Archive for the ‘Law’ Category

Random notes: January 29, 2013.

Tuesday, January 29th, 2013

There’s a follow-up to last week’s story about the felon trying to sell guns at the gun show: he’s now been charged with theft.

At the time of seizure, neither firearms were listed as stolen, according to the arrest affidavit, but by Jan. 10, police determined the rifle matched the make, model and serial number of the rifle reported stolen from the truck Dec. 9, according to the affidavit.

Interesting. Very interesting indeed.

Setting aside for the moment the subject of this story, there’s a kind of interesting legal aspect to it. In Nevada, if you own a casino (or are a “key man” in a casino) you can still gamble anywhere execpt your own casino (for obvious reasons). In Atlantic City, though, you’re not allowed to gamble period; at your own casino or someone else’s, it doesn’t matter. I find it curious that there’s such a difference in the law. I’m sure Mr. Fertitta does, too.

Real ninjas have their own mobile devices.

Banana republicans followup: January 29, 2013.

Tuesday, January 29th, 2013

I was hoping to have more on the Bell trial for you. I do, but it wasn’t what I was expecting: one of the alternate jurors called in sick yesterday and the trial was postponed.

But I do have excellent news. Remember Cudahy? The bimbo and the badge? Bribes in the Denny’s? (If you don’t remember Cudahy, previously.)

David Silva, the former mayor of Cudahy, was sentenced yesterday.

Assistant U.S. Atty. Joseph Akrotirianakis recommended that he receive 41 months in prison.

He got one year of prison time, three years of probation, 1,500 hours of community service and was ordered to pay $17,000 in restitution. (He was convicted of taking $17,000 in bribes from someone who wanted to open a medical marijuana dispensary.)

I missed this previously, but the same LAT article notes that Angel Perales, “Cudahy’s former head of code enforcement and acting city manager”, who was also implicated in this case, got five years probation.

Akrotirianakis had recommended that Perales serve two years in prison.

I find it interesting that the judge in both cases ignored the sentencing recommendation and gave both gentlemen lower sentences than requested. I find it especially interesting that Perales appears to have gotten away with no prison time.

By the way, Osvaldo Conde (of bimbo and badge fame) is up for sentencing on February 25th. And I also missed this: “…the former mayor of Santa Fe Springs, Joseph Serrano Sr., was sentenced to two years in prison for taking $11,500 in bribes from the marijuana dispensary owner.”

Art, damn it, art! watch (#35 in a series)

Monday, January 28th, 2013

W.C. Fields supposedly said “It is morally wrong to allow a sucker to keep their money.”

I was reminded of that reading this NYT article:

Many in the art world insist there is no need for further scrutiny of a market that prompts few consumer complaints and is vital to the New York economy. But other veterans of the business say there is mounting concern that monitoring has not kept pace with the increasing treatment of art as a commodity.

Some examples of questionable practice:

If I had a (non-functional) rocket launcher…

Sunday, January 27th, 2013

I’d make the Seattle Police Department pay. $100 for it. At the next gun buyback.

I’m amused at how often the “someone turned in a non-functional rocket launcher at a gun buyback” trope has been showing up in the mass media. At least this story mentions the non-functional aspect in the first sentence.

In the six months after Seattle’s 1992 gun buyback — the city’s only other such effort — the average number of firearms-related homicides increased. The mean number of firearms-related assaults in Seattle also increased, as did the mean number of robberies with guns. Even the mean number of accidental shooting deaths more than doubled, according to data in a government journal.

Because paying $100 for an empty fiberglass tube makes the public safer. Way to go, guys.

Banana republicans on trial: January 26, 2013.

Saturday, January 26th, 2013

As noted previously, the trial of six former city council members from Bell has begun. The jury has been seated, opening statements have been stated, and the first testimony has been testified.

The first witness was Rebecca Valdez. Ms. Valdez was the former city clerk of Bell. The LAT notes that she has been granted immunity from prosecution in return for her testimony.

And what did she have to say? Basically, as city clerk, she was supposed to take notes on the council meetings,

including marking the start and end time of the various boards on which council members served, such as the Solid Waste and Recycling Authority.
“Were there City Council meetings where only some of the authorities met?” Deputy Dist. Atty. Edward Miller asked.
“Yes,” Valdez said.
“Were there City Council meetings where none of the authorities met?”
“Yes.”

(This is significant because the charges against the members involve “taking huge salaries to serve on board and commissions that rarely met and did little, if any, work.”)

Valdez also verified salary documents for former council members. One listed former Councilwoman Teresa Jacobo’s monthly salary as $7,666. Another showed an increase that bumped her salary to $8,083 a month.
In contrast, [Deputy Dist. Atty. Edward Miller] then showed the most recent contract for Lorenzo Velez, who was on the council when the salary scandal broke. Velez, the lone council member not charged in the case, was appointed to the council in 2009 and given a salary of only $673.

And:

Later, Valdez testified that at Rizzo’s request, she knowingly gave a document listing incorrect salary information for city officials to a resident who had filed a public records request.

The defense attorney for one of the former council members got Valdez to admit that Robert “Ratso” Rizzo, the city manager, loaned her $48.000 for a down payment on a house; he also asserted that the $48,000 was city money, not a personal loan from Ratso.

Later, [Alex] Kessel [defense attorney for former Councilman George Mirabal] said Rizzo “insulated himself from the council members. Any wrongdoing was done without their knowledge.”

It is still early in the trial, but it looks to me like the defense strategy is going to be “it was all Rizzo! We didn’t know what was going on! Ratso hid stuff from us!” We’ll see how effective this is. I’m thinking it probably won’t be very effective; if you’re taking $8,000 a month for meetings of boards that never meet, you’ve got to know something is up, and throwing Ratso under the bus isn’t going to help.

If I were Ratso, right about now I might be thinking about making a deal with the DA to testify against the council members, in return for a lighter sentence. If I’m the DA, I want Rizzo and Spaccia to do time, but I might be willing to make a deal with Rizzo (or Spaccia) if it means I can nail a bunch of corrupt elected officials. Ideally, I want everyone involved in the Bell scandal to be introduced to the joys of busting rocks, but sometimes you’ve got to make a trade. Personally, I’d rather send elected politicians to jail than appointed city officials, if I have to make a choice.

Your Austin nightclub update for January 25, 2013.

Friday, January 25th, 2013

I noted previously that two of the Yassine brothers were convicted of money laundering in the Austin nightclub case. (Previoisly.)

They were sentenced today. Hussein Ali Yassine, aka “Mike”, “founder and president of Yassine Enterprises”, was sentenced to twelve years and seven months in federal prison. Hadi Yassine, his brother, got a five year sentence. Both will also serve three years on probation after they are released.

In addition, “Mike”, Hadi, and their other brother Mohammed Ali (aka “Steve”) are not US citizens, so there is “a chance” that they will be deported after serving their time. (“Steve”, as you may recall, took a plea deal last year and was sentenced to a year in prison.)

Random notes: January 25, 2013.

Friday, January 25th, 2013

Today’s WP contains a sad and touching profile of Priscilla Lollar.

Priscilla Lollar was the mother of Richard Lollar. Richard Lollar and Jacinth Baker were the two men who were stabbed to death after the Super Bowl in 2000; this is the case in which Baltimore Ravens linebacker Ray Lewis pled guilty to obstruction of justice.

…considering the District of Columbia’s ban on assault weapons, where did they get the guns and how did they get them in the building?

There are many reasons why wrongful convictions are bad. Obviously, innocent people do time in prison, time that can’t be given back to them. But also, if the wrong person is convicted, that means a murderer is still out in public, free to commit other crimes.

Today’s example of this comes from the NYT, with a followup on the Baithe Diop/Denise Raymond murder cases I mentioned yesterday.

The NYT goes into a little more background on the prosecution’s original theory of the case: Ms. Raymond’s former boyfriend was an alleged drug dealer, who was charged in the case with “conspiracy to commit murder”. The prosecution claimed that he and his drug dealing buddies were afraid Ms. Raymond was going to go to the police about their drug operation. Ms. Raymond was apparently being cultivated because, as a FedEx executive, the drug dealers figured she could help them get drugs through the FedEx system. (The boyfriend was acquitted: “testimony from two key witnesses was discredited by defense evidence”, and he died five years ago.)

The NYT article doesn’t make it clear why the prosecution believed the Diop and Raymond cases were tied together. According to the original NYT article on the reversals in the Diop conviction, the prosecution believed Diop’s killing “was part of an elaborate plot to distract the police from the intended crime: the theft of $50,000 worth of cocaine from a passenger in Mr. Diop’s car.” But it isn’t clear who that passenger was, or how Ms. Raymond’s murder was a part of this plot.

I was able to dig up the original “How To Solve a Murder” article on Google Books, and it doesn’t make things much more clear; if I understand the theory of the crime correctly, the cocaine heist was an inside job, and Ms. Raymond’s boyfriend was supposedly ordered to kill her “as some kind of twisted atonement” for making his bosses in the drug ring angry. In retrospect, the whole case seems to have had holes in it you could drive a cab through.

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

Friday, January 25th, 2013

Today’s Austin Police Department suspension is brought to you by former Sergeant William Lefebvre.

Sgt. William Lefebvre, called to assist in an incident at a shopping center on Aug. 8, used the bottom of his foot to move a suspect further into a patrol car, striking him in the chest, [Police Chief Art] Acevedo said.

Chief Acevedo says “That tactic was not justified or objectively reasonable and (he) failed to report it in a timely manner”.

Okay. What does “failed to report in a timely manner” mean?

Acevedo said that Lefebvre reported the incident the same day, but upon review, it was determined that he could have been more accurate and timely.

Former sergeant Lefebvre will be suspended for 60 days (“The memo didn’t say whether Lefebvre will be paid during the suspension.”) and has agreed to a demotion to corporal detective. Post suspension, he will be “on probation” for a year. “If he commits a similar act of misconduct, he would be indefinitely suspended without the right to appeal.”

It sounds like this was a negotiated deal with the city, and that Lefebvre will not be appealing his discipline. However, the Statesman does not explicitly state this.

Banana republicans followup: January 25, 2013.

Friday, January 25th, 2013

Back in August, I discussed the case of Omar Bradley, former mayor of Compton. Bradley was convicted of “misappropriation of public funds” in 2004, but had his conviction overturned last year and is awaiting retrial.

But Bradley isn’t just sitting around waiting for the retrial. He’s keeping busy.

“How?” you ask.

He’s running for mayor of Compton.

Per the LAT, both his retrial and the election are scheduled for the same month (April),  which “sets up the potential for Bradley to win office and then quickly lose it again if he is convicted a second time on charges of misappropriation of public funds”.

Also interesting: Bradley is one of twelve people running against the current mayor.

Among the challengers are former child star Rodney Allen Rippy, civil rights attorney and former Black Panther B. Kwaku Duren, former Compton City Clerk Charles Davis, and longtime City Hall critics William Kemp and Lynn Boone.

Rodney Allen Rippy? Now that’s a name I haven’t heard in ages.

Hot from the police blotter.

Thursday, January 24th, 2013

I go out for a couple of hours to run some errands. I come back, and I find out that the police have arrested Russell Erxleben, who was somewhat famous as a UT football player. (He actually still shares the record for longest field goal kicked in NCAA history.)

Of course, anybody can be arrested; there’s no shortage of domestic violence or DWI arrests among former football players at any level. But Erxleben is charged with running a Ponzi scheme: that’s something you don’t see every day.

The indictment said Erxleben used several companies, including WALTEC Consultants, LRE Holdings and the MDM Group, to promote investments in fraudulent ventures, mainly in post-WWI German government gold bearer bonds and in work purportedly by Paul Gauguin, the famous late 19th-early 20th century artist.

“post-WWI German government gold bearer bonds”? That sounds like something straight out of Mission: Impossible.

Also worth noting:

In 1999, Erxleben pleaded guilty to federal conspiracy and securities fraud charges stemming from a foreign currency trading scam in which hundreds of investors lost more than $30 million.

You know, I’m not Mister Sophisticated F’ing Investor here, but I’d like to think that before I gave someone $60,000 to invest in “post-WWI German government gold bearer bonds” that were purportedly worth $350,000, I’d maybe, just maybe, do A FREAKING BACKGROUND CHECK ON THE PERSON I WAS GIVING THE MONEY TO. And if that check turned up something odd, like the fact that this person got out of prison in 2005 after being convicted in a “foreign currency trading scam”, more than likely I WOULDN’T GIVE THEM ANY OF MY DAMN MONEY!

But that’s just me. As I said, I’m not a Sophisticated Investor.

Random notes: January 24, 2013.

Thursday, January 24th, 2013

Obit watch: Linda Riss Pugach. You may not have heard of her, but she was at the center of one of the most sensational crimes of the 1950s. Miss Riss was 22 years old and was dating a married lawyer, Burton Pugach. He kept promising to get a divorce, she kept pressing him, he got fed up and hired people to throw lye in her face. Miss Riss was blinded. Mr. Pugach was charged, convicted and spent 14 years in prison.

But wait, there’s more! Mr. Pugach’s wife divorced him while he was in prison. After he got out in 1974, he married Miss Riss, and they remained married until she died. There was a documentary about the case in 2007, “Crazy Love“, that featured interviews with both Mr. and Mrs. Pugach; I have not seen it, but it is apparently available from Amazon for instant viewing.

Oh, look! The lying sack of shit Joe Manchin is starting to feel the heat!

As a hunter with an A rating from the National Rifle Association, Mr. Manchin gave advocates for new weapons laws reason for optimism after he said last month that gun firepower and magazine capacity might need to be limited.
But now, Mr. Manchin, who affirmed his support for gun rights by running a campaign commercial in 2010 showing him firing a rifle into an environmental bill, says he is not so sure. One of his local offices has been picketed, and even some of his most thoughtful supporters are cautioning him that stronger background checks are about all the gun control they can stomach.

More:

After talking with the group for nearly two hours, Mr. Manchin left the meeting saying he was not at all comfortable with supporting the assault weapons ban favored by many of his colleagues in Congress.

And it isn’t just Manchin:

Of far greater concern are Democrats who are up for re-election in 2014. Those include senators like Max Baucus of Montana, who was awarded an A+ rating from the N.R.A. Mr. Baucus has worded his comments on the subject carefully, bracketing them with gun rights-friendly language, like saying the “culture of violence” needs to be seriously examined along with any changes to the law.
There is Senator Mark Begich of Alaska, who has said flatly that he would not support a new assault weapons ban, and Senator Mark Udall of Colorado, who initially came out in support of the ban but has been more circumspect recently, saying in an interview last week that he would want to see the language of any such legislation first.

Keep those cards and letters coming, folks. If you need help finding your senators and representatives, you’re welcome to email me.

Back in August, I noted the reversal of the murder convictions in the case of Baithe Diop. The other shoe in that case has dropped: three of the men, who had been convicted of murdering Denise Raymond and spent 17 years in prison, were released last night. Ms. Raymond was an executive with Federal Express: the prosecution’s original theory of the crime was that her murder and Mr. Diop’s were tied together. (The other two men in the case were convicted of Mr. Diop’s murder, and had their convictions overturned in August, but were not convicted in the Raymond murder.)

The N.C.A.A. said it uncovered evidence that its investigators contracted with a criminal defense lawyer for the booster at the center of the Miami case to obtain information they should not have been able to access. The N.C.A.A. had been examining allegations that the booster, Nevin Shapiro, gave hundreds of thousands of dollars in cash, as well as other benefits, to dozens of Miami athletes.

Wow. When the NCAA president is calling the conduct of his own people “shocking” and “stunning”, yeah, there’s a problem.

As I have stated before, I Am Not A Lawyer. So perhaps there is a gap in my understanding. Let me see if someone can clarify it for me: on what authority does a judge order someone to stay out of an entire city?

[State Rep. Matt] Krause, one of the chamber’s more conservative freshmen, filed House Bill 627 to prevent federal gun regulations — such as expanded background checks and limits on magazine sizes, now under debate in Washington — from being enforced in Texas when a firearm is manufactured, sold and used within the state’s boundaries. If a gun never leaves Texas, it cannot be subject to federal interstate commerce laws, the bill says.

The Statesman suggests this bill may be unconstitutional. To which I say:

  1. Tenth Amendment, mofos!
  2. Oh, when we’re talking about guns, it’s unconstitutional and bad law. But when we’re talking about marijuana, all of the sudden, it’s okay for the states to have “medical marijuana” and “legalized marijuana”.

Can’t have it both ways, people.

Banana republicans watch: January 24, 2013.

Thursday, January 24th, 2013

We haven’t had one of these in a while. Truth be told, things were moving slowly over the holidays.

But they are heating up: the trial of six former members of the Bell city council begins today. (Robert “Ratso” Rizzo and his assistant, Angela Spaccia, will be tried later this year.)

And how is the city of Bell doing?

The city’s general fund has been slashed to $12 million from $16 million, largely because a handful of highly paid employees are now gone, and the budget is balanced. Council meetings are streamed online in a city where the workings of government were once opaque. The city has cut fees for trash pickup, building permits and business licenses that had ballooned under Rizzo.

On the other hand, Bell also faces protracted litigation, on which it is spending an estimated $1.5 million a year.

“If all the litigation stuff were solved today, I’d tell you Bell has a bright future, and we can pay our bills,” said [Doug] Willmore [the new city manager – DB], who estimates he spends a third of his time on lawsuits. “There are all these things that could happen that could bankrupt the city.”
Among the worries, he said, is that Bell will be made to pay the legal fees of the former city leaders, who claim the city should foot the bill because their alleged misdeeds occurred as part of their official duties.
“That’s probably $5 million easily,” Willmore said.

More:

Willmore said that when he arrived, the city hadn’t reconciled a bank statement in two years. “Under Rizzo, the lack of accounting was just staggering,” he said. “I’ve inherited scandals before, but certainly nothing like this.

Also:

Bell still has the second-highest property tax in Los Angeles County, after only Beverly Hills, and a 10% utility tax, about twice that of most cities.

In spite of that, business owners say conditions in Bell have improved vastly: “…a new restaurant was recently able to obtain a license just two days after an inspection from the county health department — a process that could have taken three months in the Rizzo era”

If they keep this up, and can get past the legal issues, I wouldn’t be surprised to see Bell turn into one of the few bright spots in California.

When seconds count…

Wednesday, January 23rd, 2013

,,,the police are 25 minutes away.

Even if you’re a police sergeant whose car has been egged.

(Previously.)

Final judgement.

Wednesday, January 23rd, 2013

Both Lawrence and I have written about Amado Pardo, restaurateur, Democratic activist, convicted murderer, and alleged heroin dealer. As Lawrence noted in his last update, Mr. Pardo was in declining health and had been released to hospice care.

According to the Statesman and his attorney, Mr. Pardo passed away yesterday. His trial on the drug charges was scheduled for February 11th. I’m not clear how Mr. Pardo’s death is going to affect the charges against the other people who were indicted with him.

Strange definitions.

Monday, January 21st, 2013

New York state has very strict gun laws.

One of those laws imposes a mandatory prison sentence of three and a half years on anyone caught carrying a loaded illegal gun.

How’s that working for them?

In 2011, the latest year for which sentencing statistics are available, fewer than half the defendants who had been arrested for illegal possession of a loaded gun in New York City received a state prison sentence, according to an analysis of criminal justice statistics by the mayor’s office.

You don’t say. Tell us more.

In the Bronx, as few as 31 percent were imprisoned. In Brooklyn the rate was 41 percent; in Staten Island it was 47 percent; in Manhattan it was 68 percent; and in Queens it was 76 percent.

Now, let’s be fair about this:

…the law can sometimes trap travelers who bring licensed guns into the state. Critics of strict mandatory sentencing caution that allowances must be made for unwitting violations.

The NYT gives two specific examples of cases in which Bronx prosecutors did not seek the mandatory sentence: “a state prison guard who was not authorized to carry a firearm only because he had failed to submit the required paperwork” (only ones syndrome, anyone?) and “a Pennsylvania school bus driver who was traveling to his sister-in-law’s wake in New York”.

I’m all for prosecutorial discretion, but in more than 50% of cases? This is obviously some strange definition of the word “mandatory” I was previously unaware of.