You’re going down in flames, you tax-fattened hyena! (#38 in a series)

April 11th, 2017

This broke kind of late in the day yesterday. I’m a little behind because of that, and because I was distracted by the situation I alluded to in a previous post. (They’re still doing well, but still in the hospital being observed. Thanks for asking.) Also, Alabama isn’t part of my usual beat, though I was sort of vaguely aware the governor was embroiled in a controversy.

He resigned yesterday.

Even better:

Before making his resignation speech in the Capitol, Bentley pleaded guilty to two misdemeanor violations of the campaign finance law under a deal with the attorney general’s office. He agreed not to seek public office again. He will serve one year’s probation, perform 100 hours of community service, repay $8,912 he used from his campaign account to pay legal fees for former advisor Rebekah Mason and forfeit the remaining $36,912 in his campaign account to the state treasury.

The NYT also has a summary of events. The whole thing seems to have started with former advisor Mason, who was also having an affair with Governor Bentley. Which, you know, consenting adults, their thing, not my place to pass judgement and all that. But former Governor Bentley apparently decided it was a good idea to use his office and state resources to try to cover up the affair, and to intimidate people who knew about it. Funny thing is, that didn’t work out too well for him: there are supposedly copies of text messages and recordings of phone calls between the two circulating on the Internet. (I haven’t gone looking for those. While I take pleasure in the downfall of a tax-fattened hyena, even I have my limits.)

When will people learn: the cover-up is almost always worse than what’s being covered up?

The Bureau of Alcohol, Tobacco, Firearms, Explosives, and NASCAR.

April 11th, 2017

Remember BATFE’s secret slush fund?

Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives used a secret, off-the-books bank account to rent a $21,000 suite at a Nascar race, take a trip to Las Vegas and donate money to the school of one of the agent’s children, according to records and interviews.

I could see maybe, possibly, someone making an argument that the NASCAR suite and Vegas trip were for legitimate investigative purposes. I wouldn’t buy that without a lot of supporting documentation, but I can see someone thinking that.

Giving money to “the school of one of the agent’s children”, though? I think someone’s going to prison over this.

(Speaking of going to prison, flaming hyenas watch to come.)

(Also, I think I need a BATFE tag. Should it be a subset of “Guns” or “Law’?)

April, come she will.

April 9th, 2017

I intended to throw this up yesterday, but got overtaken by events. A close family member had to go to the hospital and ended up being admitted. (They’re doing fine now, thank you for asking, but I expect they will be in for a couple more days at least.)

Anyway, with slightly less than a week’s advance notice: April 15th is National Buy a Gun Day. And while the pressure might be off for the moment, why not go out and buy a gun to celebrate (or commiserate) over recent events?

Even better, BAG Day falls on a Saturday this year, to make your BAG shopping just that much easier.

“Are you celebrating this year?” Yes, I am. This year, I actually had something I wanted as a combined BAG/birthday present for myself, and planned to pick it up on BAG Day. However, while I was checking GunBroker, I found a pretty good deal on the item in question, put in a bid…and, shockingly, won. (I believe this is actually the first contested GB auction I’ve won, as opposed to “buy it now” deals.) I’m hoping it gets to my FFL before Saturday; the weekend promises to be busy, so it might be the Monday or Tuesday after BAG Day before I can throw up pictures. I will give a hint, though: I am indulging my inner Jeff Cooper fanboy.

If you can’t buy guns, buy ammo. If you don’t want to do either, well, you might throw a few bucks in the direction of the blogger McThag. He recently went through a difficult personal legal entanglement which could have cost him his right to keep and bear arms. Fortunately, he’s free and clear of that now (the whole story is on his blog) but he’s somewhat in the hole for legal expenses and could use a hand from those so inclined.

As always, I would not ask you to donate if I hadn’t already done so.

(Hattip to the great and good Erin Palette for first making me aware of this.)

Obit watch: April 7, 2017.

April 7th, 2017

Don Rickles: NYT. LAT. AV Club.

Joe Harris passed away on March 26th, though the NYT didn’t get around to reporting it until a week later. Mr. Harris was a commercial illustrator who is credited with creating the original Trix rabbit. Later on, he joined Total TeleVison, a company that produced Saturday morning cartoons. There he created Underdog.

Yeah, the animation may not have been great, but it did have one of the best cartoon theme songs ever.

Question for the huddled, wretched masses yearning to breathe free: what are some of the other great cartoon theme songs? Off the top of my head, I love the themes for “SuperChicken” and “George of the Jungle” (I have been known to quote the “SuperChicken” theme at work.) Oddly enough, I also have fond memories of the “Hong Kong Phooey” theme (and when are we going to get a live action “Hong Kong Phooey” movie?). Am I just a sucker for good theme songs wrapped around bad animation?

Obit watch: April 6, 2017.

April 6th, 2017

I’m seeing reports from reliable sources (and CNN) that Don Rickles has passed away, though I’m not seeing anything link-worthy.

If I get a chance, I’ll update later today: otherwise, it may be tomorrow before I’m able to throw up a good round-up.

Administrative note.

April 6th, 2017

My birthday is coming up soon. As always, I do not expect any of my loyal readers to get me presents.

However, if someone felt inclined: please do not buy this book for me. Thank you.

(Seriously. I have nothing against Jesse Sublett: he seems like a pretty cool guy. But I don’t care much for the food at either Threadgill’s location. And one of the worst aspects of Austin culture is the incessant nostalgia: or, as Lawrence likes to put it, “the burned-out old hippies who constantly talk about how they went to the Armadillo, dropped acid, and saw Shiva’s Headband.” Said it before, I’ll say it again: if the Austin Chronicle and other people had their way, this town would be a 1970s music theme park.)

Obit watch: April 5, 2017.

April 5th, 2017

Radley Metzger, film director. (“The Opening of Misty Beethoven”, “Camille 2000″)

I realize this is a little obscure, even by my standards. But I’d actually heard of Radley Metzger by way of Roger Ebert’s memorable review of “Camille 2000″. (I believe this is reprinted in I Hated, Hated, Hated This Movie, a book every film buff should have.)

So that made 85 times he had seen “The Treasure of the Sierra Madre.” Eighteen times to go. I wonder if he was the guy who sat behind me the last time I saw it at the Clark. He was reciting the dialog under his breath and when the usher protested, he flashed a card with the name Fred C. Dobbs on it.

The things we do for love.

April 4th, 2017

“Between approximately 2015 and 2016, while I was working at the Kings County District Attorney’s office here in Brooklyn, I intentionally forged court orders that allowed me to wiretap cellphones for two different people,” Ms. Lenich said at a brief plea hearing Monday in Federal District Court in Brooklyn. She added that she knew this conduct was illegal and, breaking down into muffled sobs, said that she was sorry for her actions.

Yes, you did read that correctly: she worked for the DA. Specifically, she was a prosecutor. “…Ms. Lenich was a rising star who specialized in using secret surveillance to take down violent street gangs and drug organizations.”

She also apparently had a complicated personal life. Which would be her business under ordinary circumstances, but…

According to the indictment, she also gave false grand jury subpoenas to the phone providers of her targets (who have not been publicly named) to determine whom they had been calling. At her hearing, Ms. Lenich admitted to using a computer to monitor the phones. She covered her tracks, the indictment said, by lying to fellow prosecutors in the unit she helped to run, telling them she was conducting her own confidential investigation and was the only person who could have access to the wiretaps.

The thrill of victory…

April 4th, 2017

…and the agony of defeat.

It was a nice run, though. Maybe next year.

(And yes, I owe Lawrence $5.)

Obit watch: March 31, 2017.

March 31st, 2017

Donald Harvey is burning in Hell.

Mr. Harvey, among the most prolific mass murderers in United States history, confessed to killing 37 people, mostly hospital patients, over two decades in Ohio and Kentucky.

Mr, Harvey was, according to reports, attacked and killed by another prisoner.

Mr. Harvey killed most of his victims by poisoning them with substances like cyanide, rat poison, petroleum distillate or arsenic, which he often mixed into beverages or foods like freshly baked pie.
Others were suffocated in their hospital beds, either with their pillows or by oxygen tanks that he refused to refill.

“I felt what I was doing was right,” he told reporters in 1987. “I was putting people out of their misery. I hope if I’m ever sick and full of tubes or on a respirator, someone will come and end it.”

Obit watch: March 30, 2017.

March 30th, 2017

William Powell apparently passed away July 31st of last year. However,

It was not until last week that his death became more widely known, with the theatrical release of “American Anarchist,” a documentary about Mr. Powell. His death was noted in the closing credits.

He was 66, and died of a heart attack.

Mr. Powell was most famous as the author of The Anarchist Cookbook .

Mr. Powell never revised the book or wrote a sequel, but his original stayed in print, through Lyle Stuart and its successor company, Barricade Books, and most recently by Delta Press. Eventually, he renounced the book. In 2000, he posted a statement to that effect on Amazon.com. And later, in 2013, he expressed his regret in an article he wrote for The Guardian.

Bagatelle (#4).

March 29th, 2017

If you told me I could only take one Talking Heads album to the desert island with me…it would be Stop Making Sense.

If, however, you said that it had to be a studio album, Remain In Light would be a good choice.

The thing that sort of surprises me is: he was able to hit 92 on MoPac. Then again, I can’t really tell what time of day it was, and traffic does thin out a little around the Braker Lane exit…

Apropos of nothing in particular, this post from Tam, in particular the last paragraph.

Bagatelle (#3).

March 28th, 2017

As seen in the Statesman:

5 things to know if you think you’re being pulled over by a fake cop

Annals of law (#12 in a series)

March 23rd, 2017

Section 29.03 of the Texas Penal Code defines “aggravated robbery”:

Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

Seems mostly clear, right? Except: what constitutes “a deadly weapon”?

Is “a pellet gun” a deadly weapon?

Dustin Clark and two other men are suspected in a string of convenience store robberies in Travis County. They were stopped by the Lakeway PD in December of 2015, shortly after allegedly robbing a store in Spicewood, holding “pellet guns” to the clerk’s head, and threatening to kill him. The police found the pellet guns, money, ski masks, other identifying clothing, and a pack of Starburst allegedly stolen by Clark in the car. (The police also found “two deer rifles” in the trunk. I have seen contradictory reports about whether these were airsoft guns or real rifles. However, the “deer rifles” were not used in the robbery, and were not part of the criminal case as best as I can tell.)

Mr. Clark went on trial this week. There seems to have been little doubt about his guilt: his own attorney conceded that it was his client on the surveillance video from the store. The main legal issue was is it plain old robbery, or aggravated robbery?

The pellet guns were found unloaded and not carrying a C02 cartridge that would have made them operable.

Mr. Clark was offered a plea deal of 40 years before trial. The maximum for plain old robbery is 20 years, and 99 years for aggravated robbery. I don’t know enough about Mr. Clark’s background to be able to estimate what the likely sentences would have been.

Mr. Clark turned down the 40-year deal and chose to go to trial. His attorney moved to include robbery as a lesser charge for the jury to to consider, but the Travis County DA successfully fought that motion. So the only charge the jury was allowed to consider against Mr. Clark was aggravated robbery.

And they acquitted him.

But the jury could consider only one charge — aggravated robbery — and after more than six hours of discussion they finally united and ruled that the pellet guns the men used to scare two employees are not deadly weapons. Therefore, several of them told the American-Statesman, they had to acquit Clark. About half of the 12-person jury granted an interview request saying they wish they had the option to convict Clark of the lesser charge.
They said there was no proof the guns contained pellets or the CO2 cartridges that power them at the time of the robbery.

I personally wonder how the clerk was supposed to know that. I’d also really like to see photos of the pellet guns. And I wonder what else this means, legally? Not that I would, but if take the firing pin and cartridges out of a Smith and go hold up a Stop’N’Rob, is it just robbery? The gun can’t fire, right? So it’s not a deadly weapon, at least if I understand the logic here correctly.

[Travis County Assistant DA Amy] Meredith added she still believes aggravated robbery “was the appropriate charge.” State district Judge David Crain denied the defense’s motion to include the robbery charge after taking a break in chambers to research the law. Prosecutors had made Crain aware of a ruling from a case 11 years ago in which pellet guns had been found to be deadly.

I don’t feel too bad for ADA Meredith. Even though she didn’t get a conviction in this case, she did make an interesting legal point. I don’t think this rises to the level of precedent because Judge Crain’s ruling hasn’t been reviewed by a higher court, but perhaps this is something the Texas legislature could offer some additional guidance on. Also, Mr. Clark is still facing charges in six other robberies, so it isn’t like the TCDA whiffed on their only chance to convict him.

I thought about blogging this when the first story appeared Tuesday, but didn’t get to it (this is a busy week). But RoadRich emailed the print version of the story yesterday, which led to a lively discussion between him, myself, Mike the Musicologist, and Lawrence.

MtM observed that he recalls one of the northern states changing the law some years back so that if you brandish a fake weapon with the intent of making your victims think it is real, you get treated like it was real. Spray paint the end of that airsoft gun black and use it to hold up a liquor store? Big boy rules apply.

I think both MtM and I are on the same side of the divide when it comes to the increased tendency to criminalize everything and sweep up more people in the web. But I also think we’re both in agreement that this is the kind of “play stupid games, win stupid prizes” law that we could get behind.

(On a related side note, I’m halfway tempted to start a podcast with the four of us sitting around eating dinner and talking about legal issues. I even have a name for it: “I’m Not A Lawyer, But…”. I figure it should be easy to get sponsorship from SquareSpace, at least. If it proves popular enough, I might even offer to fly Ken and/or Patrick in as special guests for barbecue. That is, if their heads haven’t already exploded. Episode 1 is going to called “Rule of Parties be damned”.)

You’re going down in flames, you tax-fattened hyena! (#37 in a series)

March 22nd, 2017

The district attorney of Philadelphia, Seth Williams, was indicted yesterday.

A 50-page, 23-count indictment accused Mr. Williams of accepting lavish gifts — including trips to a Dominican resort, Burberry accessories, checks for thousands of dollars and a custom sofa worth $3,212 — from businessmen for whom he was willing to do favors. The indictment also accused Mr. Williams of diverting money from a relative’s pension and Social Security for his personal use.

Philly.com reports that relative was his mother.

He also gave Williams his old 1997 Jaguar XK8 convertible worth $4,160, the indictment says.

No wonder Williams was “cash-strapped”. What do you think the repair bills are on a 20-year-old Jaguar?

He has complained of his inability to pay alimony stemming from a 2011 divorce and private-school tuition for his daughters, despite his salary of $175,572 a year.
In January, the Philadelphia Board of Ethics assessed the largest fine in its 10-year history for Williams’ failure to report for years more than $175,000 in gifts he had accepted including a new roof, luxury vacations, Eagles sidelines passes, and use of a defense attorney’s home in Florida.

I don’t see any evidence of hookers or blow yet. However, Philly.com does mention that hr was known to hang out in cigar bars; that seems to have replaced call girls and Bolivian marching powder in the affections of many corrupt politicians these days. I really ought to start keeping a tally.