Archive for the ‘Law’ Category

Quote of the day: special “nothing to do with Guy Fieri” edition

Wednesday, November 14th, 2012

Perhaps they have moisturizer in Hell, sir, although one thinks it unlikely.

—from Lowering the Bar, by way of Overlawyered.

Random notes: November 14, 2012.

Wednesday, November 14th, 2012

I kind of like Guy Fieri. But I’d note this review whether it was of a Guy Fieri restaurant, or some other random place in NYC. Not since Ninja can I recall a review this vicious in the NYT.

Did panic grip your soul as you stared into the whirling hypno wheel of the menu, where adjectives and nouns spin in a crazy vortex? When you saw the burger described as “Guy’s Pat LaFrieda custom blend, all-natural Creekstone Farm Black Angus beef patty, LTOP (lettuce, tomato, onion + pickle), SMC (super-melty-cheese) and a slathering of Donkey Sauce on garlic-buttered brioche,” did your mind touch the void for a minute?

(Also, Jacques Pépin wants you to steam your turkey. I thought that was an Albany expression.)

Jessica Tata: guilty of felony murder.

Why is it so hard to get Joseph Kony and the Lord’s Resistance Army?

Why the well-armed and -equipped foreign troops have been unable to snuff out what little is left of a militia that once numbered in the tens of thousands is explained by the complexities of geography, politics and poverty, historians and human rights advocates say.

In other words, something that’s not easily solved by posting videos on the Internet.

Karolina Obrycka, the bartender who got the crap beat out of her by a Chicago police officer in 2007, has been awarded $850,000 in damages against both Anthony Abate, the cop who beat her, and the city itself.

The eight-woman, three-man jury found that Abbate was part of the conspiracy to cover up the beating and that the Police Department had a widespread code of silence that emboldened Abbate to beat up Obrycka.

Can we have Federal supervision of the Chicago PD now? (Also: LAT coverage.)

Sampler platter.

Monday, November 12th, 2012

Think of this as sort of like a fruit basket, without the fruit. Or the basket.

This is a headline as it currently appears on the LAT website:



Here is the actual story.
Some things that are worth noting:

There are so many things I could say about this next story, but (with one exception) I am going to avoid saying them:

The puppeteer who performs as Elmo on “Sesame Street” is taking a leave of absence from the popular kids’ show in the wake of allegations that he had a relationship with a 16-year-old boy.

The one exception (and this isn’t snark, just a statement of fact): this was the same thing that destroyed Jeff “Frugal Gourmet” Smith’s career.

Detroit and Washington still have a shot at going 0-82 this NBA season (0-7 and 0-5 respectively).

Yet another election result that amuses us: Cynthia Brim was re-elected to her seat as a judge in the Cook County Circuit Court. Why does this amuse us?

Because Judge Brim is batshit crazy. Really. As in, “can’t be prosecuted because she was legally insane at the time” crazy. Even better:

Judge Brim has been suspended from hearing cases since March, and it’s not clear when she’ll be returning to the bench. During the suspension, she’ll continue to collect her $182,000 salary.

63.5 percent of the vote, folks. (Hattip on this to Overlawyered.)

This next story pushes a couple of my better hidden hot buttons. Bethel African Methodist Episcopal Church is located in San Francisco; the church is “the oldest black pulpit in the city”. Bethel’s previous minister, who had been there for twenty years, left to take over the First AME church. First AME is kind of a big deal among AME churches: “It became a regular stop for Democratic political candidates over the years, including Bill Clinton, Al Gore and President Obama.” First AME’s minister, Rev. John J. Hunter, was transferred over to Bethel AME.

But Bethel doesn’t want him.

The next morning, church members said they stood on the steps of Bethel AME on Laguna Avenue an hour before the early morning service to block Hunter from entering. Hunter was not present when the service began at 8 a.m.
Thirty minutes later, Hunter and a bodyguard bypassed the lone guard who monitors the front entrance, church members said. Officials said that when they blocked Hunter from the pulpit, his demeanor shifted.

And why doesn’t Bethel AME want Hunter? Are they just upset at losing their pastor and throwing a temper tantrum?

In 2008, Hunter acknowledged using First AME’s credit cards for $122,000 in personal expenditures on items including suits, jewelry, vacations and auto supplies. A year later, the Internal Revenue Service said he owed more than $300,000 in back taxes. Hunter has said he repaid both debts.

More:

For years, critics of Hunter complained that he was inaccessible, overspent on personal security and refused to live in the South L.A. community where he preached. They said the church’s membership, tithing and its activist profile declined during Hunter’s tenure.

The LAT also alludes to, but does not detail, a sexual harassment lawsuit filed against Hunter during his tenure at First AME. Sounds like something more than a tantrum, doesn’t it?

Here. Have some more crap.

Thursday, November 8th, 2012

A/V Club obit for Elliott Carter.

NYT obits for Darrell Royal and influential former wine columnist Frank J. Prial.

Another election result that amuses me:

The referendum in Tuesday’s election asked voters whether Michigan should retain a recently enacted state law that allowed the governor to appoint “emergency managers” with broad oversight of financial decisions, budgets and union contracts for struggling local governments. The law was intended to help municipalities avoid bankruptcy or default, but it has been criticized for infringing on the rights of local governments.

The referendum failed, 53% – 47%.

Emergency managers currently oversee three school districts in Michigan, including the Detroit public schools, and the city governments in Benton Harbor, Escorse, Flint and Pontiac. Now it is unclear what the vote means for their work, as well as for a fledgling financial consent agreement between the state and Detroit, which has wrestled with billions of dollars of long-term debt and nearly ran out of money this year.

And another one: voters in San Francisco actually rejected a proposal “that would have taken the first steps toward draining Hetch Hetchy Reservoir and drastically revamped the way much of the Bay Area gets its water.”

The Prop. F initiative was the culmination of a years-long effort by environmentalists to restore Hetch Hetchy Valley in Yosemite National Park. The valley was flooded in 1923, when the city dammed the Tuolumne River to create a water system that now serves 2.6 million people in San Francisco and 29 other Bay Area cities.The measure, supporters said, would have compelled the city to take a much-needed look at its water usage and come up with a plan to replace the water and power now supplied by the Hetch Hetchy Reservoir. A separate vote in 2016 would have been required before the O’Shaughnessy Dam could be demolished.

From the Department of Wow: University of Houston cornerback D.J. Hayden is in the hospital. His condition is listed as “critical but stable” according to the HouChron. What happened?

Hayden had surgery to repair a tear in the main blood vessel that leads to the heart, an injury suffered when he collided with a teammate during Tuesday night’s practice, a person familiar with the situation told the Chronicle on the condition of anonymity.

This Statesman “story” is…just…odd.

Edited to add: A little more information on D.J. Hayden and his injury:

In a statement released by UH, [team physician Dr. Walter] Lowe confirmed that Hayden required immediate surgery Tuesday night for a tear of the inferior vena cava, the large vein that carries blood from the lower half of the body back to the heart.

More from Dr. Lowe: “This injury has never been seen or reported in association with a football injury and is more associated with high-speed motor vehicle.” Huh? There’s a photo caption: “…a freak injury normally associated with high-speed motorcycle wrecks.”

Dr. Lowe also apparently said that this kind of injury has a “95 percent fatality rate”. I have no problem believing that.

A few election results that amuse me.

Wednesday, November 7th, 2012

Edited to add: Left out one significant result:

Louisiana voters on Tuesday overwhelmingly approved a proposed constitutional amendment that gives the state the strongest gun laws in the nation, according to nearly complete state elections office returns.

(Hattip: Sebastian.)

As David Letterman always says…

Tuesday, October 30th, 2012

…”Please, no wagering.”

Nine people, including coaches and the president of the South Florida Youth Football League, have been arrested as part of an elaborate gambling operation involving illegal betting on peewee, college and professional sports teams.

Oddly enough, the HouChron has a longer story, which states that “more than $100,000” was bet on the youth football championship.

Coaches routinely met before games and set point spreads, investigators said, but they do not believe the games were thrown or that coaches encouraged players not to complete a touchdown in order to control the outcome. Authorities said they had no evidence that the players were aware of the bets.

Yeah. Wanna bet the players weren’t aware that Daddy was betting on them to cover the spread?

Wait. That was kind of insensitive of me, wasn’t it?

Still. Eight-year-olds, dude.

Millions and millions of dollars.

Monday, October 29th, 2012

Bal Harbour is a village in Florida. They have a population of 2,574 people, and a police force of 27 officers.

In just one month, the village’s police helped reel in $3 million — and by the end of the year, they took more dollars from drug dealers than any police force in Florida.

Now they are the subject of a Department of Justice investigation.

“No one’s told me that we’re not in compliance,” said [Bal Harbour Police Chief Thomas] Hunker, who estimated the feds have frozen nearly $30 million.

Yeah. Thirty. Million. Dollars.

For the first time, agents have demanded explanations for the thousands of dollars doled out to snitches, as well as payroll records for two Bal Harbour cops stationed in Southern California and Charlotte County on Florida’s west coast.

1. Wait, “stationed in Southern California“?
2. “Though the village tapped into forfeiture funds to pay the two salaries, federal law prohibits police from relying on those dollars to cover the payroll of cops who work seizures.”

More:

In all, the team has helped take in $19.3 million from criminals in the past 3 1/2 years in more than a half-dozen states and Puerto Rico, with the village raking in $8.35 million.

Whaaaaaaat? “in more than a half-dozen states and Puerto Rico”?

In 2010 alone, village cops took part in 23 cases leading to $8.2 million in seizures — all outside of Florida — without law enforcement agents making a single arrest, records show.

This bears a lot more exploration. What are Bal Harbour cops doing operating outside of the village, much less in other states? And how and why are they getting a cut of seized assets for these operations in other states?

And what did the cops do with the money? Well, lots. Computers (Apple computers, no less), beach parties, a boat, a truck, a nuclear submarine, tacos…oh, wait, strike those last two. I was confusing Bal Harbour with Deadpool.

The biggest pay — $624,558 — to snitches over the past four years.

And:

In just one month, records show police plunked down $23,704 mostly on trips to Chicago, Las Vegas, Los Angeles, Phoenix, and Tampa — including two first-class flights to California — and rentals of a Cadillac SRX and a Lincoln Town Car.
…
However, the first-class flights and Cadillac rental were not part of an investigation, but a funeral for a fellow officer’s son and a meeting of law enforcement agents, records and interviews show.

(Hattip: Reason‘s “Hit and Run”.)

More EarthQuest updates.

Sunday, October 28th, 2012

Promoted from a comment left by Heather Dobrott:

The judge in Ohio dismissed the remaining third-party defendants including myself. Holbrook’s bid to attack the Texas taxpayers commenting on Earthquest has been ended in Ohio!

Earthquest and its dubious consultant, Don Allen Holbrook, are getting excellent coverage on Click 2 Houston:

http://www.click2houston.com/news/Where-is-Houston-s-replacement-for-Astroworld/-/1735978/17114488/-/4gxd1yz/-/index.html

http://www.click2houston.com/news/New-questions-arise-about-amusement-park-project/-/1735978/17147970/-/5w8vfgz/-/index.html

I’m delighted that the legal troubles of the folks like Heather asking questions about EarthQuest seem to be ending, and that other media outlets are starting to ask questions about EarthQuest as well.

Going to Montana soon…

Thursday, October 25th, 2012

“These inmates can make a weapon out of a chewing gum wrapper,” said Steven Kayser, whose company sells a floss product advertised as prison-safe. “Floss is right up there on the danger list.”

And yet, the cries for gun control continue.

In other news: gee, I really miss Frank Zappa.

Yo! Omar’s covering up!

Wednesday, October 24th, 2012

Remember James Kwon, “Maritime Director” of the Port of Oakland? Mister “Spent $4,500 on strippers at Treasures”?

New developments: Mr. Kwon has a boss, “Executive Director” Omar Benjamin.

Port officials, however, redacted Benjamin’s name from the copies of the party receipts that were turned over to us and others in response to public-records requests. According to a source close to the investigation, Benjamin insisted he didn’t remember being at the club.

Would you like to guess what Mr. Kwon is saying? Yes: not only was his boss at Treasures, but Mr. Benjamin actually authorized him to pick up the tab. Mr. Benjamin and Mr. Kwon are both on paid suspensions from their positions.

Also, the receipt in question “listed a half dozen directors and vice presidents from BNSF Railway as being in attendance”. This is interesting, because the port claims they followed “‘a standard protocol of redacting the names of all persons that appeared on the reports’ – except the person named in a media public-records request” in explaining why Mr. Benjamin’s name was redacted from the receipt. So if they redacted all the names, how were the BNSF directors listed?

Setting that aside, though, BNSF says that they’ve checked travel records and spoken to their people, and there’s “no evidence its executives were at the party, or even in Houston at the time”. (If they were in Houston, it could have been perfectly legit, as there was a conference going on.)

The way the press is treating this story also strikes me as odd. Both the SFChron and the HouChron seem to be treating this as more of a gossip column item (the HouChron even reprinting, word for word, the SF paper’s story) instead of a story about political corruption, while the Oakland paper seems to be totally silent about the entire issue.

Is it the strippers? Do the papers just not take stories that feature strippers seriously? Remember: it was a stripper that brought down Wilbur Mills.

Random fun: October 24, 2012.

Wednesday, October 24th, 2012

Remember our old friend Randy Adams, former police chief of the California city of Bell, who was seeking a $510,000 a year pension based on his contract with the city?

Ask not who the fail whale tolls for: it tolls for Randy Adams.

The chief, the judge wrote, also wanted to keep confidential an agreement that would have eventually granted him a disability retirement, meaning that half his pension would have been tax-free. His decision included an email that Adams sent to Spaccia during contract negotiations. “I am looking forward to seeing you and taking all of Bell’s money?!” he wrote. “Okay…just a share of it.”

Adams still has the option to appeal the ruling. In the meantime, instead of collecting $510,000 a year, his pension will be a mere $240,000 a year.

Glen Berger is writing a book. “Who?” Glen Berger, one of the writers of “Spider-Man: Turn Off the Dark”. Mr. Berger’s book currently bears the title “Song of Spider-Man: The Inside Story of the Most Controversial Musical in Broadway History”.

Mr. Berger is by no means an impartial observer in the troubled gestation of “Spider-Man,” the most expensive show in Broadway history. He was brought onto the project by Tony winning director Julie Taymor, with whom he co-wrote the book, but he and Ms. Taymor had an ugly split when she was fired in 2011, and a new writer and director were brought in to make the musical more family- and tourist-friendly.

And in other news, the NYT would like for you to shed some tears over the death of poor pitiful Dan Fredenberg.

What did Mr. Fredenberg do?

It was Sept. 22, and Mr. Fredenberg, 40, was upset. He strode up the driveway of a quiet subdivision here to confront Brice Harper, a 24-year-old romantically involved with Mr. Fredenberg’s young wife. But as he walked through Mr. Harper’s open garage door, Mr. Fredenberg was doing more than stepping uninvited onto someone else’s property. He was unwittingly walking onto a legal landscape reshaped by laws that have given homeowners new leeway to use force inside their own homes.

Harper shot and killed Fredenberg. The DA declined to prosecute, stating that the shooting was justified under Montana’s “Castle Doctrine”. This greatly upsets the NYT, and many of the morons who read the paper and leave comments.

But there are some inconvenient facts.

  1. Mr. Fredenberg was drunk at the time he was shot.
  2. Mr. Fredenberg entered Harper’s home; he wasn’t standing in the driveway or out on the sidewalk.
  3. Mr. Fredenberg and his spouse had a history of mutual spousal abuse (physical and verbal), according to the local DA.
  4. Mr. Fredenberg’s spouse was having a relationship of some sort with Harper. She denies it was sexual, but states that they were “intimate”.
  5. Mr. Fredenberg and Mr. Harper had “once clashed at Fatt Boys Bar & Grille in Kalispell”.
  6. Ms. Fredenberg and Mr. Harper were driving around the block that evening shortly before the incident; they were pursued by Mr. Fredenberg, which led to the shooting.

“You don’t have to claim that you were afraid for your life,” Mr. Corrigan, the county attorney, said. “You just have to claim that he was in the house illegally. If you think someone’s going to punch you in the nose or engage you in a fistfight, that’s sufficient grounds to engage in lethal force.”
It was immaterial that Mr. Fredenberg was unarmed. What mattered was what Mr. Harper — who declined to comment through his lawyer — later told investigators: that Mr. Fredenberg was charging toward him, angry, “like he was on a mission,” and that Mr. Harper was scared for his life.

Was Mr. Harper supposed to wait until he was attacked by a drunk man who he’d previously had an altercation with, in the privacy of his own home? Apparently, the NYT thinks the answer to this question is “yes”.

Castle Doctrine didn’t kill Mr. Fredenberg: poor judgement killed him.

The Quick and the dead.

Tuesday, October 23rd, 2012

This was on FARK, but it touches on so many things covered here, and is such a fascinating story, that I wanted to make note of it.

Thomas Quick was perhaps the most prolific serial killer in Scandinavia. During the 1990s, he confessed to over 30 murders, and was convicted of killing eight people.

Except his name wasn’t Thomas Quick. It was Sture Bergwall.

And he was being fed diazepam while he was confessing to the murders.

And he probably never killed anybody. There is a total lack of physical evidence linking him to the crimes. In several cases, he was convicted based only on his confessions, and in spite of the fact that there was physical evidence directly contradicting those confessions. (For example, in one case, recovered DNA didn’t match Quick/Bergwell’s DNA.)

And he was probably being fed information – information he used to build his false confessions – by the cops. (Henry Lee Lucas, call your office, please.)

There’s a book on the case that, as far as I can tell, does not have a US publisher. I’m hoping it finds one, as this is a heck of a story. (There’s also a good story behind the book; the author was a prominent documentary filmmaker/”investigative journalist” who started looking into Quick’s case, discovered the inconsistencies and other issues, and ended up having Quick/Bergwall tell all to him. As I understand it, this was the author’s first book. He died of cancer three days after finishing the manuscript.)

(Is this, like, a thing in Scandinavian countries? Dying before your book is published?)

Banana republicans watch: October 22, 2012.

Monday, October 22nd, 2012

Gas is expensive in California.

Even as gasoline consumption has declined in California in recent years because of high unemployment and increased vehicle fuel efficiency, refiners have been able to keep prices about 35 cents a gallon higher than the rest of the country.

Gee, I wonder why that is?

…the reason refiners made a killing while retailers such as Arya lost their shirts isn’t conspiracy, it’s economics. Oil companies operate what amounts to a legal oligopoly in California — an arrangement that probably will contribute to more wild gas spikes in the future.

You don’t say? Tell us more, Los Angeles Times.

That’s because the Golden State’s gasoline market is essentially closed. The state’s strict clean-air rules mandate a specially formulated blend used nowhere else in the country. Producers in places such as Louisiana or Texas could make it, but there are no pipelines to get it to the West Coast quickly and cheaply. As a result, virtually all 14.6 billion gallons of gasoline sold in California last year were made by nine companies that own the state’s refineries. Three of them — Chevron, Tesoro and BP — control 54% of the state’s refining capacity.

But why doesn’t someone come into the California market and open new refineries? Or re-open some of the mothballed ones?

Refiners contend that the price of gas reflects the higher cost of doing business in California. It costs as much as 15 cents a gallon more to refine the state’s clean fuel blend, and green regulations chip away at the bottom line. Fuel taxes, too, are higher than in many other regions.
“It’s a very difficult, challenging market,” said Tupper Hull, spokesman for the Western States Petroleum Assn., whose members include most of the region’s oil companies and refiners.
In August, the group released a report predicting that state rules to limit greenhouse gas emissions and push alterative fuels could force as many as eight of California’s refineries to close in coming years.

By the way:

At the same time, the number of refineries operating in California has declined to just 14 today from 27 in the early 1980s.

Art, damn it, art! watch (#32 in a series).

Monday, October 22nd, 2012

Once upon a time, there was an art gallery in New York City called Knoedler & Company.

Knoedler & Company made more than a fair amount of money selling art. As a matter of fact, they made a lot of money selling art supplied by one dealer, Glafira Rosales.

Between 1996 and 2008, the suit asserts, Knoedler earned approximately $60 million from works that Ms. Rosales provided on consignment or sold outright to the gallery and cleared $40 million in profits. In one year, 2002, for example, the complaint says the gallery’s entire profit — $5.6 million — was derived from the sale of Ms. Rosales’s works.

But there are some problems. Ms. Rosales’s “collection of works attributed to Modernist masters has no documented provenance and is the subject of an F.B.I. investigation.” One of the works that passed through her hands, a Mark Rothko painting, was sold by Knoedler for $8.3 million dollars, and has now been declared a fake.

At the moment 14 works Ms. Rosales brought to market — 9 of which were handled by Knoedler — have been judged as fake by authenticating bodies.
A company called Orion Analytical also conducted forensic tests on at least five Rosales paintings and reported that materials on the canvasses were not available or were inconsistent with the dates on the works.

Knoedler stopped selling works from Rosales in 2009, and immediately started losing money. They closed in 2011.

Your Austin nightclub legal update: October 19, 2012.

Friday, October 19th, 2012

When last we left the Brothers Yassine, two of them had been convicted of money laundering; the third brother, commonly known as “Steve” had been acquitted on the money laundering charge, but still faced drug charges.

The Statesman is reporting that “Steve” just pled guilty to a single drug charge, with the prosecution recommending a year and day sentence (with credit for time served). All of the remaining drug and weapons charges against him will be dropped under this plea agreement.

The guilty plea came exactly one week after a U.S. District Court jury found Yassine not guilty of money laundering. Much of the evidence presented at that trial would likely have been introduced in the drug and weapons trials, as well, Assistant U.S. Attorney Gregg Sofer told [U.S. District Judge Sam] Sparks this morning.

Additionally, “Steve” will be deported after he serves his time.