Archive for the ‘Law’ Category

Second chances?

Wednesday, August 15th, 2012

At age 69, Betty Smithey learned that sometimes you really do get a second chance.

She’s 69 years old, she’s been in prison for 49 years, she needs a cane to walk. Is anybody going to hire her? Who is going to pay her medical bills? What kind of “second chance” is this?

And the reason she was in prison for 49 years is that she strangled a 15-month-old baby. I don’t see anyone giving Sandy Gerberick a “second chance”.

Honestly, I’m not sure what justice would be in this case. Should Ms. Smithey have died in prison? Maybe. I want to believe that people deserve a shot at redemption, though. My problem is less with the commutation of her sentence and the granting of parole by Arizona authorities (which I suspect was motivated at least in part by not wanting to pay the medical bills of an old woman), and more with the LAT‘s hopelessly optimistic characterization of releasing a woman who has spent the past half-century in prison as giving her “a second chance”.

More things I did not know until now.

Wednesday, August 15th, 2012

In the mid 1990s, a man in Germany was caught with up to $11,000,000 in counterfeit Canadian Tire money. It was recovered before he left for Canada to redeem it. An Armenian man from the country of Georgia also had similar ideas about counterfeit scrip, and was caught with over 45 million in counterfeit coupons.

I have no joke here, I just like saying “Eleven million dollars in counterfeit Canadian Tire money.”

Random notes: August 15, 2012.

Wednesday, August 15th, 2012

I think today is going to be a day for food writing. I have a longer post planned about last night. But in the meantime, here are some random things for you to chew on.

The NYT has made several discoveries:

  1. There are places outside of Manhattan, and even outside of New York state, with exotic names like “Iowa”.
  2. People in those exotic places sometimes gather during the summer, in what are called “state fairs”.
  3. At those “state fairs” you can purchase food items on sticks.

(Quote from the slide show attached to the article: “The fascination with food on a stick is difficult to explain, but it usually means a 30 to 40 percent increase in sales.”)

(I would really like to know how well the vegetarian corn dogs are selling.)

Speaking of food, today would have been Julia Child’s 100th birthday. Expect festivities around the web, starting with the NYT.  I kind of like Julia Moskin’s “The Gifts She Gave” and Jacques Pépin’s “Memories of a Friend, Sidekick and Foil“.

(I note, with some bitterness, that our local PBS station is showing something called “Julia Childs [sic]  Memories: Bon Appetit” tonight. I say “some bitterness” because a) I expect this to not show any complete recipe preparations, from start to finish, and b) our local PBS station is in the middle of a pledge drive, so I expect constant “give us money” interruptions.)

Something I noticed over the weekend: the French Quarter Grille has opened a second location. In Round Rock. Specifically, in the old Gumbo’s location. Hmmmmm.

Obit watch for the record: Ron Palillo, “Horshack” on “Welcome Back, Kotter”.

The LAT has apparently discovered that used car dealers are…used car dealers.

From mid-2008 to this April, 862 licensed used-car dealers — about 1 in 8 statewide — sold at least one vehicle three or more times, The Times has found.

Lying liars who lie.

Tuesday, August 14th, 2012

Petros Bedi is doing a 42 1/2 year prison sentence. Twelve years ago, he was convicted of shooting a man in a nightclub.

The primary prosecution witness was a man named Seraphim Koumpouras, who agreed to testify after he was arrested on drug charges.

During Mr. Bedi’s trial, a defense lawyer blasted away at the credibility of this witness and tried to prove he had incentive to lie. Didn’t the Queens district attorney foot the hotel bill to put up you and your girlfriend for eight months? Weren’t you paid handsomely for your testimony?
No, the witness insisted. I paid my own bill. Nobody paid me anything.

This was a lie, and the prosecution knew it, because they were the ones who paid Mr. Koumpouras: they gave him $3,000 in cash, and paid $16,640 in hotel bills.

Noted:

…in 70 known cases of prosecutorial mistakes and misbehavior in Queens over about a decade, the district attorney, Richard A. Brown, has disciplined just one lawyer.

Toys, toys, toys.

Monday, August 13th, 2012

Did you know that the promo code SUCKITGROUPON will get you 45% off your Buckyballs order from getbuckyballs.com?

I didn’t, either, until I saw it on Overlawyered. I already got my first set of Buckyballs, but I just ordered some more: this time, I got some BuckyBigs, so I can pretend to be Captain Queeg while I’m sitting at my desk.

(Note that I have no financial relationship with the BuckyBalls people; I just want the CPSC to die in a fire.)

In other news, the Germans have shipped my USB TV receiver.

Obit watch: August 13, 2012.

Monday, August 13th, 2012

Gregory Powell, one of the two Onion Field killers, is dead.

Officer Ian Campbell was unavailable for comment.

Edited to add: Longer obit in the LAT. Karl Hettinger was also unavailable for comment. But Big Joe Wambaugh did have something to say.

More things I did not know.

Thursday, August 9th, 2012

Chain of causality: one of my cow-orkers was bitten by a dog (not seriously) which led to a discussion of The People’s Court (which, when I was watching it, seemed to be dominated by dog and dog-bite cases), which led to a discussion of Judge Marilyn Milan, which in turn led us inevitably to Wapner and Rusty the bailiff.

From the Wikipedia entry on The People’s Court:

Rusty Burrell (1925–2002) was a sheriff’s department court bailiff in several famous Los Angeles trials, the Manson murders, The Onion Field murder, the Patty Hearst/SLA bank robbery, and the Caryl Chessman “Red Light Bandit”. Burrell had previously appeared on TV in the 1950s Divorce Court, and it was also his job at that show to find real attorneys to appear on camera. One of those regular Divorce Court attorneys was Judge Joseph Wapner’s father.

Patty Hearst, Chessman, Manson and the Onion Field? Rusty must have had some great stories to tell.

August 8th updates.

Wednesday, August 8th, 2012

Longer Marvin Hamlisch: NYT, LAT.

Speaking of obits, noted astronomer and pioneer of radio telescopy, Sir Bernard Lovell, passed away on Monday.

There was an update to the Sheri Sangji story while I was on vacation that I wasn’t able to blog. Luckily, Derek Lowe was on the case. For those of you who don’t remember the story, Ms. Sangji was working with t-butyl lithium in a UCLA lab; the substance, which catches fire when exposed to air, spilled, Ms. Sangji was severely burned, and died 18 days later. The university and the primary researcher, Dr. Patrick Harran, faced felony charges.

While I was gone, the charges against the university were dropped. Apparently, UCLA made a deal with the prosecution. The charges against Dr. Harran still stand.

But then it gets weird. Dr. Harran’s defense team is trying to discredit the OSHA report on the accident, based on the accusation that the author of the report participated in a murder when he was 16 years old and failed to disclose this to his employers. I’m not sure at this point if it was actually established that the author of the report and the murderer were the same person, but the author resigned his position anyway.

This is intended to be a short update. The Derek Lowe blog entry linked above has a longer summary, including links to various other sources; I commend it to your attention.

Banana republicans watch: August 7, 2012, special “blood in the streets” edition

Tuesday, August 7th, 2012

The “Blue Line” runs from Long Beach to downtown Los Angeles. That’s about 22 miles. (The Houston METRORail is 7.5 miles long, just for comparison.)

With 22 accidents and six fatalities so far this year, officials say the Blue Line — one of the busiest light rails in the nation — is on pace to have more deaths in 2012 than any other year in its 22-year history — a considerable feat given the line’s checkered safety record of striking passing cars or pedestrians, or as a place where some go to commit suicide. Four of the fatalities this year were ruled suicides.

It would be nice to know what the accidents per mile traveled figure is, and how that compares to other systems. There’s no miles traveled figure in the LAT article. And finding information on METRORail crashes is nearly impossible these days; the transit authority doesn’t release that information, and the Houston-area bloggers who were maintaining counts have all moved on to other things.

In other news, the California city of Fullerton is considering shutting down the Fullerton PD and contracting out police services to the Orange County Sheriff’s Department. You may remember the Fullerton PD from the beating death of Kelly Thomas (graphic image at that link):

Two officers have been charged in his death, the police chief has left, three officers quit the force in the face of termination proceedings and three of the five council members were recalled in a June election.

But folks say it isn’t about Kelly Thomas, it is about the money:

Fullerton Councilman Bruce Whitaker, a sharp critic of how the police handled the violent encounter with Thomas, said that although the department needs to be examined, the driving force behind potentially contracting out police services is the $37 million required to operate the 144-officer department.

Another reason not to use Facebook.

Friday, August 3rd, 2012

Alberto Gutierrez was married to Mayela Gutierrez Gil. The relationship was somewhat rocky, and Mr. and Mrs. Gutierrez decided to divorce.

The divorce itself was somewhat unpleasant. Mr. Gutierrez was charged with “making criminal threats, stalking and two counts of disobeying a domestic relations court order”. The stalking charge was dismissed by a judge, who also threw out one of the two counts of disobeying a court order. Mr. Gutierrez was acquitted by a jury on the other counts.

So what? Well, it seems that Mrs. Gutierrez was romantically involved with Detective Phillip Solano of the Los Angeles County Sheriff’s Department.

…during Gutierrez’s criminal trial, information surfaced that the man’s wife, Mayela Gutierrez Gil, and the detective were Facebook friends who had exchanged messages and calls. “How are you precious? I miss you a lot,” read one from the detective, according to Gutierrez’s attorney, Arnoldo Casillas.

Mr. Gutierrez sued LACSO, detective Solano, and another LACSO deputy, Russell Verduzco. Verduzco was accused of “conspiring with Solano to cover up evidence that showed Gutierrez’s wife was in fact the one making threats against him.”

The jury awarded Mr. Gutierrez $457,500.

Sheriff’s Department spokesman Steve Whitmore said Solano will now face an internal affairs investigation. Although, he said, sheriff’s officials “believe we have very strong grounds for an appeal, so that’s going to be carefully considered.”

Random roundup, August 3, 2012.

Friday, August 3rd, 2012

We’ve got wrongful convictions, we’ve got banana republicans, and we’ve got pizza. Something for everyone: a comedy tonight. (Dammit, I miss Zero Mostel.)

In 2004, Omar Bradley, then mayor of Compton, was convicted of misappropriation of public funds. Also convicted with Mr. Bradley were Amen Rahh, a former council member, and John D. Johnson II, the former city manager.

Prosecutors said the men had used their city-issued credit cards for personal items and “double dipped” by taking cash advances for city business expenses and then charging the items to their city credit cards. Bradley was accused of misusing about $7,500 for purchases that included golf balls and shoes, cigars, a three-day stay in a penthouse hotel room and in-room movies.

Bradley’s conviction was on a felony charge: he served three years, could not hold public office, and lost his teaching credentials.

However, in another case last year, the California Supreme Court held:

…that officials must know or be “criminally negligent” for not knowing that they are doing something illegal in order to be guilty of misappropriation of funds.

The punchline?

Based on that case, the appeals court reversed its previous decision in Bradley’s case and overturned his conviction Wednesday.

(Rahh’s and Johnson’s convictions were not overturned.)

I’ve previously alluded to the police shootings in Anaheim, and observed that I don’t have a clear grasp of what’s going on. The NYT ran this story while I was on vacation, which I think gives a decent overview, and follows-up today with this story, which is more about the political and cultural divisions in Anaheim. (Note the correction at the bottom.)

As long as we’re on the NYT site, there’s another interesting story to talk about. Baithe Diop was a cab driver who was killed in 1995. Five men were convicted of his murder as 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 now, 15 years after the criminal trials, federal authorities have concluded that all five of those now imprisoned for the murder were innocent of the crime.

More:

The new findings suggest that there was a colossal breakdown in the criminal justice system. Robert T. Johnson, the Bronx district attorney since 1989, said through a spokesman on Thursday that his office had been notified of the new evidence discovered by federal prosecutors but had not yet been able “to resolve all of the questions that have been raised by this evidence.”

It now appears that the murder was actually committed by members of the “Sex Money Murder” gang.

So. Pizza. Mangia Pizza. As we have previously noted, Mangia went into Chapter 11 bankruptcy in 2010. Mangia’s founder has proposed a plan to get them out of Chapter 11. However, another creditor has proposed a counter plan. The founder’s plan would (in theory) pay back unsecured creditors 100% of what they’re owed over the next ten years; the competing plan would give that creditor control of the company, and pay back the unsecured creditors 22 cents on the dollar. The founders have since modified their plan so that the unsecured creditors will get 22 cents on the dollar immediately,”with assurances to pay the remainder of the amount owed in coming years”.

(If I was a creditor, given the situation, I wouldn’t count on getting 100% of my money back in ten years, or ever. I’d take my 22 cents on the dollar and consider anything after that found money.)

What makes this even more interesting is that the competing creditor, “Cloud Cap LLC,  a subsidiary of Austin-based management and investment firm Pileus Group LLC” became a creditor by buying a claim from a place called Knife Sharpist, which (duh) sells knives and does knife sharpening. (I’ve been there a couple of times. They do good work.) The total amount of Knife Sharpist’s claim was $244.66.

Cloud Cap’s plan calls for changes to Mangia’s menu, a revamp of the restaurant’s décor and additional locations.

(For Austin residents who might be confused, the Mangia at Gracy Farms (which the Statesman constantly calls The Domain: it isn’t) and the one on Lake Austin are owned by another company and aren’t involved in the Chapter 11 proceeding. The Chapter 11 proceedings only involve the location on Mesa and the one at the airport. But it does make me wonder: if Cloud Cap takes control, will they force those two locations to change the name?)

[Michelle] Musick [Mangia’s bookeeper] said Mangia’s management has already taken steps to get the company back on stable footing, including closing stores in Round Rock and on Guadalupe Street near the University of Texas campus.
“The Guadalupe store was actually breaking even, but the rent was so astronomically high,” she said. “The Round Rock store was bleeding money.”

Mangia, according to the article, owes “more than $750,000”. (How much more?)

Records show that the Internal Revenue Service is owed the most, about $190,000. Other creditors include the state comptroller’s office, Travis County and the Round Rock school district, as well as several businesses.

Banana republicans watch: August 2, 2012.

Thursday, August 2nd, 2012

Randy Adams wants severance pay.

That’s Randy Adams, former police chief for the city of Bell.

That’s Randy Adams, former police chief for the city of Bell, who was making $457,000 a year and cut a deal with the city of Bell to approve his disability pension at the same time the city was hiring him.

While I was on vacation, another story broke that I didn’t have time to cover. Last year, the state of California announced that they couldn’t keep all the parks in the park system open. Citizens and municipalities in California responded by donating money and coordinating fund raising events.

It turns out that the park system actually had $54 million stashed in various accounts. And folks are peeved.

In Ventura County, supervisors Tuesday sent a letter to state officials demanding the immediate return of $50,000 earmarked to repair a crucial sewer line at McGrath State Beach near Oxnard. Last year, the state said the popular beach would close because it lacked $500,000 for the fix. Officials even urged McGrath fans to vote early and often in a Coca-Cola contest that would award $100,000 to America’s “favorite” park.

Pity the poor Stockton PD. (Well, and the Stockton Fire Department, too.)

Stockton police officers and firefighters said they haven’t been able to fill the gas tanks of their emergency vehicles because the pumps at their stations are empty.

Since the city has filed for bankruptcy, the company that was providing gas has terminated the contract.

By the way, former Stockton Police Chief Tom Morris, who served as the chief for eight months and retired at 52, is getting an annual pension from the city of $204,000.

(Hattip for that last link to Instapundit.)

Yes, we have more bananas.

Wednesday, August 1st, 2012

The House Ethics Committee has recommended that Rep. Laura Richardson (D-Long Beach) be reprimanded for pressuring her congressional staff to work on her political campaign, dealing a severe blow to her reelection bid.

…

In a scathing report issued Wednesday, the ethics panel’s investigative subcommittee found Richardson improperly used House resources for campaign and personal purposes, compelled congressional staff to work on her campaign and obstructed the committee investigation “through the alteration or destruction of evidence” and “the deliberate failure to produce documents.”

Obstruction? “deliberate failure to produce documents”? “…callous disregard for her staff and the resources entrusted to her by the American people”? And she gets a reprimand?

You’re doing it WRONG!

Wednesday, August 1st, 2012

A suspect in a Smart Car led authorities on a high-speed chase from west Houston to northwest Houston Wednesday afternoon.

(Video of the “high-speed chase” at the link.)

Banana republicans watch: August 1, 2012.

Wednesday, August 1st, 2012

Tyrone Freeman used to be the president of Local 6434 of the Service Employees Industrial Union (SEIU).

Then things started happening. The LAT did a series of reports on Freeman’s spending as head of the local. The federal Department of Labor, the FBI, and the IRS started investigating.

Last month, his wife, Pilar Planells, pleaded guilty to an income tax charge in connection with more than $540,000 she received in consulting payments from the union. She is expected to be sentenced to three years’ probation and must pay about $130,000 in back taxes, interest and penalties, according to court records.

And now Freeman has been indicted on 15 counts:

Freeman was indicted on federal charges of stealing from those workers to enrich himself — even billing the union for costs from his Hawaiian wedding. The 15-count indictment, which also contains allegations that he violated tax laws and gave false information to a mortgage lender, carries combined maximum prison sentences of more than 200 years.

Oddly enough, I see no mention of strippers. Freeman was apparently big on cigars and cognac.

Still pending in state court is a civil lawsuit the union filed against Freeman and Planells over more than $1.1 million they allegedly pilfered. The suit contends that the money financed Freeman’s lifestyle of $175 glasses of cognac, $250 bottles of wine and a $3,400 trip to the NFL Pro Bowl.

Yeah, Hawaii is nice and all. But, dude, the Pro Bowl? Seriously?