Obit watch: September 30, 2024.

September 30th, 2024

Kris Kristofferson. THR.

He was a good Texas boy who did some acting in addition to his music career. There’s plenty of press coverage around this, but a few credits that aren’t covered in the articles: “Lone Star”, “Millennium”, “Bring Me the Head of Alfredo Garcia”, “Heaven’s Gate”, and let us not forget…

(I know both Lawrence and I have said this before, but “Passion & Poetry: Sam’s Trucker Movie”, which is on the blu-ray edition of “Convoy”, has a lot of Kristofferson in it. And I think it is almost more interesting than the movie itself.)

Dikembe Mutombo, Hall of Fame NBA player. ESPN.

I kind of disliked that commercial because I felt it made him look like a jerk (yes, I know it was playing off his signature move). But:

Mutombo often joked about how much in fines his showmanship had cost him under the league’s no-taunting rule. But four years into retirement he received ample payback, starring in an acclaimed Geico commercial created for the 2013 Super Bowl. In that 30-second spot, in full uniform, he wagged his famous finger at people in various everyday activities.
He told The Atlanta Journal-Constitution that the commercial had reestablished recognition “for me and for my foundation. I thank God for it.”

Mutombo’s mother, Biamba Marie, died at home in 1998 after having a stroke; he had been unable to get hospital care for her due to a government-enforced curfew. That year, he invited business and political insiders to a dinner in Washington to announce a fund-raising campaign for a hospital in Kinshasa to provide treatment for the poor. Over the next several years, he struggled to raise money, even from people within the N.B.A., two notable exceptions being Ewing and Mourning.
“I thought it would be easy, that I would call up all the rich people I knew from being a basketball player and the whole thing would take nine months,” he told The New York Times weeks before the 300-bed hospital, named for his mother, opened in September 2006, on land donated by the government. He said that he had to pay squatters to vacate the property and that he had donated roughly $15 million to the project.
“This is going to be the proudest day of my life,” he said during the ceremonial opening.

John Ashton, actor. Other credits include “EastEnders”, “Hardcastle and McCormick”, “Police Squad!” (In color), and “Columbo”.

Your MLB loser update.

September 29th, 2024

The NFL loser update won’t post until Tuesday. (0-3 Tennessee plays the early Monday night game.)

But the MLB season mostly wrapped up today.

How did the White Sox do?

Shockingly well down the stretch. They swept the LA Angels Tuesday-Thursday of last week, and won two out of three against the Detroit Tigers (who ESPN had as heavy favorites for all three games). Where was this team earlier in the season?

But they did manage to drop one to Detroit, and you know what that means…

…their final record was 41-121, breaking the mark set by the 1962 Mets, and making them arguably the worst team in the modern (1901 and later) era of baseball.

“arguably”? Well, 121 losses in a season is a record. But 41-121 works out to a winning percentage of .253. That comes in fifth on Wikipedia’s list of worst MLB teams if you sort by percentage. Ahead of the Sox are:

  • The 1916 Philadelphia Athletics, .235 (36-117)
  • The 1935 Boston Braves, .248 (38-115)
  • The 1962 Mets, .250 (40-120)
  • The 1904 Washington Senators, .252 (38-113)

Since the 20th century, the number of games in a Major League Baseball season has remained relatively consistent, with each team playing between 150 and 162 games. From 1920-1960, each team in the American League and National League played 154 games a season. In 1961, each American League team played a 162-game schedule. In 1962, the National League teams also added eight games to the schedule. Each of the 30 MLB teams today continues to play a 162-game schedule.

So what’s the best way to determine the worst? Sheer number of losses, which puts the 2024 Sox at the top of the heap? Or does it make more sense to use winning percentage, which evens out the fluctuations cased by the variable number of games per season over the past 123 years, and by some games being cancelled and not made up? (If you notice, none of those numbers adds up to 154 or 162. I haven’t looked at the other records, but as I understand it, one of the 1962 Mets games was a tie, so it should be 40-120-1, and one was rained out and not made up.)

I don’t know. But I think in any case, the achievement of the 2024 White Sox is worth celebrating, even if they didn’t remove all doubt about who is really the worst. There’s always next year.

Fun with snack food!

September 29th, 2024

I could take this over to Lawrence’s, but I have two very good reasons not to.

One, Lawrence would tell me “Get this s–t out of my house.”

Two, I can post it here, where perhaps a handful of people who were on old school USENET will get a small chuckle (maybe) out of it. Heck, for all I know, he might even show up in the comments.

(“One of his better-known works is the typography for Philip K. Dick’s novel Gather Yourselves Together.”)

Obit watch: September 27, 2024.

September 27th, 2024

Dame Maggie Smith. THR. Tributes. Other credits include “Richard III” (1995), “Murder By Death”, “Death on the Nile” (1978), “The Best Exotic Marigold Hotel”, “The Second Best Exotic Marigold Hotel”, and voice work in “Sherlock Gnomes” and “Gnomeo & Juliet”.

Barbara Leigh-Hunt, actress. Other credits include “Oh Heavenly Dog”, “The Plague Dogs”, and “Longitude”.

Muriel Furrer, Swiss cyclist. She was 18. Her death was a result of head injuries she sustained in a crash yesterday during the UCI World Championships.

Frank Coppa died in October of 2023, but his death was not announced until recently.

In 2002, he was serving time for securities fraud when he was indicted on racketeering and extortion charges. Facing an even longer prison sentence, he notified the F.B.I. that he wanted to cooperate with the government.
It was the first time a Bonanno member had flipped, violating the mafia’s solemn oath of loyalty, Omertà.
Mr. Coppa’s decision to cooperate with federal prosecutors, knowingly putting his life at risk, led at least 10 other members to do the same and ultimately helped the government convict Joseph Massino, the Bonanno boss, of seven murder charges and immobilize his mafia family.

Mr. Coppa, known as Big Frank, spent two days on the witness stand describing a world seemingly drawn from a Mario Puzo novel, with characters nicknamed Bobby Wheelchairs, Sally Bagel, Gene the Hat, Patty from the Bronx and Little Nicky Eyeglasses.

Mr. Coppa also detailed his role in the death of Dominick Napolitano, a Bonanno member, known as Sony Black, who was executed in 1981 for unwittingly connecting the family with an undercover F. B.I agent, Joseph D. Pistone, who used the alias Donnie Brasco. Mr. Pistone later wrote a book about that experience and was played by Johnny Depp in “Donnie Brasco,” a 1997 film adaptation.
The night of Mr. Napolitano’s murder, Mr. Coppa testified, he had bought fried chicken for the hit men as they prepared for the execution, at a Bonanno member’s house in Queens.

Among law enforcement officials, Mr. Coppa was known as a clever wise guy. He made millions of dollars for himself and the Bonanno family in pump-and-dump schemes, boosting the value of penny stocks to quickly turn a profit. He also shook down underworld figures outside the Bonanno family who were engaging in securities fraud.
“He was one of the smartest mob guys you’re ever going to meet,” a former F.B.I. agent involved in the case said in an interview on the condition of anonymity so that he could speak about the investigation. “He understood how to engineer these financial frauds. He was at a completely different level when it came to most of these guys.”

Your tax-fattened hyena follow-up.

September 26th, 2024

I’ve been struggling all day to get time to myself to go through the coverage.

Right now, it looks like the charges against Mayor Adams involve…wait for it…yes, the Turks! I think I called that one.

The indictment, which was unsealed on Thursday morning, follows an investigation that started in 2021 and has focused at least in part on whether he conspired with the Turkish government to receive illegal foreign campaign contributions and whether he took official actions on its behalf.

Mr. Adams had “sought and accepted improper valuable benefits” since at least 2014, when he was Brooklyn borough president, according to the indictment.
The benefits included luxury travel — free and discounted Turkish Airlines tickets and free meals and hotel rooms — from wealthy foreigners and at least one Turkish government official, prosecutors said. He traveled on the airline even when it was inconvenient, they said, including a 2017 flight to France from New York that first stopped in Istanbul.

In exchange, prosecutors said, Mr. Adams pressured officials at the New York Fire Department to permit a new Turkish consulate building in Manhattan despite safety problems. A Fire Department official overseeing the safety assessment said he was told he would lose his job if he did not follow the order.

Gracie Mansion was raided early this morning. And the feds took Mayor Adams cell phone (phones?). Again.

Reports I’ve seen say he doesn’t have to resign, and he can’t be recalled by the electorate. The only person who has the authority to remove him is Governor Hochul, and she hasn’t shown any inclination to do so yet.

Here Are the Charges Eric Adams Faces, Annotated“. Yes, I’m burning a gift link for you, my loyal readers. But this is big.

Summary: Conspiracy to commit wire fraud, solicit foreign contributions and accept bribes (1x), wire fraud (1x),
solicitation of a contribution by a foreign national (2x), and bribery (1x). That link includes the actual indictment, both annotated by the paper of record and the original unannotated PDF.

“Eric Adams promised to be a mayor such as New Yorkers have never seen. Much about him remains head-scratching.” Well, I wouldn’t say “never seen”, but most New Yorkers today probably weren’t alive during the days of Tammany Hall and “honest graft“. (Yeah, okay, Tammany Hall didn’t officially dissolve until 1967, but my impression is that it had ceased to be an influential organization long before that.)

Bad boys, bad boys, what you gonna do…

September 26th, 2024

Both Lawrence and I have been intermittently covering the Harding Street Raid in Houston and the fallout from it. To briefly refresh your memory, the Houston Police Department killed two people in a drug raid that turned out to be based on a falsified search warrant.

Yesterday, Gerald Goines, the (now former) HPD officer at the center of the raid, was found guilty of two counts of felony murder.

More from Reason, which has also been on this case like flies on a severed cow’s head at a Damien Hirst installation. Reason notes that Goines was also convicted of tampering with a governmental record.

The jury is considering punishment. The maximum for felony murder is life in prison without the possibility of parole.

Goines’ lies in this case were part of what Harris County District Attorney Kim Ogg described as a “pattern of deceit” going back more than a decade. The Harding Street raid prompted Ogg’s office to re-examine some 1,400 drug cases involving Goines, a 34-year veteran who had a habit of framing suspects by inventing drug purchases. “The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines,” the Associated Press reports.
[Art] Acevedo, who initially hailed Goines as a “hero,” has insisted that the Harding Street raid did not reflect “a systemic problem with the Houston Police Department.” But Ogg saw things differently. “Houston Police narcotics officers falsified documentation about drug payments to confidential informants with the support of supervisors,” she said in July 2020. “Goines and others could never have preyed on our community the way they did without the participation of their supervisors; every check and balance in place to stop this type of behavior was circumvented.”

You’re going down in flames, you tax-fattened hyena! (#132 in a series)

September 25th, 2024

NYC Mayor Eric Adams indicted.

The indictment is sealed, and it is unclear what charge or charges Mr. Adams will face.

This is still developing. I expect much much more tomorrow morning.

(Hattip: Mike the Musicologist.)

Watching the hyenas…

September 25th, 2024

Yesterday was an interesting day for political hyenas, flaming or otherwise.

David Banks, the NYC schools chancellor. announced he’s resigning at the end of the year. This doesn’t seem to be linked to any specific allegations of corruption yet, but:

The announcement came just weeks after federal agents seized Mr. Banks’s phone as part of a bribery investigation involving his brothers and fiancée — and it promised to roil not just the nation’s largest school system but also a mayoral administration already reeling from at least four separate federal corruption inquiries.
The schools chancellor’s resignation is the fourth in less than two weeks among top officials in Mayor Eric Adams’s administration, following the resignations of the police commissioner and the city’s top lawyer and a statement from the health commissioner saying he would leave office at the end of the year.

This next one could almost be a “News of the Weird” entry:

Three members of the Liberty County Fire Marshal’s Office are out on bond following an investigation by the Texas Rangers where they have been accused of committing crimes on the job.

Fire marshals? What kind of crime could they commit on the job?

In this case, the three accused individuals responded to a crashed 18-wheeler. They are accused of siponing off diesel fuel from the truck’s tank into a “55-gallon drum in the bed of their hazmat vehicle.”

But wait, there’s more:

Additionally, the 18-wheeler carried frozen items, such as duck meat, high-end cheese, croissants, butter, and venison.
“After draining the saddle tank of the 18-wheeler, [deleted] and approximately three other members of his hazmat company proceeded to unload product from the trailer of the 18-wheeler and put it into their own vehicles to keep for personal use,” the affidavit states.

They’re also accused of stealing items from another truck crash. In addition, the indictment claims that the men were doing fire inspections, approving permits, and doing fire investigations without any licenses to do so. Also, one of the men is accused of using his fire marshal’s gear to gain “early access” to scenes for his non-profit “South Liberty County Hazardous Materials Team”.

In court records, he is also accused of using his position to convince towing services that they must pay his hazmat company a fee to operate in Liberty County.

The human resources department of the New Jersey State Police is now being run by the New Jersey Attorney General’s office.

Why? Well, turns out the NJSP has a habit of using disciplinary investigations as a weapon.

A separate review done by the attorney general’s Office of Public Integrity and Accountability highlighted two troubling episodes involving a retired lieutenant, Joseph Nitti, who had worked in the agency’s internal affairs unit.
After receiving an anonymous letter containing a complaint that a trooper had made a racist comment about a senior Black officer, Mr. Nitti “squandered police resources” trying to identify the tipster rather than investigating the accuracy of the concern, according to the attorney general’s office.
Mr. Nitti, who according to state treasury records retired last year with a $8,893 monthly pension, obtained typewriter samples and video from the area near a post office where the envelope had been mailed and evaluated fingerprints found on the letter. Against orders, he also submitted it for DNA testing. Then, at the lieutenant’s urging, the Black officer who had been the reported target of the racist comment was brought up on bogus internal affairs charges.

In another case, investigators found that Mr. Nitti had sent a text message to colleagues discussing the arrest of a trooper who had been charged with giving alcohol and having sexual contact with a 14-year-old girl on a school sports trip. “Can we at least see a pic of her. I’d like to see what all the hubbub is about,” he wrote, according to the attorney general’s office.

Finally, Stewart Rosenwasser died yesterday. Mr. Rosenwasser was a former judge and prosecutor in New York (I believe in Orange County). He was indicted on Monday for taking $63,000 in bribe money.

According to the 43-page indictment, Rosenwasser and millionaire businessman Mout’z Soudani conspired to build a case against Soudani’s sister and nephew and recoup the allegedly stolen cash.

The plot targeted Martin Soudani and his mother, Eman Soudani, who were allegedly involved in embezzling $1.6 million from Mout’z Soudani, a wealthy former restaurateur, the indictment said.
On March 8, 2023, Rosenwasser, as an Orange County assistant district attorney, charged Soudani’s kin with grand larceny for allegedly stealing the money from Mout’z Soudani and had arrest warrants issued.
When they appeared in court, defense lawyers asked that Rosenwasser recuse himself from prosecuting the case because he had represented Mout’z Soudani in the 1990s and that presented a conflict of interest.
Rosenwasser denied the claim and remained on the case.
But by June 2023 the DA’s office was getting wise and Rosewasser was replaced on the case, the indictment said.
By March 2024, the case against Soudani’s sister had been dropped and his nephew agreed to plead guilty to grand larceny in the embezzlement case in exchange for a prison sentence of one to seven years.
Martin Soudani and Eman Soudani later filed a $22.5 million lawsuit claiming the cases against them were tainted.

Mr. Rosewasser resigned earlier this year. The FBI was coming to arrest him yesterday on the charges in the indictment, and he allegedly decided to open fire on the agents. SWAT responded, and Mr. Rosewasser was found dead when the police entered his home. The FBI claims he committed suicide, but it isn’t clear to me if an official determination has been made yet.

Your NFL loser update: week 3, 2024.

September 24th, 2024

NFL teams that still have a chance to go 0-17:

Cincinnati
Jacksonville
Tennessee

Three weeks into the season, three teams left. Right now, I’m liking Jacksonville’s chances to go 0-17. They play Houston next week. Houston is a big favorite, and is coming off a pretty embarrassing loss to Minnesota, so I’m liking Jacksonville to go 0-4.

In other news, and as noted on Sunday, the White Sox are now at 36-120, for a .231 winning percentage. Looking at this another way, in order to lose only 119 games and avoid tying the 1962 Mets…they can’t do it. (I think they would have to win approximately 116% of the remaining games.)

More seriously, if the Sox go 2 and 4 (.333 winning percentage) for the remaining games, they will finish at 38-124, for a .234 winning percentage. The lowest winning percentage in the modern era is .235 by the 1916 Philadelphia Athletics, who went 36-117.

I am hoping for 125 losses. Why? Someone mentioned the other day that 2025 is the 125th anniversary of the White Sox…and they’ve ordered all kinds of memorabilia with the number “125” displayed prominently. That could be…awkward.

(It seems to me to be a little fuzzy, though, when the anniversary is. I guess you could call 2025 the 125th if you count when they moved to Chicago, which is not unreasonable. But they didn’t become the modern Sox until 1901.)

Obit watch: September 23, 2024.

September 23rd, 2024

Mercury Morris, one of the great NFL players. ESPN. NYT (archived).

Morris made no secret of the fact that he was filled with pride about the 1972 Dolphins being the first — and still only — undefeated and untied team in NFL history, pulling off a truly perfect season.
He also tried to make this clear: No, the Dolphins were not rooting against the teams that came close to matching their feat of perfection or had champagne on ice waiting for the moment that the last unbeaten team in a season gets defeated.
“And for the record, we DO NOT TOAST every time an unbeaten team loses,” Morris posted on social media in 2015, when the Cam Newton-led Carolina Panthers started 14-0 before losing the next-to-last game of their regular season. “There’s no champagne in my glass, only Canada Dry Ginger ale! Ha!”

Kathryn Crosby, der Bingle’s wife who had a pretty successful career of her own. NYT (archived). Other credits include “Anatomy of a Murder”, “The Phenix City Story”, and “The Night the World Exploded”.

Tongsun Park, who was at the center of the 1970s “Koreagate” scandal.

In 1978, he was indicted on charges of conspiracy, bribery and making contributions as a foreign agent, and he fled the country. He returned with a promise of criminal immunity to testify in Congress and before a grand jury.
He said that he had passed money to 31 members of Congress — up to $273,000 in one case — and while he denied acting on behalf of the South Korean government, a former Korean intelligence officer told Congress under oath that Mr. Park was working for Korean intelligence as part of an influence-buying operation code-named Ice Mountain.
But the accusations, splashily covered in the post-Watergate period, largely fizzled out. Only three of the 31 current and former congressmen Mr. Park named were indicted, and only one, Richard T. Hanna, a California Democrat, was convicted. He served a little over a year in jail.
The House, which considered disciplinary action against 11 sitting members, ended up reprimanding just three, in what critics called an example of Congress’s inability to discipline its own members.

He later got caught doing illegal lobbying for Saddam Hussein, and served five years for that.

Shortly after I posted Friday’s obit watch, the NYT posted their Nelson DeMille obit.

KMart. Sort of. The last “full-sized” store in the United States, in Bridgehampton, New York, is closing in October. There is one store left in Miami, but it is described as being the size of a CVS, not a full-sized store. There are also other stores in places like Guam and the Virgin Islands.

Reds!

September 23rd, 2024

The Cincinnati Reds fired manager David Bell yesterday

Bell joined the Reds for the 2019 season and posted a 405-456 record over the last six seasons. He guided the Reds through COVID, managed a playoff team in 2020 and received his first of two contract extensions with the Reds in 2021.
In 2022, the Reds lost 100 games and went through a full rebuild. The Reds broke through in 2023 and were in the playoff race until the final weekend of the season. Bell received a contract extension last July as the young core impressed, but that momentum didn’t carry into 2024.

The Reds are currently 76-81, and have been mathematically eliminated from playoff contention.

ESPN.

Very short, very quick loser update.

September 22nd, 2024

The Chicago White Sox have now lost 120 games, tying the 1962 Mets.

I plan to post a longer update on Tuesday with the NFL loser update.

Obit watch: September 20, 2024.

September 20th, 2024

Dr. John A. Clements, another big damn hero, passed away on September 3rd at 101.

Newborn babies sometimes have a problem called respiratory distress syndrome, or RDS. They can’t breathe, and they die. Patrick Bouvier Kennedy, the second son of JFK and Jacqueline, famously died from RDS. In the 1960s, RDS killed about 10,000 babies every year.

Dr. Clements first did the early work that determined the lungs used a surfactant to allow breathing. Then, two other researchers that he served as an advisor for determined that RDS was caused by an absence of surfactant in the baby’s lungs.

Then Dr. Clements developed an artificial surfactant.

His research led to the first synthetic lung surfactant, which the University of California licensed to the drugmaker Burroughs Wellcome and Company. Its drug Exosurf was the first replacement surfactant for clinical use approved by the Food and Drug Administration, in 1990.
Eventually, further study found that animal-derived surfactants worked better, and they are most often used today. Infant deaths from R.D.S. in the United States have declined to fewer than 500 a year.

JD Souther, musician and actor.

Mr. Souther was almost the fifth Eagle: He joined the quartet for an afternoon tryout at the Troubadour, but he decided that the band was already perfect, and that he’d rather write for them.
A string of songs followed, many of them hits and most of them written with Mr. Henley and Mr. Frey, including “The Best of My Love,” “Victim of Love,” “Heartache Tonight” and “New Kid in Town.”

In recent years he was better known, at least to younger fans, for his screen presence. In 2012 he joined the cast of “Nashville,” playing a veteran music producer, Watty White — a character that drew heavily on his own experiences in the industry. He appeared during the first season, and his character was popular enough that the showrunners brought him back for the fifth season.

Nobody else has bothered to report this yet, as far as I’ve seen, but: Nelson DeMille, thriller author.

His first novel was “By the Rivers of Babylon,” published in 1978.

I actually remember when that came out, and being interested in reading it. However, I had somewhat limited means at the time, and that was one of the books I never bought. Now that I’m older, I may have to pick it up, because what’s not to like about a book with two Concordes in it?

Random notes: September 18, 2024.

September 18th, 2024

Lawrence sent over two stories that I don’t think justify a blog post individually, but together might make a good one.

Story #1, which is actually getting a surprising (to me) amount of press coverage: Adrian Wojnarowski is leaving ESPN to become the GM of the St. Bonaventure men’s basketball team.

The GM role has become more common in college basketball in recent years, as the transfer portal has made wholesale roster turnover an inherent part of the sport. The role includes name, image and likeness allocation, recruiting and supporting successful Bonnies coach Mark Schmidt.

The New York Post says he could be walking away from up to $20 million dollars. I probably wouldn’t have noted this, since it isn’t a firing, but Lawrence tells me this is a big freaking deal for basketball fans: Mr Wojnarowski has a reputation for breaking NBA news on Twitter.

I saw in another story (which, of course, I can’t find now) that Mr Wojnarowski had talked for years about his fantasy of throwing his cell phone into the ocean when he retired, as he was pretty much tied to it 24/7/365. “Kemosabe kiss my ass, I bought a boat, I’m going out to sea” indeed.

Story #2: Erma Wilson had her lawsuit against Midland County and former prosecutor Ralph Petty dismissed by the 5th Circuit Court of Appeals in a “plurality decision”, which apparently means that it doesn’t set a binding precedent. The decision was on somewhat narrow technical grounds: the Court of Appeals felt she hadn’t exhausted her remedies in state court yet.

Why was she suing?

…Wilson had been convicted in Midland County 23 years ago on felony possession of cocaine charges and given an eight-year probation sentence.
Long ago, Wilson had appealed her conviction to the state’s 11th Circuit Court of Appeals and lost.

Okay, so? Turns out that prosecutor Petty was moonlighting. He was a prosecutor by day…and a law clerk for “several district judges” at the same time.

By day the prosecutor was making the case against the defendants, while by night he was siding with himself from the judge’s chambers.

And I’m going to pause here to insert a quote from one of the greatest philosophers currently walking the earth, Judge Don Willet.

“This was a DEFCON 1 legal scandal,” Willet wrote in a dissent describing the background of the case.

“Wilson claims it would be unfair to force her back into the very state system that injured her,” states the plurality decision by Judge Andrew Oldham. “But it is also important that civil plaintiffs do not put the cart before the horse. Criminal proceedings and criminal judgments require criminal remedies—not civil ones. If and when Ms. Wilson pushes aside her criminal conviction, then but only then can she come back to civil court and ask for money. Until then, her § 1983 suit must be dismissed.”

Judge Willet disagrees. Strongly.

Willet, on the other hand, led a fiery dissent in which he stated that he would have let Wilson’s lawsuit proceed, noting, “A fair trial in a fair tribunal is a basic requirement of due process.”
“The Constitution’s fair-trial requirement is Con Law 101 — a bedrock due-process guarantee. In fact, the Framers cared so much about the sanctity of the criminal jury trial that our Constitution specifically mentions it twice — not only in the Sixth Amendment, but also in Article III,” he wrote.
“And to underscore they really meant it — that criminal-justice fairness is sacrosanct — the Founding generation doubled down, enshrining a host of procedural non-negotiables in multiple provisions of the Bill of Rights. Indeed, more words are devoted to We the People’s fair-trial right than to any other constitutional guarantee. Safe to say, the Framers were fixated on the adjudication of criminal charges — both the power to bring them and the process for resolving them — and spilled a lot of ink to ensure that the Constitution’s inviolable fair-trial guarantee is no empty promise.”

“Unfortunately for our circuit — and unfortunately for Wilson — wisdom remains a no-show. The only hope for wronged noncustodial plaintiffs like Erma Wilson is that the Supreme Court will at last confront the persistent circuit split, seize this occasion to settle the issue, and vindicate a bedrock constitutional guarantee that, sadly, is even more tenuous in today’s plea-bargain age than when the Founding generation first enshrined it.”

Just in case you were wondering, Mr. Petty has been disbarred, and according to “The Texan”, has been ordered not to use his name “in any manner in conjunction with the words ‘Attorney at Law,’ ‘Counselor at Law,’ or ‘Lawyer.'” He was also fined $50 and had to pick up the garbage. No, wait: “He also had to notify any of his clients in writing of his disbarment, give them back their money and documents, and notify all judges with whom he may have business pending.

Quick memo from the legal beat.

September 18th, 2024

Since I have mentioned it in the past, fairness compels me to note:

Erik Charles Maund is getting a new trial in his murder for hire case.

Maund, along with Bryon Brockway and Adam Carey, were found guilty of conspiracy to commit murder-for-hire after Holly Williams and William Lanway were found dead in a car in Nashville in 2020.

Brockway and Carey were convicted on all charges, including kidnapping resulting in death and conspiracy to commit kidnapping. Maund was found not guilty of kidnapping resulting in death. The maximum sentence for federal murder-for-hire is life in prison or death.

But, you see, there was a problem:

Now a judge has ruled that an administrative mistake caused certain things that were not admitted into evidence during the trial to be shown to jurors as they deliberated. The court clerk found out when members of the media started asking about the trial exhibits after the trial was over.

One story I saw elsewhere (and can’t find again) said that the evidence mistakes (and there was more than one) inclueed an exhibit that was supposed to be redacted…and which was shown to the jury in unredacted form.

Nobody knows yet when the new trial is going to be. But, good news: this is a court in Tennessee, not Travis or Williamson county.

You’re going down in flames, you tax-fattened hyena! (#130 in a series)

September 18th, 2024

The mayor of Atlantic City, Marty Small Sr., and his wife (the superintendent of schools) have both been officially indicted.

I thought I had written about this before, but Google doesn’t turn up a reference. I know, though, that there have been stories circulating for months. Mayor Small and his wife aren’t charged with corruption, which is unusual for an Atlantic City mayor.

They’re charged with beating the s–t out of their teenage daughter.

Prosecutors said that on Jan. 13, 2024, Marty Small Sr. hit his daughter multiple times in the head with a broom, causing her to lose consciousness.
Ten days earlier, they said, Small engaged in an argument with his daughter, grabbing her head and throwing her to the ground, and threatening to throw her down a flight of stairs.
He threatened to “smack the weave out” of her head during the incident, according to prosecutors.
The 50-year-old Democratic mayor also is accused of punching his daughter repeatedly in the legs, causing bruising.
La’Quetta Small, 47, is accused of punching her daughter multiple times on the chest, leaving bruising. In another alleged incident, she is accused of dragging her daughter by the hair and striking her with a belt on her shoulders, leaving marks.
In yet another incident, La’Quetta Small is accused of punching her daughter in the mouth during an argument.

And I wasn’t aware of this previously, but Constance Days-Chapman, the principal of Atlantic City High School, was indicted last week. Charges against her include “official misconduct” and “child endangerment”.

According to the indictment, in December the girl, who was 15 at the time, told Days-Chapman she was suffering continuous headaches from being beaten by her parents in their home.
But instead of telling authorities, Days-Chapman instead told the Smalls.

By the way:

Days-Chapman is a close friend of the Smalls; La’Quetta Smalls is her boss.

I’m sure this is going to be one of my more controversial and divisive opinions, but:

Fark these people. Fark any parent who thinks it is okay to do their kids this way. Fark anybody who’s a mandated reporter that goes to the parents instead of Child Protective Services when a kid tells them their parents are beating them.

Sorry. A bit grumpy today.

Your NFL loser update: week 2, 2024.

September 17th, 2024

NFL teams that still have a chance to go 0-17:

Baltimore
Cincinnati
Indianapolis
Jacksonville
Tennessee
Denver
New York Football Giants
Carolina
Los Angeles Rams

In other news, the White Sox have actually won a few more games. Mostly they won against the City Unknown A’s, though they beat the LA Angels last night.

Currenrtly, the Sox are 36-115, for a .238 winning percentage. That projects out to 123 loses this season. Put another way, in order for the Sox to lose only 119 games and avoid tying the 1962 Mets for worst MLB record, they will have to win 7 out of the final 11 games, for a .636 winning percentage down the stretch.

They play the Angels again tonight, and LA is favored by ESPN. Of course, LA was favored by ESPN in last night’s game as well, and you see what that got them…

At last! Something even more boring to my readers than gun books!

September 16th, 2024

I admit, Lawrence probably isn’t going to cover this in his Linkswarm, and it is of interest to me partly because of my peculiar background. (I was with an auto insurance adjacent organization for quite a few years.)

But I do think there are some things in this story that are worth attention. Otherwise I wouldn’t be blogging it, right?

American Transit Insurance Company is an auto insurance company. They specialize in covering “for-hire vehicles”, which is basically your taxi cabs and Lyft/Uber drivers (at least, the ones who actually bother to get the specialized insurance they need to have). The paper of record claims that ATIC covers “60 percent of the available vehicles” in New York City.

American Transit Insurance Company is also insolvent. As in, “can’t pay their bills” insolvent. As in “can’t pay claims” insolvent.

In its latest financial filing, the privately owned company reported that it was insolvent, with more than $700 million in losses from existing and projected claims from past accidents — a huge hole that has been growing for years in part because of questionable financial practices, according to state officials.

Worthy quote:

That means American Transit does not have enough money in reserve to pay out those claims despite years of collecting premiums on those policies. Instead, the company has managed to continue operating by using money coming in from new premiums to help cover those costs, essentially leaving its current clients underinsured in the event of an accident, state officials said.

“Ponzi scheme”. The words we were looking for were “Ponzi scheme”.

That’s about the point where archive.is cuts off archiving the article, so I’ll have to summarize and use unlinked pull quotes from here on out.

What does this mean for me, Al Franken? There aren’t many companies that compete with ATIC in the NYC marketplace, so if ATIC collapses, a lot of “for-hire” cars will be without insurance, or have to pay more for insurance, which means either fewer taxis/Ubers/livery cars/etc. or higher costs, or both. Plus (and it probably goes without saying), people who have valid claims against ATIC insured drivers may not actually get paid. You got hit by an ATIC insured livery driver? Fark you, we don’t have any money to pay for your hospital bill.

How did they get this much in the hole?

…the department released two reports about American Transit’s finances from 2014 to 2019, which said that the company’s books showed evidence of accounting errors, unverified expenses and potential mismanagement.
According to the reports, American Transit paid nearly $100 million in commissions to an affiliated company for work signing up new policyholders and renewing existing policies, but the department could not confirm that the work had taken place.
American Transit also paid nearly $10 million for unclear reasons to Global Biomechanical Solutions, a consulting firm in which American Transit’s chief executive, Ralph Bisceglia, and a daughter-in-law of its co-founder had controlling interests, according to the reports.

Quel fromage! And I personally think the reasons are very clear, but publically stating them here might get me sued.

The firm submitted two remediation plans, which included rate increases and setting up a blockchain platform where policies could be bought and sold as nonfungible tokens.

You. Have. Got. To. Be. Kidding. Me. A blockchain platform. NFTs. If I were the NY State Department of Insurance, I’d be looking in every corner for the Jerky Boys or the “Jackass” guys or even for someone trying to do a revival of “Candid Camera”.

Almost from the beginning, the company had financial problems. State regulators flagged its reserves as inadequate in 1979, and later found increasing levels of insolvency in eight examinations that were conducted between 1987 and 2020.

1979, ladies and Germans. 1979.

…in 1991, state officials again filed a petition to rehabilitate the company and later moved to liquidate it.
American Transit challenged those proceedings, and in 1996, reached a settlement with state regulators that allowed it to remain in business under certain conditions, including that it be closely monitored by state regulators.

“closely monitored by state regulutors”. How’s that working out for you?

Since then, however, the firm’s finances have continued to deteriorate. Last week, state officials said they had not been approached by any credible company seeking to acquire American Transit or its insurance policies.

Ooooooh. Maybe not so good?

To be fair…

American Transit has suggested that insurance fraud contributed to its financial problems. In response to an email from The Times seeking clarification about the company’s statement this month, American Transit said that “rampant insurance fraud” threatened the commercial market and allowed lawyers and “opportunistic medical service providers” to inflate costs, undermining the insurance system.

I’m willing to concede there may be some truth to that. I mean, this is New York City…

If it is not purchased, the company could go into receivership with the New York Liquidation Bureau, which would use American Transit’s remaining assets or a state fund to pay off active claims, said Mark Peters, a partner at the law firm Peters Brovner and a former head of the bureau.

Your tax dollars at work, New York residents. Paying off for an insolvent insurance company.

Obit watch: September 16, 2024.

September 16th, 2024

Dr. George Berci, Holocaust survivor, violinist, and big damn hero, passed away on August 30th. He was 103.

Dr. Berci was one of the pioneers of minimally invasive surgery.

Dr. Berci brought a precise eye and an inventor’s zeal to innovations that enabled doctors to better visualize the bladder, colon, esophagus, prostate, common bile duct and other body parts. Until earlier this summer, he was the senior director of minimally invasive surgery research at Cedars-Sinai Medical Center in Los Angeles, where he had worked since 1969.
His innovations were critical to the revolution in minimally invasive endoscopies and laparoscopies, which dramatically reduced the need for surgeons to make large incisions.
In endoscopies, doctors use a flexible tube with a light and a camera to examine the upper and lower digestive system. Dr. Berci focused mainly on the area around the throat and vocal cords.
In laparoscopies, surgeons place a thin rod with a video camera attached at the end through a small abdominal incision. Carbon dioxide is then used to inflate the space to give doctors enough room to use small instruments to, among other things, remove gallbladders, cysts, tumors, appendixes and spleens; diagnose endometriosis; and repair hernias.

“It is unlikely that there will ever be another surgeon who so single-handedly impacts an entire field of surgery as Dr. Berci did,” said Dr. Brunt, the producer of the documentary, who is a professor of surgery at Washington University School of Medicine in St. Louis. “He understood the potential for laparoscopy and its applications long before most surgeons saw any value in it.

Tito Jackson. THR.

Herbie Flowers, session musician who played bass on “Walk on the Wild Side”.

Tommy Cash, Johnny’s brother, but he had a music career of his own. THR.

You’re going down in flames, you tax-fattened hyena! (#129 in a series)

September 16th, 2024

This is still breaking. Two chiefs with the New York Fire Department have been arrested on bribery charges.

The six-count indictment accuses them of soliciting and receiving bribes in that role from 2021 to 2023 for projects underway in Manhattan, Brooklyn and Queens.
“For nearly two years, Saccavino and Cordasco misused this authority for their own financial gain,” the indictment charges. The men were also charged with lying to the F.B.I. in February about their involvement in the scheme.

These, by the way, are the same two chiefs whose homes and offices were raided by the FBI in February.

A retired firefighter who expedited building projects, Henry J. Santiago Jr., was identified by federal prosecutors as a co-conspirator who solicited and accepted bribes, but he was not named or charged in the indictment. The New York Times had previously reported his involvement, and he was identified by name by the authorities at a news conference about the case on Monday.

I’m going out on a limb here and saying: they flipped him.

According to the indictment, the two chiefs steered potential clients who wanted to expedite approval of their building projects to Mr. Santiago, and then ordered that those projects receive preferential treatment. Among the projects they fast-tracked were a high-end restaurant in Manhattan, a Brooklyn apartment building and two hotels near Kennedy Airport in Queens.
After getting paid by his clients, Mr. Santiago delivered bribes to Mr. Saccavino and Mr. Cordasco in cash and by check in face-to-face meetings at Fire Department offices in Brooklyn and steakhouse dinners in Manhattan, prosecutors said.
Mr. Saccavino funneled the illicit payments through a company started by his wife, while Mr. Cordasco received them through a company he had created and claimed was an entertainment business, prosecutors said.

Just in case you were wondering…

There is no indication that the case is related to any of the four separate federal corruption investigations swirling around Mayor Eric Adams, his campaign and some of his most senior aides. The inquiry focused on the mayor is being conducted by the same agencies that investigated the chiefs, however, and also relates in part to fire safety inspections, according to several people with knowledge of the matter said.

Obit watch: September 13, 2024.

September 13th, 2024

Donald Sheppard passed away on September 7th. He was 104. BBC.

Mr. Sheppard served in the Royal Engineers during World War II.

Mr. Sheppard was one of more than 150,000 soldiers who crossed the English Channel on June 6, 1944. He landed at Juno Beach, in Normandy, under a hail of gunfire. More than 4,000 Allied troops died that day.
“When he landed on the beach, he said he was just walking over dead bodies,” his son said. “Dead boys, dead men. And they gave their life for our freedom. I think to him, personally, he never wants that to be forgotten.”

In 1945, Mr. Sheppard helped British forces liberate Bergen-Belsen, one of the largest concentration camps in Germany; more than 50,000 people, including Anne Frank, died there. When the British arrived, corpses lay in piles; about 60,000 people, emaciated and ill, were still alive.
Mr. Sheppard struggled to talk about the experience; a granddaughter, Daisy O’Brien, said she did not learn about it until she was a teenager. Mr. Sheppard would become emotional remembering that day, his son said.“He couldn’t believe that one human could do that to another human,” Jonathan Sheppard said, and would often lament the “senselessness” of war.

After his retirement, Mr. Sheppard devoted himself to keeping alive the memory of the soldiers who fought and died beside him. He raised money for veterans, made repeated trips to Normandy and, until recently, spoke to schoolchildren about the war.

Chad McQueen. I think I’ve noted before that I don’t do obits for celebrity children just because they are celebrity children, but he did have a career beyond being Steve McQueen’s son. Other credits include “V”, “New York Cop”, and “Firepower”.

Bob Weatherwax, Hollywood dog trainer. He was most famous for succeeding his father, Rudd, in training dogs to play “Lassie”.

On a trip to Philadelphia to promote the 1994 movie “Lassie,” a successful attempt to revive the franchise, he and the film’s star stayed at the luxurious Rittenhouse Hotel, where the celebrity collie dined on boiled chicken that was prepared by a chef, delivered by room service and washed down with distilled water.
Lassie usually traveled with Mel, a Jack Russell terrier. The two dogs watched “Lassie” reruns on Nickelodeon in between promotional appearances.
“The hotels say they wish they had more guests like Lassie,” Mr. Weatherwax told The Los Angeles Times in 1994. “They don’t have to deal with cigarette holes in the carpet or spilled drinks.”

Alberto Fujimori.

Joe Schmidt, one of the Detroit Lions greats.

Schmidt was named to 10 Pro Bowls, selected as a first-team All-Pro eight times and chosen for the N.F.L.’s all-decade team for the 1950s.
The Lions were an N.F.L. powerhouse in those years. They defeated the Cleveland Browns for the 1952 league championship; beat them again in the 1953 title matchup, when Schmidt was a rookie; and bested them once more in 1957, routing them 59-14. They also went to the championship game against the Browns in 1954, but that time they lost.
Schmidt was 6 feet 1 inches and 220 pounds, not especially big even by the standards of his era. But he anchored the defense on Lions teams that included his fellow future Hall of Famers Yale Lary, Jack Christiansen and Dick Lane (known as Night Train) in the secondary, along with an offense featuring Bobby Layne at quarterback, Doak Walker at halfback and Lou Creekmur and Dick Stanfel on the line.
He was inducted into the Pro Football Hall of Fame in Canton, Ohio, in 1973.

Schmidt’s teammates voted him their most valuable player four times. He was also the Lions’ longtime captain. When he retired after the 1965 season, he had intercepted 24 passes and recovered 14 fumbles.

Smoking hyenas update.

September 12th, 2024

I haven’t had a lot of time today, but before I turn in, I wanted to note: NYPD Commissioner Edward Caban resigned today. (Previously.)

Part of the reason I want to get this up is rumor control. The interim commissioner is not this guy:

though he does have NYPD and leadership experience. The interim commissioner is also not this guy:

though in my humble opinion, the NYPD would be vastly improved by a commissioner who carries an old-school Fitz Special.

(I’m sure you were expecting the second one, but I couldn’t pass up a chance to make a reference to the Fitz Special.)

Our State Fair is a great state fair…

September 12th, 2024

The time for the State Fair of Texas has come around again.

And with that, the time for fair food! Especially fair food on a stick!

You can read a local news story from Fox Houston here, which covers some of the new items.

Or you can go to the State Fair of Texas web site and read a more comprehensive guide.

There’s nothing in the local news article that makes me gag. Except maybe the name “crookie”, and that’s still better than “cronut”. As for the fair’s website, only the “Fat Bacon Pickle Fries” trip my gag reflex. Though I will say to the inventors of the “Lay’s® Potato Chip Drink”: “Your scientists were so preoccupied with whether or not they could, they didn’t stop to think if they should.” I’m also not wild about the “Hot Cheetos® Korean Corn Dog”.

Also, what’s the thing with “street corn”?

And I kind of want a “Milton’s Giant Amish Doughnut” right now.

Wasn’t “Cheeseception” the title of Christopher Nolan’s abandoned sequel? And isn’t the “Beso de Angel” really just a re-structured ChocoTaco?

Obit watch: September 10, 2024.

September 10th, 2024

James Earl Jones. NYT (gift link). THR. Variety.

I didn’t realize he was an EGOT (but the Oscar was honorary, not competitive).

The IMDB trivia asserts he was a NRA member, which is interesting. It also asserts that he was considered for the lead role in one of the spin-offs of a minor 1960s SF TV series, but they cast Avery “Hawk” Brooks instead.

Other credits include three episodes of “Homicide: Life on the Street”, something called “Excessive Force” that sounds fun, “The Last Remake of Beau Geste”, “Exorcist II: The Heretic”, and, of course, “The Star Wars Holiday Special”.

Once, while traveling cross-country, Jones broke out his Darth Vader voice on the CB radio scanner. “The truck drivers would really freak out — for them, it was Darth Vader. I had to stop doing that,” he told The New York Times magazine.

As a not-quite-an-obit but belongs here anyway note, the NYT obit is credited to Robert D. McFadden. Mr. McFadden retired from the Times on September 1st, and the paper of record ran a very nice tribute to him. I’ll say something nice about the NYT for once: I agree, Mr. McFadden was a pretty swell obit writer. I think he belongs in the same class as the legendary Robert McG. Thomas Jr..

He retired with more than 250 advance obituaries still in the pipeline, each awaiting its day.

Also among the dead: Ed Kranepool, one of the original Mets.

When Stengel assessed Kranepool’s talent, he told The New York Times: “He don’t strike out too much and he don’t let himself get suckered into goin’ for bad pitches. I wouldn’t be afraid to play him. He don’t embarrass you.”

After the ’69 Series, Kranepool and several teammates, including Tom Seaver and Cleon Jones, put together a musical act that performed in Las Vegas, singing, among other songs, “The Impossible Dream.” After the group’s debut on the Circus Maximus stage at Caesars Palace, Kranepool conceded that the singing Mets were nervous.
“It’s not like Shea Stadium, where we know what we’re doing,” he told The Times. “But we had enough Scotch.”

Baseball Reference.

Your NFL loser update: week 1, 2024.

September 10th, 2024

As foretold in the prophecy, we have returned.

NFL teams that still have a chance to go 0-17:

New York Jets
Baltimore
Cincinnati
Cleveland
Indianapolis
Jacksonville
Tennessee
Las Vegas
Denver
Washington
New York Football Giants
Green Bay
Carolina
Atlanta
Los Angeles Rams
Arizona

In other news, the Chicago White Sox are now 33-112, for a .228 winning percentage. This projects out to 125 losses this season.

Put another way, there are 17 games left in the season. For the Sox to have only 119 losses and miss tying the record for worst MLB team in the modern era, they will have to win 10 out of those 17, for a .588 winning percentage.