Archive for the ‘Law’ Category

Pop open the freezer.

Tuesday, June 5th, 2012

The Austin Public Safety Commission passed, on a 5-0 vote, a resolution recommending that the Austin City Council provide funding and set up a process for review of “cold” cases outside of APD. (One member abstained from voting.)

This raises some questions:

1. Who is the “Austin Public Safety Commission”? Are they the people who do the gun buybacks?

Answer: No, the gun buybacks are the “Greater Austin Crime Commission”. The “Austin Public Safety Commission” is a city organization that serves as an “advisory body to the city council on all budgetary and policy matters concerning public safety”.

2. What “cold” cases are they looking to have re-examined?

If you said “the yogurt shop murders” to start with, take two gold stars and advance to the next blue square.

3. Why do they want an external review of these cases? Do they not trust the APD? If so, isn’t that a problem that should be addressed?

Interesting question. Kim Rossmo is the vice chairman of the commission.

“Groupthink” within the Police Department has hindered progress in the investigation, Rossmo told fellow commissioners. He said that investigators had failed to take a fresh look at the case, even as poor evidence gathered from a crime scene damaged from fire and water had contributed to faulty theories against the four teenagers originally arrested in the crimes, Rossmo said.

4. Is this a good idea?

I’m not sure I can judge this. Having a fresh pair of eyes to look at complicated stuff always seems like a good idea. But the case is 20 years old now; how many people have looked at it? Not just within APD, but outside of the department? Is there really a lot of evidence for Rossmo’s theory of “groupthink”? On the other hand, did the APD really push a weak case because they were looking to close a red ball?

I’m inclined to think that the case probably can’t be solved at this point, and I’m not sure how much good another set of eyes would actually do. Color me both skeptical and happy if I’m proven wrong.

And speaking of bad cops…

Thursday, May 31st, 2012

Around this time last year, we noted the police officer in Franklin County, VA, who shot his ex-wife and engaged in a wild police chase that screwed up traffic for miles.

Well, the former sheriff – the one who allegedly ignored warnings that his deputy was hunting his ex-wife – the one who allegedly told dispatchers not to put out a BOLOhas been charged with “misconduct by an elected official”. This is a “class 1” misdemeanor charge, so it isn’t like he’s going to do hard time, but..

…he’s also being sued by the dead woman’s family. And by two former deputies who were fired after an investigation in 2009 that led to charges against the sheriff of “failure to maintain adequate records”. (Those charges were dismissed.) And by another woman who claims the sheriff didn’t act on threats to kill her son until it was too late.

(This comes by way of the Cato Institute’s new “National Police Misconduct Reporting Project” which in turn is an outgrowth of work done by David Packman.)

Patricia Cook.

Thursday, May 31st, 2012

On February 9th of this year, Officer Daniel Harmon–Wright of the Culpeper, VA police department shot and killed Patricia Cook in the parking lot of a church preschool.

Officer Harmon–Wright was responding to a call about a woman “acting suspiciously”, and claimed that Ms. Cook attempted to flee, rolling up the window in her Jeep and trapping his arm as she did so.

There are questions about Officer Harmon-Wright’s account of events. For example, Ms. Cook’s Jeep did not have power windows, which raises obvious questions about the whole “rolling up her window and trapping his arm” thing. Reason’s “Hit and Run” blog has some good coverage of the case here.

One point noted by Reason and other reporters is that Officer Harmon-Wright has several names: he’s also gone by “Daniel Wayne Sullivan” and “Dan Wayne”.

On Tuesday, Officer Harmon-Wright was charged with “murder, malicious shooting into an occupied vehicle, malicious shooting into an occupied vehicle resulting in a death and use of a firearm in the commission of a felony” by a grand jury.

This is interesting enough, but there’s another aspect to the story that I think is worth noting: Officer Harmon-Wright’s mother, who was “an administrative secretary to the chief of police” when he was hired as a police officer, has been charged with three counts of “uttering” and three counts of “forgery of public documents”. Apparently, the grand jury turned up evidence that she had altered public records to remove “negative information” from Officer Harmon-Wright’s personnel file.

Some folks go “wow” at $320 million dollar incinerators, and I can’t blame them for that. Other folks go “wow” when they’re faced with how deep the corruption seems to run sometimes.

(Hattip: Commendante Balko.)

Art, damn it, art! watch (#29 in a series).

Thursday, May 31st, 2012

Sol LeWitt was a conceptual artist. (He passed away in 2007.)

One of his works was “Wall Drawing #448″. This work has two parts. Part one is a list of instructions on how to create a wall drawing. Part two is an example of what that drawing would look like.

In 2008, the owner of the work consigned it to a gallery in Chicago.

The gallery lost the instructions. The owner is suing, claiming that the instructions are basically a certificate of authenticity:

“The unique nature of Sol LeWitt’s wall drawings renders their accompanying certificates of authenticity critical to the works’ value,” the complaint reads, noting that every certificate says: “This certification is the signature for the wall drawing and must accompany the wall drawing if it is sold or otherwise transferred.”

The gallery says their insurance won’t cover the loss (I’d really like to know why) and apparently tried to settle with the owner. The owner is asking for a minimum of $350,000.

Stuff that doesn’t fit anywhere else.

Wednesday, May 30th, 2012

You gotta fight…for your right…to declare bankruptcy.

The strange story of David Webb, fake DEA agent. Doug Swanson, call your office, please (and give us another Jack Flippo novel while you’re at it).

“You’re going down in flames, you tax-fattened hyena!” watch.

Wednesday, May 30th, 2012

I thought I’d start a thread covering results of last night’s primaries. Specifically, the ones that amuse me.

To start (hattip Lawrence) Harris County DA Pat Lykos, who you may remember from such hits as the BAT vans and the grand jury investigation, lost the primary election to Mike Anderson.

(If you don’t remember Ms. Lykos and her antics, the “HCDA” tag will provide you with a summary.)

I am getting a slow start to the morning, so watch this space for possible updates as I wade through the coverage.

Edited to add: I did not know this, but the winner of the Democratic primary election for HCDA was “once indicted for illegal lawyering”. To which I say: Huh?

ETA2: “In 2010, he ran as a Democrat while under indictment for barratry, a charge that later was dropped.” Ah, barratry.

The butler did it.

Saturday, May 26th, 2012

No. Really. Even stranger, it was the pope’s butler.

VATICAN CITY (AP) — An already sordid scandal over leaked Vatican documents took a Hollywood-like turn Saturday with confirmation that the pope’s own butler had been arrested after documents he had no business having were found in his Vatican City apartment.

Curious George and the bankruptcy lawyers.

Monday, May 21st, 2012

Of all the books published by Houghton Mifflin Harcourt in the history of the company, the LAT highlights the “Curious George” books?

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

Monday, May 21st, 2012

I apologize. I think I may have missed a firing or two along the way. I plead the pressures of various things and throw myself on the mercy of the court.

Today’s APD firing is a doozy.

Det. Richard Munoz worked in the burglary division. Apparently, back in December, someone brought up concerns about how he was handing their case. In the ensuing investigation:

Interestingly, former Det. Munoz (who can still appeal his firing) had been suspended six times since he started with APD (in 1995) and was actually fired in 2006 “for policy violations related to his honesty, use of force and documentation of incidents”. He was reinstated by an arbitrator, and suspended in 2008 for public intoxication. After that suspension, Chief Acevedo apparently told him “one more, and you’re out”.

Also:

Munoz was a member of a unit formed last year after an Austin Public Safety Commission meeting where city leaders discussed the low rate of burglaries being solved. Acevedo said in April that the burglary unit has seen several successes, including a rise in the burglary clearance rate.

Pardoning Porter.

Friday, May 18th, 2012

Over at Grits for Breakfast, Scott Henson has announced an interesting project: obtaining a pardon for William Sydney Porter, also known as “O. Henry”.

The project has a separate website: Pardon O. Henry.

I thought this blog entry, in particular, was interesting: Is it possible O. Henry was actually innocent? I don’t want to spoil it for you, but the short answer is that Porter was very probably a victim of shockingly poor banking practices and, had he not fled the country and returned, he probably would have walked. There’s an even more astonishing piece of information contained in Henson’s blog entry, but I encourage you to go read it for yourself.

Administrative note.

Thursday, May 17th, 2012

Graduation is over. Back on your heads.

More seriously, the time for introspection has passed. (Also the time for action.) Expect a return to snark, guns, snark, cops, snark, pop culture, snark, art, and snark.

I still have a few things to finish up: thank you notes are being written and mailed, and I need to go through the photos and pull some out for posting.

In the meantime, frankly, things have been kind of slow. I’m not finding a lot of blog fodder; FARK has picked up most of the good stuff, including some “Art, damn it, art!” fodder.

Lawrence did send me an intriguing link yesterday about Rielle Hunter, equestrian, and how her father paid a hit man to kill one of her horses. That William Nack story rings a bell with me, like I’ve read it before, but I don’t remember where. Setting aside the John Edwards angle, it is a fascinating crime story. It reminds me of Skip Hollandsworth’s “The Killing of Alydar”, which was anthologized in one of the The Best American Crime Writing volumes, and which I also commend to your attention. (I believe the BugMeNot link on the side will let you read the full version of the story online, but BugMeNot is blocked at the office, so I can’t verify that.)

I would also like to add one final note, for the record: I will put my family, friends, and coworkers up against any other group of people for sheer concentrated awesomeness. Thanks, gang.

This is intended to enrage you. (#3 in an irregular series)

Wednesday, May 9th, 2012

The lawyer for one of the Fullerton policemen charged in the beating of a mentally ill homeless man suggested Tuesday that it was medical professionals –- not police officers -– who are to blame for the death of Kelly Thomas.

Following the jump is a graphic and disturbing image.

(more…)

Random notes: May 9, 2012.

Wednesday, May 9th, 2012

Notoriously anti-gun RINO Richard Lugar went down in flames like a tax-fattened hyena last night. Tam and Roberta X have more.

For the record: NYT obit for Maurice Sendak.

“It’s Baltimore, gentlemen. The gods will not save you.”

Nelson.

Tuesday, May 8th, 2012

Keenan Alex stole a Cadillac Escalade.

Mr. Alex did not know that the car was actually a “bait car” being used by the Los Angeles County Sheriff’s Department to bust car thieves.

Mr. Alex also did not know that the “bait car” sting was being filmed by TruTV for their series “Bait Car”.

Mr. Alex was stopped and arrested by LACSD.

In court, Det. Anthony Shapiro said under oath that he read Alex each of his Miranda rights from a card in his notebook before the suspect made incriminating statements, a transcript shows.

But unedited video for the program shows the detective never read the suspect his constitutional rights, including the right to remain silent and have an attorney present during questioning.

Ooopsie. The case against Mr. Alex has been dropped. Detective Shapiro is being investigated by LACSD.

A roundup of items from the legal beat.

Thursday, May 3rd, 2012

Back in January, I noted the indictment of DC Council member Harry Thomas on embezzlement charges. Thomas pled guilty, as expected, and was sentenced today to 38 months in prison. Guidelines called for 41 to 51 months; his attorney was asking for 18 months plus six more in “home confinement”.

I was going to put this in the earlier post, but I forgot, and it fits better here anyway:

Thirteen people were criminally charged on Wednesday with hazing in the death of a Florida A&M University marching band member who was beaten after a football game last fall.

11 of those charged were charged with felonies. If the charges are proven, I have no sympathy for those charged, and I hope they draw long, hard time.

James M. Woosley, former Immigration and Customs Enforcement (ICE) intelligence chief, pleaded guilty on Tuesday to an elaborate scam over several years involving false travel expense reports totaling nearly $600,000.

I’m not sure what happened here: did I miss the story until Balko drew it to my attention, or has it been buried by the mass media? A Google search for references to “James M. Woosley” specifically on nytimes.com and latimes.com turned up nothing: the same search on washingtonpost.com turned up some references to Woosley’s suspension from his post and the convictions of other people in this scheme, but nothing about Woosley’s conviction.