If this had happened in New York City, I’d blame Julie Taymor, Bono, and The Edge.
Archive for the ‘Law’ Category
Spider-Man, Spider-Man…
Monday, April 29th, 2013Letter from Travis County Jail.
Sunday, April 28th, 2013Travis County DA Rosemary Lehmberg says she’s not going to run for re-election in 2016. She also says she plans to seek “professional help and guidance” once she’s released.
It may seem that I’ve been gloating about this case. I’m not. Truthfully, I feel bad for Ms. Lehmberg. I’m not an expert in substance abuse, but if she had blown a .09, I could chalk that up as the kind of mistake anyone could make. Driving around with a .239 BAC and an open bottle of vodka in the passenger seat makes me think there’s a problem. I respect Ms. Lehmberg for standing up and taking responsibility for her actions – including entering a guilty plea right away, rather than forcing a trial and all the conflicts that would result from her office prosecuting her. I think she’s doing the right thing by seeking professional help.
But I also feel that her actions have compromised the office. And as I’ve said before, the law is the law, and says she can be removed from office for intoxication. There’s no “good person” exception.
I hope Ms. Lehmberg gets help, and I hope she remains a respected member of the Travis County legal community. I hope she uses this experience to help other people in similar situations. But I believe she needs to do so as a defense lawyer, not as an elected prosecutor.
Random notes in great haste: April 27, 2013.
Saturday, April 27th, 2013Heading out to the gun show, and then a ceremony at the university later on. Busy day coming.
The mayor of Patton Village, Texas, is no longer the mayor of Patton Village.
She was removed from office by the judge shortly after her conviction. Ms. Munoz still faces charges of tampering with government records: she was convicted of a felony in 1979, but lied about that conviction when she ran for mayor.
(Previously. Previously.)
Obit watch: the late great George Jones. NYT. LAT. A/V Club.
Radio silence.
Thursday, April 25th, 2013There just hasn’t been much newsworthy in the past day or so. I’m having trouble working up energy to write about TMQ’s mock draft column (further proof that Easterbrook is more funny to himself than he is to real people). I’m also having trouble with the latest Travis County DA development:
“Hey, Rosemary? Betty. How are you doing?”
“Oh, I’m so glad to hear that. Listen, Rosemary, I need a favor.”
“Well, Rosemary, I’ve got this client…”
“Look, Rosemary, when you were in jail and needed a hand, I stood up for you. Now you’re not willing to help me out with a little deal here?”
This is exactly the kind of thing I was afraid was going to happen. And, you know, I’m not sure it makes a difference. The petition to remove Lehmberg is based on the law, and the law says you can get thrown out for being intoxicated. Lehmberg’s confessed to DWI. As far as I know, the law doesn’t say you can get thrown out for being intoxicated unless you get a bunch of your friends to testify about what a great person you are.
Anyway, instead of content, have a couple of photos.
This is the Austin skyline, facing south from the 27th floor observation deck of the Main Building at the University of Texas. (Yes, that observation deck.) Taken at 1/60 and f/22, with the Nikon 55-200 VR zoom at 55mm. Just to the right of the Capitol, you can see the Frost Bank Tower, or as some of us like to call it, “the nose hair clippers”.
This is the upper portion of the Capitol, taken at 1/30 and f/22 with the same zoom at 200mm, and cropped some in iPhoto.
Know when to fold up…
Tuesday, April 23rd, 2013Texas, like some other states, has a sunset law. In short, and with certain exceptions, every state agency is subject to being abolished 12 years after it is created, or after the Legislature votes to continue the agency’s existence. In order for an agency to keep going, the Legislature has to pass a law authorizing the agency to continue.
Earlier this afternoon, the Texas House voted 65-81 against a bill that would continue the operations of the Texas Lottery Commission. From what I can tell, this would effectively end the state lottery (and “all charitable bingo, including games at churches and veterans’ halls”).
This is…unexpected. Reading the Statesman‘s coverage, it looks like a lot of the legislators voting against the bill have philosophical problems with the idea of a state lottery. Of course, if they do away with the lottery, that blows a $2 billion hole in the state budget, so there’s a chance that the ledge might reconsider. But for right now, this looks like this year’s “pass the popcorn” Texas Legislature moment.
Edited to add: Well, isn’t this special? The House took a lunch break not long after the vote. Then they came back and voted again: this time, the bill continuing the lottery commission was approved 91-53.
Firings, obits, and other things: April 23, 2013.
Tuesday, April 23rd, 2013Firings: Mike Dunlap, Charlotte Bobcats head coach. One season, 21-61.
Obits: Richie Havens. NYT. LAT. A/V Club.
E. L. Konigsburg, noted author (From the Mixed-up Files of Mrs. Basil E. Frankweiler
This is one of those little tidbits that I find fascinating: “From the Mixed-Up Files…” won the Newbery Medal in 1968. That was Ms. Konigsburg’s second book. Her first book, Jennifer, Hecate, Macbeth, William McKinley, and Me, Elizabeth
There will probably be more to say about this tomorrow, but Allan Arbus has also passed away.
In other news, while I was out and about having fun, Lawrence was working. Specifically, he’s been posting video of the Travis County DA being arrested for DWI, and of the DA in jail.
And what do I have to offer to compare with that? Pictures, maybe?
Here we see the elusive Mike the Musicologist. While Jim attempts to throw a net over him, let me tell you about Mutual of Omaha…
And one for my great and good friend Weer’d Beard: ducks!
DAs Gone Wild!
Friday, April 19th, 2013Order now! Only $19.95!
More:
And updating: in addition to the 45 days in jail, she was fined $4,000 and her license has been suspended for 180 days.
I know what you’re wondering: who will run the show while she’s doing hard time? Answer: “operational aspects of the office will be handled by senior staff“.
But DA Lehmberg isn’t the only local DA who has run aground on the shoals of the law. And at least she didn’t hurt anybody.
I did not write a lot about the Michael Morton case and the court of inquiry into Anderson’s conduct because…well, I was a little distracted at the time, the case is complex, and it was being well covered by other people. Texas Monthly did a two-part series on the case itself, and covered the court of inquiry as well.
The short version of the story: Morton came home from work one day in 1986 and found his wife had been murdered. Morton was charged with and convicted of her murder, and served 25 years in prison. In 2011, DNA testing established another man committed the crime: Morton was released from prison, exonerated, and the other man was convicted of the murder in late March of this year. During the proceedings leading to Morton’s release, there were accusations that Anderson and the Williamson County DA’s office had intentionally withheld evidence from Morton and his defense during the original murder trial: these accusations resulted in the court of inquiry and the charges against Anderson.
Breaking!
Friday, April 19th, 2013Not Boston: Travis County DA Rosesmary Lehmberg has pled guilty to DWI and been sentenced to 45 days in jail.
The Statesman reports she had a 0.23 BAC when she was stopped. The significance of this:
Random notes: April 19, 2013.
Friday, April 19th, 2013Heard on the CBS coverage: “How do you lock down an entire city?” (Nobody had a really good answer to that question.)
More:
(CBS, or the local CBS affiliate – I’m not sure which – just ran a commercial featuring an exploding air conditioner. Bad timing, guys.)
I may come back to this later. I want to do some research and possibly talk to Lawrence. In other news:
Jimmy Haslam recently bought the Cleveland Browns. Haslam made a pile of money off of the Pilot Flying J chain of truck stops and “travel centers”. Yesterday, the FBI raided the Pilot Flying J headquarters:
More:
The Browns just can’t catch a break, can they? It will be interesting to see how this plays out as we get closer to the NFL season.
(Heard on CBS: “I was going into this thinking there was some connection to somewhere.” No s–t, Sherlock.)
Edited to add: Since folks are distracted by Boston at the moment, let me note here: the confirmed death toll in West stands at 12.
According to the association, one of those firefighters was from Dallas: all of the others were volunteer firefighters with the West Fire Department.
Random notes: April 18, 2013.
Thursday, April 18th, 2013NYT headline:
(I am still thinking about fisking the NYT Internet sales piece, but I’ve been tied up and haven’t had a chance. I might get to it tonight, if I decide to go through with it.)
The NYT is reporting that Kim Lene Williams, who was arrested yesterday and charged in the Kaufman County DA killings, is rolling on her husband.
I Am Not A Lawyer, but this did get me to wondering. Rule 504 of the Texas Rules of Evidence covers spousal privilege:
So she doesn’t have to testify against her husband, but she can if she wants to. And it sounds like she will, especially since she apparently wasn’t the actual trigger puller and can probably make a deal. (It sounds like whatever deal she does make will end up with her dying in prison, since the paper of record reports she’s 46 years old and has chronic health problems.)
Note from the art beat.
Wednesday, April 17th, 2013Hillel Nahmad owns the Helly Nahmad Gallery in Manhattan. The Nahmad family is kind of a big deal in the art sales world.
The Helly Nahmed Gallery was raided by the FBI yesterday. Hillel Nahmed is charged with…
Mr. Nahmed is also charged with “defrauding an unnamed person by selling him a painting for $300,000 when it was worth only $50,000.”
Also indicted: “Alimzhan Tokhtakhounov, 64, whom prosecutors describe as the leader of a Russian organized-crime gang.”
In addition to the new charges against him in this case,
More:
The United States attempted to extradite Mr. Tokhtakhounov from Italy, but the extradition order was overturned by the Italian courts, and Mr. Tokhtakhounov has never been tried on that charge.
Random notes: April 17, 2013.
Wednesday, April 17th, 2013“anyone who has lived in Travis County for six months” and “is not currently under indictment”.
Heh. Heh. Heh. Personally, I would have waited until she was actually convicted, but that’s just my strategic thinking.
(Hattip: Lawrence.)
The “not yet named as a suspect” in the Kaufman County DA shootings had “more than 20 guns” in a storage unit. Or, as we call that in Texas, “just about average”.
And the firearms included two or three handguns and seven assault rifles.
I’d like to see these “assault rifles”; I don’t trust the NYT to know which end the bullets come out of.
Edited to add: Well. Well, well, well. Well. How about that Aryan Brotherhood?
Speaking of trusting the NYT on guns:
More:
The Times assembled a database and analyzed several months of ads from Armslist
Whooop! Whoop! Journalist with a database alert!
I have to head out the door shortly, but may come back to this NYT article later on.
Obit watch: Pat Summerall.
Random notes: April 16, 2013.
Tuesday, April 16th, 2013So here’s the latest on Travis County DA Rosemary Lehmberg: she says she plans to plead guilty to the DWI charge and accept whatever punishment the court gives her. No word on whether she’s going to hire a lawyer or act as her own attorney.
But. There’s a catch.
“anyone who has lived in Travis County for six months” and “is not currently under indictment”. You don’t say.
And I said “What about ‘Breakfast At Tiffany’s’?”
And Patrick Healy said “Closing on Sunday.”
Edited to add: Joe Huffman, the man behind Boomershoot and someone who knows his way around explosives, has some informed speculation on what might have been used. Short version: it doesn’t look like a commercial or military grade explosive.
Speaking of crimes, remember the Kaufman County DA killings? Remember how people were suggesting the Aryan Brotherhood was involved? Yeah. About that.
Phone blogging stinks.
Saturday, April 13th, 2013Travis County DA arrested for DWI. More later.
Edited to add 4/14: Longer story from the Statesman.
…
Speaking of guns…
Tuesday, April 9th, 2013…stolen from my great and good friend RoadRich:
The only thing I’d add to that is that I’m waiting for the victims of this particular act of violence to show up at a State of the Union address and testify before Congress, etc. etc. etc.