Archive for the ‘Law’ Category

Random notes: May 3, 2012.

Thursday, May 3rd, 2012

Obit watch: Junior Seau, former linebacker for the San Diego Chargers, Miami Dolphins, and New England Patriots.

And the Kennedy assassination conspiracy has claimed another victim: Earl Rose, the Dallas County medical examiner who wanted to autopsy Kennedy but was overruled. Dr. Rose also did the autopsies on J.D. Tippit (the police officer Oswald shot), on Oswald himself, and on Jack Ruby.

I am aware of the rumors that I was the winning bidder on Munch’s “The Scream”. At this time, I have no comment.

Your tax dollars at work, ladies and Vernons.

Tuesday, May 1st, 2012

The notoriously corrupt California city of Vernon is in the news again.

State pension officials have concluded that the city of Vernon improperly boosted the benefits of nearly two dozen employees, including some attorneys who were erroneously granted generous “public safety” retirement packages usually reserved for police officers and firefighters.

Specifically, the city is accused of classifying some of the attorneys on staff as “public safety” employees. This is typically a classification reserved for cops and firefighters, not lawyers – not even prosecutors. The city argued that the staff attorneys were “primarily engaged in the active enforcement of criminal laws.”

In fact, former Vernon Police Chief Sol Benudiz said he could not recall a single instance when Vernon’s city attorneys appeared in criminal court. He said those cases were always handled by the Los Angeles County district attorney’s office.

The city also has issues with their former administrator, Bruce Malkenhorst. Mr. Malkenhorst collects the largest pension of anyone in the California public pension system – according to the LAT, more than $500,000 a year.

When he was employed, Mr. Malkenhorst brought in $911,000 in 2006. It is not clear from the article exactly what he was doing at the time. The article does mention that at one point he claimed to hold 10 separate positions in Vernon’s city government, but it it not clear if he held these positions in 2006.

By the way, Mr. Malkenhorst pled guilty to a charge of “misappropriation of public funds” last year. His replacement, Eric T. Fresch, is one of the attorneys who were classified as “public safety” employees; he pulled in $1.65 million in 2008. Fresch is currently employed as a “special consultant” to the city at a rate of $525 an hour.

The former mayor of Vernon, Leonis Malburg, was convicted of perjury in 2009.

Your tax dollars at work, ladies and Germans.

Monday, April 30th, 2012

An Alabama police chief says he recently discovered that his department has two unmanned aerial vehicles.

[Gadsen, AL police chief John] Crane, who was named police chief in February, says he doesn’t know why they were purchased. The cost was about $150,000, paid through a federal law enforcement grant.

Random notes: April 30, 2012.

Monday, April 30th, 2012

Beware of the leopard.

The “Three Cups of Tea” lawsuit (previously noted in this space) has been tossed.

The guardrail bore no scars from the S.U.V., for there was no impact; police investigators said the driver had lost control, and the vehicle first struck a Jersey barrier at the center median, and then veered sharply to the right, hitting a curb that propelled it directly over the guardrail.

Jesus, Joseph, and Mary. Those poor people.

They hired men with the scythes so sharp…

Sunday, April 29th, 2012

I previously noted the city of Galveston placing the entire traffic division on paid administrative leave.

By way of the HouChron, the other shoe has dropped: the former head of the division has been indicted on charges of forging time sheets and misappropriation of funds by a public official. Another employee in the division has also been indicted on the same charges.

The HouChron story is a little short on detail: the Galveston Daily News is better. The former division head “was paid more than $390,000 during the last four years in overtime in addition to his $48,279 salary”, while the other employee took in “$37,280 in overtime from 2009 to 2011 above his $40,059 salary”. The specific charges:

[Michael N.]Dricks [the former division head], a former senior traffic technician, is accused of unlawfully appropriating less than $1,500 from Eric Wilson, the city’s assistant city manager, between Dec. 16 and Jan. 7.
The second indictment against Dricks accuses him of making a false entry in a governmental record, a request for 10 hours of overtime, on Dec. 18.

Letroise, a former traffic signal technician II, was similarly accused of unlawfully appropriating less than $500 from Wilson in the same timetable and of falsifying a government record in requesting three hours of overtime on Dec. 23, the indictments state.

Annals of law (part 5 of a series).

Sunday, April 29th, 2012

When does a murder take place?

In many cases, that’s an easy question to answer; the victim is DRT1 or ADASTW2.

But in some cases, you run into a situation where the victim is wounded, and dies of their injuries at a later date. The law on this varies from state to state; common law held that a death resulting from injuries inflicted during a specific act was murder if it occurred within a year and a day of the act. So if I beat someone badly, and they died 364 days later, that could be prosecuted as murder; if they died 367 days later, it could only be prosecuted as assault. According to Wikipedia, many jurisdictions in the United States have abolished the year and a day rule. California has apparently changed it to a three day and year rule.

But there’s an additional level of complexity to this, which comes up as the result of an article in today’s Statesman about the sad and awful case of Robert Middleton.

Robert Middleton was eight years old on June 28, 1998. He was going to see a friend of his when an older boy, Donald Wilburn Collins (who was 13 at the time) grabbed him, tied him to a tree, poured gasoline on him, and set him on fire. Middleton was burned over 95 percent of his body.

Middleton was treated by the Shriners at their burn institute in Galveston and went through more than 200 surgeries, including skin grafts.

Robert Middleton died a year ago today (April 29th, 2011) at the age of 20. The cause of death was squamous cell carcinoma, which is believed to have been a result of the skin grafts he received, and his death certificate shows the cause of death as “homicide” resulting from his injuries.

The Middleton family sued Donald Collins in civil court, and won a judgment against him of $150 billion dollars. Collins did not attempt to defend himself in the civil case; he is currently in prison on charges unrelated to the Middleton case. (Collins was convicted of sexual assault of an 8-year old boy when he was 16, and did time in the Texas Youth Commission for that offense. Collins has also been convicted of theft and resisting arrest, and of failure to register as a sex offender. His current sentence is for failure to comply with the requirements of the sex offender registry. Middleton also accused Collins of raping him two weeks before the gasoline attack.)

For various reasons, the Middleton case was not prosecuted at the time:

[Montgomery County Attorney David] Walker said it’s his understanding that “there were some significant difficulties because Robbie Middleton was damaged so severely and so traumatically.” Walker also said it’s his understanding that Middleton implicated “folks that it was later shown were not responsible.’ ” Colleen Middleton acknowledges that her son was in no condition to be of much help before the three-year statute of limitations ran out on possible charges stemming from what was then a nonfatal attack. There is no statute of limitations on murder.

I was reading the print edition of the HouChron daily while this was going on, and followed the case closely. One thing that is left out of discussions of the case (except for the brief allusion above), but which I clearly remember; the police actually arrested another boy before they arrested Collins. The other boy was let go within 24 hours, after a bunch of folks who knew him came forward and said “He’s a good kid; he couldn’t have done this.” (And it turned out that the other boy was also fishing in a creek several miles away at the time of the attack, with a bunch of other kids and his adult Scoutmaster.) That other boy’s name was never released, as I recall; however, Collins name was released not too long after the arrest, even though he was a juvenile.

Anyway, the gist of the legal battle is this: County Attorney Walker wants to prosecute Collins on murder charges. And specifically, he wants to date the murder as having taken place April 29, 2011, the date Middleton died. Why? That way, he can prosecute Collins as an adult for the murder. If Walker goes back to the actual date of the attack (June 28, 1998) Collins was 13 at the time; Walker’s other option is to get a court to agree that Collins should be tried as an adult now for a crime committed as a juvenile in 1998, which seems to me to be a long shot. (Though this is not unheard of; Michael Skakel is perhaps the most famous example of this, but the lawyers still seem to be wrangling over whether he should have been tried as an adult.)

The question is now in the hands of the Attorney General, Greg Abbot, and things are pretty much on hold until he issues a ruling.

Meanwhile, Collins is set to be released from prison in September of this year, barring any new developments.

1 Dead Right There.

2 Arrived Dead And Stayed That Way.

Quote of the day.

Thursday, April 26th, 2012

“In my seventeen years practicing criminal law, I have only seen such preposterous accusations of crime from pro se litigants and the intractably mentally ill.”

Ken from Popehat

(Edited to point to Ken’s blog entry on the subject.)

Annals of law (part 4 of a series).

Wednesday, April 25th, 2012

Ron Reynolds is a state representative from Fort Bend county in Texas.

Rep. Reynolds is also a lawyer.

Rep. Reynolds is also out of jail now, having posted $5,000 bail.

“Prithee, good sir,” you ask. “What was Rep. Reynolds charged with?”

Good question. After all, it is not unheard of for state lawmakers to be arrested for one reason or another; DWI, picking up hookers, carrying unlicensed firearms, etc. (There was a famous incident some years back – I can’t find the details now – where a state rep had his cousin shoot him. I can’t remember why they thought this was a good plan at the time, but both ended up in jail.)

But Rep. Reynolds is a special and interesting case. You see, he was arrested and charged with barratry.

“Barratry? Is that anything like piracy?”

No. According to the Law.com legal dictionary, “barratry” is the practice of “creating legal business by stirring up disputes and quarrels”. Now, I’ve heard of lawyers being charged with barratry before, but generally in the context of bar association proceedings and as sort of a side accusation. I’ve never heard of a lawyer actually being arrested on criminal charges of barratry; I’m sure it must have happened elsewhere, but a quick Google search did not turn up any other examples. One source I found states that nobody has ever been able to find an example of a successful criminal prosecution for barratry in Texas.

I did find:

  1. Apparently, barratry in Texas is a misdemeanor on the first offense, and a felony on subsequent offenses.
  2. A group of Dallas area lawyers are challenging the barratry law on First and Fourteenth Amendment grounds. Apparently, it interferes with their ability to gather information about misdemeanor defendants and send them solicitations.

“What are you in for, son?”
“Barratry.”
And they all moved away from me there on the Group W bench…

Edited to add: Found the guy I was thinking of who had his cousin shoot him: state Rep Mike Martin.

Random notes and obits: April 19, 2012.

Thursday, April 19th, 2012

Today’s NYT has a longer followup article about Officer Loor.

I thought I’d wait until this morning to post the Dick Clark obits, since that gives the papers a chance to pull stuff together: NYT. LAT. Onion A/V Club.

The AP is also reporting the death of Greg Ham, of “Men At Work” fame.

A blade to the brain.

Wednesday, April 18th, 2012

This story is too amazing not to blog.

Officer Eder Loor of the NYPD was called out on Tuesday to escort an emotionally disturbed individual to the hospital. During the process of escorting the gentleman, he became upset and attacked Officer Loor with a 3″ knife which

...sliced through the officer’s temple and into the temporal lobe and a major vein.
It passed less than half an inch from structures that control vision and speech, touched the nerves that give sensation to the face and nicked the surface of, but did not penetrate, a major artery.

Officer Loor pulled the knife out of his head and was taken to the hospital, where doctors found he was bleeding into his brain.

They found that the knife, which entered just behind the officer’s eye, went “deep into the temporal lobe and all the way down to the skull base.”
“The temporal lobe in this area does not have major function,” Dr. Bederson said. “About half an inch away, it controls speech. About a half an inch above all his motor function.”
The knife also cut through the Sylvian fissure, the deepest and most prominent of the cortical fissures of the brain, containing major blood vessels. “It cut the major vein of the Sylvian fissure,” he said, “and almost like a paper cut, it just nicked the surface of the artery but did not cut it.” The artery supplies blood for the entire left hemisphere of the brain, Dr. Bederson said.

Doctors stopped the bleeding. Officer Loor has some residual numbness in his face, which is probably due to the fact that the tip of the knife ended up pressing against his trigeminal nerve. Doctors expect the numbness to go away, and expect Officer Loor to recover fully.

Random notes: April 18, 2012.

Wednesday, April 18th, 2012

Invasive species are good eating.

Frankly, yeah, I can see eating tiger shrimp. The Asian Carp…well, it makes me think of the old joke about how to prepare carp. (Nail it to a board, prop it in front of a fire until one side turns black, turn the board over and wait until the other side turns black, then throw the fish away and eat the board.) I’m not a big chili fan, but nutria bourguignon could be interesting. And as for feral hogs, let me just say two words: feral bacon.

This one goes out to Andrew: how to replace a bridge in a weekend, instead of months.

Oh, look! Greg “Three Cups of Tea” Mortenson is being sued for fraud!

The lawsuit is asking a judge to order that everybody who bought the books be refunded. Whatever money is left over would go to a humanitarian organization selected by the plaintiffs’ attorneys and approved by the court.

Would it shock you to learn that one of the attorneys for the plaintiffs was also involved in the James Frey lawsuit?

This is my shocked face.

Wednesday, April 11th, 2012

Allegations of voter fraud left many unresolved questions even after officials counted the ballots in the first competitive election in years in the small city of Vernon.

Edited to add: More here.

Notes from the crime beat.

Tuesday, April 10th, 2012

I have previously written about the strange case of Maurice McKnight, the dancer at a male strip club who allegedly punched struck a patron, causing the patron to fall, hit his head, and die.

Yesterday, Mr. McKnight pled guilty to manslaughter. He will serve 5 years in prison.

Back on the “if you go clubbing downtown, you’re clubbing with Hezbollah” beat, the Statesman has a long article about Yassine Enterprises, the people behind it, and their legal problems. Interesting:

  • “Despite persistent surveillance, the Yassines and their associates are not accused of any wrongdoing after 2009…”
  • “Investigators testified that Steve Yassine has not paid his taxes in years. Hadi Yassine did not file tax returns in 2009 and 2010, and ones he did file did not match his income, IRS agent Neff said. Neff also said Yassine Enterprises was underreporting its income. “

Also noteworthy: the state wants to take away their liquor licenses. I don’t think it is so much because of the criminal charges, as it is because…

  • “…the clubs owe a local liquor distributor more than $210,000.”
  • “… businesses linked to Mike Yassine, the company’s president and owner, were almost $600,000 behind in sales and mixed-beverage taxes as of late March.”

The State of Texas really does not like it when you get behind in your sales and beverage taxes. They tend to get cranky and start seizing things, like bottles and money in the cash register. Of course, the latter might not be a problem for Yassine Enterprises, since eight of their nine businesses are closed.

And what does this mean for Sixth Street?

Owners of other downtown bars said they initially feared the closures would deter people from heading downtown but, so far, that hasn’t been the case.

If they remain dark long-term, landlords shouldn’t have a hard time finding new tenants, said Michele Gary, a vice president in the commercial retail division at the Weitzman Group.

My first thought is that Ms. Gary is a lot more optimistic than I am. Would you want to open a club downtown in this economy? Then again, people are going to drink no matter what…maybe she’s on to something.

Annals of law (part 3 of a series)

Monday, April 9th, 2012

Can a legally dead man be tried, convicted, and sentenced to the death penalty?

If this was a movie with Ashley Judd (perhaps as a sexy public defender), it would probably gross $200 million at least.

Unfortunately, it isn’t.

Thomas Steven Sanders was declared “legally dead” in 1994. His family brought the action, claiming Sanders had abandoned them in 1987.

The thing is, he wasn’t actually dead dead:

Sanders was unquestionably alive, living and working at odd jobs across four southeastern states and Nevada, and reportedly racking up a number of traffic tickets and a sentencing in Georgia for simple battery.

Now he’s suspected of killing a 12-year-old girl and her mother. He’s apparently confessed, but his lawyers are trying to get the confession thrown out because Sanders asked for a lawyer first.

One thing is certain: somebody’s going to get a book deal out of this case.

Hookers, no blow, watch.

Friday, April 6th, 2012

Mike Luis Rios was arrested on Wednesday and charged with

raping two women, pimping and using his position…to recruit would-be, and sometimes underage, prostitutes.

Mr. Rios was arrested back in February on attempted murder charges. Apparently, there was a fight at a night club, and…

He was charged with two counts of attempted murder, two counts of assault with a deadly weapon and one count of dissuading a witness, according to Riverside County Deputy Dist. Atty. Michael Brusselback, who is prosecuting both cases.

Here’s the punchline: Mr. Rios is a member of the Moreno Valley Board of Education.

The board can’t remove Rios from his seat unless he is convicted.
They can, however, invoke a state law that allows an elected official to be removed from office if he effectively abandons his seat by not attending meetings or performing duties for three months.