Archive for the ‘Law’ Category

Random notes: January 3, 2013.

Thursday, January 3rd, 2013

The shooting, on Nov. 26, was one more jarring reminder of just how common killings seem to have grown on the streets of Chicago, the nation’s third-largest city, where 506 homicides were reported in 2012, a 16 percent increase over the year before, even as the number of killings remained relatively steady or dropped in some cities, including New York.

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

First they came for the large sodas, and I didn’t say anything, because I didn’t drink soda. Then they came for the energy drinks

Obit watch: Patti Page. NYT. A/V Club.

The NYT profiles Christopher Tinker, auto mechanic in Baltimore. Why? Christopher Tinker’s great-grandfather was Joe Tinker.

Trio of bear cubs, and fleeter than birds,
Tinker and Evers and Chance.
Ruthlessly pricking our gonfalon bubble,
Making a Giant hit into a double,
Words that are heavy with nothing but trouble:
Tinker to Evers to Chance.

Yeah, that Joe Tinker.

In 1993, he paid $220 for one of the original baseball cards, which were issued by tobacco companies. But the card was eventually lost, and Tinker thought about how to replace it. One day he walked into a Baltimore tattoo parlor, and the idea hit him. Six hours and nearly $500 later, he had his great-grandfather’s image engraved on his arm.

Lake Tahoe has a bear problem. Actually, Lake Tahoe has two bear problems:

More than a thousand bear complaints a year are reported to officials on the lake’s California side alone. They break into homes to forage in refrigerators, at times surprising terrified residents. They den under porches and have learned to twist the tops off food jars. They make the trash-can exploits of the Southern California bruin nicknamed Glen Bearian look like the fumblings of an amateur.

Problem #2:

It’s not uncommon for people who have sought state approval to have a bear killed to receive an onslaught of threats. Homes have been vandalized. Even complaining about a problem bear to game wardens — who some see as the enemy — can bring scorn.
“People have been approached and yelled at in grocery stores simply for reporting bear activity,” said Placer County Sheriff’s Capt. Jeff Ausnow. “They’ll say, ‘You can’t do that because they’re going to kill it.’ This is a very emotional issue here.”

Random notes: January 1, 2013.

Tuesday, January 1st, 2013

Let us pause in our revels for a few moments to consider the plight of the less fortunate.

Specifically, the Vegas sports books, which did not do well this NFL season.

The damage was particularly bad in Week 9 of the NFL season, when Vegas-backed underdogs finished 2-10 against the point spread, while seven games that day finished “over” the game’s projected total-points-scored line.

One of the people involved in the MGM sports books claims they took a “seven-figure” hit that day.

“Looking at this, I can tell you we’ll need the underdogs to win in every game. Again,” he said.

If I understand this right, the Texans are favored by between 4 and 5 points over the Bengals. Just saying.

This story was reported by Instapundit and other folks late last week. I didn’t link it because all the reports came back to PRNewswire, who I don’t trust. However, I finally found a link to a WSJ article. So here’s what happened: the ASPCA and other animal rights organizations sued Feld Entertainment (the parent company of Ringling Brothers) for violations of the Endangered Species Act. The organizations, along with a former Ringling Brothers employee, claimed that the circus was mistreating elephants. This has been dragging on for years:

After nine years of litigation, a federal court found that the plaintiffs had no standing to sue under the Endangered Species Act and that the former Ringling employee was “not credible” and “essentially a paid plaintiff and fact witness” whose only source of income during the litigation was the animal-rights groups that were his co-plaintiffs.

The hook (so to speak): last Friday, the ASPCA settled with Feld Entertainment and paid Feld $9.3 million. Feld is pursuing other parties in the case, including “the Humane Society of the United States, the Fund for Animals, the Animal Welfare Institute, the Animal Protection Institute United with Born Free USA, the former employee and the lawyers who prosecuted the bogus case”.

I’m opposed to animal cruelty. I don’t think you should run over turtles. I think dogs and cats deserve decent treatment, and I think we could do a better job of dealing with meat animals. But I also think that when you hear Sara McLachlan singing “Silent Night” while a bunch of sad-eyed animals appear on the screen, you should keep in mind that the money you donate is going to pay off a settlement from a frivolous and malicious lawsuit.

Two quick items.

Monday, December 31st, 2012

This is an actual headline on the Dallas Morning News website, as of 9:48 AM today:

Dallas police officer on leave over rap video has car burglarized while visiting husband’s grave

And I said, “Whaaaaaaaaht?” (Short item, but worth clicking through to read. The headline, while odd, is an accurate summary.)

Today’s NYT has a follow-up story about Ryan Freel, whose death was previously noted here. Of interest:

  • His stepfather ups the concussion estimate to 15, “10 as a professional ballplayer”.
  • “His former wife witnessed a winter league game in Venezuela in which he smashed through an outfield wall and had to be hospitalized with a concussion.”
  • “Freel’s former wife said she found no fault with his teams or their medical staffs, concluding that they diagnosed his condition properly and insisted that he abide by the stipulated recovery period.”
  • It looks like he will be tested for signs of chronic traumatic encephalopathy.

Obit watch: December 29, 2012.

Saturday, December 29th, 2012

Jean S. Harris, former headmistress of the Madeira School.

Of course, those of you who were alive and aware of your surroundings in the early 1980s know that’s not why I bring up the late Ms. Harris. For those of you who don’t recall, she became notorious after shooting her lover, Dr. Herman Tarnower (a cardiologist who’d become very rich after publishing The Complete Scarsdale Medical Diet).

Ms. Harris and Dr. Tarnower had been long-time lovers, but Dr. Tarnower started dating his younger assistant. Eventually, Ms. Harris snapped; she claimed she drove to Dr. Tarnower’s to kill herself, Dr. Tarnower tried to get the gun away from her, and she accidentally shot him twice in the struggle.

Unfortunately, Dr. Tarnower had four bullet wounds, not two. Ms. Harris was convicted of second degree murder and sentenced to 15 to life. She did 12 years before Governor Mario Cuomo granted her clemency.

While she was in prison, she became known as something of an activist for better treatment of women prisoners:

She counseled fellow female prisoners on how to take care of their children, and she set up a center where infants born to inmates can spend a year near their mothers. Then, after her release in 1993 following a grant of clemency by Gov. Mario M. Cuomo, she set up a foundation that raised millions of dollars for scholarships for children of women in prison in New York State.

She also tutored her fellow prisoners and worked in the prison library.

Edited to add 12/30: Longer and more detailed obit from the LAT.

There was a rumor, about a tumor…

Thursday, December 27th, 2012

The Statesman is reporting the death of Houston McCoy.

Mr. McCoy never got the fame he probably deserved, because that’s the way the media works. He was an officer with the Austin Police Department on August 1, 1966. Mr. McCoy and his fellow officer Ramiro Martinez fired the shots that killed Charles Whitman.

There’s always been some controversy over who actually killed Whitman, and that’s touched on briefly in Mr. McCoy’s obit. I expect to see this rehashed some more in the coming days. Gary Lavergne’s A Sniper in the Tower: The Charles Whitman Murders is considered by pretty much every person I know of to be the definitive account of events before, during, and after; he discusses this issue at some length, and I think comes to a wise and fair conclusion, echoed by Mr. McCoy himself:

From his bed in Menard Manor in 2011, McCoy recounted what he remembered: “I got him but it really doesn’t matter whether I got him or Martinez did. Martinez is a good man, and he was the first police officer on the deck to confront the sniper. There were many heroes that day, police officers and civilians.”

Paging Doc Daneeka.

Saturday, December 22nd, 2012

I previously noted the strange case of Carolyn Barnes, the local lawyer who was accused of shooting at a census worker, found incompetent to stand trial, sent to the state hospital in Kerrville, and yet retains her license to practice law and is representing at least one client.

Yes. Well. There’s an update to the story:

A Williamson County judge on Friday refused to prevent an attorney locked up in a state psychiatric facility from continuing to practice law.

The judge’s position actually kind of makes sense to me:

“Ms. Barnes is, as of this moment, a licensed member of the bar,” he said. “It wouldn’t be appropriate of me to unilaterally decide if she’s competent to act as an attorney.”
He added that the State Bar of Texas, which is responsible for licensing attorneys, was conducting its own investigation into Barnes’ capability to practice. The organization has the power to bar an attorney from practicing due to a disability — physical or mental — but rarely does so.

Meanwhile, the whole issue may become moot, as the Statesman also reports Ms. Barnes is moving closer to being declared competent to stand trial.

Random notes: December 21, 2012.

Friday, December 21st, 2012

I have been critical of the HouChron in the past, but I have to give them credit for this headline:

(Click to embiggen.)

If only they’d added “Women, minorities hardest hit” as a subhed, it would have been a classic.

Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.

Heh. “a beer in a paper bag”. Bunny Colvin, call your office, please.

Black truffles are selling in Paris for around $1,200 a pound.

Black truffles and other types of truffles are becoming scarcer, and some scientists say it is because of the effects of global climate change on the fungus’s Mediterranean habitat. One wholesaler says prices have risen tenfold over the last dozen years.

Obit roundup: December 20, 2012.

Thursday, December 20th, 2012

Robert Bork: NYT. LAT. WP.

Interesting questions.

Wednesday, December 19th, 2012
  1. Why did I have to find out about the exhumation of Perry Smith and Richard Hickock from the Onion A/V Club, of all places?
  2. It has been a while since I’ve read In Cold Blood. Is there any evidence that they were ever in Florida to begin with, much less Sarasota? Serious question: I honestly do not remember.
  3. Sarasota county still has evidence that they expect to get useful DNA (in some form) from, 53 years after the crime? (To be clear, it isn’t the evidence that surprises me: I’d expect them to keep evidence for unsolved crimes until the sun goes nova. What I’m having trouble with is whether DNA would be preserved after being stored for that long.)
  4. If they do get closure on this case using Smith and Hickock’s DNA, will this be the oldest solved cold case ever? Or oldest solved using DNA? Anybody know what the current record is?

Obit watch take two.

Wednesday, December 19th, 2012

Lawrence has just informed me of the passing of Robert Bork. Obits to come.

Random notes: December 19, 2012.

Wednesday, December 19th, 2012

And I said, “What about ‘Breakfast at Tiffany’s’?”
She said, “I think that’s just been added to the National Film Registry.
“And as I recall, we both kind of liked it.”
And I said, “Well, that’s the one thing we’ve got.”

(For those of you who have forgotten your one-hit wonders, reference explained here.)

(“The Matrix”? Whoa. But I’m pretty happy about “Dirty Harry” and “A Christmas Story”. I have the Criterion editions of both “Two-Lane Blacktop” and “Anatomy of a Murder“, but haven’t watched either one yet.)

The NYT finally got around to publishing an obit for Reinhold Weege, the creator of “Night Court” whose death we noted previously.

Alex Sanchez was the executive director of Homies Unidos, an anti-gang organization, when he was indicted in 2009 on Federal charges of “racketeering and conspiracy to commit murder”. The government alleged he had ties to the MS-13 gang.

Yesterday, the government asked that the charges be dismissed “without prejudice”, which gives them the right to refile those charges in the future.

The action follows a recent court filing by defense attorney Amy Jacks, who demanded that the case be dismissed because prosecutors “presented false evidence to the grand jury, lied to the grand jury and withheld exculpatory evidence,” she said. Her motion was not made public because it deals with sealed testimony before a federal grand jury, she said.

Random notes and obit watch: December 18, 2012.

Tuesday, December 18th, 2012

Remember Pat Lykos, former Harris County DA, unceremoniously tossed from office in this past election cycle? Remember the whole BAT Van scandal? (If you don’t, the “HCDA” category” will provide you with a historical overview.)

Anyway, Amanda Culbertson and Jorge Wong, two of the people who brought up the problems with the BAT Vans, are suing Ms. Lykos, Rachel Palmer (another prosecutor in the DA’s office) and Harris County itself.

Among several allegations, the lawsuit says that officials with the DA’s office retaliated against Culbertson and Wong by lobbying the Harris County Commissioner’s Court to cancel a contract with a local private laboratory, where the two found jobs after leaving HPD.

The NYT informs us that there hasn’t been a big hit book this holiday season. (Apparently, last year’s big hit was Steve Jobs, which surprises me; I would have thought the appeal of that was limited outside of Apple fanatics, and it was not well reviewed by several prominent personalities in that community. But I digress.) However, bookstores are still doing…okay.

Steve Bercu, an owner of BookPeople in Austin, Tex., said sales were up 10 percent over last year. He said that shoppers were buying coffee-table books but were also snapping up Kobo devices. “I was a naysayer,” he said, “but they are buying the actual devices, which surprised me.”

Obit watch: Senator Daniel K. Inouye.

Maurice Herzog, noted French climber.

A dramatic photograph of Herzog waving a French tricolor atop 26,545-foot Annapurna on June 3, 1950, thrilled his countrymen and appeared on front pages around the world. It captured a triumphant moment before a brutal descent, during which Herzog endured frostbite that led to the amputation of all his fingers and toes. (His climbing partner, Louis Lachenal, also lost toes in the climb.)

Herzog died of natural causes at the age of 93.

Speaking of Christmas…

Wednesday, December 12th, 2012

The president of the Christmas Bureau of Austin and Travis County was back in jail Wednesday – on new charges unrelated to allegations of financial improprieties involving the nonprofit that has supplied Christmas presents to needy families.

He was stopped after running a red light, “nitially declined to provide his identity” until the cops said they’d fingerprint him, and, oh, by the way, the police also searched his car and found meth.

Also:

…a Travis County judge ordered the organization to close, to disable its website and PayPal account and to stop any other business dealings.

Interesting. I can, as of 8:11 PM local time on December 12, 2012, pull up their website. I can also click on the big “PayPal” button, but doing that results in a message from PayPal stating “This recipient is currently unable to receive money.”

(Previously.)

Banana republicans followup: December 12, 2012.

Wednesday, December 12th, 2012

Christmas is coming, so let me give you a gift that keeps on giving.

A while back, I noted the case of San Fernando councilman Mario Hernandez and councilwoman Maribel de la Torre. In brief, the two were involved in an extra-marital affair that went sour, there were accusations of domestic violence by both parties, Hernandez later asked that his charges against de la Torre be withdrawn, and the DA refused.

Ms. de la Torre (who, along with Mr. Hernandez, is no longer a councilperson) went on trial today.

The charges were dismissed “after Deputy Dist. Atty. Ruby Arias announced that she would not be able to proceed”.

Why couldn’t she proceed?

…the alleged victim, former San Fernando Mayor Mario Hernandez, failed to appear despite a bench warrant issued for his arrest.

It seems pretty clear that this was a deliberate act on the part of Hernandez. The thing I wonder about (because I am not a lawyer) is: what now? With the charges dismissed, is there still an active bench warrant for Hernandez? Can he still be hauled before a judge? If so, could he face contempt charges? Can the charges be re-filed if Hernandez is found? The dismissal was “without prejudice” so I think the answer to that last question is “yes”, but, again, I Am Not A Lawyer.

I also wonder if this is really worth pursuing any more. It appears that Hernandez doesn’t want it pursued, I’m sure de la Torre is delighted by this turn of events, and both of them (along with the mayor) are no longer in office. Should the DA just call it an unfortunate series of events and move on?

That soft, wet sound you heard earlier today?

Tuesday, December 11th, 2012

That was the sound of former Mayor Richard M. Daley’s head exploding, as well as the heads of many other Chicago politicians.

In a major victory for gun rights advocates, a federal appeals court on Tuesday struck down a ban on carrying concealed weapons in Illinois — the only remaining state where carrying concealed weapons is entirely illegal — and gave lawmakers 180 days to write a law that legalizes it.

More from Shall Not Be Questioned.