Notes from the legal blotter.

March 19th, 2019

Mildly interesting, though the Statesman is short on details (perhaps because law enforcement is not giving those out):

State officials cancelled liquor permits for Club Casino, 5500 South Congress Ave., and Zota’s Night Club, 4700 Burleson Road, on March 8., TABC officials said.

The bars were shut down “after a months-long investigation into human trafficking, narcotics and drink solicitation” involving both TABC and the Travis County Sheriff’s Office.

More interesting: APD fired officers Donald Petraitis and Robert Pfaff yesterday.

Why? February of last year, the two officers arrested a man named Quentin Perkins:

Petraitis and Pfaff filed reports that said Perkins had tried to walk away from them and glanced back as if he were planning to run. However, video footage from the incident presented during the officers’ trial showed that Pfaff used a stun gun on Perkins despite Perkins being on his knees with his hands raised.
Parts of the officers’ reports are “simply not true,” Police Chief Brian Manley wrote in their disciplinary memos, which were released Monday.

Manley also accused Pfaff and Petraitis of coordinating a false story.
“I find it improbable that both officers came up with a similar version of events, which included things that did not happen … as well as not recalling what actually did happen. … I have serious concerns that Officer Pfaff and Petraitis got their stories straight before they spoke with (a supervisor) and prepared their reports and the probable cause affidavit,” he wrote.

The disciplinary memos also say a police academy supervisor told the Austin police internal affairs unit that the stun gun use under these circumstances was unreasonable.

Even more interesting: the two officers were charged criminally as a result of this incident…and were acquitted of all the charges. Which is an additional illustration of something they tell the students in our Citizen’s Police Academy classes: you can do everything within the bounds of the law…and still get fired for violating APD policy, if that’s the way the chief wants to go. (And if you actually violated policy. I’m not sure if I’m allowed to tell the Taser story.)

Edited to add: I was going to include a link to the chief’s memo, but the city of Austin has reorganized the website and made the disciplinary memos extremely hard to find. DuckDuckGo to the rescue, but: the most recent one posted is from January 10th.

Edited to add 2: How bad does a jail have to be before even the people who run it quit? This bad.

In addition to the carbon monoxide issue, Barnett cited exposed electrical wiring, mold, bad plumbing, and an instance where a snake fell on an inmate’s head.

Obit watch: March 19, 2019.

March 19th, 2019

Reason has a nice obit up for Dick Dale.

“…We’re like Johnny Appleseed, crossing the country and sowing the seeds of survival.”

Johnny Thompson, aka “The Great Tomsoni”,

…a pompous caricature of a magician. His act, full of deadpan humor and often performed with his wife, Pamela Hayes, as his indifferent assistant, left spectators laughing so much that they might not have fully appreciated that they were also seeing expertly executed tricks.

He was more than a magician, though: he was a consultant and advisor to other magicians (including Penn and Teller, who he worked extensively with) and an expert magic historian.

“Johnny had a profound way of taking an idea and creating an illusion that worked,” he said by email. “When I called him and asked, ‘How do I make a guarded car vanish from inside of a dealership?,’ without missing a beat he said, ‘We don’t, we vanish it from a tent outside, just like the vanishing elephant illusion,’ ” a reference to a classic trick performed by Houdini and others.
Mr. Jillette said that this knowledge of history had also come into play in a less visible role that Mr. Thompson filled: that of informal mediator when one magician thought another might be stealing material.
“If two people felt they were doing material that was too close, Johnny knew the provenance of everything,” Mr. Jillette said. “He could adjudicate that.”

You should read all the way to the end of this obit: there’s a story involving Mr. Jillette that I won’t spoil for you here.

Obit watch: March 18, 2019.

March 18th, 2019

Dick Dale. Guitar World.

I missed the surf guitar era – I was too young. But Mr. Dale was an interesting guy: one of the other online obits I’ve seen (and can’t find now) states he practiced martial arts for 30 years. Not only that, but he used his martial arts practice as a tool to deal with the pain he suffered from multiple chronic illnesses.

How about a musical interlude?

Something you don’t see every day.

March 18th, 2019

Raw live feed from Houston’s KHOU of a tank farm fire in Deer Park, Texas.

Multiple storage tanks containing naphtha and xylene are involved. The fire’s been burning since yesterday.

(Hattip: Lawrence.)

Bibilohoplophilia.

March 17th, 2019

Or is it hoplobibilophilia? What do you call it when you have a fondness for gun books?

Whatever it is, I have the fever. And the only cure is…more cowbell, er, buying more books. Now it’s your turn to suffer for my -phila.

Seriously, I’ve picked up a couple of books lately that I want to endorse and document Lawrence style. (Please do not confuse “Lawrence style” with “Gangnam style“.) Half-Price Books has been having another coupon sale, but the first two books here I actually ordered new from the publishers.

Read the rest of this entry »

Obit watch: March 17, 2019.

March 17th, 2019

Johnny “Lam” Jones, former UT football player and track star.

In his freshman year he ran in the same backfield as another Johnny Jones. To distinguish the two, Coach Darrell Royal gave one the nickname Lam, for Jones’s hometown, and the other the nickname Ham, because that Jones came from Hamlin, Tex.

He was an Olympic gold medalist in 1976 and a star football player for UT, but did not have an entirely successful pro career.

W. S. Merwin, noted poet. While I like me some poetry, and have heard of Merwin, I confess to not knowing his work very well. But:

In later years Mr. Merwin was equally known for his work as a conservationist — in particular for his painstaking restoration of depleted flora, including hundreds of species of palm, on the remote former pineapple plantation in Hawaii where he made his home. He had lived there, in blissful near-solitude, since the 1970s, refusing to answer the telephone.

Anyone who’s a fellow member of the Alexander Graham Bell Was a Meddling SOB Society is okay in my book.

I shouted out “Who killed the Kennedys?”

March 16th, 2019

Billy Kennedy out as head coach of Texas A&M men’s basketball.

151-116 over eight seasons, two Sweet 16 appearances, but 14-18 this season.

Edited to add: with a rebel yell, he cried more more more.

Marvin Menzies out at University of Nevada-Las Vegas. Three years, 17-14 this season, 48-48 overall.

Mike Dunleavy Sr. out at Tulane (Green Wave!).

Dunleavy’s .258 winning percentage (24-69) is the second-poorest among all coaches in school history. The only coach with a poorer winning percentage is Ted Lendhardt, whose 1963-64 team lost the first 22 games before beating LSU in the final game for a 1-22 record (.043).

They were 4-27 this year, lost their last 21 games in a row and went 0-18 in conference.

NZ.

March 15th, 2019

I feel a moral obligation to say something about the New Zealand massacre.

Problem is, I don’t have anything to say right now that won’t make me feel like I’m waving the bloody shirt around. (The NYT coverage has some interesting points that I may come back to in a day or two.)

So this is perhaps worth spreading around.

I heartily endorse this event or product. (#16 in a series)

March 14th, 2019

Great and good friend of the blog Karl Rehn (official trainer to WCD) has a new book out, co-written with John Daub.

Strategies and Standards for Defensive Handgun Training is available in paperback and Kindle form. Quoting Amazon’s summary:

What percentage of carry permit holders attend training beyond the state minimum? What are the barriers keeping people from attending firearms training that isn’t mandatory? What are realistic standards for minimum defensive handgun competency? What are the best drills to practice? How can you compare the difficulty level of one drill to another? Written by two trainers with decades of experience, this book explores those questions and others related to defensive pistol training.

I haven’t read (or ordered) this book yet. But as you know, Bob, I’ve known Karl for a while and taken classes from him, so I don’t have any qualms endorsing this. I plan to order my copy soon, and will report back once I’ve read it.

Besides, if you can’t pimp your friend’s products, whose products can you pimp?

Florida Mayor, Florida Mayor…

March 14th, 2019

I missed out on the first and second parts of this story when they ran originally, but I got tipped off to part three by way of Peter Bonilla on the twitters.

So, part one: a few weeks ago, the police went to serve a warrant on the mayor of Port Richey, Florida. Dale Massad was charged with practicing medicine without a license.

The Florida Department Law Enforcement says the Port Richey Mayor was treating people at his home even though he lost his medical license in 1992.

In December of 2017, Massad removed a fish hook from a “patient” who returned to him in April of 2018 to get a shot of cortizone, according to the arrest affidavit obtained by ABC Action News. On August 24, 2018, another “patient” came to Massad for a “surgical procedure” to close a laceration on his left ankle. During that procedure, Massad administered a local anesthetic and gave the “patient” stitches.

Apparently, they sent a SWAT team to arrest the mayor for practicing medicine without a license. That seems a little excessive to me, but it leads us to part two of the story:

The mayor shot at the SWAT team, and has been charged with attempted murder.

But wait! The story gets even better!

So with the mayor in jail and facing attempted murder charges, someone has to fill in, right?

The acting Port Richey mayor is out of jail after being arrested by FDLE agents on obstruction charges Wednesday.
Agents received information that 64-year-old Terrence Rowe, the vice-mayor of Port Richey, was conspiring to interfere with an active criminal investigation.

And what active criminal investigation was he conspiring to interfere with? Go on, guess.

An arrest report says Massad contacted Rowe earlier this month on a recorded jail phone line. During the call, deputies say Massad told Rowe, “I believe (Officer) Howard was hired illegally, fired legally and re-hired illegally.”
According to the arrest report, Massad then added “I don’t know why but he is in on everything,” referring to his arrest.
Deputies say Rowe replied that he was “on it” and Massad told him, “anything you can do is good.” Rowe then said, “You know this doesn’t go down without somebody answering for it,” the arrest report says.

By the way, Massad (who is still in jail on the attempted murder charge) is also now charged with conspiracy to obstruct justice and “use of a two-way communication device to facilitate the commission of a crime”.

Port Richey city councilman Richard Bloom tells News Channel 8 he is “shocked and confused” by the news of his colleague’s arrest, adding he “doesn’t understand all this.”

You’re not the only one, brother.

Happy Pi Day!

March 14th, 2019

Yes, there is pie: a bunch for work, and a bunch more to take down to the CPA class tonight.

Obit watch: March 14, 2019.

March 14th, 2019

This literally just in, hot off the virtual press: Birch Bayh, former Senator from Indiana. Possibly more later.

Going out to great and good friend of the blog Borepatch: Hal Blaine, noted session drummer.

Mr. Blaine was part of a loosely affiliated group of session musicians who in the early 1960s began dominating rock ’n’ roll recording in Los Angeles. Along with guitarists like Glen Campbell and Tommy Tedesco, bassists like Carol Kaye and Joe Osborn, and keyboardists like Leon Russell and Don Randi, Mr. Blaine played on thousands of recordings through the mid-1970s.
He famously said he gave the group its name, the Wrecking Crew, although Ms. Kaye has insisted that he did not start using that term until years after the musicians had stopped working together.

He substituted for Dennis Wilson on many of the Beach Boys studio recordings:

Asked if Mr. Wilson was angry that he was replaced in the studio, Mr. Blaine said he was not.
“He was thrilled,” he said, “because while I was making Beach Boy records, he was out surfing or riding his motorcycle. During the day, when I was making $35 or $40, that night he was making $35,000” performing live.
Mr. Blaine’s other studio credits include Presley’s “Can’t Help Falling in Love,” Simon & Garfunkel’s “Mrs. Robinson,” the 5th Dimension’s “Aquarius/Let the Sunshine In,” the Byrds’ “Mr. Tambourine Man,” Ms. Streisand’s “The Way We Were,” the Crystals’ “Da Doo Ron Ron” and Herb Alpert and the Tijuana Brass’s “A Taste of Honey.”

The NYT has an interesting way of presenting the obit for former UT president Bill Powers:

Francesco Cali passed away last night. He was shot six time outside his home, and (according to one report Lawrence sent me) run over by a pickup truck.

Mr. Cali was the current reputed boss of the Gambino family, John Gotti’s old outfit.

The assassination of Mr. Cali came on the same day that Joseph Cammarano Jr., the reputed acting boss of the Bonanno crime family, was acquitted at trial, and about a week after Carmine J. Persico, a longtime boss of the Colombo crime family, died in prison at age 85.

NYT on the Cammarano acquittal. Previously on Carmine “The Snake” Persico.

Edda Goering, Herman’s daughter, passed away. She was 80.

Does this count as a tax-fattened hyena watch?

March 12th, 2019

Lawrence is all over the Felicity Huffman/Lori Loughlin bribery case, which apparently also involves a UT tennis coach. Additional coverage from ESPN. NYT coverage.

The story is developing, I don’t have as much time as I’d like to keep on top of it, and I don’t want to tread on Lawrence’s turf (although it doesn’t look like anyone was taking bribes to admit giant spiders to Yale. Yet.), so I’d recommend keeping an eye on the three sites above for updates.

Obit watch: March 12, 2019.

March 12th, 2019

Kelly Catlin passed away last week.

You probably were not familiar with her: she was part of the women’s pursuit cycling team that won the silver medal at the 2016 Rio Olympics.

She was 23 years old.

Catlin’s father, Mark Catlin, broke the news in a letter sent to VeloNews Sunday morning. Mark Catlin said that Kelly had died Friday around 12 a.m. at her residence in California. Mark Catlin said that Kelly died by suicide.
“There isn’t a minute that goes by that we don’t think of her and think of the wonderful life she could have lived,” Mark Catlin wrote. “There isn’t a second in which we wouldn’t freely give our lives in exchange for hers. The hurt is unbelievable.”

The number for the National Suicide Prevention Lifeline is 1-800-273-TALK (8255). If you live outside of the United States or are looking for other help, TVTropes has a surprisingly good page of additional resources.

We often hear from those who have attempted suicide but survived that they believed the world would be better off without them. While sharing suicide-prevention hotline numbers can help a great deal, sharing the perspectives and grief of those left behind can as well. Because those still in this world but contemplating an exit must know that their feelings of self-worthlessness are not shared by those who love them.
If someone is contemplating suicide, they should know the utter devastation that will be left in their wake. While those who have died may have thought the world a better place without them, we survivors are living witness to the fact that it is not, that our worlds will not ever be whole without them in it.

Edited to add: sometimes there’s just nothing else you can say.

Obit watch: March 11, 2019.

March 11th, 2019

Bill Powers, former University of Texas president.

Powers was the second-longest-serving president in UT history, holding the post for more than nine years until he stepped down in June 2015 to return to the Law School, where he previously was dean. Under his watch as president, UT overhauled the undergraduate curriculum; completed an eight-year fundraising campaign that netted $3.1 billion; launched the ESPN-owned Longhorn Network in a deal giving the campus $300 million over 20 years; and collaborated with local, state and UT System leaders to establish the Dell Medical School.

Quoting Lawrence:

Powers is probably most famous to BattleSwarm readers for his central role in the UT admissions scandal, in which well-connected students were admitted to the University of Texas despite not having the necessary grade averages or test scores. Powers eventually resigned over the scandal.
The UT admissions scandal was not only real, but several of the state’s most powerful politicians (including then-speaker Joe Straus) and media outlets conspired to bury the story.

I will leave it as an exercise for the reader to see how the Statesman addressed this in their obituary. Hint: you will need a (metaphorical) shovel.

Sidney Sheinberg, film executive best known as an early and influential supporter of Steven Spielberg.

Just being a celebrity’s kid doesn’t automatically get you an obit watch. But if the child had an interesting life outside of, or in relation to, their famous parent: absolutely, I’ll mention it here.

In that vein: Julia Ruth Stevens, Babe Ruth’s daughter. She was 102. Ruth adopted her when he married Claire Hodgson, his second wife. (He had a daughter, Dorothy, from his first marriage to Helen Woodford. Ms. Woodford died in a house fire in 1929: Ruth married Ms. Hodgson in 1930, she adopted Dorothy, and the family lived together.)

Claire Hodgson Ruth died in 1976 and Mrs. [Dorothy Ruth – DB] Pirone died in 1989. Mrs. Stevens ultimately became the spokeswoman for the Ruth family.
She was at Yankee Stadium in May 1998 for the unveiling of a postage stamp portraying Ruth admiring one of his home run drives. That August, she threw out the first pitch at a Red Sox game in Fenway Park at ceremonies marking the 50th anniversary of Ruth’s death.
She was at Fenway Park in October 1999 to toss the first pitch before the decisive Game 5 of the American League Championship Series. Having lived for many years in Conway, N.H., she had become a Red Sox fan.
“I went to see the Red Sox beat the Yankees tonight,” she said.

When the Yankees played their last game at the old Stadium, the House That Ruth Built, in September 2008, she threw out the first pitch. And she threw out the first ball at a Red Sox game at Fenway Park on July 10, 2016, to mark her 100th birthday three days earlier.

Freeda Foreman, one of George Foreman’s daughters, passed away over the weekend. She was 42, and had a 5-1 record as a professional boxer.

Edited to add: prompted by the exchange with Lawrence below, here’s a little lagniappe for you.