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.)

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.

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

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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.

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.

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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.

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?)

Headline of the day.

September 1st, 2017

Principal in Park Slope is Cleared of Communist Organizing

Berlin 1936? Los Angeles 1952? Nope: New York City, 2017.

Obit watch: September 1, 2017.

September 1st, 2017

Richard Anderson.

Yes, yes, we all remember him as Oscar Goldman. But he knocked around in a whole bunch of other stuff before “Six Million Dollar Man” and “Bionic Woman”. Every now and then, we’ll be watching something at Lawrence’s and say, “Hey, wait, is that…yes, it’s Oscar Goldman!” (Yes, he was in “Tora! Tora! Tora!”, just like everyone else in Hollywood.) He did guest spots on “Mannix”, “Mission: Impossible”, the good “Hawaii 5-0”, “T.H.E. Cat”, and he was a regular on “Perry Mason”. He was in “Kitten With a Whip”. And Chief Quinn in “Forbidden Planet”.

I hate to reduce the man to one role, no matter how famous it was. But I do think this is one of the great TV show openings of all time.

Quote of the day.

August 30th, 2017

We have sort of a trifecta today, because we can’t choose. All three by way of the Hacker News Twitter, the first two from the same source:

“Blindly trusting authority to make our ethical decisions for us is the best way to separate ourselves from the Nazis!”

The IRB listened patiently to all this, then said that it had to be in pen. You know who else had people sign consent forms in pencil…?

The third one really isn’t a quote of the day. You should just read the whole thing: “Laser Products I Hate”. Including why you shouldn’t give money to Kickstarter for that Cubiio piece of crap.

TMQ Watch: August 29, 2017.

August 30th, 2017

Week two. Gesundheit.

Our count is roughly 9,400 words. Will TMQ join the 10,000 Club this season? We would not be surprised.

(And this is why we’re running behind: we do plan to try to get these up on Tuesday, but if the Weekly Standard is going to let Easterbrook run on as long as he wants, without apparent editing or restrictions, we can’t promise that.)

After the jump, this week’s column…

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Drainage!

August 29th, 2017

By way of Patrick Non-White: a series of tweets from Matt Corbett‏ about how flood planning and storm runoff works in Houston.

If you click on that first one, you should be able to follow the rest of the (long) thread from there, though you might have to skip over some stuff about cheerleading.

I’m also not an expert, and haven’t lived in Houston for (mumble mumble) years now, but this fits in with what I do know. I especially appreciate his discussion of the evacuate/don’t evacuate decision: it was more than just partisan politics, it also involved differing sets of priorities.

Bad writer! No cookie!

August 28th, 2017

Fan fiction isn’t my cup of tea. If you enjoy it, more power to you. And I don’t like making fun of other writers for being supposedly “bad”: it feels kind of like throwing rocks from inside my glass house.

But I ran across a discussion of this work of fan fiction while looking into something else (I’ll get into that “something else” later) and thought it was worth mentioning here. Especially for all you “The Eye of Aragon” fans.

“My Immortal” by “XXXbloodyrists666XXX” is a work of Harry Potter fan fiction. With vampires.

… the story centers on a 17-year-old female vampire, a non-canonical character, and her relationships with the characters of the Harry Potter series, most notably her romantic relationship with Draco Malfoy.

More:

The protagonist of the story is Ebony (occasionally Enoby, Evony, or Egogy) Dark’ness Dementia Raven Way, a seventeen-year-old vampire who attends Hogwarts (located in England instead of originally Scotland) as a member of Slytherin House. Hogwarts is depicted as being divided between two cliques, the goths and the preps. Ebony and all the sympathetic characters are part of the goth clique while the members of the prep clique are portrayed unsympathetically. Many of the main characters of Harry Potter are given “goffik” [sic] makeovers, moved to the Slytherin House, and renamed.

And it gets crazier from there. Draco Malfoy is bisexual, Harry Potter is a vampire, “there is also an unexplained cameo by a gothic Marty McFly, with the DeLorean time machine able to transform into an iPod.”

Also, the author can’t spell:

A third plot point sees Professor McGonagall (often referred to as “McGoogle” or “McGoggles”) and Severus Snape (often called “Snap”, or “Snope” at times) attempting to rape or harm the protagonists. Yet another plot point follow Remus Lupin and Snape being bisexuals who spy on Ebony, at one point resulting in a moment shortly after Draco’s “death” where they are sitting on their broomsticks with “Loopin masticating [sic]” to Ebony bathing.

This was originally published in 44 chapters to Fanfiction.net. The author claims that chapters 39 and 40 were actually written by someone who hacked into their account. And the author also apparently had a falling-out of sorts with “their editor” somewhere around chapter 12. (Personally, the most amazing part to me is that the author had an editor.)

“My Immortal” is no longer on Fanfiction.net, though copies are still circulating. I haven’t found one yet. If I do, I am tempted to give it a shot. The 44 chapters total to about 22,000 words, so it shouldn’t take too long to struggle through.

But what’s the rest of the story? How did this come to my attention, and why am I interested? Well, there are rumors floating around – based on supposed similarities in the writing – that “XXXbloodyrists666XXX” is actually Lani Sarem, author of the “New York Times bestseller” Handbook for Mortals.

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Obit watch: August 28, 2017.

August 28th, 2017

Noted movie director Tobe “Lifeforce” Hooper.

Okay, okay. He also directed the original “Texas Chainsaw Massacre”. And “Texas Chainsaw Massacre 2”. And “Poltergeist”. And “Toolbox Murders”. And, apparently, an episode of “The Equalizer”.

Tragedy versus comedy.

August 26th, 2017

Comedy is when your social network sites are down.

Tragedy is when a legendary local barbecue joint catches fire.