Archive for the ‘Austin’ Category

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Obit watch: January 12, 2021.

Tuesday, January 12th, 2021

Pat Loud, the mother in the 1970s reality show, “An American Family”. I touched on this at greater length when Bill Loud, her husband, passed away in 2018.

I’ve been holding this for a few days: Jim Bob Moffett. He was a prominent oil and mining magnate, and a large donor to UT.

He also made a whole lot of people angry back in the early 1990s when one of his companies planned a development in Southwest Austin.

Environmentalists argued that Moffett’s development would wash building materials, dirt and pollutants that accompany everyday human life into the aquifer, ultimately fouling the springs. Rather than treat the situation as a political dispute in which both sides had legitimate interests — an approach that many activists said had led them to compromise too easily — activists framed the issue as cruel business interests threatening Austin’s most beloved civic feature.
The fight culminated in a City Council meeting June 7, 1990. It is widely considered the high point of Austin civic participation: 17 hours of songs, poems, threats and pleas persuaded a glassy-eyed City Council that had seemed likely to approve the proposal to unanimously reject it. From that decision rose the Save Our Springs Coalition (now the SOS Alliance) and landmark rules that limit development in that portion of Austin.

Posted in 1970s, Austin, Obits, Politics, TV | Comments Closed

Art, damn it, art! watch (#56 in a series)

Thursday, December 10th, 2020

(Been a while since I’ve done one of these, hasn’t it?)

The Austin City Council has decided (based on a recommendation from the city’s Arts Commission) to “deaccession” several pieces of public art.

The big news is: one of those pieces is “Moments”. If you live in Austin, you know “Moments” better as “those blue panels bolted to the overpass wall on North Lamar Boulevard”.

“Moments” caused a stir from the beginning. It was the city’s first art-in-public-places project to be installed along a road, and its installation caused traffic backups. The piece was meant to evoke impressions of the moments contained in an experience or environment, Jean Graham, a city of Austin art in public places coordinator, told the American-Statesman at the time.
“The designer was thinking, well, you could think of the moments going by as you are waiting under the bridge in traffic,” Graham told the paper in 2003.
In [Carl] Trominski’s [the artist – DB] submission for the piece’s creation, he wrote that the site “is visualized as a Threshold between the Urban Austin and the Natural Austin. The underpass marks a journey through the city’s self-image. … This proposal intends to strengthen the expression and experience of this moment.” The signs were to “make abstract reference to musical notes, the motion of a row on Town Lake, and acts (as) a shadow indicator of the day’s progression.”

“I thought it would be fun to do something that people could ignore and not even notice,” Trominski told the late Statesman columnist John Kelso in 2006. Trominski, who beat out about 30 other entrants for the art project, continued, “I had no idea people would get angrier at that than they would at the traffic.”

For the record, the other artworks being taken off the list are…

… “Karst Circle” at Austin Fire Station 43/EMS Station 31 on Escarpment Boulevard; “Bicentennial Fountain” at the entrance to Vic Mathias Shores between South First Street and West Riverside Drive; “LAB” along the Lance Armstrong Bikeway from MoPac Boulevard (Loop 1) to Airport Boulevard; and the Republic Square Fountain, which no longer exists and formerly was located at Republic Square Park.

Here’s a presentation with some photos of the art, if (like me) you were unfamiliar with these pieces.

Fountain is no longer exists. During recent renovation of Republic Square Park, it was thought to be a design element, and was removed. AIPP was not informed.

Posted in Art, Austin, Politics | 2 Comments »

Memo from the legal beat.

Monday, October 5th, 2020

Two Austin legal stories from the past couple of days that I wanted to cover:

1) A former employee of the Austin Public Library has been charged with stealing $1.3 million from the library.

Now, I’m sure you’re asking yourself: “How do you steal that much money from a library?” Answer: according to the indictment, he was purchasing printer toner with a city issued credit card and reselling it online.

“The library’s poor practices and procedures provided an opportunity for Whited to steal from the city during his tenure, leading to waste and overspending by the department,” according to the report. “Whited took advantage of poor purchasing reviews by his supervisors, former Financial Manager Victoria Rieger and Contract Management Specialist Monica McClure. Whited also took advantage of several other purchasing and budget-related shortcomings, such as having a role in the approval of his own purchases and insufficient oversight of the Library’s budget by Rieger and Assistant Director Dana McBee.”
As an accounting associate, Whited was responsible for making and approving purchases, cash receipts, billing, and other accounting transactions, the report states.

Bonus: this wasn’t his first go-around at the rodeo, but somehow the library put him in charge of all that stuff.

2) Strippers. Always with the strippers. A group of them are suing some of our finer local “gentleman’s clubs” (specifically, The Yellow Rose, Perfect 10 and Palazio, if you know Austin strip clubs).

The basis for the lawsuit is kind of unsurprising: the strippers claim that they were improperly categorized as “independent contractors” rather than employees.

The women signed documents agreeing to be independent contractors rather than employees, records show. However, Ellzey said the clubs treated them like employees — requiring them to work a certain shift, setting prices for dances and charging the women late fees if they did not arrive on time.
Under labor laws, that makes them employees, Ellzey said.
“The law looks to the conduct of the club … not the documents cooked up by the clubs,” Ellzey said. “The documents have no real legal significance.”

The responses from the clubs are about what you’d expect: the strippers wanted it that way.

Yellow Rose’s management also said that it’s in the dancers’ best interest to work as independent contractors.
“All Yellow Rose employees make at least minimum wage and generally far more than that,” the club said in a statement. “This case involves three — we have no clue who the fourth person in this lawsuit is — entertainers who knowingly and willingly worked as independent contractors, all of whom made a great deal more money than what they would have made had they been minimum wage employees. They now claim they were/are ‘actually’ employees and are due compensation directly from the Yellow Rose. We disagree.”

…

Bishop said the independent contractor agreements gave performers the opportunity to avoid turning over their tips to the club. However, Ellzey said that, despite this, the club often required the performers to divide their tips among other employees, such as the DJ, the security guard and management.
“The performers are typically younger,” Ellzey said. “They go to work in these clubs, and the money they’re making on stage is sometimes really surprising. I think when an older club owner or a manager with apparent authority says, ‘This is what you have to do. This is what everyone does. You need to split your tips, you need to pay house fees,’ then a younger, more vulnerable dancer is just going to believe them.”

This is also another “not the first go-around at the rodeo” affair: there was a previous settlement in another lawsuit filed against four clubs in Houston.

I’m no employment lawyer, but: if they control your schedule, set prices, and charge “late fees”, that kind of sounds to me like the strippers may have a case.

Posted in Austin, Law, Politics | Comments Closed

Texican standoff.

Monday, February 10th, 2020

I keep hoping for a gunpoint standoff between some Federal law enforcement agency and some local government: pot, guns, it doesn’t matter to me what causes the standoff. I just like the idea of two law enforcement agencies pointing guns at each other: “Let’s settle this Federalism question once and for all, mofo!”

Why do I bring this up? Well, there was a story on the Statesman website yesterday about a possible standoff between the FBI and the Austin Police Department. Here’s what’s going on:

I’ve written before about the 1991 yogurt shop murders and the impact they had on the Austin psyche. Almost 30 years later, this something that’s still talked about, debated (was it crooked cops?), and cited as a defining moment for the city. I think part of what makes this the case is that there’s been no solution.

But there’s a new DNA technology called Y-STR. Apparently, with this technology, it’s possible to narrow down recovered DNA to just the male only component of the sample. So APD sent DNA samples to a lab and got a Y-STR profile, which doesn’t match any of the existing suspects or their family members. So they expanded their search:

They accounted for many of the customers at the shop that evening and got DNA samples from them. There was no match. They used yearbooks from the girls’ schools to build lists of their classmates, and then covertly gathered DNA samples from many of them off discarded soda cans or cigarette butts. Again, there was no match. Worried that first responders might have contaminated the scene, they tested every man who had gone into the burned-out yogurt shop. Still, no match.

Then they submitted the profile to an online Y-STR database…

The National Center for Forensic Science at the University of Central Florida operates the U.S. Y-STR Database containing 29,000 samples for population research. Its website says it has samples from “government, commercial and academic resources throughout the United States” and that “all forensic laboratories and institutions are invited to contribute.”
Today, the website contains a disclaimer, saying that it does not function as a law enforcement database and “cannot be used to identify a particular individual whose sample is in the database. All donors are anonymous (and samples) cannot be traced back to specific individuals.”

And they got a hit. But there’s a problem: the owners of the database, and the FBI, won’t release the data on who submitted the sample. (The FBI is involved because the sample was submitted by one of their forensic analysts.)

Montford said agency officials cited a 1994 federal law that created a national forensics database that law enforcement officials use for investigations. That law, they said, required officials to protect the identity of anonymous donors whose DNA was submitted to the Florida database for population research.
“They basically say, ‘We would love to help you, but we have a federal statute that says we can’t release it,’” Montford said.

Why would you put a law like that in place? Well, the DNA in the database can’t be used for a unique identification: at best, it would narrow the field down to “thousands of men” who have the same profile. APD seems to be fine with that: after all, cutting down the possible number of matches from about half of the people who lived in Austin in 1991 to a thousand or so might be useful. But the FBI and the people who run the database seem to be afraid of the possibility that innocent people might become suspects.

At their wits’ end, De La Fuente and other prosecutors began considering a subpoena for the information. They say they are still weighing such an unprecedented step, but fear the litigation would cost untold time and money.
In a statement to the Statesman, the bureau said, “The FBI did not perform forensic testing in this case and cannot speak to this case.”
The FBI acknowledged that it had provided anonymous male profiles to the Florida university for a study into how many of those profiles exist in a specific population and were legally allowed to do so. But the bureau said, “These profiles are not suitable for matching to an individual.”

Posted in Austin, Cops, FBI, Law, Politics | 2 Comments »

Update from the legal beat.

Tuesday, December 17th, 2019

I’ve written before about VonTrey Clark, the APD officer who hired thugs to kill his pregnant mistress (Samantha Dean, a victim services coordinator with the Kyle Police Department) then fled to Indonesia when his plot unraveled.

He pled guilty yesterday.

Clark waived his right to a trial by jury with the understanding he was waiving the right to call witnesses. Clark then signed a document stating he confessed to the crime. The prosecutors read the document Clark signed, which stated Freddie Lee Smith killed Dean. The document stated that Smith’s gun misfired, Smith returned and fired the gun again and then the scene was staged to look like a drug deal gone bad.

Under the terms of the plea agreement, he’ll spend life in prison without parole and waives the right to appeal.

Kimberly Dean, Samantha’s mother, read an impact statement following Clark’s guilty plea on Monday. She spoke about how Samantha was a daddy’s girl, a hero and a gift from God. She said Samantha was smart, independent, loyal and a true and a fighter who had fought and beat cancer. She also spoke of her love for her granddaughter, Madeline Rose Dean.
“We are two less people because of you. I am the mother to Sam and grandma to Madeline. There isn’t enough paper to write down all my feelings. There are no apologies grand enough to minimize my disgust for your existence,” Kimberley said. “You have issued all of us a life sentence.”

Posted in Austin, Cops, Law | 1 Comment »

DGU

Tuesday, November 19th, 2019

Two local defensive gun use stories that I want to note (without much comment) for reasons:

1. Uber Eats driver gets into a standoff. Noteworthy because the Statesman is highly specific about the guns:

Palomino then pointed a black, semi-automatic Glock handgun at the man, the court documents say.
The delivery man pulled out a Sig Sauer P238 handgun and pointed it at Palomino.

2. Running gun battle in South Austin Sunday night.

The incident happened in and outside of the Mustang Pawn Shop near the Stassney Lane intersection. A witness says that shortly before 7:00 p.m. several men, armed with assault rifles got the drop on an employee. Once inside they smashed a jewelry display and grabbed what they could. When they ran out, the store owner reportedly gave chase with a shotgun.
A shootout followed, which apparently smashed a window at a business across the street. The violent confrontation was justified according to a neighbor, who didn’t want to give his name but knows the store owner.

The store owner apparently disabled one vehicle the robbers were using, but they managed to get away in a second vehicle.

Some of those who spoke to FOX7 said they sought cover by falling to the floor. Others said they are frustrated by the growing crime problem.
“It’s an overflow of gang wars and little thugs that are running around that have access to all the guns, and how they do it is, they just kick the door in and take them,” said the neighbor.
The solution, according to the resident, is simple but potentially deadly.
“Start shooting back, all the people around here, are pretty much armed.”

Posted in Austin, Cops, Guns, Law, Politics | Comments Closed

Obit watch: August 20, 2019.

Tuesday, August 20th, 2019

NYT obit for Cedric Benson.

Statement from APD.

Posted in Austin, Cops, Law, NFL, Obits, Sports | Comments Closed

Notes from the legal blotter.

Tuesday, 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.

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

City Council updates.

Monday, January 7th, 2019

The new council members get sworn in later today.

However, the city hasn’t updated the contact information yet. For example, the page for District 1 has Natasha Harper-Madison’s name on it, with “Biographical information coming soon”, but the email form still says “Send email to Ora Houston”.

Point being, I’m not ignoring that the contact information pages need to be updated: I’m just waiting on the city of Austin, and Travis County, and Congress, to get their acts together.

Posted in Admin, Austin, Politics | Comments Closed

Things I have been neglecting.

Friday, December 21st, 2018

I really haven’t been doing a good job of keeping up with APD firings.

It isn’t that I’m in the tank for the police department now that I’m doing the Citizen’s Police Academy stuff: I don’t feel like I am, and updating you on firings and other disciplinary actions is a good way to show that the department takes these things seriously.

The problem is more that I’m busier now, both personally and professionally, than I have been in quite a while. I’m not complaining, but it does cut into my blogging time. Heck, as you can see, I’m having trouble even keeping up with obits.

But: when someone in a command rank at a major metropolitan police department gets fired, I kind of feel like I have to take note of this.

Here’s the story from the Statesman.

Here’s the official memo from the chief.

I’m not going into details here because the story has a lot of salacious elements: if that’s your bag, you’re welcome to read the less detailed Statesman article or the much much more detailed disciplinary memo.

The gentleman in question plans to appeal, and his legal representative accuses the chief of “inserting himself into the private life and figuratively the bed” of the officer. I can sort of maybe see that point: there’s a lot of stuff in the memo about whether his behavior, even if there was consent involved, is a violation of the law.

BUT: it seems pretty clear to me from the memo that the gentleman in question also tried to hide information (left his cell phone at another person’s house, deleted videos) knowing he was under investigation. That’s a huge violation of department policy, and (in my humble opinion) justifies a firing by itself.

Posted in Austin, Cops, Law | Comments Closed

Austin politics.

Thursday, December 13th, 2018

So the run off election for city council members is over.

Sabino “Pio” Renteria is going to retain his place in District 3.

Natasha Harper-Madison is the new District 1 council person.

Paige Ellis is the new District 8 council person.

As I’ve said previously, I will be updating the City Council contact page, but it will be after the new members take office and I can get their information: I think that will be early January.

Posted in Austin, Politics | Comments Closed

Administrative note.

Wednesday, November 7th, 2018

I get a lot of hits on the contact information for Austin City Council members page.

Just so everyone knows, I will be updating that and the other contact pages, but not until after the new folks take office, which I think will be January.

Posted in Admin, Austin, Politics, Texas, Travis County | Comments Closed

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