Flaming hyenas watch.

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.

Posted in Austin, Law, Politics, TCDA | Comments Closed

Obit watch: September 15, 2017.

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.

Posted in Movies, Obits | Comments Closed

Obit watch and random notes: September 14, 2017.

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.

Posted in Cops, Law, Obits, Planes, Politics, Rage | Comments Closed

Now I’m hungry.

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.

Posted in Food | Comments Closed

TMQ Watch: September 12, 2017.

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…

Read the rest of this entry »

Posted in NFL, Sports, TMQ watch | 1 Comment »

Your loser update: week 1, 2017.

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…)

Posted in Loser, NFL, Sports | 2 Comments »

Obit watch: September 11, 2017.

September 11th, 2017

Don Ohlmeyer, legendary “Monday Night Football” producer, and later NBC executive.

In 1998, Mr. Ohlmeyer feuded with Norm Macdonald, the sardonic comedian and anchor of the “Weekend Update” news segment on NBC’s “Saturday Night Live.” Mr. Ohlmeyer called Mr. Macdonald increasingly unfunny and ordered Lorne Michaels, the executive producer of the series, to remove him from the segment immediately.

“The Last Tycoon”, Amazon’s series based on the unfinished novel by F. Scott Fitzgerald. Interestingly, a few days ago Amazon also cancelled “Z: The Beginning of Everything”, a series based on the life of Zelda Fitzgerald. “Z” had actually already been renewed and was apparently in pre-production for the second season when Amazon pulled the plug.

Is there just not a great demand for Scott Fitzgerald any longer? Or were these just not very good series?

Posted in 1970s, Books, Gatsby, NFL, Obits, Sports, TV | Comments Closed

Obit watch: September 9, 2017.

September 9th, 2017

Dr. Jerry Pournelle, noted SF writer and longtime computer columnist for Byte magazine back in the day.

Official website. Lawrence. Borepatch.

I don’t have a lot to add here. I never met Dr. Pournelle, and I don’t think I’ve read any of his solo SF. I’m spotty on his collaborations with Larry Niven, though the ones I have read I think are better than Niven’s solo work.

I enjoyed his Byte column, though at the time some of his recurring tropes did kind of grate on my nerves. (See also: Gregg Easterbroook.)

(For the younger set, and/or those who may not know: the Internet Archive has a large digital collection of Byte.)

I’m very fond of Oath of Fealty. And I believe Lucifer’s Hammer has been a huge influence on a lot of people (including me, somewhat),

The only other thing I have to say is: I’m ordering a copy of The Survival of Freedom, as my personal tribute to the good doctor.

Also among the dead: Don Williams, noted country musician.

Troy Gentry, also a country musician with Montgomery Gentry, was killed in a helicopter crash yesterday.

And finally, Rick Stevens, not a country musician, but a funk-soul one. He sang with the group Tower of Power, and did the lead vocal on “You’re Still a Young Man” from the 1972 album “Bump City”.

Then he got into heroin and other drugs. Over about a two-day period in 1976, he killed three men. He was convicted of murder and sentenced to death, but California declared the death penalty unconstitutional and he was resentenced to life. He was paroled in 2012 and started working again.

In January 2013 his old band brought him onstage at the Oakland club Yoshi’s to sing his signature song.
“When he got back onstage with Tower of Power for the first time in 40 years,” Mr. Maloney said, “he felt like he was levitating. That’s what he told me.”

While he was in prison, he became a Christian. He also did counseling and mentoring for other inmates, and formed prison bands.

He remained remorseful for the deadly events of 1976, which he said occurred during a time in his life when he was going from one drug high to another and not thinking clearly — “a jackass in a jumpsuit,” he would describe himself years later. When he began performing again after his release from prison he was realistic about his past.
“I know a lot of people won’t forget,” he said in a 2013 interview. “I won’t forget.”

Not exactly an obit, but:

Leslie Van Houten, who was convicted along with other members of Charles Manson’s cult in the 1969 killings of Leno and Rosemary LaBianca, was granted parole Wednesday by a panel of state commissioners in Chino.

Her parole still has to be approved by the governor. Jerry Brown rejected her bid for parole last year.

Posted in Books, California Über Alles, Geek, Law, Music, Obits, TMQ watch | Comments Closed

Even a blind pig finds an acorn sometimes.

September 8th, 2017

The almost completely worthless (ever since they fired Jim Romenesko) Poynter.org republishes Martin Merzer’s memo to Miami Herald staffers on how to cover hurricanes (aka “The dreaded Merz hurricane note”).

Don’t stand in standing water. Let the other idiots get electrocuted — we don’t need them anyway. You, we can’t replace because we’re in a hiring freeze. Also, if you die, we need to fill out a lot of messy paperwork.

(Hattip: Vera Bergengruen‏ on the Twitters.)

Posted in Media | 1 Comment »

Random jumbled notes: August 6, 2017.

September 6th, 2017

I had no idea Tillman Fertitta could command that kind of money. (Also: the Rockets are worth more than the Clippers? And $85 million to $2.2 billion over 24 years? That’s an APR of about 14.5%, if I ran the numbers right. Anyone want to check me? ETA: Actually, I think I left a “0” off when I was doing the calculation the first time: it looks more like a 26% APR. ETA again: No, I was right the first time. I haven’t had enough coffee this morning.)

Speaking of return on investment, here’s a stock tip from WCD: sell this one short.

Over the past decade, the DNA laboratory in the office of […] chief medical examiner emerged as a pioneer in analyzing the most complicated evidence from crime scenes. It developed two techniques, which went beyond standard practice at the F.B.I. and other public labs, for making identifications from DNA samples that were tiny or that contained a mix of more than one person’s genetic material.

…

Now these DNA analysis methods are under the microscope, with scientists questioning their validity. In court testimony, a former lab official said she was fired for criticizing one method, and a former member of the […] Commission on Forensic Science said he had been wrong when he approved their use. The first expert witness allowed by a judge to examine the software source code behind one technique recently concluded that its accuracy “should be seriously questioned.”

…

A coalition of defense lawyers is asking the […] inspector general’s office — the designated watchdog for the state’s crime labs — to launch an inquiry into the use of the disputed analysis methods in thousands of criminal cases. While the inspector general has no jurisdiction over the court system, any finding of flaws with the DNA analysis could prompt an avalanche of litigation. Previous convictions could be revisited if the flawed evidence can be shown to have made a difference in the outcome.

“Oh, man, you’re not writing about the APD crime lab again, are you?” Actually, I’m not: this time, it’s the New York City DNA lab.

I still really would like to read an “explain like I’m five” piece from someone who really knows DNA and DNA testing. On the one hand, nobody (myself included) wants innocent people to go to jail. On the other hand, it increasingly seems to me like a lot of these issues resolve around subtle and sometimes disputed interpretations of statistics and statistical data.

This also points up something that I keep thinking about, and deserves a longer essay: how do we, and how should we, validate scientific investigative techniques used in criminal prosecution? It isn’t just DNA: how did comparative bullet-lead analysis ever become accepted? Or bite-mark analysis?

And what do we currently think we know, that ain’t necessarily so? Is there statistical evidence that supports the use of drug dogs, or is it possible that this is a “Clever Hans” phenomena? Has anybody ever done a controlled study?

The great Cardinals scandal of 2015 was only the tip of the iceberg when it comes to high-tech sports cheating. (I know there’s a lot of biology and chemistry involved, but for some reason I don’t think of doping as “high-tech”.)

I’ve got a vague idea for a book series about a white hat computer security expert who specializes in investigating technological sports cheating: hacking other teams databases, abusing smart watches, maybe drone surveillance of practices, tapping into sideline radio communications…sort of a Myron Bolitar meets hacker riff. If anybody wants to take this idea, feel free.

Posted in Apple, Books, Food, Law, NYPD, Sports | Comments Closed

TMQ Watch: September 5, 2017.

September 5th, 2017

With all the dinging going on in this week’s column, you’d think this was the Christmas season and TMQ was the non-stop 24 hours a day “Carol of the Bells” channel.

Let’s get into it. After the jump, this week’s TMQ…

Read the rest of this entry »

Posted in NFL, Sports, TMQ watch | Comments Closed

Quote of the day.

September 5th, 2017

Apropos of nothing in particular, other than that this is one of my favorite poems and I want to bookmark it:

“Keep clear of the fools that talk democracy
And the dogs that talk revolution,
Drunk with talk, liars and believers.
I believe in my tusks.
Long live freedom and damn the ideologies.”

–“The Stars Go over the Lonely Ocean”, Robinson Jeffers

Reminds me of something else, too.

Posted in Bookmarks, Movies | Comments Closed

Obit watch: September 4, 2017.

September 4th, 2017

Walter Becker, co-founder of Steely Dan, passed away yesterday. He was 67.

As Steely Dan, Mr. Becker and Mr. [Donald] Fagen changed the vocabulary of pop in the 1970s with songs like “Do It Again,” “Reelin’ in the Years,” “Rikki Don’t Lose That Number” and “Peg.” Mr. Becker and Mr. Fagen were close collaborators on every element of a song: words, music, arrangement. “We think very much the same musically. I can start songs and Walter can finish them,” Mr. Fagen said in a 1977 interview.
Steely Dan’s musical surfaces were sleek and understated, smooth enough to almost be mistaken for easy-listening pop, and polished through countless takes that earned Mr. Becker and Mr. Fagen a daunting reputation as studio perfectionists.

….

In a statement released Sunday, Mr. Fagen wrote that Mr. Becker “was cynical about human nature, including his own, and hysterically funny. Like a lot of kids from fractured families, he had the knack of creative mimicry, reading people’s hidden psychology and transforming what he saw into bubbly, incisive art.”

I think it is time for a longer than usual musical interlude. I’ll put in a jump.

Read the rest of this entry »

Posted in Music, Obits | Comments Closed

Quick random notes: September 2, 2017.

September 2nd, 2017

Obit watch: Shelley Berman, noted stand-up comic.

Performing in upscale nightclubs and on concert stages, including Carnegie Hall at the height of his fame, he found humor in places where his borscht belt predecessors had never thought to look: ‘‘If you’ve never met a student from the University of Chicago, I’ll describe him to you. If you give him a glass of water, he says: ‘This is a glass of water. But is it a glass of water? And if it is a glass of water, why is it a glass of water?’ And eventually he dies of thirst.”
“Sometimes,” Mr. Berman told The New York Times in 1970, “I’m so oblique, even I don’t know what I’m talking about.”

(I’m going to have to start using “Were you very fond of that cat?” in conversation.)

Guess who’s coming to dinner?

Before you answer that: the dinner is actually a testimonial being put on by an association of retired NYPD detectives. There will be two honorees:
John Russo, “who investigated the murder of Karina Vetrano, who was killed while jogging in Howard Beach, Queens, last year.”

And the other one? Retired detective Louis Scarcella.

Mr. Hynes eventually helped to overturn the guilty verdict of David Ranta, partly blaming Mr. Scarcella for botching the murder case. When Mr. Thompson became the district attorney in 2014, he began a broad investigation — still ongoing — of what was ultimately more than 70 of Mr. Scarcella’s old cases. So far, prosecutors have reversed the convictions in eight of those cases, and judges have overturned another few, but the district attorney’s office has repeatedly maintained that Mr. Scarcella has not committed any punishable conduct or broken the law.

…

The event’s sponsor is aware that Mr. Scarcella is a polarizing figure. John Wilde, the retired detective who organized the evening, claimed he chose to honor the detective not in spite of the controversy, but because of it.
Mr. Scarcella did not prosecute the defendants who ended up in prison; he investigated and arrested them, Mr. Wilde said. Many people had a hand in the convictions that went wrong, but at least so far, Mr. Wilde added, only Mr. Scarcella has gotten any blame for the cases, and the ordeal has taken a toll.

Just as a reminder:

Detective Scarcella and his partner, Stephen Chmil, according to investigators and legal documents, broke rule after rule. They kept few written records, coached a witness and took Mr. Ranta’s confession under what a judge described as highly dubious circumstances. They allowed two dangerous criminals, an investigator said, to leave jail, smoke crack cocaine and visit with prostitutes in exchange for incriminating Mr. Ranta.

Posted in Cops, Law, Louis Scarcella, NYPD, Obits, TV | Comments Closed

This is intended to enrage you. (#8 in a series)

September 1st, 2017

I don’t post every “bad cop, no doughnut” incident here because I just don’t have time. There’s only 24 hours in the day, and I have to work to pay bills and sleep so I can go to work to pay bills and then there’s all that time I spend in the opium den. (Heroin is déclassé. The true gentleman smokes opium.)

But this one set my teeth on edge.

Utah cop wants to draw blood from a hospital patient who was badly injured in an accident. Patient is not under arrest, is not a suspect (his truck was hit head-on by a fleeing suspect who died in the crash), police officer has no warrant, and patient is unconscious so he can’t provide consent.

Nurse says, “I’m sorry, but you can’t do that. It’s against hospital policy, and it’s against the law.”

Cop arrests nurse.

“So why don’t we just write a search warrant,” the officer wearing the body camera says to Payne.
“They don’t have PC,” Payne responds, using the abbreviation for probable cause, which police must have to get a warrant for search and seizure. He adds that he plans to arrest the nurse if she doesn’t allow him to draw blood. “I’ve never gone this far,” he says.

After the arrest:

Another officer arrives and tells her she should have allowed Payne to collect the samples he asked for. He says she obstructed justice and prevented Payne from doing his job.
“I’m also obligated to my patients,” she tells the officer. “It’s not up to me.”

This is one of those things I hear a lot in my CPA classes and on the Internet: “Even if you think the officer is wrong, go ahead and comply. You’re not going to win the argument in the field.” And I can kind of agree with that. Sometimes.

But there are cases like this one where you have to take a stand. Even if it means being handcuffed. Even if it means going to jail. Even if it means a beating. Maybe this is part of your oath as a health care professional. Or just simply a matter of taking a stand when somebody else can’t.

And it wasn’t just a matter of hospital policy conflicting with the law:

In Thursday’s news conference, Wubbels’s attorney Karra Porter said that Payne believed he was authorized to collect the blood under “implied consent,” according to the Tribune. But Porter said “implied consent” law changed in Utah a decade ago. And in 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal. Porter called Wubbels’s arrest unlawful.
“The law is well-established. And it’s not what we were hearing in the video,” she said. “I don’t know what was driving this situation.”

The officer in question is Detective Jeff Payne. Remember that name: Detective Jeff Payne.

Salt Lake police spokesman Sgt. Brandon Shearer told local media that Payne had been suspended from the department’s blood draw unit but remained on active duty. Shearer said Salt Lake City Police Chief Mike Brown had seen the video and called it “very alarming,” according to the Deseret News.

According to Reason:

Payne also said it was his watch commander, Lt. James Tracy, who told him to arrest Wubbels if she refused to draw blood.

Remember that name, too. Lt. James Tracy. (And Payne doesn’t get a pass because his watch commander said to do this: “I was just following orders” hasn’t flown since Nuremberg.)

Alex Wubbels, the nurse, is actually taking a more moderate position than I would.

For now, Wubbels is not taking any legal action against police. But she’s not ruling it out.
“I want to see people do the right thing first and I want to see this be a civil discourse,” she said Thursday, according to the Deseret News. “If that’s not something that’s going to happen and there is refusal to acknowledge the need for growth and the need for re-education, then we will likely be forced to take that type of step. But people need to know that this is out there.”

I hope she does sue. I hope she sues the department and Lt. James Tracy and Detective Jeff Payne in their individual capacities. I hope Lt. James Tracy and Detective Jeff Payne are stripped of their qualified immunity. I hope they are bankrupted and fired from the Salt Lake City police force. I would like to see them criminally prosecuted and stripped of their law enforcement licenses, though I’m not sure what charges could be brought against them. (Federal civil rights violations?)

Posted in Cops, Law, Rage, Sarcasm | 3 Comments »

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