Archive for the ‘Law’ Category

Timeless. Changeless. Ways.

Monday, October 1st, 2012

In this case, not the timeless changeless ways of the Amish, but those of the…Emerald Triangle pot growers, who find their way of life threatened. Not by the fact that what they do is, you know, friggin’ illegal, but

Battered by competition from indoor cultivators around the state and industrial-size operations that have invaded the North Coast counties, many of the small-time pot farmers who created the Emerald Triangle fear that their way of life of the last 40 years is coming to an end.

Yes. They’re being threatened by competition.

Since the mid-1990s, the price of outdoor-grown marijuana has plummeted from more than $5,000 a pound to less than $2,000, and even as low as $800.

More:

…the liberalization of marijuana laws in the last decade upended the status quo.
From Oakland to the Inland Empire, people began cultivating indoors on an unprecedented scale at the same time that growers from around the world flooded the North Coast because of its remoteness and deep-rooted counterculture.

Medical marijuana dispensaries, according to the LAT, prefer weed grown indoors; I’m no expert on growing dope, but I’d figure that growing indoors gives you a more consistent product and more reliable sourcing.

The locals complain that back in the old days (we’re talking about the 1980s here), dope farmers “paid for community centers, fire departments, road maintenance and elementary schools.”

Even today, small cannabis-funded volunteer fire stations and primary schools are scattered throughout the ranges. And the local radio station, KMUD, announces the sheriff’s deputies’ movements as part of its public service mandate.

But now:

Longtime residents complain that the newcomers cut down trees, grade hillsides, divert creeks to irrigate multi-thousand-plant crops, use heavy pesticides and rat poisons, and run giant, smog-belching diesel generators to illuminate indoor grows. They blaze around in Dodge monster trucks and Cadillac Escalades and don’t contribute to upkeep of the roads or schools.

And:

“Ultimately we worry about Winston or Marlboro getting some land and doing their thing,” said Lawrence Ringo, a 55-year-old grower and seed breeder deep in the wilds of Sohum. “We see it time after time in America — big corporations come in and take over.”

Wow, Ringo. Did you really think that when dope was legalized, R.J. Reynolds was going to come down out of the hills and start purchasing your organic free-range ganja in quantities large enough to satisfy the American consumer?

How can sun-grown not be better medicine?” Anna asked. “If you’re sick, you want something that has chemicals in it? You can’t grow indoor organically. Not to mention the fossil fuels it burns up.”

“If you’re sick, you want something that has chemicals in it?” Yes, you stupid bitch. We in the civilized world call that “medicine”. And here’s another big fucking hint for you: everything has chemicals in it, including your organic brown rice and that dope you’re growing.

The libertarian side of me believes that marijuana should be legalized. The non-liberatarian side of me is starting to lean more towards legalization, if it means that these idiots will be forced to find some sort of useful work.

Legalization “has the potential to be devastating,” she said.

The most shocking thing about this story? That the LAT apparently printed it with a straight face.

Burn it to the ground and start over. (Part 5)

Saturday, September 29th, 2012

I think everyone knows Camden, New Jersey is a troubled city.

The police acknowledge that they have all but ceded these streets to crime, with murders on track to break records this year.

What to do, what to do?

Answer: burn it to the ground and start over.

…in November, Camden, which has already had substantial police layoffs, will begin terminating the remaining 273 officers and give control to a new county force. The move, officials say, will free up millions to hire a larger, nonunionized force of 400 officers to safeguard the city, which is also the nation’s poorest.

More:

Though the city is solidly Democratic, the plan to put the Police Department out of business has not prompted the wide public outcry seen in the union battles in Chicago, Ohio or Wisconsin, in part because many residents have come to resent a police force they see as incompetent, corrupt and doing little to make their streets safe.

So I’m wondering where people think the Camden PD officers are going? Do they really think these “incompetent, corrupt, and doing little” officers aren’t going to wind up as part of the new county force? It isn’t just a question of politics: where is the new force supposed to get 400 trained officers from, if not from the pool of existing officers who aren’t currently working?

Camden’s budget was $167 million last year, and of that, the budget for the police was $55 million. Yet the city collected only $21 million in property taxes. It has relied on state aid to make up the difference, but the state is turning off the spigot.

More:

For example, officers earn an additional 4 percent for working a day shift, and an additional 10 percent for the shift starting at 9:30 p.m. They earn an additional 11 percent for working on a special tactical force or an anticrime patrol.

I’m going to have to propose that to my boss. “Hey, boss. I’d like an extra four percent for working my normal 8-5 shift. How about it?” (My company actually does pay a night shift differential.)

Salaries range from about $47,000 to $81,000 now, not including the shift differentials or additional longevity payments of 3 percent to 11 percent for any officer who has worked five years or more. Officials say they anticipate salaries for the new force will range from $47,000 to $87,000.

Before: $47,000 to $81,000. After: $47,000 to $87,000. This is the kind of thinking that has gotten us to where we are today: nimble-footed sprinters on the treadmill of life. (Tne NYT is unclear as to whether the “after” includes shift differentials and the special incentives.)

And liberal sick time and family-leave policies have created an unusually high absentee rate: every day, nearly 30 percent of the force does not show up. (A typical rate elsewhere is in the single digits.)

And:

Under labor law, the current contract will remain in effect if the new county force hires more than 49 percent of the current officers. So county officials say they will hire fewer than that. Nevertheless, they expect that the new force will eventually become unionized.

I see. So they can hire up to 49% of the current Camden officers. 49% of 400 is 196. The current Camden PD has 273 officers. Interesting numbers there.

When earth-moving equipment is outlawed…

Friday, September 28th, 2012

…only outlaws will have earth-moving equipment.

When banners purportedly signed by Velazquez recently appeared in various cities — accusing rival Miguel Trevino and his followers of being traitors — Trevino reportedly sent steam shovels and earth-moving equipment to smash one of Velasquez’s homes in the Zacatecas city of Fresnillo.

Hey, at least Trevino didn’t try to kill Velasquez with a forklift… (Edited to add 10/1: What, none of you people noticed I screwed up the link? Fixed now.)

This reminds me, in turn, of something I ran across a few days ago. I was searching for the Latin translation of “the ram has touched the wall” (“Murum aries attigit”, if you’re curious) and found this quote, attributed to Seneca: “Quemadmoeum gladis nemeinum occidit, occidentis telum est”. Or, “A sword is never a killer, it is a tool in a killer’s hand.” Sound…familiar?

(N.B. I have not been able to personally track down the attribution to Seneca.)

PSG, WSP.

Friday, September 28th, 2012

For those of you unfamiliar with that abbreviation, that’s Jay G’s rendering of “Play Stupid Games, Win Stupid Prizes“.

Police say an argument erupted in the parking lot between the ex-boyfriend, his brother and the bouncer about why the bouncer was helping the woman get her personal items.
The bouncer grabbed a shotgun and fired one shot into the ground. The ricocheting buckshot or debris dislodged by the blast hit the ex-boyfriend’s brother in the leg.

This is why you don’t fire warning shots, people!

Random notes: September 28, 2012.

Friday, September 28th, 2012

So Bo Xilai has been expelled from the Chinese Communist Party, and faces criminal prosecution on charges related to bribery and the criminal case involving his wife and her alleged murder of a British businessman. That’s pretty much news everywhere.

But here’s something interesting:

A senior Chinese forensic scientist who works for the government has said that the evidence presented in a prominent criminal trial last month did not prove that Neil Heywood, a British businessman, was killed last year by cyanide poisoning.

More Herbert Lom obits: NYT. A/V Club. LAT.

Good news, everyone! If you work in the Texas state prisons, a Facebook friendship with a convict no longer violates the ban on fraternization!

About two weeks ago, officials reinstated the sergeant after an internal investigation determined that a number of other prison employees had the same online friend, including the prison system’s chief financial officer.

Joseph Wolfe, a former police officer with the Fullerton police department, has been charged with involuntary manslaughter and excessive use of force in the beating death of Kelly Thomas. Officer Wolfe is the third officer to be charged in this case. (Previously. Also previously, and graphic image warning.)

The findings suggest that voters are leery of sending more cash to Sacramento in the wake of a financial scandal at the parks department, spiraling costs for a multibillion-dollar high-speed rail project to connect Northern and Southern California and ill-timed legislative pay raises.

Really? That’s a shocker.

Random notes: September 27, 2012.

Thursday, September 27th, 2012

Sorry, folks. My normal schedule has been disrupted by a (thankfully not serious) personal matter.

“Who’s a good boy? Yes, you are. You’re a good boy. You sniff out drugs. Yes you do. And you don’t steal guns from the city and sell them. No, you don’t. And you don’t owe tens of thousands of dollars in child support in Texas. Good boy! Go catch the ball!”

(Hattip: Balko.)

The guy APD shot Tuesday night? Died in the hospital. (Linked article contains more details on the shooting.)

Obit watches: The WP is reporting the death of Herbert Lom.

John Silber, former Boston University president.

Andy Williams. (A/V Club. NYT. LAT.)

Holy cow.

Wednesday, September 26th, 2012

There seems to be no question that Lieu Tran had problems. Specifically, bipolar disorder.

Mr. Tran was a math teacher at a local high school. In April of 2011, he was told his contract wasn’t going to be renewed. This sent Mr. Tran into a downward spiral; he contacted a friend and told that friend he’d been having “scary thoughts about shooting his supervisors”. The friend gave him a ride to a mental hospital.

At the hospital, Tran repeated the thoughts to an admissions nurse, who testified that Tran cried, got into the fetal position and punched himself in the head during her interview with him. The nurse said she called an Austin police officer.

Mr. Tran engaged in a discussion with the APD officer later that day. He spent a week in the hospital, “having his medication adjusted and participating in group therapy”.

After he was released, he was arrested by APD and charged with “retaliation”, based on what APD considered to be his threats to “buy a firearm, tying up [Assistant Principal Sheila] Reed and [Principal Daniel] Garcia, shooting them in the arm and leg and making them watch him kill their families”.

The case went to trial this week. Today, the judge threw out Mr. Tran’s statements to the police officer:

[State District Judge Mike] Lynch ruled that because of Tran’s mental state, the statements to the officer could not be used against him at his trial, citing a Texas law that requires such statements be given voluntarily.

Without the statements, the state had no case, and the prosecution dismissed the charges.

That seems like the right thing to do. Now. But the right thing to do a year ago would have been not to bring charges.

Look, I understand Tran’s behavior might have been scary. But he sought help. He didn’t act on his impulses. He knew he had a problem and voluntarily committed himself. What were the APD and the Travis County DA thinking when they brought charges against a man who did the right thing? And did they even think about what impact this would have on other people facing similar situations?

Noted.

Wednesday, September 26th, 2012

Ewell Hunt, the former sheriff of Franklin County, Virginia, has been convicted of “misconduct by an elected official”. Mr. Hunt has been fined $500 and given a 30-day suspended jail sentence.

Former sheriff Hunt’s conviction stems from the murder of Jennifer Agee by her ex-husband, deputy Jonathan Agee. I’ve touched on this case previously here and here.

Random crap, September 26, 2012.

Wednesday, September 26th, 2012

Let us say, hypothetically, you run a restaurant. (I’m fully aware the vast majority of my readers are not crazy or stupid, but play along here.)

You need things like stoves and refrigerators to run a restaurant, right? Those things need to work. If the stove breaks, you can’t cook food. If the cooler breaks, you’re going to lose a lot of stockpiled goods. So when things break, it is important to get them fixed, fast.

What are the economics of restaurant repair? How much can you expect to pay for service? William Grimes has an interesting piece in the NYT today about that subject.

Kitchen Works offers a basic contract for Manhattan restaurants for $425 a month, which puts it on call 24 hours a day, 365 days a year. When it was open, Tavern on the Green paid $1,000 a month. Like Kitchen Repair Specialists, also a mom-and-pop operation, Kitchen Works, based in Freeport, N.Y., has about 10 trucks that cover the five boroughs and Long Island. Techs can field up to 10 calls a day.

Kitchen Works specializes, from what I can tell, in stoves. Refrigeration contracts run roughly the same.

Speaking of Grimsey, I just finished Appetite City: A Culinary History of New York. I’m trying to decide if I want to write a longer review of it, and where I want to post that if I do, but the short version: this a swell book, and I enthusiastically recommend it. (I’d also recommend purchasing the print version. There are a lot of photos and reproductions of menus in the book, and I’m not sure how well those come across in the Kindle edition.)

She paid $362 in property taxes last year for the acre she lives on. This year, McIntosh County wants $2,312, a jump of nearly 540 percent.

More:

The county also started a new garbage pickup service and added other services, which contributed to the higher tax rates, he said. Sapelo Island residents, however, still have to haul their trash to the dump.
“Our taxes went up so high, and then you don’t have nothing to show for it,” said Cornelia Walker Bailey, the island’s unofficial historian. “Where is my fire department? Where are my water resources? Where is my paved road? Where are the things our tax dollars pay for?”

Remember yesterday’s APD press conference? Remember the chief saying that APD officers should stop putting themselves in front of moving vehicles?

A police officer shot a man who drove a stolen SUV toward him following a brief pursuit in South Austin, Chief Art Acevedo said Tuesday night.

I’m not saying the officer did anything wrong, or violated policy, at this point. Details are still coming in, but it sounds like the gentleman in question (who, according to the Statesman, had 16 felony warrants) may have deliberately driven at the officer. I just think this is worth noting.

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

Tuesday, September 25th, 2012

So Austin’s favorite police chief had a press conference this morning “flanked by two of his harshest critics”. (In case you were wondering, those are Nelson Linder, president of the local NAACP, and Jim Harrington, executive director of the Texas Civil Rights Project.)

Why the press conference? APD policy changes, which Chief Acevedo credits to input from Mr. Linder and Mr. Harrington. Specifically:

It isn’t clear to me if these are the only policy changes, or if there were less significant ones that the Statesman is skipping. One other area that’s been highly controversial lately is photographing and recording APD officers during arrests: Scott Henson over at “Grits for Breakfast” has some good coverage of what’s been going on.

Off the top of my head, none of these sound horrible. I do have a concern that requiring a minimum of four officers to respond to emotionally disturbed persons might, just might, cause problems, if that kind of response looks overwhelming to the subject. However, I think the training requirement may offset that concern. The big issue: does APD have enough people, with the right training, to respond in a timely fashion?

Maybe they should have done “Gaslight” (and more random notes for September 25, 2012)

Tuesday, September 25th, 2012

Ben Sprecher is a theatrical producer. Most of his work has been off-Broadway, but he’s trying to put on a Broadway musical version of “Rebecca”. (I know what you’re thinking, but according to the NYT, this was done in Vienna in 2006, and played well.)

Anyway, Mr. Sprecher estimates that he needs $12 million for this. Mr. Sprecher had an investor – a man named Paul Abrams – who was putting up $4.5 million. That’s a lot of money for one person to invest in a Broadway show. But wait, it gets better!

Reports in August of his sudden death in Britain of malaria — yet no obituaries, no death notices. A representative for the Abrams estate surfaces, a person identifying himself only as “Wexler” who refuses to speak by phone and uses an e-mail address created just last month.

But wait, it gets even better: Mr. Sprecher never met or spoke to Mr. Abrams at all. There are questions as to whether Mr. Abrams ever even existed.

“I’ve never heard of a situation where you didn’t at least meet the person raising 30 percent of your show budget,” said Robert E. Wankel, president of the Shubert Organization, one of the big three Broadway landlords and a six-figure investor in “Rebecca” as well as the owner of its intended theater, the Broadhurst.

Mr. Sprecher is trying to raise money to fill the gap. But if he fails and the musical doesn’t open, he’s on the hook to his other investors.

Na, na, na, na, na, na, na, na, na, bat cave!

Obit watch: Edwin Wilson. Remember Edwin Wilson? Former CIA guy? Convicted of shipping plastic explosives to Libya? Spent 20 years in prison?

A federal judge threw out his conviction in 2003, ruling that prosecutors knowingly used false testimony to undermine his defense.

Yeah. That guy.

Debacle? That seems strong. But I didn’t watch the game. “Debacle” may not be strong enough.

Donuts. Is there anything they can’t do? Well, they can register domains. But Donuts, Inc. has close ties to Demand Media…

Industry watchdogs have long criticized Demand Media as a leading provider of services to spammers and a host to sites that commit “cybersquatting.”…
Garth Bruen of the industry watchdog group KnujOn said Demand Media has not replied to any of the many spam complaints he has submitted to the company.
“They are looking the other way,” he said. “I’ve sent them tons of information. They never respond. They have this one address, legal@enom.com, and you never get a person.”

The current theory on convicted sex offender and fugitive from justice Prakashanand Saraswati seems to be that he’s in India now, having been spirited out of the country by his followers. And the US Marshals don’t have an office in India.

Maybe they could send some BATF guys from Reno to India.

Random notes: September 21, 2012.

Friday, September 21st, 2012

Somewhere, deep within the Bronx, is a horse stable. Back in the old days (some twenty years ago) people went to the stable and rented horses for rides on a trail that runs past Pelham Parkway.

The stable has been condemned by the building department, and the owners of the property haven’t paid taxes since 2007. But just because the stable is condemned doesn’t mean there’s nothing left inside.

What remains? A horse, of course. A horse named Rusty that the residents are trying to “save”.

Rusty is a mystery to even those who want nothing more than to save it. The residents and animal activists at the rally did not know its age, whether it was male or female, or how it came to be living in the stable, which has no posted name but was once known as Bronxbuster.

Noted here for family reasons: Texas Tech men’s basketball coach Billy Gillispie resigned yesterday. Gillispie had coached the team for one year.

This doesn’t sound like a firing: Gillispie states he resigned for “health reasons”. However, the university was investigating “allegations of player mistreatment” (Mike Leach, call your office, please), and Gillispie’s performance last season was disappointing, to put it mildly.

(I apologize for linking to the Statesman, but the Lubbock newspaper’s site isn’t working for me this morning. Here’s the HouChron story, which is a little longer.)

(Edited to add: Slightly different story, also from the HouChron.)

(Edited to add 2: I couldn’t pull it up at work – I kept getting errors from a proxy, and I don’t think it was ours – but now that I’m home, here’s the Lubbock paper’s coverage.)

Randy Adams had a hearing before a panel of the California Public Employees’ Retirement System yesterday. Mr. Adams is appealing the decision by the system not to include his one year as police chief of Bell in calculating his pension. (Previously.) If Mr. Adams wins his appeal, he’ll get a pension of $510,000 a year, “making him the second-highest-paid public pensioner in California” according to the LAT.

So how did the hearing go?

He was asked if he was Bell’s former police chief.
“Yes,” he replied.
Did he send an email to a Bell city official saying, “I am looking forward to seeing you and taking all of Bell’s money?!”
“On the advice of counsel I am going to exercise my right to remain silent,” he replied.
For the next 14 minutes, the man who had been a lawman for nearly 40 years, a police chief in three cities, exercised his constitutional right against self-incrimination over and over, refusing to answer most questions.

Not that there’s anything wrong with that, but I’m not sure I understand California law. Does the Fifth Amendment apply in an administrative proceeding? Or is Mr. Adams taking the Fifth because he’s concerned that evidence presented in the administrative proceeding could be used against him in a criminal case? (Remember, Mr. Adams has not been charged with any crimes. Yet.)

Deja vu all over again.

Thursday, September 20th, 2012

Someone is allegedly paying Monica Lewinsky $12 million for her memoir, which allegedly contains “more salacious details about Lewinsky and Clinton, ostensible complaints by Clinton about his wife, Hillary, and Lewinsky’s love letters to Clinton, previously unpublished”.

Kato Kaelin says O.J. is guilty.

The clock on my computer says it is September 20, 2012, not 1994. If it is 1994, does that mean I have to give back my diploma? And my Intel-based MacBook?

Some random stuff for the morning of September 20, 2012.

Thursday, September 20th, 2012

There hasn’t been much in the news the past couple of days, and I’ve been depressed and upset for various reasons that the readers of this blog won’t care about.

I don’t have a lot to say about the DOJ report on “Fast and Furious”. I haven’t had time to go through the report myself, and I’m expecting that a lot of people who are smarter than I am will have smarter things to say than I do, once they’ve had a chance to go through it.

The Astros have crossed the 100 loss barrier, and are still on track for 110 losses. Woot.

Today’s NYT has two articles I found kind of interesting. One is about problems with the United Network for Organ Sharing and kidney allocation:

…many experts agree that a significant number of discarded kidneys — perhaps even half, some believe — could be transplanted if the system for allocating them better matched the right organ to the right recipient in the right amount of time.

Story number two is about the Spirit Lake Indian Reservation in North Dakota:

The man who plays Santa Claus here is a registered child sex offender and a convicted rapist. One of the brothers of the tribal chairman raped a child, and a second brother sexually abused a 12-year-old girl. They are among a number of men convicted of sex crimes against children on this remote home of the Spirit Lake Sioux tribe, which has among the highest proportion of sex offenders in the country.

And:

Federal agencies, however, have sought to minimize the extent of the problem, including disciplining employees who have spoken publicly about sexual abuse and questioning the competence of others, according to federal and tribal officials.

And the mayor of Central Falls, Rhode Island, resigned yesterday. He’s also agreed to plead guilty on federal charges that “he took illegal gratuities from a friend and political supporter who received lucrative work from the city boarding up abandoned buildings”.

Some homes were boarded up even though people were still living there. Others were re-boarded by Bouthillette at Moreau’s direction, even though the owners had already had their own contractors board the building.

“Some homes were boarded up even though people were still living there.” In completely unrelated news: gee, I really miss Buddy Cianci.

I’m not snickering. I’m experiencing schadenfreude.

Wednesday, September 19th, 2012

I would have sworn I had written about the Virginia Samuelson murder case last year, but I can’t find it. Maybe I sent it to Weer’d Beard for the “Gun Death” files instead.

Short version: Shaun Samuelson got into an argument with his mother, Virginia, and hit her several times. EMS was called, and while Mrs. Samuelson was on a stretcher, being loaded into the ambulance, Mr. Samuelson drove his pickup into the group (including Mrs. Samuelson, the EMTs, and an APD officer) killing her. (APD and the EMTs apparently ducked out of the way and avoided serious injury.)

The jury in Mr. Samuelson’s trial took 30 minutes to return a “guilty” verdict on capital murder charges.

Mr. Samuelson will serve a life sentence, as the prosecution did not seek the death penalty.