Scarcella. (I’m starting to think I need a “Scarcella” sub-category. And maybe an NYPD one as well.)

Obit watch: May 2, 2014.

Friday, May 2nd, 2014

The NYT is reporting the death of Walter R. Walsh on Tuesday at the age of 106.

I linked to the American Rifleman‘s profile of Mr. Walsh some time ago. That article is still up, and I commend it to your attention.

On Oct. 12, 1937, Mr. Walsh was in the sporting goods store Dakin’s in Bangor, Me., posing as a gun sales clerk and waiting for Public Enemy No. 1, Alfred Brady, and two gunmen, James Dalhover and Clarence Lee Shaffer.
Wanted for four murders, 200 robberies and a prison breakout, they had been in the store days earlier and were returning for Thompson submachine guns. But a large force of federal agents and state and local police officers were waiting in ambush, hidden in cars, storefronts and offices across the street.
The gang’s car drew up at 8:30 a.m. Dalhover got out and entered the store. He was immediately seized and disarmed by Mr. Walsh and taken to the back by other agents. Shaffer and Brady, sensing something was wrong, emerged with guns drawn.
Mr. Walsh, meanwhile, approached the store’s front with a .45 in his right hand and a .357 Magnum in his left. But as he reached the door he realized he was looking through the plate glass at Shaffer. The glass exploded as both men fired simultaneously.
Shaffer fell, mortally wounded, to the sidewalk. Mr. Walsh, although hit in the chest, shoulder and right hand, stepped outside firing his Magnum at Brady, who was cut down in a thundering fusillade from all sides as he shot back wildly. Witnesses said he was still moving as Mr. Walsh put another bullet in him.

Edited to add: tribute from the American Rifleman.

Banana republicans watch: April 29, 2014.

Tuesday, April 29th, 2014

Richard White Piquette admitted in a document filed in federal court last week that he manufactured a Noveske Rifleworks N-4 .223-caliber rifle with an eight-inch barrel. Under federal law, the rifle’s barrel length should have been at least 16 inches, said Thom Mrozek, a spokesman for the U.S. attorney’s office in Los Angeles.

So what?

Mr. Piquette is a deputy with the LA County Sheriff’s Office.

Mr. Piquette also has admitted to possessing a shotgun “that had been stolen from the Sheriff’s Department” and “three assault weapons that are banned under California law”.

“A lot of these criminals are carrying these types of weapons on the street,” [Ronald] Hedding [Piquette’s lawyer] said, adding that Piquette was a jail deputy but had done training stints on patrol.

Really? There’s a lot of short barreled ARs on the streets of LA? I’d love to see some evidence of that.

Hedding said he believed it was common practice for sheriff’s deputies to have weapons like the ones his client possessed.

Then again, given that this is the “first plea agreement by one of 20 sheriff’s officials charged or indicted since December”, Hedding may be right, and the “criminals” who are carrying these types of weapons on the street work for the LA County Sheriff.

Cue the sad tiny violins…

Thursday, April 17th, 2014

Second day story on the Robert “Ratso” Rizzo sentencing. Not much new, but linked here for the historical record.

He developed a reputation as a micromanager who pinched pennies even as he burnished the city’s image, adding a miniature golf course and pristine playing fields.

Okay, the miniature golf course is the first good thing I’ve heard about him.

Taylor said most of Rizzo’s money and assets appeared to have been squandered on real estate investments and about 30 racehorses that would have cost more to care for than what they were worth.

I knew about Ratso’s horse racing, but “more to care for than what they were worth”? Hadn’t heard that before.