Archive for January, 2013

Banana republicans on trial: January 31, 2013.

Thursday, January 31st, 2013

Rebecca Valdez is still on the stand in the Bell corruption trial. Yesterday’s revelation:

After thumbing through binders filled with documents from 2005 to 2010, the city clerk said she detected about eight agendas from 2005 to 2006 that had forged signatures.

Valdez states that she believes Theresa Diaz, the previous city clerk (who, as you may recall, moved out of the city in 2004, but allegedly continued to act as the city clerk until 2007) forged her name on the documents in question.

This exchange is also amusing:

…the Solid Waste and Recycling Authority, which Deputy Dist. Atty Edward Miller has labeled a “sham.”
On Wednesday Miller read the ordinance for that authority, which said it could be created “for the purpose of acquiring, constructing, maintaining or operating an enterprise for the collection, treatment or disposal of waste.”
Miller then asked Valdez: “Have you seen an enterprise for the collection, treatment or disposal of waste in the city of Bell?”
“No,” she replied.

Random notes: January 31, 2013.

Thursday, January 31st, 2013

Obit watch: Patty Andrews, the last surviving Andrews Sister. (NYT. A/V Club.)

If a publisher is reissuing a non-fiction book, do they have an obligation to go back and do fact checking? What if the facts have been called into question since the book was issued? What if the book is “38 Witnesses” by A.M. Rosenthal of the New York Times?

In the years since, however, as court records have been examined and witnesses reinterviewed, some facts of both the coverage and the book have been challenged on many fronts, including the element at the center of the indictment: 38 silent witnesses. Yet none of the weighty counter-evidence was acknowledged when Mr. Rosenthal’s book was reissued in digital form by Melville — raising questions of what, if any, obligation a publisher has to account for updated versions of events featured in nonfiction titles. Dennis Johnson, the publisher of Melville House, said he knew about the controversy but decided to stand behind Mr. Rosenthal’s account. “There are, notably, works of fraud where revising or withdrawing the book is possible or even recommended, but this is not one of those cases,” he said. “This is a matter of historical record. This is a reprint of reporting done for The New York Times by one the great journalists of the 20th century. We understand there are people taking issue with it, but this is not something we think needs to be corrected.”

What is there to correct?

As early as 1984 The Daily News published an article pointing to flaws in the reporting. In 2004 The Times did its own summation of the critical research, showing that since Ms. Genovese crawled around to the back of the building after she was stabbed the first time (her assailant fled and returned) very few people would have seen anything.
The article quoted among others Charles E. Skoller, the former Queens assistant district attorney who helped prosecute the case and who also has written a book on it. “I don’t think 38 people witnessed it,” said Mr. Skoller, who had retired by the time of the interview. “I don’t know where that came from, the 38. I didn’t count 38. We only found half a dozen that saw what was going on, that we could use.” There were other mitigating factors as well; it was a cold night, and most people had their windows closed.

This 2009 NPR interview goes into more detail about the many problems with the popular narrative of the case.

This lead made me giggle:

George Ryan was released from a federal prison in the dark on Wednesday morning, and Illinois became a state with only one former governor behind bars.

Hey, as long as we’re talking about crooked governors:

Gov. Andrew M. Cuomo’s approval rating has fallen sharply among New York voters since he pushed restrictive gun laws through the Legislature, a poll released on Wednesday said.

And lying politicians:

…it is also curious that the White House refuses to provide any documentary evidence that he actually used the shooting range at Camp David, since he claims he uses it “all the time,” or that a presidential friend has not come forward to confirm the president’s comments.

Patricia Cook update.

Wednesday, January 30th, 2013

Back in May, I wrote about the case of Patricia Cook, the unarmed woman in Culpeper, Virginia who was killed by a police officer under suspicious circumstances; the officer, Daniel Harmon–Wright, was later charged with murder.

Things have moved faster than I expected: Harmon-Wright was convicted, but only of “voluntary manslaughter”, “shooting into an occupied vehicle”, and “shooting into an occupied vehicle resulting in death”.

And it is possible a mistrial will be declared: “a court’s clerk reported that she found two dictionaries and a thesaurus in the jury room”, which were brought in by the jury forewoman (according to another report) and were allegedly used by the jury to look up the definition of “malice”.

(Hattip: Balko.)

Instant karma’s going to get you.

Wednesday, January 30th, 2013

The Poynter Institute for Media Studies lost $109,206 in 2010.

They lost $3,815,144 during 2011, the same year their falling-out with Jim Romenesko began.

(Hattip: Jim Romenesko.)

Random notes: January 30, 2013.

Wednesday, January 30th, 2013

Gun control works! Just ask Chicago!

And yet Chicago, a city with no civilian gun ranges and bans on both assault weapons and high-capacity magazines, finds itself laboring to stem a flood of gun violence that contributed to more than 500 homicides last year and at least 40 killings already in 2013, including a fatal shooting of a 15-year-old girl on Tuesday.

More:

Chicago officials say Illinois has no requirement, comparable to Chicago’s, that gun owners immediately report their lost or stolen weapons to deter straw buyers.

Uh, that’s not what a “straw buyer” is, Monica Davey. (Nor does Davey mention that “straw purchases” are also a violation of Federal law, though rarely prosecuted according to the WP. One wonders how much of a deterrent Chicago’s law is to people who are already violating federal law.)

(Likewise, purchasing guns in other states, bringing them across state lines, and selling them on the Chicago streets violates multiple existing federal laws. Davey ignores that fact as well.)

Edited to add: Just saw this, and found it appropriate.

 

And I said, “What about ‘Breakfast at Tiffany’s’?”
He said, “I can’t afford a million dollars,
and as I recall, you’ve got plenty of money.”
And I said, “Well, that’s one thing we have not.”

The Bell trial picked up again yesterday. Rebecca Valdez, the former city clerk who wasn’t actually the city clerk at first, is still on the stand.

Rebecca Valdez said that when she began working for the city, she learned the key to survival: Do whatever City Manager Robert Rizzo asked.
Valdez testified Tuesday that she was directed to sign unfamiliar documents, hand out incorrect salary information in response to a public records request from a resident and obtain signatures for doctored salary contracts.

The defense is attacking her credibility, “seeking to show that record-keeping in Bell was in disarray. Valdez testified that she signed minutes for meetings she didn’t attend, was appointed to the job in name only and sometimes made mistakes marking the times that meetings began and ended.

And what’s this about her being the city clerk but not being the city clerk?

In 2004, then-City Clerk Theresa Diaz moved out of town, making her ineligible to hold the elected office. Valdez was given her title, but continued her job as an account clerk. Diaz continued to act as the record-keeper for the city, but Valdez testified that she was told to sign documents as the city clerk.

Also interesting:

The city clerk also testified that Victor Bello, one of the defendants, was banned from City Hall toward the end of his tenure, except to attend council meetings.
If Bello showed up, she was to tell the police chief and her supervisor. Twice a week, Valdez took Bello’s mail to his home, accompanied by code enforcement officers, she testified. Bello resigned from the council in 2008 but retained his six-figure salary after Rizzo named him assistant to the food bank coordinator.

Not “food bank coordinator”, but “assistant to the food bank coordinator”, and pulling in at least $100,000 a year. How do I get this job?

Ah, the Texas Highway Patrol Museum. You do remember the Texas Highway Patrol Museum, don’t you? Shut down by the Attorney General last year? Assets, including the building, being sold off?

Well, about that…

Lawyers for the Texas attorney general’s office said Monday that a “cloud of procedural impropriety” is casting a shadow over the pending sale of the former Texas Highway Patrol Museum, and they recommended that the building be put back on the market.

The “procedural impropriety” seems to be that the high bidder says her bid was ignored. Also, the real estate broker would make a larger commission if the other bidder got the property. There’s some technical aspects that make it unclear which bid is best; that’s why the AG recommended that the building be listed again.

(Hattip on this to Grits for Breakfast. If Ms. Wong winds up getting the building, and we’re all still here, I want to do a road trip to Rosario’s Café y Cantina.)

TMQ watch: January 29, 2013.

Tuesday, January 29th, 2013

Ah. The week between the championship games and the Superb Owl. Also known as “the silly week”, in which people look for things to fill space. And TMQ is no exception. This week’s column after the jump…

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Random notes: January 29, 2013.

Tuesday, January 29th, 2013

There’s a follow-up to last week’s story about the felon trying to sell guns at the gun show: he’s now been charged with theft.

At the time of seizure, neither firearms were listed as stolen, according to the arrest affidavit, but by Jan. 10, police determined the rifle matched the make, model and serial number of the rifle reported stolen from the truck Dec. 9, according to the affidavit.

Interesting. Very interesting indeed.

Setting aside for the moment the subject of this story, there’s a kind of interesting legal aspect to it. In Nevada, if you own a casino (or are a “key man” in a casino) you can still gamble anywhere execpt your own casino (for obvious reasons). In Atlantic City, though, you’re not allowed to gamble period; at your own casino or someone else’s, it doesn’t matter. I find it curious that there’s such a difference in the law. I’m sure Mr. Fertitta does, too.

Real ninjas have their own mobile devices.

Banana republicans followup: January 29, 2013.

Tuesday, January 29th, 2013

I was hoping to have more on the Bell trial for you. I do, but it wasn’t what I was expecting: one of the alternate jurors called in sick yesterday and the trial was postponed.

But I do have excellent news. Remember Cudahy? The bimbo and the badge? Bribes in the Denny’s? (If you don’t remember Cudahy, previously.)

David Silva, the former mayor of Cudahy, was sentenced yesterday.

Assistant U.S. Atty. Joseph Akrotirianakis recommended that he receive 41 months in prison.

He got one year of prison time, three years of probation, 1,500 hours of community service and was ordered to pay $17,000 in restitution. (He was convicted of taking $17,000 in bribes from someone who wanted to open a medical marijuana dispensary.)

I missed this previously, but the same LAT article notes that Angel Perales, “Cudahy’s former head of code enforcement and acting city manager”, who was also implicated in this case, got five years probation.

Akrotirianakis had recommended that Perales serve two years in prison.

I find it interesting that the judge in both cases ignored the sentencing recommendation and gave both gentlemen lower sentences than requested. I find it especially interesting that Perales appears to have gotten away with no prison time.

By the way, Osvaldo Conde (of bimbo and badge fame) is up for sentencing on February 25th. And I also missed this: “…the former mayor of Santa Fe Springs, Joseph Serrano Sr., was sentenced to two years in prison for taking $11,500 in bribes from the marijuana dispensary owner.

Art, damn it, art! watch (#35 in a series)

Monday, January 28th, 2013

W.C. Fields supposedly said “It is morally wrong to allow a sucker to keep their money.”

I was reminded of that reading this NYT article:

Many in the art world insist there is no need for further scrutiny of a market that prompts few consumer complaints and is vital to the New York economy. But other veterans of the business say there is mounting concern that monitoring has not kept pace with the increasing treatment of art as a commodity.

Some examples of questionable practice:

If I had a (non-functional) rocket launcher…

Sunday, January 27th, 2013

I’d make the Seattle Police Department pay. $100 for it. At the next gun buyback.

I’m amused at how often the “someone turned in a non-functional rocket launcher at a gun buyback” trope has been showing up in the mass media. At least this story mentions the non-functional aspect in the first sentence.

In the six months after Seattle’s 1992 gun buyback — the city’s only other such effort — the average number of firearms-related homicides increased. The mean number of firearms-related assaults in Seattle also increased, as did the mean number of robberies with guns. Even the mean number of accidental shooting deaths more than doubled, according to data in a government journal.

Because paying $100 for an empty fiberglass tube makes the public safer. Way to go, guys.

Gun control works!

Saturday, January 26th, 2013

Most of those killed in Port Said on Saturday died of bullet wounds, hospital officials said. It was unclear who shot first, but witnesses said some of the civilian protesters brought shotguns or homemade firearms [Emphasis added – DB] to attack the prison.

(Hattip: TJIC on the Twitter, though he didn’t draw the same conclusion I did.)

Hot off the presses!

Saturday, January 26th, 2013

There were long lines and crowds at the gun show, according to the Statesman.

(Before today, I’ve never had to wait in line to get into a gun show, except maybe the one time I went with Borepatch and we had to wait for the doors to open. It took me about 40 minutes in line to get into the show; I got there around 10:30 AM. Two friends of mine got there later and reported the wait was much the same, even at 1 PM.)

Edited to add: Lawrence was there as well; here’s his report.

Banana republicans on trial: January 26, 2013.

Saturday, January 26th, 2013

As noted previously, the trial of six former city council members from Bell has begun. The jury has been seated, opening statements have been stated, and the first testimony has been testified.

The first witness was Rebecca Valdez. Ms. Valdez was the former city clerk of Bell. The LAT notes that she has been granted immunity from prosecution in return for her testimony.

And what did she have to say? Basically, as city clerk, she was supposed to take notes on the council meetings,

including marking the start and end time of the various boards on which council members served, such as the Solid Waste and Recycling Authority.
“Were there City Council meetings where only some of the authorities met?” Deputy Dist. Atty. Edward Miller asked.
“Yes,” Valdez said.
“Were there City Council meetings where none of the authorities met?”
“Yes.”

(This is significant because the charges against the members involve “taking huge salaries to serve on board and commissions that rarely met and did little, if any, work.”)

Valdez also verified salary documents for former council members. One listed former Councilwoman Teresa Jacobo’s monthly salary as $7,666. Another showed an increase that bumped her salary to $8,083 a month.
In contrast, [Deputy Dist. Atty. Edward Miller] then showed the most recent contract for Lorenzo Velez, who was on the council when the salary scandal broke. Velez, the lone council member not charged in the case, was appointed to the council in 2009 and given a salary of only $673.

And:

Later, Valdez testified that at Rizzo’s request, she knowingly gave a document listing incorrect salary information for city officials to a resident who had filed a public records request.

The defense attorney for one of the former council members got Valdez to admit that Robert “Ratso” Rizzo, the city manager, loaned her $48.000 for a down payment on a house; he also asserted that the $48,000 was city money, not a personal loan from Ratso.

Later, [Alex] Kessel [defense attorney for former Councilman George Mirabal] said Rizzo “insulated himself from the council members. Any wrongdoing was done without their knowledge.”

It is still early in the trial, but it looks to me like the defense strategy is going to be “it was all Rizzo! We didn’t know what was going on! Ratso hid stuff from us!” We’ll see how effective this is. I’m thinking it probably won’t be very effective; if you’re taking $8,000 a month for meetings of boards that never meet, you’ve got to know something is up, and throwing Ratso under the bus isn’t going to help.

If I were Ratso, right about now I might be thinking about making a deal with the DA to testify against the council members, in return for a lighter sentence. If I’m the DA, I want Rizzo and Spaccia to do time, but I might be willing to make a deal with Rizzo (or Spaccia) if it means I can nail a bunch of corrupt elected officials. Ideally, I want everyone involved in the Bell scandal to be introduced to the joys of busting rocks, but sometimes you’ve got to make a trade. Personally, I’d rather send elected politicians to jail than appointed city officials, if I have to make a choice.

Bread blogging: French Onion Bread.

Saturday, January 26th, 2013

This one is from Laurence Simon. So finally you have a recipe that you can follow at home without purchasing a book from Amazon.

I followed Simon’s recipe more closely than I have any other recipe recently, even making several special trips to find date sugar. Sprouts didn’t have it. The Gateway Whole Foods didn’t have it. HEB, of course, doesn’t have it, even at Central Market.

(As a side note, I think the downtown Austin Whole Foods is the best place to go if you’re looking for unusual stuff. I griped previously about getting powdered goat’s milk; actually, both Sprouts and Whole Foods have it in large cans, as does Amazon. The recommendation is to use the can up within 8 weeks of opening, and I wasn’t going to use that much in 8 weeks. Amazon has smaller packages as well, but the shipping costs more than the product. It turns out the downtown Whole Foods also has the smaller packages, and date sugar too. So: shop the downtown Whole Foods. Thanks, Egon.)

Anyway, the only significant variation was that I used shredded Gruyère instead of Swiss or Emmenthaler. That’s what I had on hand, and I think that’s more traditional for French Onion soup. (Also, my machine doesn’t have a fruit and nut hopper; it beeps instead to let you know when to add fruit or nuts, so I threw the cheese in during that part of the cycle.)

How did it come out? I’m going to put the rest of this behind a jump; those who are bored with my bread blogging are cordially invited to skip to the next post, or for that matter the previous post. If you don’t like this one, just wait; there will be another one coming along shortly.

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Gun show watch.

Friday, January 25th, 2013

Austin’s Saxet show is this weekend. I plan to be there Saturday. Feel free to say “Hi” if you see me: I’ll be wearing my snazzy Gunwalker t-shirt.

In Houston, a company called High Caliber Gun & Knife Shows runs gun shows in the George R. Brown Convention Center. They’re also having a show this weekend. (You may remember High Caliber from High Caliber v. Houston, aka “the city of Houston got their ass whipped and had to pay High Caliber’s legal fees”.)

Gun shows have security, like pretty much any public gathering; rock concert, biker rally, gun show. Gun shows do not generally hire the Hells Angels to provide security; in Austin, Saxet uses APD officers (who I believe are off-duty, but in uniform). In Houston, High Caliber uses off-duty Houston police officers.

At least they did until this past week.

[Mary] Bean [co-owner of High Caliber – DB] said that off-duty Houston police officers who have provided security for her shows for many years were barred this week from performing their normal duties, such as tying patrons’ guns so they can’t be dry-fired, ensuring guns are unloaded, and walking the aisles, providing a presence at the show.

Why?

Houston Police Officers Union president Ray Hunt said the officers were prevented from carrying out these duties because they violate department policies regarding off-duty jobs. The gun show’s rules are that people can’t bring a concealed handgun into the show, but state law allows patrons to do so. That makes the show’s decision a house rule, he said, and HPD policy prohibits its officers from enforcing house rules.

This whole “state law” versus “house rule” thing doesn’t pass the smell test with me. Texas state concealed carry law allows a business to ban the carrying of concealed handguns, if they post a sign to that effect at the entrance or entrances. The sign has to meet specific wording and legibility requirements; we in Texas colloquially refer to them as “30.06 signs” after the relevant section of Texas law.

I haven’t been to a High Caliber show in Houston, but the Saxet shows in Austin have 30.06 signs posted at the entrances; I assume High Caliber does as well, which to me puts things firmly into the “state law” versus “house rule” category.

“It’s not that they were suspended for any reason for danger to the public or danger to the officers. It was simply that they were being asked to enforce a rule that is not a law, and we can’t do that,” Hunt said. “When it’s brought to our attention that house rules are being enforced, we make sure that that policy is changed. If the officer can’t enforce house rules, why would the vendor want to pay them?”

I wonder if off-duty police officers enforce “rules” that are not “laws” in other venues? For example, do off-duty police officers confiscate cameras and recording devices at rock concerts?

According to the HouChron, High Caliber has managed to get security from the Harris County Sheriff’s Office, which doesn’t seem to have a problem with the whole “house rules” thing.

Quoth Union chief Hunt again:

“A police officer may not think they’re enforcing a house rule by checking a gun and tying it, but I can tell you — and I’m on the labor side — that I would not want an officer handling a large number of guns handed to them by citizens who may or may not have had adequate training on that gun,” he said. “I’m betting something was brought to someone’s attention.”

Sounds like “only ones syndrome” again, doesn’t it? Also makes me wonder: I don’t see any indication that any of the officers working security complained. I wonder if somebody – perhaps on the city council or in the mayor’s office – put some pressure on Union chief Hunt. I don’t have any evidence for that yet; this is purely speculative.