Archive for the ‘Law’ Category

Know when to fold up…

Tuesday, April 23rd, 2013

Texas, 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, 2013

Firings: 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). NYT. LAT.

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 was the runner-up that year. (She won a second Newbery medal in 1997 for The View from Saturday.)

Mrs. Konigsburg, who spent a year teaching high school science, was an unabashed information-pusher. Children’s books, she once said, are “the key to the accumulated wisdom, wit, gossip, truth, myth, history, philosophy, and recipes for salting potatoes during the past 6,000 years of civilization.”

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?

IMG_0607

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!

ducks

DAs Gone Wild!

Friday, April 19th, 2013

Order now! Only $19.95!

Lehmberg had been placed in an isolation cell for protective custody but she refused several orders to stop kicking the cell door and was put in “the emergency restraint chair,” the records say.

More:

According to an inmate incident report, Lehmberg also resisted a pat-down, refused to comply with officers, tried to scratch and grab an officer’s hand and yelled.
She was handcuffed and “leg-ironed,” according to the report.

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.

Former Williamson County District Attorney Ken Anderson was ordered arrested and booked into jail for the “intentionally harmful act” of hiding favorable evidence to secure Michael Morton’s 1987 conviction for murder, the court of inquiry found.
“This court cannot think of a more intentionally harmful act than a prosecutor’s conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence,” District Judge Louis Sturns ruled.

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, 2013

Not 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:

First-offense drunken driving is a Class B misdemeanor, punishable by as much as six months in jail and a $2,000 fine. But last legislative session, lawmakers upped the charge to a Class A misdemeanor if a suspect’s breath or blood test shows a blood alcohol level of 0.15 or above. A Class A misdemeanor carries a sentence of up to a year in jail and a $4,000 fine.

Random notes: April 19, 2013.

Friday, April 19th, 2013

Holy crap!

Heard on the CBS coverage: “How do you lock down an entire city?” (Nobody had a really good answer to that question.)

Ten officers were being evaluated at St. Elizabeth’s Medical Center in Brighton early this morning, according to a source, who said the officers said they were hurt from grenades being thrown from the window of a car during a car chase.

More:

“It was more than gunshot wounds,’’ Wolfe told reporters about 5:30 a.m. today. “It was a combination of injuries. We believe a combination of of blasts, multiple gunshot wounds.”
Wolfe said it looked like the man had been hurt by an “explosive device’’ and that the man was struck by “shrapnel.’’ The man was pronounced dead at 1:35 a.m. The hospital officials said they did not know his name.

(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:

As a result of last week’s settlement in the legal battle over Broadway’s “Spider-Man: Turn Off the Dark,” Ms. Taymor’s directing credit on the musical has been enhanced – and it is now listed above the credit for Philip Wm. McKinley, who replaced Ms. Taymor after its producers fired her in March 2011.

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:

A 120-page affidavit for a search warrant filed in U.S. District Court in Knoxville, Tenn., says Pilot Flying J sales employees withheld fuel price rebates and discounts from certain companies to boost the profitability of the company and increase their sales commissions. The affidavit says FBI and IRS agents are investigating charges of conspiracy, mail fraud and wire fraud.

More:

The document says “the rebate fraud has occurred with the knowledge of Pilot’s current President Mark Hazelwood and Pilot’s Chief Executive Officer James A. “Jimmy” Haslam III, due to the fact that the rebate fraud-related activities have been discussed during sales meetings in Knoxville, Tenn., in which Hazelwood and Haslam have been present.”

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.

The State Firemen’s and Fire Marshals’ Association said Friday morning that it believes 11 firefighters died in the explosion, including four who were emergency medical service personnel.

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, 2013

NYT headline:

Gun Control Effort Had No Real Chance, Despite Pleas

(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.

According to an affidavit filed by the authorities, Ms. Williams confessed to her involvement in the shootings in an interview with investigators on Tuesday, and told them that her husband had been the one who shot Mr. Hasse in January and Mr. McLelland and his wife in March.
During her interview, she supplied investigators with details of both shootings that had not been made public. One law enforcement official confirmed that Ms. Williams was not a gunman in the murders, but had been the driver, and had also used the storage unit where Mr. Williams had kept a car and more than 20 guns.

I Am Not A Lawyer, but this did get me to wondering. Rule 504 of the Texas Rules of Evidence covers spousal privilege:

In a criminal case, the spouse of the accused has a privilege not to be called as a witness for the state. This rule does not prohibit the spouse from testifying voluntarily for the state, even over objection by the accused. A spouse who testifies on behalf of an accused is subject to cross-examination as provided in rule 611(b).

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, 2013

Hillel Nahmad owns the Helly Nahmad Gallery in Manhattan. The Nahmad family is kind of a big deal in the art sales world.

Despite sneers from some of their more staid peers who have accused them of unfairly negotiating special terms with auction houses, they are among the most powerful, wealthy and colorful members of the elite global club of fine art dealers.

The Helly Nahmed Gallery was raided by the FBI yesterday. Hillel Nahmed is charged with…

…playing a leading role in a far-flung gambling and money-laundering operation that stretched from Kiev and Moscow to Los Angeles and New York.
The case features a wide cast of characters, including a man described as a Russian gangster accused of trying to rig Winter Olympic skating competitions in Salt Lake City and a woman who once organized high-stakes poker games for some of Hollywood’s most famous faces. In all, 34 people were charged on Tuesday with playing a part in what federal prosecutors described as two separate but interconnected criminal groups — one operating overseas and the other in the United States. Together, they are accused of laundering more than $100 million in gambling money.

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,

Mr. Tokhtakhounov, who remains at large, was indicted in 2002 on charges that he was part of a scheme to rig the results of the Winter Olympic finals in Salt Lake City in pairs figure skating and ice dancing.

More:

According to a criminal complaint filed in federal court in Manhattan in that case, he was accused of working with an unidentified member of a Russian crime gang and an unidentified Russian skating official to rig the competition. He helped secure a gold medal for Russia in the pairs event in exchange for a victory for the French ice dancing team, according to the complaint.

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:

With no requirements for background checks on most private transactions, a Times examination found, Armslist and similar sites function as unregulated bazaars, where the essential anonymity of the Internet allows unlicensed sellers to advertise scores of weapons and people legally barred from gun ownership to buy them.

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, 2013

So 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.

Chapter 87 of the state’s Local Government Code lists among the “general grounds for removal” of a district attorney and other county officials “intoxication on or off duty caused by drinking an alcoholic beverage.”
Under that law, a removal petition could be filed by anyone who has lived in Travis County for six months and is “not currently under indictment” for a crime here. The petition would be filed with a district judge, and a trial would be held on the charge — with a jury to determine the official’s fate, according to the law.

“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.”

Boston Globe. Boston Herald.

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, 2013

Travis County DA arrested for DWI. More later.

Edited to add 4/14: Longer story from the Statesman.

The document indicated Lehmberg participated in a field sobriety test but refused to complete portions of the roadside exam. It was also unclear Saturday whether the arrest was captured on patrol car video.

Lehmberg told arresting deputies that she had two vodka drinks and that she had taken 20 milligrams of propranolol, a blood pressure medication. The document said the smell of alcohol on her breath was moderate and that her eyes were “watery, bloodshot and glassy.” Deputies found an open bottle of vodka in the car’s passenger side, the affidavit said.

Speaking of guns…

Tuesday, April 9th, 2013

…stolen from my great and good friend RoadRich:

This is why I am such a big advocate of stricter knife control, and most importantly, a ban on assault knives. People don’t need knives that powerful for hunting… what are they planning to do, overthrow the caring, benevolent government? And those clips that hold more than one knife? Those… what are they called, ‘leatherman’ clips? Who needs those for so-called ‘hunting’? What are they hunting anyway, speaker wire and Phillips screws? Ban those too… because if even one person gets stabbed, even while trying to get at the tweezers, it is too many. Too many. Only the Army should be trying to clean a fish or strip a wire anyway.

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.

Quote of the day.

Friday, April 5th, 2013

No kidding: this the actual quotation of the day in today’s NYT:

“It becomes more and more difficult to avoid the sad conclusion that political corruption in New York is indeed rampant and that a show-me-the-money culture in Albany is alive and well.”

-Preet Bharara, United States attorney in Manhattan.

Update.

Friday, April 5th, 2013

A long time ago, I wrote about the cases of Tyquan Knox and Michael Slider. Knox allegedly robbed a teenage girl, then tried to intimidate her and her mother into dropping charges against him. When that didn’t work, he killed the mother. Knox stood trial three times for the murder: the first two trials ended in hung juries, but Knox was convicted the third time and is serving life in prison.

Yesterday, Knox’s girlfriend, Keeairra Dashiell, was sentenced to “life in prison with the possibility of parole after 19 years” after pleading guilty to second-degree murder and attempted robbery. During the first two trials, she agreed to testify for the prosecution in return for a seven-year sentence:

Dashiell, however, proved to be a reluctant and unconvincing witness, often contradicting herself and getting caught in lies.

Noted #1:

After handing down the sentence, [Los Angeles County Superior Court Judge Michael] Pastor spoke to Dashiell at length as she sat quietly next to her attorney with her head bowed. “You made horrific decisions and caused incalculable pain and suffering to others,” Pastor said in a somber tone. “You’re not entitled to pity.”

Noted #2: If this was reported at the time, I completely missed it. What ever happened to Detective Slider?

Taking in the emotional scene was Michael Slider, Henry’s uncle and a detective in the Los Angeles Police Department. Slider was fired by the department in 2010 for leaking confidential information about the case after he became convinced that his fellow LAPD detectives had not done enough to protect Henry and Lark from Knox. After an appeals court threw out one of the department’s allegations against Slider and sent the case back to the LAPD for reconsideration, police officials relented and reinstated Slider.

“…jackass legislation”

Thursday, April 4th, 2013

I am a great admirer of H.L. Mencken. I have been since I was in high school (mumble mumble) years ago.

But I had not previously encountered this particular essay.

The new law that it advocated, indeed, is one of the most absurd specimens of jackass legislation ever heard of, even in this paradise of legislative donkeyism. Its single and sole effect would be to exaggerate enormously all of the evils it proposes to put down. It would not take pistols out of the hands of rogues and fools; it would simply take them out of the hands of honest men. The gunman today has great advantages everywhere. He has artillery in his pocket, and he may assume that, in the large cities, at least two-thirds of his prospective victims are unarmed. But if the Nation’s proposed law (or amendment) were passed and enforced, he could assume safely that all of them were unarmed.

Also noted:

What would become of the millions of revolvers already in the hands of the American people if not in New York, then at least everywhere else? (I own two and my brother owns at least a dozen, though neither of us has fired one since the close of the Liberty Loan drives.)

I would be very interested in knowing what revolvers Mencken and his brother owned. I’d be even more interested in owning one of Mencken’s revolvers, but I suspect the associational value puts that out of my price range.

(It does not come as a great shock to me that Mencken was pro civil rights: his “A New Constitution for Maryland” included a provision establishing the right to keep and openly carry arms. But encountering an essay of Mencken’s that I haven’t previously read, and is relevant to my interests…that lights up my whole day.)

(Hattip on this one to the amazing Roberta X.)

Random notes: April 3, 2013.

Wednesday, April 3rd, 2013

Some notes from the legal beat to get things started:

Javaris Crittenton is being charged with murder and “gang activity”. Crittenton is a former NBA player with the Lakers, Wizards, and Grizzlies. You may remember him as “that guy who got into a locker room altercation with Gilbert Arenas that ended with guns being pulled and a 38-game suspension”.

Meanwhile, in Arizona, Louis C. Taylor has been freed from prison. Mr. Taylor served 42 years before his release: he was convicted of starting a hotel fire in 1970, when he was 16, and sentenced to 28 life terms. However, it looks like the evidence used to convict Mr. Taylor was questionable, and (if I read the article correctly) the prosecution withheld exculpatory evidence.

Mr. Taylor’s release offered him only a small measure of redemption. Under an agreement with prosecutors in Pima County, he entered a no-contest plea during an hourlong court hearing, which set aside his original conviction and gave him credit for the time he had spent behind bars. The arrangement means that he did not admit guilt, but because he did not contest the charges, he is effectively barred from suing anyone who had a role in his conviction.

And:

Prosecutors, in filings and at Tuesday’s hearing, said they still believed Mr. Taylor was guilty, but chose to accept the agreement because they would not have been able to pursue a new trial. The evidence is too old and scarce, and there are not enough living witnesses, they said.

Of course they believe Mr. Taylor was guilty. God forbid they should admit someone served 42 years for what may not have even been a crime.

On Tuesday, [New York State Senator Malcolm A. Smith], Councilman [Daniel J.] Halloran and the Republican Party leaders were charged with wire fraud and bribery. The senator was also charged with extortion.

Senator Smith is accused of trying to bribe his way onto the ballot for the mayor’s race in New York City.

The complaint described envelopes of cash trading hands in Manhattan hotel rooms and restaurants, payments of thousands of dollars to persuade Republican leaders in New York to put Senator Smith, from Queens, on the Republican ballot in November. The bribes were to be paid to obtain certificates authorizing him to run for mayor as a Republican even though he was a registered Democrat.

Wait. What?

In case you were wondering, Robert “Ratso” Rizzo’s trial on corruption charges is scheduled for September. Ratso’s former assistant, Angela Spaccia, is asking for a separate trial.

From the department of things that suck: noted SF author Ian Banks is dying. Many of my friends, including Lawrence, are big Banks fans. I never got into his work, personally: the only Banks book I own is Raw Spirit: In Search of the Perfect Dram, his non-fiction book about touring Scotland in search of single-malts. But I know that Banks was a hugely important SF writer, and this is just a damn shame.

Firing watch: Mike Rice out as basketball coach of Rutgers after video of him acting like an a–hole becomes public.