Archive for the ‘Law’ Category

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…

Banana republicans watch: July 11, 2012.

Wednesday, July 11th, 2012

Fullerton PD officer Manuel Ramos is no longer with the department as of July 3rd.

Former officer Ramos faces murder and manslaughter charges in the beating death of Kelly Thomas. (Graphic image at that link.) The department did not state whether officer Ramos was fired or resigned. Ramos and officer Jay Cicinelli (also charged in the Thomas death) have been on “unpaid leave” since October.

In other news, the LA County Sheriff’s Department was apparently in the habit of passing out “official looking” badges to “civilians with no law enforcement duties”, like local politicians.

Now they’ve decided they’re going to take back about 200 of those badges.

At first glance, the badges closely resemble those deputies wear, with the same six-pointed star design. Instead of identifying the person as a “deputy sheriff,” the badges read “City Official Los Angeles County.”

Why are the badges being recalled? Well, they’ve been a source of concern since the attorney general issued an opinion in 2007, stating that the badges “created the potential for civilians to falsely pose as law enforcement officers”. The department swears that the badge recall is prompted by that opinion, and has nothing to do with the arrests of the Cudahy council members.

And why would anyone think this had anything to do with the Cudahy council members?

That’s why. That photo was taken in a nightclub in Cudahy. The badge she’s wearing is one of the badges in question; specifically, indicted Councilman Osvaldo Conde’s badge.

(Obligatory.)

It looks like San Bernardino is the next city up on the bankruptcy watch.

And retiring police chiefs are making out like bandits when they cash in their unused sick leave and vacation time:

Those employees include Roy Campos, Downey’s former police chief, who was paid $594,000 in 2009 after cashing out more than 3,300 hours of unused sick and vacation time. The same year, Monterey Park’s outgoing chief, Jones Moy, earned $531,000, including cash-outs of about 2,700 unused hours. In 2010, Santa Clara’s police chief, Steve Lodge, left his job with almost $600,000 in total pay thanks to a variety of cash-outs.
In contrast, [Los Angeles Police Chief Charlie] Beck earned $297,000 last year and [Los Angeles County Sheriff Lee] Baca made $334,000.

More:

Over his thirty-plus years with the department, [El Monte Police Chief Thomas] Armstrong was permitted to bank unused hours without limit, then cash them out at the hourly rate he made as police chief. Some of the unused sick hours also counted toward his CalPERS safety pension, which at $229,000 a year is among the largest in the entire state. Armstrong’s pension is also higher than the largest base salary he earned, $217,000.

(The LAT notes that the El Monte PD had 110 officers, for a city of 113,000, and that El Monte’s credit rating has been downgraded to “junk bond”.)

And more:

[Former El Monte chief Ken] Weldon’s and Armstrong’s contracts permitted more than three months off each year. That total covered one month of vacation, about three weeks of leave, as many as 12 sick days and 14 holidays (including Admissions Day, a September holiday that celebrates the date California became a state).

I picked the wrong profession. I should have become a police chief in California.

Edited to add: Here’s a shocker that either I missed, or that wasn’t in the original LAT story about San Bernardino:

City Atty. James Penman said city budget officials had falsified documents presented to the mayor and council for 13 of the last 16 years, masking the city’s deficit spending.
“For the last 16 years the budget prepared for the council showed the city was in the black,” Penman said, not naming those allegedly responsible. “The mayor and the council were not given accurate documents.”

If the city attorney’s assertions are true, I would expect criminal indictments somewhere down the line.

Banana republicans watch: July 9, 2012.

Monday, July 9th, 2012

And we have news from the notoriously corrupt California city of Vernon:

California’s state auditor has called on Vernon to seriously consider replacing its top leadership, saying the state found it difficult to determine who is in charge in the small city beset by financial problems and corruption scandals.

More:

It was at times unclear who was actually in charge at City Hall, [state auditor Elaine] Howle and her staff said. She noted that top Vernon officials routinely deferred to counsel from their outside law firm, Latham & Watkins LLP, and called the presence of the firm within the city “striking” and “highly unusual.”

Lockdown!

Monday, July 9th, 2012

Once upon a time, there was a man named Peter “Pistol Pete” Rollock. Mr. Rollock led a narcotics gang called “Sex, Money, and Murder” in the Bronx.

Eventually, federal prosecutors were able to hang seven murders on Mr. Rollock. Some of those murders were allegedly ordered while Mr. Rollock was in jail on other charges.

In 2000, Mr. Rollock agreed to a plea deal, apparently in an effort to avoid the death penalty. Mr. Rollock agreed to a life sentence. Mr. Rollock also agreed to another condition imposed by the Feds: he would be “……placed in solitary confinement and barred from communicating with virtually all outsiders. ”

In cases where the attorney general finds that allowing a prisoner to communicate with others could result in “death or serious bodily injury,” the Bureau of Prisons imposes special administrative measures, or S.A.M.’s, limiting access to mail, calls and visitors, but at least leaving open the possibility of an inmate’s “stepping down,” that is someday earning an easing of restrictions. But in Mr. Rollock’s case, restrictions were imposed as part of the sentence itself, and he claims he was told he would never be allowed into the “step-down” program.

Mr. Rollock was sent to the federal Administrative Maximum prison in Florence, Colorado (also known as the “SuperMax”) in 2000, where he joined such notables as Ramzi Ahmed Yousef, Theodore Kaczynski, and Umar Farouk Abdulmutallab.

He has been in solitary confinement ever since. But now he’s trying to get out of solitary.

Mr. Rollock, after arriving at the Supermax in December 2000, threw himself into education, beginning his path toward redemption, his lawyers say. By the end of 2002, he had taken closed-circuit television courses in philosophy, political theory and economics, and he had earned his G.E.D., records show.

He’s also written a children’s book. (Of course, so did Tookie Williams.)

I’m not sure how I feel about this. If we don’t provide some motivation for prisoners to reform, we’re going to get people who have nothing to lose. (And according to the NYT, the prosecution has agreed to allow Mr. Rollock’s status to be determined by SAMs; Mr. Rollock feels that even with this concession, it will still take him “years” to get out of solitary.)

On the other hand, his “solitary confinement” doesn’t sound so awful, especially when compared to Thomas Silverstein.

Also:

A current prosecutor, Margaret M. Garnett, said last year in court that Mr. Rollock and his family had been discussing a business called Team Rollock, which would “monetize and capitalize” on his reputation on the street. She even cited talk of Team Rollock T-shirts, with a rifle sight as the “primary design element.”

I know the lawyers have to be paid, folks, but I’m not sure that’s smart at all.

Horse tacos.

Sunday, July 8th, 2012

Today’s Statesman has a long backgrounder about Amado Pardo and Jovita’s. Jovita’s, you may recall, is the South Austin restaurant alleged to be at the center of a heroin distribution ring, and Pardo is one of the key figures in the indictment.

There’s some stuff in the article I was previously unaware of. Specifically:

  • Pardo’s political activism, not just for Democratic candidates, but specifically for Hispanic Democrats. (The Glen Maxey story, in particular, is interesting.)
  • Pardo was convicted of murder. Twice. The first murder was in 1971: he was sentenced to 12 years, and paroled in 1975 “after serving about four years” according to the Statesman. The second time was in 1983: he was sentenced to eight years, but paroled after four. He was also convicted of illegally possessing a firearm in 1978, and was released from prison on that charge in 1981. So he got almost as much time on the gun charge as he did on each of the two murders.
  • “….some who knew Pardo best said he appeared to have overcome his criminal past to become a community leader, a successful businessman and a strong patriarch to his large family.”
  • “Though the indictment accuses Pardo and the others of dealing heroin since May 2011, an FBI agent testified during a co-defendant’s detention hearing that he believes Pardo has been dealing the drug for more than 25 years — a period that predates Jovita’s.”

And while we’re talking about municipal corruption…

Thursday, July 5th, 2012

…let us turn our eyes to the West, and the state of California. It’s like a whole other country! Specifically, like a third world banana republic.

On Tuesday, the mayor of Cudahy, David M. Silva, resigned.

Silva, Councilman Osvaldo Conde and Angel Perales, the former head of code enforcement, are accused of taking $17,000 in bribes from a marijuana dispensary owner who was working as an FBI informant. The officials allegedly took the bribes in exchange for their help in opening a store in the small blue-collar city, according to federal authorities.

I’m intrigued by the idea that the FBI was using a marijuana dispensary owner as an informant, given the tensions between California and the Feds over medical pot. But there’s more to the story:

In the Cudahy case, a 146-page criminal complaint indicates that the arrests were part of a larger investigation that includes allegations of election fraud. The complaint also refers to the possible involvement of a towing company and a sheriff’s deputy. The federal document, which includes about 130 pages of wiretap transcripts, paints a picture of unchecked power by officials who boldly plotted taking bribes and talked about accepting cash as a way to avoid public disclosure required for campaign contributions.

There’s a complimentary story in the LAT that goes into more detail about the alleged election fraud. Two men who ran for city council seats had their cars vandalized, rocks and bricks thrown at their homes, and then…

Late one night, a surveillance camera on Garcia’s home captured a car stopping nearby. A man crouched behind Garcia’s pickup and hurled a Molotov cocktail at the house.

By the way, remember Maywood? The Maywood PD also patrolled Cudahy. A former Maywood PD chief is quoted in the article as having concerns about Cudahy’s elections and the “aura of intimidation”. (As far as I can tell, that chief came in at the very end of the police department’s existence, and did not have anything to do with the circumstances that led to the department being shut down.) The “towing company” involvement is interesting as well; as you may recall, there were some questionable things going on in Maywood with a towing company as well.

More:

In one of the wiretapped conversations, a Cudahy employee, Simon Rojas, spoke about the lengths to which he would go to protect his boss, Conde. Federal prosecutors said the pistol-packing code enforcement worker described “his willingness to commit acts of violence against anyone who” meddled with Conde.

Tough town, if the code enforcement folks need to carry guns.

Related: “What you have just said is among the most absurd things I have ever heard.”

Police watch: July 5, 2012.

Thursday, July 5th, 2012

There’s a town in Montgomery County, near Houston, called Patton Village. I have it in my head that Patton Village was one of the notorious Texas speedtraps up until a few years back, when The Ledge basically shut all of those down. (Edited to add: I hate using Wikipedia as a source, but it does seem to confirm my recollection with externally sourced links.)

Anyway, Patton Village is apparently trying to disband the city police department. I say “apparently” and “trying” because the mayor tried to hold a city council meeting yesterday. The meeting was posted at 8 PM on Tuesday.

This is a problem. You see, the Texas Open Meetings Act requires 72 hours notice for such meetings. (There is a “public emergency” exemption, but I gather the mayor did not declare such. And while I am not a lawyer or expert on the Open Records Act, I feel confident in declaring that the law strictly defines what constitutes a “public emergency”. Russian Chinese North Korean troops in the streets? Probably. Disbanding the police department? Probably not.)

Anyway, the mayor and two council members showed up for the meeting, but one of the council members walked out after declaring the meeting illegal. Shortly after that, the mayor apparently came out and told the police officers that she was shutting down the department and calling in the county sheriff. Shortly after that, when the media showed up, the mayor said there “were not enough there for the meeting and refused any other comment.”

But wait! The story gets better!

The mayor, two other city officials, and four police officers are under indictment!

A grand jury indicted [Mayor Pamela] Munoz on 10 corruption-related charges, ranging from abuse of official capacity to theft by a public servant.

(The others indicted are the city secretary, two court clerks, and the four police officers, who are named in the HouChron story.)

But wait! It gets even better! Why were these folks indicted?

The officials were accused of using police cars, bought with federal grant money, as collateral to get bank loans that they then dipped into for personal use, the Chronicle reported in March.

Somehow I missed this story when they were indicted. I must have been distracted by shiny objects.

Really, isn’t that just about the most stupid example of municipal corruption you’ve ever heard of? Using cop cars as loan collateral? And what about the banks? Don’t banks inspect the collateral before accepting it? I mean, I could see these folks claiming that they were personal vehicles, but I’d at least expect the bank to want to look at the title. (And I would assume the title would be in the name of  “City of Patton Village”, not “Pamala Munoz” or one of the others charged.)

Plus, you know, if I’m a bank officer, and I go out to look at the collateral being offered, and I see it has a light bar and sirens and a shotgun rack and a BIG FREAKING SEAL on the side saying “Patton Village Police Department”, I’m going to be asking some questions. Just saying. Perhaps I overestimate the intelligence of the average banker.

By the way, the HouChron story is largely (but not entirely) based on reporting by the Montgomery County Police Reporter, who the HouChron credits, and who I do want to provide a link to as well.

If it saves just one finger…

Tuesday, July 3rd, 2012

The California legislature is considering a bill that would require all new table saws sold in the state to be equipped with something called “injury mitigation technology”. The basic idea behind this technology is that the saw will stop, instantly, whenever it encounters human flesh (or something like human flesh, but more on that later).

That sounds like a good idea if you’re not a libertarian like me, right? Who can be opposed to protecting fingers?

Well, the problem is that there’s only one company that makes saws equipped with “injury mitigation technology”, SD3, who markets the SawStop.

And the inventor of this technology holds 90 patents on it. By the way, he’s also a patent attorney. So no other company can use this technology without paying for the patents.

…adding finger-saving sensors could boost table-saw prices by hundreds of dollars per unit, says the Power Tool Institute, a Cleveland trade group.

And the way the SawStop works is that it basically fires a stop into the blade, which kills the rotation almost instantly. However, every time the SawStop goes off, you’re looking at a $175 replacement bill for the blade and other parts of the device.

And because of the way the SawStop works, it can be fired even without fingers being present; for example, if the wood is wet. (The wisdom of cutting wet wood is debatable, of course.)

Overlawyered has been covering the SawStop, and attempts to make it mandatory for table saws. It is interesting to see the LAT pick up on this issue.

My take?

  1. Stupidity should hurt.
  2. If the government wants to make it mandatory on table saws, fine; let them do so after the patents expire, or require the inventor to license the patents for free. After all, what’s more important; safety, or money? Come to think of it, if he was really concerned with safety, he’d already have made this offer to saw makers. Right now, this looks like rent-seeking.

Wind power…and hand grenades?

Tuesday, July 3rd, 2012

This is an odd story.

Charles Anthony Malouff used to be a cop; he worked for both the Bosque County sheriff’s office and the Bertram Police Department. In 2007, he was convicted of “unlawful transfer of a firearm” and got three years probation.

The charge related to Malouff’s keeping and handling of noise-flash diversionary devices, also known as flash bangs or stun grenades, a federal affidavit said.

It is not clear to me if he resigned or was fired, but in either case he stopped being a police officer.

Malouff and Mary Jo Woodall have been indicted on various fraud charges; the two are accused of trying to fraudulently obtain federal stimulus funds for a wind farm near Jonestown.

Back in October, search warrants were served at Malouff and Woodall’s homes. In the process, two gun safes were found at Woodall’s home. Woodall said they belonged to Malouff. The safes were opened, and…

…authorities found 36 guns and at least 10 so-called “destructive devices,” including eight grenades, court documents state.

According to the Statesman, the “destructive devices” were registered to the two agencies Malouff worked for. Malouff has pled guilty to the weapons charges; the plea agreement specifies a 2 1/2 year sentence, subject to judicial approval. The Statesman article raises a whole host of questions:

Just like a row of dominos.

Monday, July 2nd, 2012

First, Stockton. Now the California city of Mammoth Lakes has filed for bankruptcy.

Interestingly, this does not appear to be a municipal pension or bond problem. Instead, the city lost a lawsuit against a developer, who was awarded $43 million in damages. The developer agreed to make improvements to the local airport (Mammoth Yosemite Airport) in return for rights to build a $400 million hotel on part of the airport property, along with an option on the land.

However, it seems that the city discovered there were issues with FAA policy with respect to the airport improvements, and decided they’d delay the hotel project, at which point the developer sued and won. The LAT specifically mentions that both parties wanted to extend the airport runway to handle 757s. Looking at this document, I think we’re talking roughly 2,500 meters or about 8,200 feet as the bare minimum runway length needed to handle a 757. (The actual takeoff and landing distance depends on airport elevation, atmospheric conditions, weight, and a host of other factors. as shown in the charts. According to various sources, Mammoth Lakes is at an altitude of about 7,900 feet, though the airport is at 7,135 feet according to AirNav. AirNav also shows the two active runways at 7,134.8 feet and 7,061.4 feet. So we’re talking probably a minimum of 1,200 additional feet of runway, maybe more if you want to have some margin.)

Well. Well. Well. Isn’t THAT special?

Friday, June 29th, 2012

Earlier this week, I noted the goings-on in the notoriously corrupt California city of Vernon. One thing I mentioned was the $1.6 million salary of one Eric T. Fresch, a Vernon city official until this past May and one of the people behind Vernon’s failed natural gas hedge.

Mr. Fresch was found dead Thursday night in Angel Island State Park.

According to the LAT, the coroner’s office does not suspect foul play.

Amy Brees, an Angel Island State Park superintendent, said rangers began searching for Fresch after receiving a call Thursday afternoon that he had been cycling on the island but never came home.
“He hadn’t returned on the boat he was expected to return on,” said Brees, adding that Fresch’s body was found in the water near the shore.
The island features a mix of trails and terrain, including some cliffs. Water is accessible from various points all around the island.

Also interesting: remember that audit?

The auditor said her staff could not reach him for an interview despite a deposition subpoena and repeated attempts by process servers to track him down.

Vernon, Vernon, Vernon…

Thursday, June 28th, 2012

The LAT has a story about a state audit report on the notoriously corrupt city. Some of the things in the audit were touched on the other day, like the natural gas hedge deal. There is some new stuff:

…the audit called into question the government reform plan Vernon enacted last year, after it was nearly disincorporated by the state Legislature. The auditor said the city has failed to develop policies to actually implement some of the reform proposals, and that other key initiatives — like increasing the city’s residential population — are still years away.

Since 2005, Vernon has paid out more than $60 million in taxpayer dollars under contracts that had no caps on total expenditures, the audit said. Some of the agreements reviewed did not even define specific work product.

The auditor also noted that Vernon provided “legally questionable” retirement benefits to some of its top officials. The California Public Employees Retirement System has already moved to slash some of those benefits, but it is unclear whether any legal action will be taken against the city or the individual employees.