Archive for the ‘Law’ Category

Random notes: July 24, 2012.

Tuesday, July 24th, 2012

Obit watch: Sally Ride.

Previously noted, but bears repeating: The Lustgarten Foundation for pancreatic cancer research.

Noted without comment. (See also.) (See also.) (See also.)

Faced with a crippling combination of low revenues, high labor costs and decreasing funding from the state, El Monte is moving to declare a fiscal emergency and seek a tax on sugary beverages sold within the city.

More:

El Monte officials said they are not at the edge of bankruptcy but need the sugary drinks tax revenue as a protection against insolvency down the road.

I’m fascinated by the events in Anaheim, but I don’t know what to make of them right now. (More here.)

We can’t make doughnut jokes any more.

Thursday, July 19th, 2012

But we can make burrito jokes. TJIC, call your office, please.

One of the surest places to find a police officer in downtown Brooklyn, other than the 84th Precinct station house, is the Chipotle Mexican Grill restaurant on Montague Street.

The popularity of this Chipolte among the NYPD might – just might – have something to do with the 50% discount they give to uniformed officers. Of course, accepting this discount violates NYPD policy, or so the department says. However, offering the discount does not violate Chipolte’s policy, according to a spokesman for the chain.

Sometimes, the questions are hard.

Thursday, July 19th, 2012

And sometimes there’s not an easy answer.

What is justice?

What is redemption? How do we decide when a person is redeemed? Are there crimes that are beyond redemption?

What is the purpose of prison? What should our goals be when we lock people up? Protection of society? Punishment? Reform?

How should we treat young people who commit horrible crimes? Do we lock them away for life? Do we give them a chance to reform? What if we’re wrong, and reform doesn’t take?

Greg Ousley is serving a 60 year sentence in the Indiana prison system. He’s been there since 1994. In that time, he’s earned a degree in liberal arts from Indiana State (summa cum laude, no less). The corrections staff at his prison apparently thinks the world of Mr. Ousley.

His former work supervisor, Cindy Estes, was more explicit. “This kid has jumped through every hoop the state has put in front of him,” she told me. “He deserves to come out. There’s absolutely nothing to be gained by keeping him in there for another 10 years.”

He’ll be eligible for parole in March of 2019, unless a judge agrees to modify his sentence.

What did Mr. Ousley do? At the age of 14, he shotgunned his parents to death.

I don’t know what to do with Mr. Ousley. I don’t claim to know whether he’s reformed enough that he deserves to be let out. I don’t have answers to those questions. The only thing I have is the knowledge that I’m glad I don’t work in the justice system, because I don’t have those answers.

Banana republicans watch: July 18, 2012.

Wednesday, July 18th, 2012

Joe Wolfe has either resigned or been fired from the Fullerton, CA police department. Former Officer Wolfe was involved in the (warning!) Kelly Thomas beating death (as always, graphic image warning at that link), but has not yet been charged with a crime.

Add Compton to the bankruptcy watch. With a $42 million deficit, I doubt even a tax on rap groups with platinum records will help.

…the city has consistently fallen behind on payments to vendors, including its sheriff’s contract.

Remember when Compton was talking about reopening the Compton PD and spent $1 million on “equipment” before giving up? Good times, good times.

More recently, the city’s independent audit firm refused to sign off on the annual financial statements and quit, after Mayor Eric Perrodin wrote a letter to the state controller’s office alleging fraud might have contributed to the city’s financial issues and asking for an audit.

I’ve avoided blogging this next story because I felt like there was a limit to what my readers (many thanks to both of you) would put up with. Surprisingly to me, though, these banana republican updates have been among the most popular recent posts on my blog. You put up something thoughtful and original, and it gets ignored, but people seem to love California political corruption.

Anyway, there’s an ongoing case involving the Los Angeles Memorial Coliseum and accusations of bribes and kickbacks. The Coliseum is nearly broke, and USC is in talks to take it over.

A bunch of people have been indicted in the case. Former “general manager” Patrick Lynch has already pled to conflict of interest charges and agreed to repay $385,000 he got from a man named Tony Estrada.

Estrada is a former contractor with the Coliseum, and has been charged with “embezzlement and conspiracy”. Estrada is also a fugitive from justice.

Today’s LAT has an interview with the fugitive Mr. Estrada.

Tony Estrada, rocking the ski mask.

No joke. Mr. Estrada claims to be “somewhere in South America”; the interviews that make up the story were conducted by telephone and over Skype. (It is unclear to me how the LAT verified that the man in the mask was actually Estrada.)

And:

Estrada regards himself as a whistle-blower — and some Coliseum officials described him that way in the past — because he came forward to tell a government lawyer and an outside investigator about alleged kickbacks he paid to former stadium General Manager Patrick Lynch and about other purported misconduct by stadium employees. Those payments are the basis of the charges against Estrada, who said Lynch pressured him for money as a condition of keeping his janitorial contract.

This just in: our old friend Cudahy City Councilman Osvaldo Conde (of the bimbo and the badge) has agreed to plead guilty to extortion and bribery. Actually, make that former city councilman: Conde resigned yesterday.

Conde is the last of the three indicted city officials (the others being former Mayor David Silva and former code enforcement head Angel Perales) to take a plea in the case.

Banana republicans watch: July 17, 2012.

Tuesday, July 17th, 2012

Today’s tale is brought to you by the town of San Fernando, where voters are trying to recall three of the city council members.

Fiscal irresponsibility? Criminal acts? Election fraud? No. The oldest motivation in the world.

Councilman Mario Hernandez, who has already resigned (but is still up for recall), was carrying on an affair with Councilwoman Maribel de la Torre. For some reason, he decided back in November to announce this. At a council meeting. In public. With his wife sitting in the front row.

Since then, the relationship has deteriorated, to the point where police were called on June 28th; both parties have restraining orders against each other. Hernandez has asked the DA to drop the domestic violence charges against de la Torre: as you might know from watching “COPS”, or living in California, this decision isn’t up to the alleged victim, and the DAs office states they will pursue charges if the evidence warrants.

More:

If prosecutors refuse to dismiss the case, Hernandez has agreed to testify that police officers persuaded him to pursue the report and get a restraining order.

Former councilman Hernandez may want to be very careful about that. I believe California still has laws against perjury.

Anyway, that’s two down. Number three on the recall parade is the Mayor, Brenda Esqueda, who is accused of having an affair with a sergeant on the police force.

In a memo last year, a police commander claimed he was prevented from placing the sergeant on leave by Esqueda and Hernandez. She told reporters this week, “We might be elected officials, but we still are human beings.”

I’ll have to try the “still are human beings” excuse sometime and see how it works out.

Olympic watch: July 16, 2012.

Monday, July 16th, 2012

The LAT would like for you to know that the United States is not fielding teams in all the Olympic sports. Notable exceptions: soccer (the US team was eliminated), men’s field hockey, and team handball.

Interesting aspects:

  1. “Team handball” is apparently a thing.
  2. “…in 2006, the sport’s governing body was decertified by the USOC”.
  3. There is apparently such a thing as “professional handball”, at least in Germany.
  4. “…imagine LeBron [James] and [Derrick] Rose and others like him playing handball. It wouldn’t take long, with proper coaching and funding, to get those guys competing at a level needed to earn a trip to the Olympics.” Maybe, guy, but I’m not sure the skill set that makes you good at basketball translates to being Olympic level at handball, team or solo.
  5. The guy who currently runs USA Team Handball is David Gascon. Perhaps you know him better as LAPD Cmdr. David Gascon, former second-in-command of the department, and the guy who went on TV to announce O.J. was a fugitive. (I wanted to embed video, but I can’t find any on YouTube.)

The WP would like for you to consider what happens to athletes who don’t make the team. Do they defer their dreams until 2016? (Not if you’re a baseball or softball player; those sports ain’t coming back in 2016.) Do you go pro on the woman’s boxing circuit?

“Yeah, I won a gold medal. Big deal,” [Decathlete Bryan] Clay said. “I still have to pay rent, still have to change diapers, still have to mow the lawn. In the grand scheme of things, the gold medal is awesome, but to live a full life, you need a lot more.”

Before enlightenment: chop wood, carry water.

Banana republicans watch: July 16, 2012.

Monday, July 16th, 2012

Ah, San Bernardino. You may remember that the city filed for bankruptcy, and that city officials say the budget figures were falsified for 13 out of 16 years.

Yeah. Well.

Officials in San Bernardino, which announced last week that it intended to file for bankruptcy, had known for years that the city’s finances were becoming critical.

More:

“I told the council two years in a row that, if this continues, we’re going to be looking at bankruptcy. I got criticized for bringing up the word ‘bankruptcy.’ They called it scare tactics,” said former City Manager Charles McNeely, who resigned unexpectedly in May. “The politics of that place are just impossible to deal with.”

And the county sheriff is looking into “allegations of ‘possible criminal activity within departments of the San Bernardino city government”, just for the record.

The mimes are food for the bums underground…

Monday, July 16th, 2012

New York, New York!

Several of the city’s most troubled hospitals are partially or completely uninsured for malpractice, state records show, forgoing what is considered a standard safeguard across the country.

This list includes Wyckoff Heights Medical Center, about which we have written previously.

In 2009, Wyckoff Heights Medical Center, in Bushwick, had $50,000 in its malpractice fund; in 2010, the amount put aside to cover claims had dwindled to “0,” according to its financial statements. Yet the hospital listed professional liabilities of $37 million. Ramon Rodriguez, the chief executive, declined to comment.

On the other hand, are these hospitals better off without insurance?

Malpractice insurance is a lawsuit magnet,” said a former hospital administrator who did not want to be named to avoid upsetting potential employers. Malpractice lawyers said that underinsured hospitals put them in a tricky position.
“There is some arm-twisting,” said Alan Fuchsberg, a personal injury lawyer in Manhattan, as plaintiffs are told that they will end up with nothing and push the hospitals into bankruptcy if they do not “just take the little bit” that is offered to them.

Today is the 100th anniversary of the murder of Herman Rosenthal. Mr. Rosenthal was a small time crook who ran several gambling dens, and was allegedly paying off politicians and cops. One of the cops he was alleged to be bribing was Lieutenant Charles Becker of the vice squad; Lt. Becker raided Rosenthal’s establishment anyway, leading to a heated dispute between the two gentlemen.

This dispute ended with Mr. Rosenthal being shot outside a Manhattan hotel. Lt. Becker was tried, convicted, had his conviction overturned on appeal (due to alleged bias by the judge in the case), retried, convicted again, and finally executed. Lt. Becker is one of a very few police officers to face the death penalty for crimes committed while a police officer. (Incidentally, I still have not found an execution date for Antoinette Frank.)

The NYT has a retrospective article summarizing the case, and suggesting that Lt. Becker may have been innocent of ordering the Rosenthal murder. (There does not seem to be any question that Lt. Becker was a crooked cop; the main question is, did he order the murder, or were the killers acting independently?)

Historical note: one of the men who pinned the murder on Lt. Becker was Jack Rose. Yeah, that Jack Rose.

(Subject line hattip. Can I just mention that it is awesome that WikiQuote has an entire section of “Sam and Max: Freelance Police” quotes?)

Art, damn it, art! watch (#30 in a series).

Monday, July 16th, 2012

Jeremy Larner is the “business manager” for someone named Rob Dyrdek; as I understand it, Mr. Dyrdek is a skateboarder who has a show on MTV.

Point is, Mr. Larner is apparently fairly well-to-do, and describes himself as an “art geek”. Mr. Larner has several works by Shepard Fairey in his collection.

About 15 months ago, Mr. Larner won an auction for the right to sponsor a Fairey mural in the children’s wing at L.A. County-USC Medical Center, paying $30,000 for the privilege.

Mr. Larner is unhappy with the outcome and the way he was treated, and is suing for his money back.

I could snark on Mr. Fairey, or on the wisdom of paying $30,000 for his work, but it actually sounds like Mr. Larner has some legitimate gripes.

In a timeline in his lawsuit, Larner contended that he repeatedly reached out to the charity for updates on the mural but received no firm information for months. He said that after numerous queries to project manager Eli Consilvio, he received a prank phone call in November from a mutual friend and fellow art collector.

Part of Mr. Larner’s sponsorship included watching Mr. Fairey paint the mural. Unfortunately, Mr. Larner was “on vacation and unable to attend” when the mural was painted. It isn’t clear to me if this was a big deal to Mr. Larner. But:

As the months wore on, Larner grew frustrated that no dedication ceremony had occurred. [Project manager Eli] Consilvio said he told Larner that the administrative issues with the hospital were causing the delays and thought Larner understood. Larner filed a fraud and breach-of-contract suit in L.A. County Superior Court on June 25, detailing the delays and the prank call.

Crossing the streams.

Friday, July 13th, 2012

More banana republicans: the LAT today has a longer article about the allegations against Cudahy city officials. This is a doozy. Besides the election fraud I touched on yesterday:

Sex, drugs, bribes, and election fraud. This town was out of control.

[Edited to add: Secret decoder ring: “Silva” = former mayor David Silva. “Perales” = former code enforcement head Angel Perales. “G.P.” = an unnamed “former Cudahy official”. “Conde” = councilman Osvaldo Conde, of the bimbo and the badge.]

Random notes: July 13, 2012.

Friday, July 13th, 2012

The crawfish of Lake Tahoe.

No snark here: I think this story is awesome for several reasons.

  1. It is an example of the “defeat invasive species by eating them” strategy.
  2. I like crawfish.

Chuy’s is planning a stock offering. I like Chuy’s Mexican restaurants; they’re the most tolerable TexMex I’ve found in Austin so far, if you can deal with the crowd. But there is something I’m curious about:

Chuy’s was founded in 1982 by Mike Young and John Zapp with a single restaurant at 1728 Barton Springs Road in Austin. The company now operates 32 restaurants in seven states.

Are all the restaurants Chuy’s? A long time ago, the Chuy’s holding company ran the Romeo’s on Barton Springs, but they spun that off (and the restaurant closed several years later). I believe Chuy’s still runs the Hula Hut on Lake Austin, but I can’t find any proof of that. I’m thinking the Chuy’s holding company also runs a couple of other non-Chuy’s, but I can’t find a complete list of their holdings online.

Balko and Reason, among others, have been all over the painkiller issue. The government repeatedly and consistently has attempted to make criminals out of doctors who legitimately prescribe high doses of painkillers for patients suffering from intractable pain. Not just that; the government has stomped on the First Amendment by going after patient advocacy organizations, and has even threatened to shut down pharmacies for filling prescriptions.

As a Libertarian, I come down on the Balko/Reason side. Actually, I think if people want to take painkillers, they should be available OTC without a prescription; heck, let’s have the autonomous Glock/heroin/Oxycodone vending robots now!

But this s–t ain’t helping:

Though the X-ray for a German shepherd had the dog’s name, Recon, and the name of an animal hospital printed on it, the doctor wrote the deputy a prescription for a powerful narcotic painkiller and a muscle relaxant, law enforcement officials said.

On the other hand:

How in the frack did this man even have a license to practice?

Banana republicans watch: July 13, 2012.

Friday, July 13th, 2012

We have previously noted the election results in the notoriously corrupt California city of Vernon.

Well, there’s a new twist. The Vernon Chamber of Commerce asked the LA County voter’s registrar to throw out ten ballots; the CoC claims that the voter rolls included “more than a dozen people” who did not live in the city and were not eligible to vote. The registrar refused to throw out the votes, claiming the evidence provided by the CoC was insufficient.

So on Tuesday night, the Vernon city council, instead of certifying the election results, decided they were going to conduct their own hearing into the claims.

By the way, the council and CoC supported Luz Martinez, who has ties to the Vernon city government. Martinez lost by four votes to Reno Bellamy.

Of note:

Bellamy also alleged that Vernon used taxpayer dollars to fly one of the current councilmen, William Davis, back from his vacation in Italy so he could vote in favor of the new election ordinance, which passed, 3-0. When asked during Tuesday’s council meeting whether the city funded his flight, Davis said, “I don’t want to answer.”

In other news, the NYT would like for you to know that experts do not see municipal bankruptcy as a trend. However, if it is a trend, experts see it as being mostly confined to California.

“Municipalities operate with a lot of autonomy in home-rule states such as California, and that autonomy leads to the freedom to get into trouble,” analysts for Trident Municipal Research said in a report issued Wednesday.

Banana republicans watch: July 12, 2012.

Thursday, July 12th, 2012

Two of the indicted Cudahy city officials – former Mayor David Silva and Angel Perales, “the city’s former interim city manager and code enforcement director”, have pled guilty to extortion and bribery charges.

In related news, now that Silva and Perales have pled, the FBI has released some more documents from the investigation.

The documents show that a city official identified only as G.P. asked Perales and others to make non-residents register to vote in elections. They used an address that belonged to a Cudahy city employee. In exchange, that employee was rewarded with promotions and other favorable treatment, the documents say.

More:

Perales said that when absentee ballots were delivered to City Hall, he and G.P. determined through “trial and error” the best way to open the sealed envelopes without defacing them. “Routinely and systematically,” they opened the ballots. If they contained votes in favor of incumbents, they were resealed and counted. Ballots for non-incumbents were discarded.

And here’s a detail I missed, I think in retrospect because I was on the road at the time. Remember Osvaldo Conde, of the bimbo and the badge? I did not know until I saw the links in the LAT article that he engaged in a five-hour long standoff with the FBI. (George Parr, call your office, please.)

On the brink.

Thursday, July 12th, 2012

The fiscal brink, that is.

From today’s LAT:

Facing the same financial stressors that pushed San Bernardino toward bankruptcy, cities across California are slashing day-to-day services and taking other drastic actions to skirt a similar fiscal collapse.
For some, it may not be enough.

The major examples cited by the LAT are:

  • Vallejo, which filed for Chapter 9 bankruptcy in 2009, because “salaries and benefits for its public safety workers were eating up too much of the general fund”.
  • Stockton, which filed last month “after it was unable to come to agreement with its employee unions and creditors on a plan to close a $26-million gap in its general fund”.
  • Mammoth Lakes, which filed earlier this month because of a $43 million court judgement.
  • and San Bernardino, which “couldn’t close a $45.8-million budget shortfall and would be unable make its payroll this summer”.  As noted previously, the city is also claiming that budget figures had been falsified for 13 out of 16 years.

[San Bernardino Mayor Patrick] Morris, a former judge elected on an anti-gang platform, says the city may have to dissolve its Fire Department or portions of the Police Department, an unavoidable reality when public safety accounts for nearly 75% of the general fund budget. The city would then contract with county and state agencies for those services.

Have you ever noticed how it is always the police and fire departments that they threaten to cut first? You never hear them say “We’re going to cut the budget for big-screen TVs and office furniture”. Always the cops and the firefighters. In this case, that may make sense, especially if they can contract out the services cheaper. But:

Steve Tracy, a fire engineer and spokesman for the city firefighters union, said San Bernardino’s labor groups already gave up $10 million in concessions. He blamed the financial crisis on the mayor and former city manager spending money on such pet projects as a new downtown movie theater.

And is filing for bankruptcy worth it? Let’s ask the people of Vallejo:

The Bay Area city of 112,000 was forced to shut down two of its fire stations and today fixes just 10% of its crumbling roads. Its workforce, including police and firefighters, is about half its pre-bankruptcy size and those people left are “insanely” overworked.
Meanwhile, Vallejo spent $10 million on legal fees. It ended up with employee contracts that Osby thinks the city could have struck more cheaply if it had stayed out of bankruptcy court and turned to the bargaining table.

Municipal pensions may be a growing crisis, and there’s certainly some evidence in the LAT‘s coverage to support that. But of the four major examples they cite, one dates back three years, one involves a court judgement against the city, one may involve falsified financial information provided to the city…and that pretty much leaves Stockton, which might be worth more investigation.

The poor man’s lounge.

Wednesday, July 11th, 2012

As they often do, Andrew Rausa and a few friends spent the evening of July 4 lounging barefoot on the front stoop of a friend’s brownstone home in Brooklyn and enjoying a few beers. Escaping the indoor heat, Mr. Rausa and two friends sipped cans of Brooklyn Summer Ale; his girlfriend held an unopened bottle of a blueberry ale.

Cutting to the chase, Mr. Rausa and his friends were cited by the NYPD for drinking in public. Mr. Rausa and his friends dispute the application of the law, as they were on their own stoop behind a locked gate when cited. Mr. Rausa plans to contest his citation in court.

It seems that both the law itself, and the application of it by the NYPD, is ambiguous:

…people who received summonses after the police saw them drinking through open doorways, behind gates, on roofs and even in the hallways of their apartment buildings.

Ah, if only there were a simple solution for this…