Archive for the ‘Law’ Category

Legal update part 1.

Friday, January 3rd, 2014

The lawsuit by Alexander Calder’s heirs against his former dealer has been dismissed.

In a decision dated Dec. 23, Judge Shirley Werner Kornreich wrote that “all of these allegations are so patently inadequate that the court can only conclude that they were brought solely for the purposes of harassment or embarrassment, without any consideration of their legal sufficiency.”
The judge also invoked the statute of limitations, writing that the plaintiffs were trying to litigate issues that stretched back “decades without any personal knowledge or contemporaneous records, where nearly all of the people who had personal knowledge of the facts are dead.”

(Previously.)

(I expect to have a second legal update later today; I’m just waiting on events.)

Random notes: January 3, 2014.

Friday, January 3rd, 2014

WE’RE ALL GOING TO DIE!*

(* Offer not valid outside of New York City.)

I’m not sure I understand the point of this article. Ostensibly, it is about the supposed economic impact on the neighborhood businesses of “Spider-Man: Turn Off the Dark” closing.

But even a full house at the 1,930-seat Foxwoods, the biggest Broadway theater, is just a drop in the bucket of the roughly 400,000 people moving through Times Square daily at this time of year.
And it can be hard to determine just where audience members for “Spider-Man” — some 89 percent of whom are from out of town, according to the show’s most recent research — have been spending their dollars, though some businesses popular with tourists seeking a classic Broadway experience say the show’s absence will be felt.

So it doesn’t seem like the NYT has any way to quantify the impact, just a bunch of anecdotes from businesses in the neighborhood. Some of them expect reduced business, others say they expect people (especially actors) to keep showing up. Is there a point?

Strippers. Always with the strippers.

The new agreement freed the 16 clubs involved in the lawsuits from abiding by the 1997 law and required the owners to contribute $1 million annually to a unit in the Houston Police Department devoted to fighting human trafficking. But a number of religious leaders and advocates for sex-trafficking victims have opposed the deal. They said it sent the wrong message about Houston’s tolerance for such entertainment, and allowed the 16 clubs to buy their way out of complying with the law. The Houston Area Pastor Council is considering suing the city over the agreement.

Is that $1 million from each club, or $1 million total? And is it just me, or is there something odd about private businesses giving money to the police department to enforce the law?

Random notes: December 28, 2013.

Saturday, December 28th, 2013

Desert Hot Springs, California is in trouble.

Turn north, and you make your way up an arid stretch of road to a battered city where empty storefronts outnumber shops, the Fire Department has been closed, City Hall is on a four-day week and the dwindling coffers may be empty by spring.

Why? I’ll give you one guess.

Here, under the budget enacted last spring, about $7 million of the city’s $10.6 million annual payroll went to the 39-member police force. The situation was so dire that an audit, compiled weeks before municipal elections in November but not made public until later, showed that Desert Hot Springs was $4 million short for the year and would run out of money as early as April 2014.

Last week, the city cut all municipal salaries, including those of the police, by 22 percent. The city also capped “incentive pay” and cut back on holiday and vacation days. Naturally, the police officer’s association is stating these cuts are illegal.

Police officers here, as in many California cities, can retire as young as 50 with 30 years of service and receive 90 percent of their final salary every year — drawing those pensions for decades. Police unions say the fault lies with state and local politicians who failed to adequately fund the pension system over the years, and inflated benefits during boom years. Others wonder whether such salaries and pensions were ever affordable, particularly in cities as small and struggling as this. In Desert Hot Springs, for example, for every dollar that the city pays its police officers, another 36 cents must be sent to Calpers to fund their pensions.

Desert Hot Springs has a current population of around 27,000.

The average pay and benefits package for a police officer here had been worth $177,203 per year, in a city where the median household income was $31,356 in 2011, according to the Census Bureau. All of this had gone largely unnoticed until becoming the center of debate during the recent municipal election.

Oh, and by the way: Desert Hot Springs filed for bankruptcy in 2001, and is still making payments on a $10 million civil judgment against the city.

But, you know, the police aren’t the only people who get large salaries.

An examination of tax records, contracts and other documents by The New York Times found that hefty stagehand salaries at many New York nonprofit performance institutions are more widespread than was previously known.

You don’t say.

At nine top such institutions that have contracts with Local 1, stagehands make up 36 of the 98 most highly compensated employees, or about 37 percent. The average annual total salary and benefits of those highest-paid stagehands, at places from the Metropolitan Opera to the Roundabout Theater Company, is nearly $310,000, according to the nonprofits’ most recent tax filings.

That’s good money. I wonder when they can put in for retirement.

Backstage workers can earn more than the onstage talent. Five stagehands at the David H. Koch Theater at Lincoln Center were each paid more in total compensation in 2011 than the highest-paid dancer at New York City Ballet, filings showed. And, in 2010, “Spider-Man: Turn Off the Dark” paid its stagehands a total of $138,000 a week, while the principals and members of the ensemble earned slightly less than $100,000 put together, according to documents submitted to the state attorney general’s office.

The paper of record seems to want readers to be shocked and appalled at how much stagehands are paid. Personally, I’m glad to hear that they’re making big money; I think they have every right to negotiate lucrative contracts with their employers, and I don’t see any reason to be indignant that “the four top stagehands at the Metropolitan Opera earned more than $500,000 each in total compensation (including retirement and other benefits), tax filings showed.“

Holmes for the Holidays.

Friday, December 27th, 2013

Here’s a nice little Christmas present – slightly late, but who cares? (I celebrate Christmas through January 6th, anyway.)

A federal judge has issued a declarative judgment stating that Holmes, Watson, 221B Baker Street, the dastardly Professor Moriarty and other elements included in the 50 Holmes works Arthur Conan Doyle published before Jan. 1, 1923, are no longer covered by United States copyright law and can be freely used by creators without paying any licensing fee to the Conan Doyle estate.

(Previously on WCD.)

The story you are about to hear is true.

Monday, December 23rd, 2013

The names have not been changed to protect the innocent.

One night in 1962, a young police officer was working Vice out of Wilshire Division.

We were trying to bust after-hours drinking spots engaging in illegal alcohol sales, prostitution and drug activity. I had been the undercover operator on a recent takedown, and on this particular night our sergeant and one vice team were trying the same tactic on a second persistent offender, this time in a residential area. My partner and I, along with another vice team, were providing backup, out of sight but on the tactical radio frequency.

The vice cops pulled over a cab that had two men in it.

One of the men was Lenny Bruce. The other man was a then unknown actor named Peter O’Toole. And the vice cop was Joseph Wambaugh. Click through for the whole story.

Obit watch: December 18, 2013.

Wednesday, December 18th, 2013

Ronnie Biggs, one of the conspirators in the Great Train Robbery and (briefly) vocalist for the Sex Pistols, has passed away at the age of 84.

I have the feeling that Biggs was often viewed as a loveable rogue. This is worth keeping in mind:

They beat the driver senseless with an iron bar; the man never fully recovered from his head injuries.

As is this:

Safe from deportation, Biggs began living large, his brazenness as much a source of head-shaking admiration in his native land as of anger over his continued cheating of justice, especially after the train driver beaten in the robbery, Jack Mills, died without ever being able to return to his job.

(According to Wikipedia, Mills died from leukemia in 1970, and one of the robbers who wasn’t Biggs confessed to the beating last year. There does appear to be some question about whether that confession was truthful.)

Edited to add: more from the paper of record. And in case you are asking yourself, “Don’t they have newspapers in England?”: they do, but I haven’t found one I trust that doesn’t have the Biggs obit behind a pay wall.

New metaphor needed. Apply within.

Monday, December 16th, 2013

Last week, I asked the musical question:

Does LACSD make it a practice to hire and promote deputies who are dumber than a bag of hair?

Apparently, “dumber than a bag of hair” does not even begin to cover it.

Two Los Angeles County sheriff’s sergeants accused of lying to federal investigators by threatening to arrest an FBI agent secretly recorded the confrontation outside the agent’s home, a federal prosecutor said in court Monday.

Yes. Not only did they try to intimidate an FBI agent, they recorded themselves doing it. And the prosecution has those recordings now.

(I did give some thought, for just a moment, to the idea that this might have been an ass-covering measure. But on second thought, that doesn’t make much sense; you want to cover your butt on something like this, you record the supervisor giving the illegal order. You don’t record yourself committing the crime.)

This is intended to enrage you. (#6 in a series)

Friday, December 13th, 2013

Wednesday’s verdict in particular seemed to line up with what many of the officers on trial have argued: that these were unique events under extreme circumstances rather than, as the Justice Department and even some city officials have insisted, symptoms of a much deeper and broader dysfunction within the police force.

These “unique events under extreme circumstances” include shooting an unarmed man, beating and handcuffing three other men who drove the shooting victim to a police station, driving their car to a levee, and setting the car on fire with the shooting victim inside.

These “unique events under extreme circumstances” also include shooting even more unarmed people and covering those shootings up as well.

You’re going down in flames, you tax-fattened hyena! watch (#6 in a series)

Friday, December 13th, 2013

This is especially tasty. Robert “Ratso” Rizzo, the former city manager of Bell…

…agreed Thursday to plead guilty to conspiracy to file false tax returns and to cooperate with federal authorities.

According to the LAT, Ratso claimed $770,000 in “phantom losses” on his tax returns between 2005 and 2010.

He faces a maximum of eight years in prison and a $500,000 fine on the federal charges.

Keep in mind that quotes about federal maximum sentences can be misleading. Also, the judge is going to allow Ratso to serve his time on the tax charges concurrently with the ten to twelve years he’ll already be serving on the other corruption charges he’s pled to, so it isn’t like he’s going to be in prison any longer. Still, this is good news.

And Merry Christmas to you, Angela Spaccia:

James Spertus, Rizzo’s attorney, said Spaccia will eventually be indicted and that Rizzo will testify against her.

Cheer up!

Tuesday, December 10th, 2013

After all those depressing stories of law enforcement misconduct, how about some stupid criminal stories?

Guy walks into a taqueria in San Antonio, orders six tacos, and when he’s asked to pay, demands them for free. When the staff says “No”, he threatens them with a sword.

I actually have a mugshot of the subject:

Sorry. Wrong taco lover.

Meanwhile, in Houston, David Nathan Gathright has been sentenced to six months in prison for “receiving, possessing, and concealing stolen retail merchandise”. Specifically, body wash and cologne.

According to a Harris County affidavit, a man reported seeing Gathright on Oct. 12 walking out of a Walgreens location in the 11000 block of Westheimer with 24 bottles of body wash cradled in his arms, with a total street value of $179. According to the witness, Gathright fled in a waiting vehicle.

More:

On Nov. 6, a witness at another Walgreens location in the 12600 block of S. Gessner told police he saw Gathright boosting five gift sets of cologne from a display, with a cumulative price tag of $120.
Gathright also stole a variety of cologne sets at the Walgreens at 8400 Stella Link on Nov. 15, with that heist reportedly seeing Gathright leave with $300 worth of cologne.

And:

The affidavit also notes that Gathright was a known figure at the S. Gessner Walgreens and had repeatedly made attempts to steal even more body wash and cologne.

I have to ask: if Gathright was a known figure at the South Gessner Walgreens, and had “repeatedly made attempts to steal even more body wash and cologne”, why did they even let him in the store?

There’s no mugshot of Gathright, but I picture him looking something like this:

In any case, it seems probable that Gathright will be the best smelling prisoner in state prison. (There’s an implication in the article that he had an accomplice, or at least a driver, who remains at large.)

Random notes: December 10, 2013.

Tuesday, December 10th, 2013

One bright and lovely morning in September, on the first day of school, three traffic lanes that went from the streets of Fort Lee, New Jersey, to the George Washington bridge were suddenly shut down:

Cars backed up, the town turned into a parking lot, half-hour bridge commutes stretched into four hours, buses and children were late for school, and emergency workers could not respond quickly to the day’s events, which included a missing toddler, a cardiac arrest and a car driving into a building.

The lanes were ostensibly closed for a “traffic study”:

But the workers testified that the Port Authority already collected data on how many cars traveled in each lane, so such a traffic study would have been unnecessary.
The director of the bridge, Robert Durando, testified that in 35 years at the Port Authority, he had never heard of lanes being closed down for a traffic study.

The lanes were shut down for a total of four days. The Port Authority controls the bridge, and gave the order to shut down the lanes. And the members of the Port Authority are appointed by Chris Christie.

The mayor of Fort Lee, a Democrat, complained in a letter in September that the lane closings were “punitive” — Mr. Christie, a Republican, was leaning heavily on Democratic mayors to endorse him for re-election so he could present himself as a presidential candidate with bipartisan appeal, but the mayor was not going along.

So now the New Jersey legislature is holding hearings, and it sounds like there’s very little paperwork documenting exactly why the Port Authority decided to hold a traffic study on one of the busiest days of the year. It also sounds like there’s a lot of…obfuscation, shall we say?

On the one hand, I want to give this the “NYT covers a Republican politician” discount. On the other hand, there seems to be no dispute that three access lanes to the busiest bridge in the United States were closed for four days, and not for emergency repairs. That to me is simply inexcusable; in a case like this, I would support individuals taking it upon themselves to reopen the “closed” lanes, as well as the liberal application of tar and feathers.

Speaking of tar and feathers, here are some excerpts from yesterday’s testimony in the Kelly Thomas trial that are designed to enrage you:

“That would not be good proper police procedure,” [John A. ] Wilson [testifying as a “use of force expert” – DB], a 26-year FBI veteran, said when asked hypothetically about a suspect being hit on the head. Such a blow “is going to cause serious bodily injuries.”

Prosecutors maintain that Thomas was struck repeatedly in the face with the front of [Jay] Cicinelli’s Taser and that the injuries contributed to his death. Audio from the night captures Cicinelli saying he hit Thomas 20 times in the face with his stun gun.

Wilson also testified that when the video captures [Manuel] Ramos putting on latex gloves and threatening to punch Thomas, it was a show of force by Ramos: “It indicates there’s going to be contact made, or blood or some body fluid may be exposed as a result of a violent contact.”

In the video, Ramos puts on the gloves and tells Thomas, “See these fists? They’re getting ready to [expletive] you up.”

Wilson said officers should have stopped hitting Thomas after he started complaining that he couldn’t breathe and a pool of blood started forming on the concrete.

Morning coverage of the Spaccia conviction:

Spaccia probably faces a sentence similar to the 10 years to 12 years in prison that her former boss, Robert Rizzo, is expected to receive, prosecutors said. Rizzo pleaded no contest to 69 corruption charges in October.

I promised more coverage of the LA County Sheriff’s Department indictments, but I’d be doing it anyway. There is a lot of “Wow” going on here.

The indictments allege two assaults on inmates and three on people who visited the jail. They also include claims that deputies wrote false reports to justify using force and conducted illegal arrests and searches of jail visitors.
A sergeant who supervised deputies in the visiting area of Men’s Central Jail was accused of encouraging violence and reprimanding employees “for not using force on visitors … if the visitors had supposedly ‘disrespected'” jail deputies, according to an indictment.

Remember, these aren’t inmates (not that it would be any better if they were): these are visitors. But wait, it gets better:

In one case, prosecutors say, an Austrian consul official trying to visit an Austrian inmate was arrested and handcuffed even though she had committed no crime and would have been immune from prosecution, the indictment said.

There’s even more. A crooked jailer smuggled a cell phone in for an inmate who was an FBI informant.

After the discovery, sheriff’s officials moved the inmate — identified only as “AB” in the indictment — and changed his name. They then altered the department’s internal inmate database to falsely say he had been released, prosecutors allege. Deputies continued to isolate the inmate even after federal authorities had told sheriff’s officials that a judge had ordered the inmate’s appearance before a grand jury, the indictment states.

Can you say, “obstruction of justice”? I knew you could. But it gets even better:

Stephen Leavins, a lieutenant in the unit that handles allegations of criminal misconduct against sheriff’s employees, was accused of directing two sergeants to confront an FBI agent working on the investigation outside her home. The sergeants — Scott Craig and Maricella Long — falsely told the agent that a warrant was being prepared for her arrest, prosecutors said in court records.

They tried to intimidate an FBI agent? Does LACSD make it a practice to hire and promote deputies who are dumber than a bag of hair?

For a while now, I’ve felt like the HouChron is trying to become more like BuzzFeed; if you look at their website, there’s a huge emphasis on slideshows and listicles. I generally don’t like linking to that crap (though the slide shows of fair food are often interesting) but here’s an exception: historical photos of Bonnie and Clyde. The HouChron isn’t kidding around with the “graphic photos” warning, either; there are a couple of photos of Bonnie and Clyde after the shootout. (There’s also some nice photos of a couple of their guns, if you’re into that sort of thing.)

(Yeah, it is tied to the mini-series, which I didn’t watch, but the photos are still interesting on their own.)

Edited to add: Grammar question. “A FBI agent” or “An FBI agent”? “A FBI informant” or “An FBI informant”?

You’re going down in flames, you tax-fattened hyena! watch (#5 in a series)

Monday, December 9th, 2013

Breaking news: Angela Spaccia has been found guilty of at least some of the charges against her. This is so breaking, I don’t even have a link yet; just the banner on the LAT homepage. Updates to come. In the meantime…

Edited to add: guilty on 11 out of 13 charges.

After eight days of deliberations, jurors convicted Angela Spaccia of multiple counts of misappropriation of public funds, conflict of interest and secretion of the official record. The jury was unable to reach a verdict on one count of misappropriating public funds and found her not guilty on one charge related to secretion of public records.

Nothing yet on how much time she might be facing, but remember: both she and Robert “Ratso” Rizzo “also are expected to face federal charges of conspiracy to commit tax fraud“. The fun never stops in sunny California.

I expect I will have some more to say about this tomorrow, along with some of today’s other news from the Banana Republicans: “striking a suspect in the head with an impact weapon is considered deadly force and is not acceptable police procedure“, and a bunch (18 to be exact) of folks with the Sheriff’s department have been indicted on federal charges “that deputies beat jail inmates and visitors without justification, unjustly detained people and conspired to obstruct a federal investigation into misconduct at the Men’s Central Jail.”

Burning airlines give you so much more.

Saturday, December 7th, 2013

Roberta X has a funny post up about the misadventures of a tank. (Not a tank car, or a tank of gas; a honest-to-goodness Chieftain tank.) You should really go read it when you get a chance.

This post is about something I found while reading the original tank story:

Evergreen International Airlines Inc., the troubled McMinnville-based cargo carrier, flew its final military flight last Friday and all remaining aircraft are now parked, according to a pilots’ union memo obtained by The Oregonian.

Evergreen International Airlines? Never heard of them? Why should you care?

Closure of the company — originally scheduled for last Saturday, but denied as false rumor by founder Delford Smith – would end a storied, three-decade history for the airline whose baggage includes close ties with the CIA. Evergreen once operated a global fleet of Boeing 747 cargo jets, running round-the-world flights and keeping a plane on standby for secret U.S. military missions.

Oh, so they were tied to Air America? Interesting. But there’s more. Evergreen, when times were good, put some money into non-profit organizations. One of those organizations is the Evergreen Aviation and Space Museum, which is notable for having a SR-71 and the Spruce Goose.

Managers say the attractions will remain open. But the Oregon Department of Justice is investigating them for alleged commingling of funds between Evergreen’s profit and nonprofit arms, and Smith may have put up some of the planes in the museum as collateral being claimed by creditors.

Oh, dear. Wikipedia has Evergreen shut down as of November 30th:

Hines told The Oregonian Monday the company was still operating and managers hoped to save it. But an airline can’t function after letting go its operations director and closing its dispatch center, which workers and former employees say occurred at McMinnville headquarters Monday.

So what’s going to happen? Will they sell off the planes? Would you like to buy a 747 used by the CIA? (More seriously, Evergreen also has a 747 that’s been modified for firefighting purposes.)

…former managers say Evergreen has long depended on heavy borrowing, leasing most or all of its aircraft and engines, many of which are now being claimed by creditors.

And even better:

Creditors seeking millions of dollars in damages have filed numerous lawsuits, some of which have produced default judgments as Evergreen lawyers fail to show up in court.

I wonder if the lawyers aren’t showing up because they’re not getting paid.

However, Evergreen does have a FAA issued “airline certificate”. I’ll admit, I’m a little fuzzy on the whole “certificate” thing (RoadRich, you out there somewhere?), but as best as I can put it together, the “airline certificate” gives you FAA authorization to run an airline.

Unless Smith has already sold the rights separately, Evergreen’s certificate may include authority for the holder to fly cargo routes to and from Asia, Latin America and elsewhere. At one time Evergreen had authority to fly almost anywhere, and it may still.

So to heck with buying a 747, you can have an entire airline and fly almost anywhere in the world!

However, a buyer could only acquire the certificate if it bought the airline, which would come with mountains of debt.

Oh. Also, with the certificate and the airline, you also get the pilot’s union, which may or may not be a problem, given that Evergreen is $1.4 million behind in contributions to the pension plan.

But other than those minor issues, this sounds like a great chance to make a small fortune in the aviation industry. That is, if you have a large fortune to start with.

Hymn of the Hunter.

Saturday, December 7th, 2013

Reverend John J. Hunter’s defamation lawsuit has been dismissed.

I’ve written about this previously. In brief, Rev. Hunter was the former pastor of the very large and influential First AME church, but was removed from that post and sent over to the Bethel AME church, which didn’t want him either.

First AME filed its own lawsuit against Hunter, who served as pastor for eight years, shortly after he was removed from the church. The lawsuit alleges embezzlement and misappropriation of church funds. That case is currently in litigation.

Ja, das ist ein Wienerschnitzel.

Wednesday, December 4th, 2013

Over the decades, the city of Los Angeles has named more than 1,000 noteworthy spots as architectural and historic landmarks: the Egyptian Theater in Hollywood, the Theme Building at LAX, the entry gates of Chinatown.

The latest entry into the pantheon of architectural and historic landmarks?

The very first location of Der Wienerschnitzel.

Now I’m kind of hungry.