Archive for February, 2013

Random notes: February 20, 2013.

Wednesday, February 20th, 2013

We must ban the deadly killer backboards!

Former Texas basketball player Gary Johnson was in stable condition Wednesday morning after undergoing surgery to repair a fractured skull he suffered during a game in Israel, his friend and marketing representative said.

I don’t have much to offer as a Bell trial update. I am assuming the court took Monday off, and there doesn’t seem to have been any reported activity on Tuesday. The LAT does have a story datelined today, but it is just a summary of the past week of testimony, focusing on the whole “it was all Rizzo!” defense strategy.

Obit watch: Donald Richie, “prominent American critic and writer on Japan who helped introduce much of the English-speaking world to the golden age of Japanese cinema in 1959”. Among Richie’s works was The Films of Akira Kurosawa, a book I recommend to anyone interested in Kurosawa’s films.

All Tesla, all the time.

Tuesday, February 19th, 2013

Could be worse. Could be “all poop cruise”.

Anyway, the NYT public editor has weighed in on the Tesla story.

In my opinion, she’s done so in a rather half-assed fashion. Much of her blog entry is actually a quote from one reader’s letter, making the standard arguments:

  • the writer should have used the “Max Range” setting
  • the writer should have used the “Range Mode” setting
  • the writer should have read the section of the owner’s manual, “Driving Tips for Maximum Range”
  • and he should have left it plugged in overnight

Quoth the public editor:

My own findings are not dissimilar to the reader I quote above, although I do not believe Mr. Broder hoped the drive would end badly. I am convinced that he took on the test drive in good faith, and told the story as he experienced it.
Did he use good judgment along the way? Not especially. In particular, decisions he made at a crucial juncture – when he recharged the Model S in Norwich, Conn., a stop forced by the unexpected loss of charge overnight – were certainly instrumental in this saga’s high-drama ending.

But she fails to give any examples of what she (as opposed to the letter writer) considers to be his alleged “not good” judgment.

If the public editor wishes to take the items above as examples, there are some questions worth asking:

  • Doesn’t using the “Max Range” setting shorten the lifetime of the Tesla batteries? Isn’t it a legitimate decision to trade longer battery life for an additional “20-30 miles” of range?
  • The writer was on the phone with Tesla throughout the entire drive, and followed the advice they gave him to maximize range. Wouldn’t they have given him the same advice as far as the “Range Mode” settings and what’s in the owner’s manual?
  • Are there many hotels that have outside power outlets, in their parking areas, accessible to the public? That’s a serious question: I stay in maybe two hotels a year, if I’m lucky, and I don’t recall seeing power outlets at the ones I’ve stayed at in Vegas.

In addition, Mr. Broder left himself open to valid criticism by taking what seem to be casual and imprecise notes along the journey, unaware that his every move was being monitored. A little red notebook in the front seat is no match for digitally recorded driving logs, which Mr. Musk has used, in the most damaging (and sometimes quite misleading) ways possible, as he defended his vehicle’s reputation.

I agree somewhat with the public editor here. But, as she notes, the writer was “unaware that his every move was being monitored”. Elsewhere, I have seen Musk state that the Tesla has the capacity to do these kind of detailed logs, that it does not do them by default on consumer vehicles, but that Tesla automatically turns on the detailed logging for any vehicle they send out for review. Question: isn’t this just a little bit creepy and disturbing? I wouldn’t have a problem if Tesla had told the NYT and their writer in advance that they were going to have the car maintain a detailed trip log, especially if they shared that data with the NYT. But Musk kept this a secret from the paper, and from the reviewer, until he disputed the review. Yes, he has a right to do that, and yes, I can understand why you’d want your own logs to compare with the paper’s reporting. If Musk can do that to the NYT, though, he can do that to you, Joe Tesla Driver, too.

(So how does this differ from the “black box” in newer cars? Not sure. Need to think about that. My understanding is that the “black box” only collects the last few minutes of data from the car, as opposed to the detailed multi-day logs from the Tesla. But I’m not an auto mechanic, and I have no “black box” in my car.)

Random notes: February 19, 2013.

Tuesday, February 19th, 2013

Well, isn’t this special. Julie Roe Lach, the NCAA’s chief enforcement officer, has been fired. You may remember Ms. Lach from such hits as “my people totally f–ked up the Miami investigation”.

Is Sherlock Holmes in the public domain? Or is he under copyright?

…according to a civil complaint filed on Thursday in federal court in Illinois by a leading Holmes scholar, many licensing fees paid to the Arthur Conan Doyle estate have been unnecessary, since the main characters and elements of their story derived from materials published before Jan. 1, 1923, are no longer covered by United States copyright law.

The scholar in question is Leslie S. Klinger, the man behind the recent Annotated Sherlock Holmes. Klinger and the mystery writer Laurie R. King are planning a collection of “Holmes-related” stories by various authors, but the Conan Doyle estate is demanding a licensing fee. Klinger and King did a previous collection of Holmes-related stories in 2011, and paid a $5,000 licensing fee.

The complaint asks that the court make a declaratory judgment establishing that the basic “Sherlock Holmes story elements” are in the public domain, a point that some have previously argued, if not in court.

What can you say about the only college Greco-Roman wrestling program in the country? What are they going to do if wrestling is no longer an Olympic sport? I don’t know, and I wasn’t going to say anything until I read this:

After losing its federal funding last year, the program relies on USA Wrestling and the university for financial support.

Wait. The Federal Government was funding a wrestling program? On the God-forsaken Upper Peninsula of Michigan?

Hermann always has recruits visit the campus during the summer, which he acknowledges is a bit of subterfuge. When they arrive as freshmen, just as the cold winds are beginning to blow, Hermann instructs their parents to wait in the parking lot for a few minute
“I’ve actually had recruits turn around and go back home the same day,” he said.

Competition tractor restoration. No snark here: I think this is nifty. (And, really, it isn’t any different than car shows, is it? Indeed, thinking about it some more, this might also be worth noting as an example of how the mass media is out of touch with the rest of the country.)

In addition to the Delo, which is sponsored by Chevron’s brand of oil and lubricants and is considered a Super Bowl of tractor restoration, there’s also a tractor restoration Web series (“Tractor Fanatic,” with episodes available in a two-DVD set) and Midwest tractor shows that draw thousands of fans each summer.

Banana republicans on trial: February 18, 2013.

Monday, February 18th, 2013

Friday’s Bell update…wasn’t much of one. Testimony has wrapped up, and the case should go to the jury this week.

There was some bickering between the prosecution and indicted council member George Cole. Cole claimed that Bell needed to pay high salaries “to bring more Latinos onto the council of the low-income, largely immigrant city”, and that’s why he voted for a pay increase. The prosecution pointed out that Victor Bello, Teresa Jacobo and George Mirabal, all of whom were also indicted, were already on the council when Cole voted for the increase.

When [Deputy Dist. Atty. Edward] Miller presented a document that ensured no employee hired or elected after June 30, 2005, would be eligible for the city’s supplemental retirement plan, he asked Cole: “Wouldn’t taking away that benefit adversely affect Latino representation on the City Council?”
Cole replied that it would.
“Did you vote for this because your friends on the City Council and yourself would be covered?” Miller asked.
“It looks like I did.”

When Miller pushed the point that the resolutions Cole and the other council members voted for would allow them a salary of $100,000 a year…

Cole then pointed out that Los Angeles City Council members had a driver, car and staff. “I never had any of those,” he said.
“Did you feel you needed a driver and a chauffeur to get around a 2½-square-mile city?” Miller asked.

Other than that, Rizzo got thrown under the bus again.

Former City Manager Robert Rizzo was depicted as a vengeful strongman, beginning with the opening statements from defense attorneys — one of whom called the former administrator “the thief, the fraud, the destructor of the city.”

Sunday’s LAT ran a story on what council meetings in Bell are like these days. Answer: much calmer. Oddly enough, however, it appears that Rebecca “testified against the other council members in return for immunity” Valdez is still the city clerk.

Obit watch: February 18, 2013.

Monday, February 18th, 2013

Barnaby Conrad Jr. — bullfighter, bon vivant, portrait artist, saloonkeeper to the stars, author of 36 books, and founder of the Santa Barbara Writers Conference, led a life that was anything but boring. Ninety years old, he died Tuesday in his Carpinteria home after a battle with congestive heart disease.

Conrad wrote two books that I liked very much: The Martini: An Illustrated History of an American Classic and Absinthe: History in a Bottle.

I have very little to say about Mindy McCready except this: the number for the National Suicide Prevention Lifeline is 1-800-273-8255.

Bread blogging: Shiner Bock Cheddar and King Arthur Flour.

Sunday, February 17th, 2013

This time, another bread from Laurence Simon, Shiner Bock Cheddar. And another recipe closely adhered to, even to the point of brushing the bread with butter and sprinkling in jalapenos and sesame seeds.

How did it come out?

(more…)

You’re going down in flames, you tax-fattened hyena! watch. (Part 1 of what I hope will be a more than infrequent series)

Saturday, February 16th, 2013

Jessie Jackson, Jr. has been charged with…

… one count of conspiracy to commit false statements, mail fraud and wire fraud in the misuse of approximately $750,000 in campaign funds…

Yes, this is just an indictment; he hasn’t been convicted yet, but all the reporting I’ve seen is stating the indictment was the first step towards a plea deal, and Jackson does plan to plead guilty to at least some of the charges.

The allegations include:

According to the WP, while the co-conspirator was not named, “the description makes clear that [Mrs. Jackson] was the co-conspirator”. She hasn’t been charged in this case, but:

Jackson’s wife was charged with filing false income-tax returns from 2006 through 2011, according to a separate criminal information in her case. That charge has a maximum sentence of three years in prison.

The reporting I’ve seen provides some additional context for Jackson Jr.’s spending. This wasn’t “I needed to pay the house payment, so I took money out of campaign funds” spending:

I remember reading the stories that Jackson Jr. was absent from Congress and out of touch, and the eventual announcements he was being treated for depression, but I did not associate those with an on-going criminal investigation:

Jackson eventually fled Washington for psychological treatment, abandoning Capitol Hill for several weeks without telling congressional leaders why he was absent. Later in the summer of 2012, his office announced that he was being treated for depression at the Mayo Clinic, whose doctors issued a more detailed statement in mid-August saying he suffered from bipolar disorder. Despite his months-long absence from the District, Jackson won reelection Nov. 6 with 71 percent of the vote.

Banana republicans on trial: February 15, 2013.

Friday, February 15th, 2013

That evil Robert “Ratso” Rizzo! He tied people up…and made them take money! The horror! The horror!

You think I’m kidding, right?

George Cole, a former steelworker, returned to the witness stand for a second day and testified that he voted for a 12% annual pay raise for a City Council board in 2008 only because he feared retribution from then-City Manager Robert Rizzo.

More:

“He had shown himself to be very vindictive if you crossed him at that time,” Cole said. “I was worried that if I didn’t vote for this, if I voted against it, he would do whatever he could to destroy the work that was important to me and the community. I knew that was his character.”
Cole said it was the most difficult decision he ever made while on the council but was in the best interest of Bell — a city, he said, where he had devoted decades to advocating for new schools and programs for at-risk youths and senior citizens.

The 63-year-old also told jurors that when he discovered $15,500 had been deposited into a 401(k)-style account for him, he complained. Cole said Rizzo refused to remove the money.

Cole is quoted, in a separate LANow blog post, as wanting to give up his salary in 2007, after one of Bell’s parks was closed. Ratso was not pleased:

“He got angry and told me if I didn’t take the salary I would have to resign from the City Council,” Cole said. “I told him that I was elected to that position by the people of the community, and if I didn’t want to take the salary and stay on board that was entirely up to me,” Cole said.

My understanding of city manager/council government is that the council tells the manager what to do, not the other way around. The testimony seems to be that Rizzo was driving the train. Left unanswered so far: why did the council allow this? If, indeed, the council did, and people like Cole aren’t engaging in retroactive butt covering?

Lenny Bruce is not afraid, and other random notes for February 15, 2013.

Friday, February 15th, 2013

More on the Maureen O’Connor story from the NYT. Highlights:

Her lawyers said that while she had made well over a billion dollars in bets at casinos in Las Vegas, Atlantic City and San Diego, her actual net losses were around $13 million.

…to wager a billion dollars over the course of her nine-year gambling spree, Ms. O’Connor would have had to bet the equivalent of more than $300,000 a day, seven days a week.

The Chelyabinsk meteor story is the kind of thing I feel obligated to comment on, but am still sorting out. I know my readers are looking to me for answers to such questions as “is it time to crack open our neighbor’s heads and feast on the tasty goo inside?” While you wait, WSJ coverage. And I’m going to break with one of my rules and point folks at Slate. My justification for this is that I’m pointing you at Phil Plait and “Bad Astronomy”: if anyone is going to be on top of this story, it will be Plait. Plus, he’s got lots of video.

Good lord.

Thursday, February 14th, 2013

Former San Diego Mayor Maureen O’Connor acknowledged in federal court Thursday that she gambled away millions of dollars that her late husband had earmarked for charity purposes.

Ms. O’Connor is getting a “deferred prosecution” deal.

Under a bargain with prosecutors, O’Connor agreed to make $2 million in restitution; if she violates no further laws in the next two years, the charge may be dismissed.

What happened? O’Connor’s husband was Robert Peterson, founder of Jack in the Box who “made a fortune in the restaurant, hotel and banking industries”. So she had money. LOTS of money.

O’Connor is destitute after gambling away $1 billion at casinos in the San Diego area and Las Vegas and Atlantic City from 2000 to 2009, according to prosecutors. She has admitted having a gambling addiction, prosecutors said.

Yeah, you read that right. She gambled away One. Billion. Dollars. That’s $100 million a year, or $8.3 million a month.

Anyway, when she ran out of money, she took money from the charitable foundation her husband started, which is now defunct because she stole the money.

O’Connor, who underwent surgery to remove a brain tumor in 2011, used a cane and needed help walking as she entered the courtroom of federal Judge David Bartick. In her youth, she had been a star swimmer and later a physical education teacher before being elected to the City Council in 1971 as a maverick Democrat.

So other than the question of exactly how you gamble away $100 million a year, and how you do that for ten years without realizing you have a problem: how exactly is a destitute 66-year-old woman who needs help walking supposed to pay back $2 million? (The late Mr. Peterson’s Wikipedia entry says he had four kids from a previous marriage, but apparently none with O’Connor.)

Musk Music.

Thursday, February 14th, 2013

Jesus, Joseph, and Mary on a pogo stick, if I had known the Tesla story was going to cause this much trouble, I wouldn’t have linked to it.

Since I did, though, I feel obligated to link to updates. In what I think is chronological order:

“A Most Peculiar Test Drive”, Tesla’s blog post giving their view of what the data shows.

Hacker News discussion of “A Most Peculiar Test Drive”, which has some good points in it. (It also has a lot of “The New York Times is a shill for Big Oil!” (Oh, wait. You’re serious. Let me laugh even harder.)  and “Any publication that gives the Tesla a good review is going to get driven out of business by the car companies!” (This, of course, explains why Motor Trend is no longer publishing. Oh, wait…))

“Elon Musk’s Data Doesn’t Back Up His Claims of New York Times Fakery” from The Atlantic Wire.

“That Tesla Data: What It Says and What It Doesn’t”, the NYT response to the Tesla blog post.

Banana republicans on trial: February 14, 2013.

Thursday, February 14th, 2013

I was out of pocket for much of the day Tuesday, which is why I didn’t update. Oddly, there seems to be a gap in the trial coverage on the LAT site: if anything did happen Tuesday, the paper didn’t report it.

As far as yesterday’s testimony: indicted former councilman George Mirabal was back on the stand.

“Did you specifically ask Mr. Lee, ‘Can I get this salary?’”
“No.”
“Why not?”
“Because he was in charge of maintaining surveillance on all these type of actions,” Mirabal said. “His firm was getting like $13,000 a month, the least he can do is look at all the resolutions and various ordinances.”

(Mr. Lee is Ed Lee, who was Bell’s city attorney.)

Also on the stand: Annette Peretz, Bell’s former director of community services. Her salary was $273,000 a year when she retired in 2010.

Attorneys have a saying: “Never ask a witness a question that you don’t know the answer to.” In that light, this exchange is…interesting.

The court received a jolt, though, when Deputy Dist. Atty. Edward Miller opened his cross-examination by asking: “Were you Robert Rizzo’s girlfriend?”

The judge ruled that Peretz did not have to answer that question, and Peretz also declined comment to reporters.

I can’t find a photo of Peretz, but as a reminder, this is Robert “Ratso” Rizzo:

Peretz also testified as, basically, a character witness for indicted council member Teresa Jacobo, saying “she often saw Jacobo meeting with residents at the community center and visiting senior housing facilities.”

Peretz, who took a $95,000 city loan from a program Rizzo developed, filed a lawsuit against Bell for retirement and medical benefits. A judge ruled for the city earlier this month. Rizzo is charged with illegally loaning out city money.

Also testifying as witnesses for Jacobo: two of her daughters, and “a woman who lives in one of Bell’s mobile home parks”:

Candalaria Ramirez said Jacobo was a trusted, frequent visitor who responded to residents and was instrumental in firing the management company that residents had complained was mistreating seniors and had racist employees.