Archive for the ‘Law’ Category

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.

Rough night for the Austin PD.

Friday, April 6th, 2012

This is still a developing story, but a (currently unnamed) APD officer was shot and killed early this morning. I expect to have more to say about this as information comes in, but two immediate points:

  1. I drive past the location of this shooting (the Wal-Mart at I-35 and Parmer Lane) daily. This is not what we would call a “bad” part of town.
  2. This is the first APD death in the line of duty since 2004, according to the Statesman.

Edited to add: The deceased officer has been identified as Jaime Padron.

In other news, there was also a fatal officer involved shooting in East Austin last night.

…the officer attempted during the chase to use his Taser stun gun to subdue the man but that “it was not effective.”

Carter said that at one point, the officer and the man struggled for control of the officer’s gun and that the officer then fired what investigators say was one to three shots.

And:

Shortly after 8 p.m., a crowd of more than 100 people had gathered near the scene and rocks were thrown in the direction of at least one police car, which sustained a broken window. Some officers donned riot gear.

Worthy of note.

Wednesday, April 4th, 2012

Former New Orleans Police Department Officer Robert Faulcon Jr. was sentenced today to 65 years in prison for his role in the Danziger Bridge shootings. Officer Faulcon shot Ronald Madison, a mentally handicapped man who was 40 years old, in the back with a shotgun. Faulcon was convicted of six counts of depravation of rights under color of law, three counts of using a weapon during the commission of a crime of violence, one count of conspiracy, one count of obstruction of justice, and one count of civil rights conspiracy.

Former New Orleans Police Department Sergeant Kenneth Bowen was sentenced to 40 years in prison for his role in the Danziger Bridge shootings. Bowen jumped out of a rented truck loaded with police officers and fired an “AK-47” at a concrete barrier that people were hiding behind. Bowen was convicted of six counts of depravation of rights under color of law, two counts of using a weapon during the commission of a crime of violence, one count of conspiracy, two counts of obstruction of justice, and two counts of civil rights conspiracy.

Former New Orleans Police Department Sergeant Robert Gisevius Jr. was sentenced to 40 years in prison for his role in the Danziger Bridge shootings. Gisevius was in the same truck, and also jumped out of it and fired a “M-4 rifle”. He also helped cover up the events at the Danziger Bridge. Gisevius was convicted of five counts of depravation of rights under color of law, two counts of using a weapon during the commission of a crime of violence, one count of conspiracy, one counts of obstruction of justice, and two counts of civil rights conspiracy.

Former New Orleans Police Department officer Anthony Villavaso II was sentenced to 38 years in prison for his role in the Danziger Bridge shootings. Villavaso was also in the truck, and also jumped out and fired an “AK-47” at unarmed people on the bridge. Villavaso was convicted of five counts of depravation of rights under color of law, two counts of using a weapon during the commission of a crime of violence, one count of conspiracy, one count of obstruction of justice, and one count of civil rights conspiracy.

Former New Orleans Police Department Sergeant Arthur Kaufman was sentenced to 6 years in prison for his role in the Danziger Bridge shootings. Kaufman was not actually involved in the shootings, but was convicted of having “authored several reports and draft reports containing false or fabricated information”; in short, assisting in the cover-up. Kaufman was convicted of four counts of falsification of records in a federal investigation, three counts of giving false statements, two counts of “civil rights conspiracy for false prosecution” (translated into English, I believe that means he tried to have innocent people falsely prosecuted to cover up what really happened), and one count of conspiracy.

(For those who are unfamiliar with the Danziger Bridge incident, one of the sidebars to the linked article is a handy PDF explaining what really happened. The short version is that during Katrina a bunch of trigger-happy NOPD cops shot a bunch of folks on the bridge and then tried to cover it up.)

News of the world: March 28, 2012.

Wednesday, March 28th, 2012

I previously noted the indictments of 11 people associated with Yassine Enterprises, owners of a string of downtown clubs.

Today’s Statesman covers a hearing yesterday in the case, and…better start making popcorn, folks, because this is going to be even more entertaining than I expected:

(I note that today’s article lists 10 people as being involved in the case, while previous coverage specified 11 people, one of whom was unnamed at the time. I’m not sure what is going on with that.)

How often do you read a story in the newspaper that tugs at your heartstrings…at least at first? And then, when you think about it, the questions become overwhelming?

There’s a story like that in today’s NYT. Michael Romanelli was a firefighter until he was injured on the job in 1989. He’s been fighting since then for a full disability pension (which would work out to 3/4ths of his salary, tax free) and took out a full page ad in the New York Post yesterday to continue his lobbying.

At first glance, this sounds awful. Guy was hurt on the job, surely he’s entitled to a disability pension, right? I have a lot of respect for firefighters, and frankly I feel awful for him.

But wait a second…

Ultimately, and despite help from politicians of all stripes, he lost his case before the medical board, and he has lost squarely in the courts.

There’s got to be more to the story than the NYT playing the violin here. If he’s been through the system, and been through the courts, and lost his case for a full disability pension (even though the department found him not fit for duty), I have to think there’s something the Times either isn’t telling us, or didn’t look into.

(“He said he had no job, lived on an annual pension of $22,000 and had no money in the bank. “ So is he getting a pension from the NYCFD, just not the full disability one he wants? What would a full disability pension for a firefighter injured in 1989 work out to, compared to the $22,000 he’s getting now? Are there cost of living increases built into those disability pensions? Who are the politicians who became involved in this?)

Hope and the law.

Monday, March 26th, 2012

In May of 2009, a man named Robert Carroll Gillham set a fire at a Gallery Furniture store and warehouse in Houston. The fire did $20 million worth of damage; fortunately, nobody died.

(For those of you outside of Houston: Gallery Furniture is run by a colorful local character named Jim “Mattress Mack” McIngvale, and is somewhat famous for their commercials. Especially the tag line: “Gallery Furniture SAVES. YOU. MONEY!” Their YouTube channel is here.)

Gillham began working at the store in 1989 and was fired in 2007, for allegedly running a de facto loan sharking business.

What, pray tell, is a “de facto loan sharking business”?

But that’s not what I wanted to talk about. You see, Mr. Gillham’s trial has been delayed, and he’s being sent to a state mental hospital.

Why? Is he crazy?

No. He has a brain tumor.

“He’s got a growth between his brain and his skull that’s pushing down into his brain that’s causing significant cognitive defects,” said Gillham’s attorney, Brett Podolsky.

Well, okay. If he’s having cognitive problems, well, part of the foundation of a fair trial is that you be able to effectively participate in your own defense.

So what’s the problem?

Podolsky said he hopes doctors at the state hospital where Gillham is transferred will remove the non-malignant tumor, which is just smaller than a golf ball.

He hopes? He freaking hopes that the doctors are going to remove the tumor, rather than letting Mr. Gillham continue to suffer from cognitive issues? Hopes?

What. The. F–k. Dude. I see this kind of thing a lot; as a matter of fact, I was discussing it with some coworkers this morning.

Hope is not a strategy.

It is nice to hope things go well. It is nice to hope everything works properly. But it is much better to plan and prepare and make sure, whether you’re jumping out of a helicopter with jet engines and a kitchen table strapped to your back, or defending a client with a brain tumor. Hope is never a substitute for planning and preparation. Hope is not an effective backup plan. Nor, for that matter, is it an effective plan for much else.

I understand, of course, that Podolsky isn’t going to be doing the operation himself. But…

Podolsky said he does not know why it has not been removed.

Yeah, well, if I were you, dude, I’d be asking some pretty hard questions, especially since Gillham has already been in the hospital several times because of this.

Hookers. No blow.

Monday, March 26th, 2012

“A Canadian appeals court in Ontario ruled Monday that banning brothels is unconstitutional and could put prostitutes in danger by not allowing them to work in a safe location.”

Kleptocracy.

Monday, March 26th, 2012

I can’t honestly recommend that you use your limited number of free NYT stories this month to go over and read this article. After all, it is about an obscure non-profit hospital in the Bushwick area of Brooklyn; unless you live in that area, why should you care?

What piques my interest about this story, though, is the chain of…shall we say, questionable management decisions by the hospital. For example:

  • The hospital’s former president was hired in spite of the fact that he’d never managed a hospital before.
  • He drove a Bentley Continental GT to work. (Yes, he has the right to drive whatever he wants, but that’s a $160,000 car for an administrator at a non-profit hospital. As a side note, why would anyone in NYC drive a nice car? I know I’d be worried about mine getting trashed. I’d get a cheap beater; if I really wanted a nice car, I’d garage it outside the city and drive the beater in and out.)
  • The operative word there is “drove”. He had his license pulled, under circumstances he’s not forthcoming about, in 2009.
  • At that point, he parked the Bentley at the hospital and had the hospital take over the multi-thousand dollar insurance payment. (He says that he reimbursed the hospital, but I’m not clear if that has been confirmed yet.)
  • Then he started using the hospital’s vehicles, a Lincoln Town Car and a Cadillac Escalade, for his personal use. He used two security guards, who were being paid overtime pay, as drivers.
  • “…he suspected that the drivers of the Town Car and the Escalade were eavesdropping on his conversations. So he had the hospital purchase a used stretch limousine for about $33,000. “
  • “One member of the hospital’s board obtained for the pharmacy that he owned the exclusive right to market prescription drugs to hospital patients.” (Is it just me, or is that a really badly written sentence? I know: glass houses, stones.)
  • “Another board member lent $2.4 million to the ailing Wyckoff at 12 percent interest, with the hospital required to put up several of its buildings as security.”
  • “13 of the hospital’s 22 board members declared at least one conflict of interest.”
  • Various politicians have managed to get friends of theirs hired into high level positions. For example, one councilman’s wife is the PR director.
  • “The hospital all but defaulted on its $109 million in state-secured bonds, forcing the taxpayers to cover $10 million due to bondholders before the state agreed in May to defer the hospital’s overdue payments.”
  • “Wyckoff no longer even carries malpractice insurance. ” Holy. Crap.
  • I haven’t even mentioned the disbarred lawyer who graduated from a Caribbean medical school and got a residency at Wyckoff, even though the hospital didn’t have any openings for residents. (Can you say “John L. Sampson of Brooklyn, the Senate Democratic leader”?)

Side note: “The hospital recently sold the stretch limousine for $18,000; it had cost $33,000 eight months ago. It sold the Lincoln Town Car for $9,000 and hopes to get $18,000 for the Escalade.”

I’d really like to know what year that Escalade is. You have to go back to 2006 to find one in the $18K range around here (at least on cars.com). If we’re talking 2008 – 2009 or later, I’d seriously consider flying up to NYC and driving back.

Roundup from the police blotter.

Friday, March 23rd, 2012

A Smith County man busted for making his own liquor claims he was inspired by the cable TV series, ”Moonshiners,” authorities said.

Helpfully, the HouChron story includes an embedded commercial for “Moonshiners”.

“I don’t want to sound like I’m a chemist or anything, but the first alcohol that comes off the still is going to be a methane gas,” Stokke said. “You can’t drink it, and it’s probably more flammable than gasoline.”

Huh? Is he perhaps talking about methanol, not methane gas?

In other news: I really haven’t been paying attention to the trial of John Goodman (mostly because he seems to be FARK’s favorite d’bag, so my coverage would be redundant), but I am happy to report that he has been found guilty of vehicular homicide and DUI manslaughter. More coverage here. I’m hoping he gets the full 30 years and does every day of that time.

Burn it to the ground and start over. (Part 4)

Friday, March 23rd, 2012

Bad news: Karl F. Thompson Jr. still has not been sentenced for beating Otto Zehm to death.

Good news: It looks like two more officers with the Spokane PD are going to be charged with crimes related to Zehm’s death.

Attorneys representing Officers Sandra McIntyre and Tim Moses both confirmed today that they have entered discussions with federal prosecutors about potential obstruction of justice charges relating to their clients’ testimony during the investigation that led to the Nov. 3 conviction of former Officer Karl F. Thompson Jr.

…

McIntyre testified three times before the grand jury in 2009. She admitted during her testimony at the 2011 trial that she met with an assistant city attorney who suggested that she answer “I don’t recall” to questions about the incident when in fact she did remember some portions of the event.

Question: if McIntyre is being charged with obstruction of justice, aren’t similar charges justified against the city attorney who suggested she lie under oath? Isn’t that, at the very least, subornation of perjury? And can’t you be disbarred for that, in addition to getting hard time in a federal prison?

(Hattip: the Injustice News Feed, by way of TJIC on the Twitter.)

Instant karma’s gonna get you…

Thursday, March 22nd, 2012

About two months ago, a class action suit was filed against Yassine Enterprises. The company was accused of not paying wages to employees who received tips: they own a long list of clubs in downtown Austin.

Earlier today, the FBI, IRS, and TABC raided the offices of Yassine Enterprises. 11 people involved with the company have been charged with an interesting assortment of federal crimes, including money laundering, cocaine trafficking, and “transferring a firearm knowing it is to be used in a drug trafficking crime”.

To which all I can say is “Wow”. And possibly “don’t f–k with the bartender”. It’ll be interesting to watch these cases play out.

Edited to add: Second day coverage from the Statesman here.

Stray thoughts.

Wednesday, March 21st, 2012

The NYT would like to explain Wickard v. Filburn to you. If you would like to read the court’s decision for yourself, rather than trusting the NYT, you can find it here.

By way of Jimbo: Wednesday’s Denver Post has a review of a restaurant called “Roam”. “So what?” you say. “I don’t live in Denver, and neither do you.” Yes, but it isn’t very often that a newspaper runs a review of a restaurant that closed before the review ran. The section containing the review was printed Monday night; the restaurant closed on Tuesday, and, according to press reports, the closing was nearly as chaotic as the rest of the restaurant’s history.

(Holy cow, there’s a winery called “The Infinite Monkey Theorem“? I want to at least try their wine.)

Noted without comment.

Friday, March 16th, 2012

Invisible Children co-founder Jason Russell, San Diego police say, was caught Thursday night masturbating, vandalizing cars and acting under the influence of alcohol and possibly drugs.

Edited to add: Additional coverage from the LAT.