Archive for September, 2017

Obit watch: September 29, 2017.

Friday, September 29th, 2017

Sergeant Gary Christenberry of the Austin Police Department passed away earlier today.

Sergeant Christenberry was severely burned in an off-duty accident at his home two weeks ago: his death was a result of those injuries. He’d been on the force for 24 years.

Lady Lucan, long suffering wife of the late Lord Lucan.

This may ring a bell for some of you, as I’ve touched on the Lucan case before. Briefly: one night in November of 1974, Lord Lucan allegedly beat his children’s nanny to death, having mistaken the nanny for Lady Lucan. When Lady Lucan came downstairs to see what was going on, Lord Lucan tried to beat her to death as well. She disarmed him, he asked for a glass of water, they spoke briefly, he drove off, she ran to a nearby pub for help…

…and Lord Lucan hasn’t been seen since. Everyone seems to assume he’s dead. He’d be 82 if he was still alive, so there’s a possibility…

Obit watch: September 28, 2017.

Thursday, September 28th, 2017

For the record: Hugh Hefner.

I feel like Lawrence pretty much said everything I would say.

Welp….

Wednesday, September 27th, 2017

I was waiting for this to become official. It is now.

Rick Pitino placed on “unpaid administrative leave” at the University of Louisville. This is being described as an “effective firing”:

Pitino may have been put on administrative leave because, under his contract, if he is fired he must be given 10 days’ prior notice and “an opportunity to be heard.”
The contract says he may be fired for a number of reasons, including “disparaging media publicity of a material nature that damages the good name and reputation of the university… if such publicity is caused by employee’s willful misconduct that could objectively be anticipated to bring Employee into public disrepute or scandal or which tends to greatly offend the public.”

Also out: AD Tom Jurich, but his “administrative leave” is paid. More from ESPN.

As I see it, this is only in part fallout from yesterday’s indictments. (And while the university is involved, Pitino and Jurich have not been charged with any crimes yet.) Pitino’s problem is that this was just the latest in a string of issues while he was coach.

In 2010, the coach testified in a federal extortion trial involving Karen Sypher, who went to prison after trying to get money and gifts from him in exchange for silence. The married Pitino admitted to having sex with the woman in a closed Louisville restaurant in 2003.
In 2015, the NCAA launched an investigation into a sex-for-pay scandal organized by former Louisville assistant coach Andre McGee that could force the Cardinals to vacate their 2013 national title and dozens of victories. For that, Pitino would have been suspended for Louisville’s first five ACC games this season. That all came after the school, hoping to soothe the NCAA and temper the sanctions, self-imposed a 2016 NCAA tournament ban.

Could Louisville men’s basketball be facing the death penalty?

I’m going to say “probably not” just because I don’t think the NCAA has the institutional will to impose the death penalty on a large successful program. But it would be fun if they did: much of the NCAA’s operating budget comes from rights fees, especially fees for the men’s basketball tournament. If the federal investigation blows up college basketball, will the explosion take the NCAA down with it?

(Thanks to Lawrence for the heads-up on this.)

Edited to add:

Pitino said he was shocked to learn of the latest allegation, just as he was shocked to learn that his former staffer, Andre McGee, was running strippers into the campus dorm named after the coach’s late brother-in-law to have sex with players and recruits. “Shocked” was a popular word Tuesday when college basketball assistants from Auburn (former NBA star Chuck Person), Oklahoma State (Lamont Evans), Arizona (Emanuel “Book” Richardson) and Southern California (Tony Bland) were charged with taking cash bribes to steer players to financial advisers and agents. Officials at Auburn and USC used the word in statements. Oklahoma State went with the milder “surprised.” Arizona checked in with the stronger “appalled.”

I have to do this. I’m sorry.

TMQ Watch: September 26, 2017.

Tuesday, September 26th, 2017

When we heard about Sunday’s events, our first thought was: Easterbrook is going to be insufferable this week.

In retrospect, “insufferable” may not have been the right word. Perhaps “long winded” is better.

In that vein, and before the jump, we’d like to point you at David French’s National Review piece, “I Understand Why They Knelt”, which is one of the best pieces we’ve read so far on the subject.

After the jump, about 5,600 words of this week’s TMQ…
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Quote (well, actually, tweet) of the day.

Tuesday, September 26th, 2017

I’m a sucker for a good classical reference.

Holy crap!

Tuesday, September 26th, 2017

This is a developing story.

Earlier today, the United States attorney for the Southern District of New York announced indictments against 10 people on assorted bribery, fraud, and corruption charges.

The twist? Four of those people are college basketball assistant coaches, and at least one is a high-ranking executive at a shoe company.

The investigation has revealed “numerous instances” of bribes paid by athlete advisers, and others, to assistant coaches and sometimes directly to student-athletes at N.C.A.A. Division I universities, the complaint said. The bribes were designed to get commitments from college stars to work with specific agents and companies after they turned professional, or to convince coveted high schoolers to attend specific universities.

More:

One of the three indictments charges five people with wire fraud and money laundering in a scheme to pay high school athletes to attend particular universities…
The indictment says about $100,000 was to be paid to the family of “Player-10,” a heavily recruited high school all-American, to steer him to a particular college. It says contemporary news accounts described his college decision, announced this past June, as a surprise. Payments were arranged for other players’ families as well, the indictment says, including one who had not yet begun his junior year of high school.

I’m leaving out the names, even though they are in the linked NYT article, because innocent until proven guilty. Plus, this is the Southern District, which sometimes (in my opinion) pulls some questionable stunts.

But I kind of doubt they would have indicted this many people, especially assistant coaches, without some sort of evidence.

The indictments did not implicate any head coaches, perhaps for reasons explained by one of the defendants in an audio recording of a secret meeting. According to a transcript of comments by the prospective agent, Christian Dawkins, the path to securing commitments from college athletes was through assistant coaches, because head coaches “ain’t willing to [take bribes], cause they’re making too much money. And it’s too risky.”

Edited to add: “What you need to know about the FBI’s NCAA basketball investigation” from the Entertainment and Sports Programming Network’s website.

I love that little sting at the end.

Obit watch: September 25, 2017.

Monday, September 25th, 2017

Edgar H. Smith Jr. descended into Hell on March 20th of this year. He did so in obscurity, as his death was not noticed until Sunday.

On the night of March 4, 1957, a 15-year old girl named Victoria Zielinski disappeared near her home in Ramsey, New Jersey. Her body was found the next day in a sand pit.

She had been bludgeoned with a rock and a baseball bat, resulting in “a total crushing of the skull,” as an autopsy report put it. Her clothes were in disarray, though she had not been raped.

Mr. Smith came under suspicion. The authorities found bloodstains in his car and on his pants and shoes.

Taken into custody and questioned for hours without a lawyer present, Mr. Smith confessed. This was nine years before the Supreme Court’s Miranda ruling requiring that the police warn suspects of their right to remain silent and to have a lawyer present during questioning.
At his trial, he testified that his confession had resulted from coercion and exhaustion. He said he had picked up the girl and driven her to the sand pit, where they began to argue, and that he struck her, drawing blood. But he insisted that he had left her alive, with a friend who had driven up a few minutes later.

Mr. Smith was convicted of first-degree murder and sentenced to death. While awaiting his sentence, he taught himself law and began filing appeals. He also wrote a book, “Brief Against Death”, which was published in 1968.

His case also came to the attention of William F. Buckley Jr. Buckley came to believe the prosecution’s case had “damning weaknesses” and started promoting Mr. Smith’s innocence.

In 1968, the United States Supreme Court ordered the United States Court of Appeals for the Third Circuit to reconsider its decision to deny Mr. Smith a hearing on the validity of his confession. Finally, on May 14, 1971, a Third Circuit judge ruled after a hearing that the confession had indeed been coerced, and that the prisoner must be freed if prosecutors did not retry him.

The state felt their case was even weaker without the confession, so they made a deal with Mr. Smith:

On Dec. 6, 1971, Mr. Smith was allowed to plead no contest to a reduced charge of second-degree murder and was sentenced to the time he had already served. During the court proceeding he said he had killed Victoria Zielinski, but after leaving the courthouse he declared that he had uttered the words only to put his long ordeal behind him. (He had been on death row longer than any other United States prisoner up to that time.)

After he got out of prison, Mr. Smith moved to California.

On Oct. 1, 1976, he abducted a 33-year-old San Diego woman and stabbed her as she struggled to escape his car. Bystanders noted the license plate number, leading the police to Mr. Smith’s apartment. By that time, he had fled to the East. But he decided to turn himself in and flew to Las Vegas, where he was arrested by F.B.I. agents. Mr. Buckley helped arrange the surrender and later expressed regret at having championed Mr. Smith’s cause.
In a nonjury trial, Mr. Smith was convicted of attempted murder and other crimes and sentenced to life in prison.

But wait, there’s more:

During the trial, he admitted that he had, in fact, killed Victoria Zielinski. He said he had struck her in the car after she resisted his advances, chased her when she ran away and hit her with the bat. Then, he said, “I picked up a very large rock and hit her on the head with it.”

I swear that I’ve read a long essay by Mr. Buckley about the Smith case, his involvement in it, and his regrets over what happened. But I don’t remember where that essay was…

Your loser update: week 3, 2017.

Sunday, September 24th, 2017

NFL teams that still have a chance to go 0-16:

Cleveland
Cincinnati
Chargers
New York Football Giants
San Francisco

Apologies to friend of the blog Infidel de Manhatta. Honestly, I remember the predictions before the start of the season: people (well, ESPN) were saying the Jets had a good shot at going 0-16. Tossed that away, did they not?

But hey, Cleveland’s still on track. Not that I really want to see Cleveland lose, for family reasons, but I think I’ve mentioned my theory of compensatory suck before, right? The better the baseball team is, the worse the football team, and vice versa?

Tiger, tiger, burning bright…

Friday, September 22nd, 2017

The Detroit Tigers did not fire general manager Brad Ausmus.

They just decided not to renew his contract.

Also out: Nebraska athletic director Shawn Eichorst.

Nebraska’s football team is currently 1-2.

Noted.

Thursday, September 21st, 2017

Court paperwork filed Tuesday said an armed good Samaritan stopped an attack on a runner on a popular trail near Rainey Street last week.

Another jogger who was carrying a flashlight and a handgun heard the victim scream and ran over to help.
The affidavit said the jogger told police he shined his light in the direction of the screams and saw the victim on her back and the attacker on his left side on top of the victim.
The jogger pointed his gun at the suspect and demanded he get off the victim. The attacker stood up and was naked from the waist down, the affidavit said.

Obit watch: September 21, 2017.

Thursday, September 21st, 2017

Lillian Ross, one of the old-time New Yorker writers. She was 99.

I didn’t grow up reading her work, but I was passingly familiar with her from her book Picture. Ms. Ross followed John Huston while he was making “The Red Badge of Courage” and wrote about the production. Which, oddly enough, turned out to be deeply troubled.

Julie Salamon cites Picture as a major influence for her own classic book, The Devil’s Candy: The Anatomy Of A Hollywood Fiasco. It’s kind of interesting to contemplate these two books. Neither Ms. Ross (as far as I know) or Ms. Salamon (who explicitly states this in her forward) intended to write books about troubled movies. Both of them just simply wanted to document the process of making a Hollywood film: what was it like to do this in the 1950s, and what was it like in the 1980s? It’s odd that both movies turned out the way they did. And it’s interesting that nobody else has tried doing this in the last 25 years.

Bernie Casey, NFL wide receiver (for the San Francisco 49ers and the LA Rams) turned actor (“I’m Gonna Git You Sucka”).

For Mr. Casey, who also published books of poetry, the arts always came first. He considered football a steppingstone, but many viewed him as an athlete.
“It was just a gig,” he told The Washington Post in 1977 about football. “But it limits the way people perceive you. That can be frustrating. People have tremendous combinations of talents. A man can be a deep-sea diver and also make china.”

TMQ Watch: September 19, 2017.

Wednesday, September 20th, 2017

TMQ Watch has our tropes, too. One of those is referring to the team by their full legal name, “The New York Football Giants”.

What are some of our other tropes? The only other two we can think of are:

  1. “autonomous 1911 and heroin-vending robots”, which in turn is derived from TJIC (though the original was “autonomous Glock and heroin-vending robots”, but only heathens use Glocks.)
  2. Pointing out that Easterbrook is wrong, wrong, wrongity wrong about the 1972 Dolphins.

Are we forgetting any recurring tropes, all of you huddled wretched masses yearning to breathe free? Please let us know in comments.

After the jump, this week’s TMQ…

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From the flaming hyenas news desk…

Wednesday, September 20th, 2017

Some of you may recall my entry the other day about the Travis County DA’s decision to suspend pursuing felony charges against State Representative Dawana Dukes.

Now we have some clarity on the reasoning behind that decision.

The guy who runs the House Business Office (which I guess is responsible for things like cutting checks for expenses and reimbursement) apparently told Ms. Dukes’s lawyers that “his office does not require a House member to travel to the Capitol building in order to receive per diem payments when the Legislature is not in session.” Illegally collecting those payments, when she wasn’t present in the Capital, was part of the case against her.

Gee, that seems like a bad screwup by the Travis County DA. Why wouldn’t they have checked on something like that before filing charges?

Answer: they did. And were told something completely different. By the same guy.

Prosecutors said they learned about Adrian’s contradictory statement when they visited with him two weeks ago to prepare for trial. In a sworn affidavit, he had told Dukes’ legal team that she did not need to be at the Capitol to qualify for reimbursement because House District 46, which she represents, is within 50 miles of the building.
Adrian said the House personnel manual did not expressly require a representative to travel to the Capitol building to receive payments. The implication is Dukes would still have been eligible for reimbursement if she was performing legislative duties from another location in Austin.

That seems like an…interesting…interpretation.

A former Dukes staffer told the Statesman last year that the lawmaker did not travel to the Capitol for all of the days that she claimed but directed her staff to prepare the forms as if she did.
Dukes, according to the grand jury indictment, did make “a false entry in a government record, and present and use said government record with knowledge of its falsity, by instructing her staff to add a false entry to her State of Texas Travel Voucher Form.”

So, basically, it seems like the argument is: it doesn’t matter, because she was close enough for government work. Good to know.

But in the meantime, the DA’s office did a new filing outlining some of the other “extraneous acts” they plan to bring up at the misdemeanor trial, which starts in October. A couple of selected high points:

According to the filing, Dukes paid an online psychic $51,348 from December 2014 to January 2016, totaling nearly $1,000 per week.

Responded to a search warrant for her cellphone by providing investigators a phone that did not match the identification number on the phone they had requested.

Was noticeably impaired while trying to perform legislative duties at the Capitol and showed up late to a House Appropriations Committee hearing on March 29, stating, “I know I’m talking a lot. I’m full of morphine and will be headed out of here soon.”

Obit watch: September 20th, 2017.

Wednesday, September 20th, 2017

Jake “Raging Bull” LaMotta.

Short shameful confession: I have never actually seen the movie. Need to fix that.

Robert Grays, a cornerback for Midwestern State (Division II) died yesterday from injuries he received in Saturday’s game against Texas A&M-Kingsville.

Your loser update: week 2, 2017.

Tuesday, September 19th, 2017

NFL teams that still have a chance to go 0-16:

Jets
Cleveland
Cincinnati
Indianapolis
Chargers
New York Football Giants
Chicago
New Orleans
San Francisco

Obit watch: September 18, 2017.

Monday, September 18th, 2017

I don’t know exactly why this surprises me, but for the historical record: NYT obit for Jerry Pournelle.

The obit is actually pretty respectful (if a week late) and covers his work as a computer columnist almost as much as it does his SF writing.

Obit watch: September 16, 2017.

Saturday, September 16th, 2017

The great Harry Dean Stanton.

He was in everything. Even “Cockfighter”.

He played Molly Ringwald’s underemployed father in the teenage romance “Pretty in Pink” (1986), the apostle Paul in Martin Scorsese’s “The Last Temptation of Christ” (1988), a private eye in David Lynch’s “Wild at Heart” (1990), a judge in Terry Gilliam’s “Fear and Loathing in Las Vegas” (1998), the hero’s ailing brother in Mr. Lynch’s “The Straight Story” (1999), a veteran inmate cheerfully testing the electrocution equipment in “The Green Mile” (1999) and Charlie Sheen’s father in “The Big Bounce” (2004).

Also: who is killing the cast of “The Godfather: Part II”?

…until morale improves.

Friday, September 15th, 2017

Two games into the season, the Cincinnati Bengals (currently 0-2) have fired Ken Zampese, their offensive coordinator.

Smells like desperation, doesn’t it?

Redemption.

Friday, September 15th, 2017

I’ve been thinking a lot recently about redemption. What does it mean to be redeemed? Who decides when you’ve redeemed yourself? Can some people never be redeemed?

I will tell you now, I’m not sure that I have any answers. So I’m going to put a jump here: if you don’t want to read my meandering, you’re welcome to skip over it and go read “TMQ Watch” or “Gratuitous Gun Porn” or even the flaming hyenas entries. I won’t hold it against you.

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Flaming hyenas watch.

Friday, September 15th, 2017

Sorry about the delay: this news broke last night while I was downtown at the cop shop and couldn’t blog.

The Travis County district attorney will not pursue, at least for now, the most serious charges against state Rep. Dawnna Dukes, saying prosecutors have renewed their investigation into the travel vouchers at the heart of the 13 felony counts the Austin Democrat is facing.

The DA is still prosecuting two misdemeanor charges “relating to allegations of her using legislative staffers for personal gain”. The charges the DA is not pursuing at this time are felonies related to misuse of travel vouchers.

I don’t quite know what to make of this.

District Attorney Margaret Moore confirmed to the American-Statesman on Thursday that prosecutors have obtained new information relating to the vouchers, which Dukes is accused of falsifying for financial gain. But Moore declined to elaborate on what the new information is.
“The district attorney’s office recently received new, unexpected information pertinent to that case and the new information has created a need for further investigation by this office and the Texas Rangers,” Moore said.

“New information”. Is it exculpatory? It seems to me that if there was exculpatory evidence, Ms. Dukes and her legal team would have offered it in her defense a long damn time ago, as well as spreading it to every media outlet they could find.

If it’s not exculpatory, is the DA playing hardball again, trying to get her to take a plea? “Look, we’ve got new leads. We’re turning the Rangers loose again. Take a plea now, resign, and we drop charges. Otherwise, we’re going to dig up even more dirt and you can spend the next 28 years experiencing the joy of busting rocks.”

I don’t have any idea, and I don’t think anyone outside of the highest levels of the DA’s office does either. Buy popcorn futures.

Obit watch: September 15, 2017.

Friday, September 15th, 2017

Gastone Moschin, Italian actor perhaps most famous in the United States as “Don Fanucci” in “The Godfather Part II”.

Oddly, I had never seen Part II until just a few weeks ago: I’d seen Part 1 a couple of times, but for various reasons had just never watched Part II. I think, as a movie, I liked Part I better: some of the early stuff with the young Don Corleone is kind of weak.

But maybe the conventional opinion is right, and the two movies should be thought of as a single film about the tragedy of Michael Corleone.

Obit watch and random notes: September 14, 2017.

Thursday, September 14th, 2017

Obit watch: Pete Domenici, former Senator from New Mexico.

Long, but kind of fascinating, NYT article about the hunt for test models of the Avro Arrow.

For those of you who are not Canadian, the Avro Arrow was a legendary Canadian jet fighter project of the 1950s. It was pretty cutting edge for the time, but the project was cancelled in 1959.

In the decades since the program was abruptly dropped, the Arrow’s story has become one of Canada’s greatest bits of folklore, and not just among the military or aviation buffs sometimes known as Arrowheads.

The Smithsonian’s Air and Space magazine ran a good article about the Arrow some time ago, but I can’t find it on their website or in Google. Sigh.

Full internal affairs reports on Payne and Tracy, obtained by The Salt Lake Tribune through a public records request, found both officers violated five policies: conduct unbecoming of an officer; courtesy in public contacts; a policy that states misdemeanor citations should be used instead of arrest ”whenever possible”; violation of the department’s law enforcement code of ethics; and a city-mandated standards of conduct policy.

Remember, folks: that’s Detective Jeff Payne and Lt. James Tracy of the Salt Lake City Police Department. Detective Jeff Payne also failed to file a “use of force” report, which is another policy violation.

Investigators wrote Payne’s conduct was ”inappropriate, unreasonable, unwarranted, discourteous, disrespectful, and has brought significant disrepute on both you as a Police Officer and on the Department as a whole.
“You demonstrated extremely poor professional judgment (especially for an officer with 27 years of experience), which calls into question your ability to effectively serve the public and the Department in a manner that inspires the requisite trust, respect, and confidence,” the report adds.

And as for Lt. James Tracy:

Investigators took a similarly critical view of Tracy’s actions. They noted Wubbels had told them in an interview that she felt Tracy was “ultimately responsible for this incident.”
“[Y]our conduct, including both giving Det. Payne the order to arrest Ms. Wubbels and your subsequent telephone discussions with Hospital administrators, was discourteous and damages the positive working relationships the Department has worked hard to establish with the Hospital and other health care providers,” the report states.

And more:

The report says neither Tracy nor Payne fully understood current blood draw laws or hospital policies, and — unlike the nurse, Wubbels — they did not seek legal clarification from the department’s attorneys or other sources.
It also outlines how Payne visibly “lost control of his emotions” and his “self-control” over the course of the incident — yet no other law enforcement officers at the scene, including those from Salt Lake City and the University of Utah, thought to intervene.

And to think that I saw it on Mulberry Street.

Now I’m hungry.

Wednesday, September 13th, 2017

Does anybody remember the Spaghetti Warehouse?

I only went to the one in Houston a handful of times. There used to be one in Austin that I went to more regularly, but it was downtown: parking was a complete word that rhymes with witch. And then they got rid of some of the menu items I loved, including the spaghetti with cheese sauce. Damn, I miss that. And I haven’t been able to find a copycat version online.

I did find a copycat spaghetti with garlic butter, which sounds good. Maybe if you threw some small mushrooms during the simmering process, you’d have a good replica of another of my favorite dishes. I may have to try that soon.

Not a Spaghetti Warehouse recipe, but I remember having this at the Old Spaghetti Factory in Boise (now closed) when I was there, and loving it. Might have to try that soon as well.

Edited to add: As long as we’re talking about pasta, the Olive Garden never ending pasta bowl is back. Not that I shill for Olive Garden (unlike the mass media, and which is why there are no links here) but this is mildly interesting: for $100, you can get a pass that lets you get “unlimited” servings for eight weeks.

For $200, you can get a pass that lets you get “unlimited” servings for eight weeks plus an eight day, seven night trip to Italy.

including:

Airfare
Ground transportation
Hotel
Meals
Daily activities

There’s got to be a catch here, but what? They can’t be looking for audiophiles that need blank cassette tapes. If I had to guess, I’d guess those $200 passes are extremely limited. Either that, or you’re flying in aircraft retired by Aeroflot and sleeping in a foxhole you dug yourself.

TMQ Watch: September 12, 2017.

Wednesday, September 13th, 2017

Ah, September. The air is turning crisp. Soon leaves will show colors; the holidays are in prospect; everyone looks better in sweaters.

And once again, we ask the musical question: everyone, Gregg?

After the jump, this week’s TMQ

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Your loser update: week 1, 2017.

Tuesday, September 12th, 2017

Welcome back my friends to the show that never ends.

NFL teams that still have a chance to go 0-16:

Miami (*)
New England
Jets
Cleveland
Cincinnati
Tennessee
Houston
Indianapolis
Chargers
New York Football Giants
Washington
Chicago
Tampa Bay (*)
New Orleans
Seattle
Arizona
San Francisco

(* Miami and Tampa Bay were originally scheduled to play last Sunday. However, due to the hurricane, that game has been postponed until week 11 (November 19th). Which means that Miami and Tampa Bay are going to play 16 straight games without a break. But that’s okay…)