Archive for the ‘Law’ Category

Obit watch: November 11, 2022.

Friday, November 11th, 2022

Paul Morantz, lawyer.

He specialized in “taking on cults, abusive psychotherapists and self-proclaimed gurus”.

Mr. Morantz made his name taking down one such movement, Synanon. It had begun as a last-chance drug rehabilitation program in the late 1950s but had, by the early ’70s, become an insular, oppressive organization under its founder, Charles Dederich.

Synanon and Mr. Dederich were known for using violence against their enemies, even in minor run-ins. In 1977, a group of Synanon thugs pistol-whipped a truck driver who had cut off their vehicle on a highway. Mr. Dederich even kept an elite squad of enforcers that he called the Imperial Marines. Mr. Morantz would become one of their targets.
On Oct. 10, 1978, he met with police officers to discuss next steps against Synanon, then hurried back to his home in the Pacific Palisades neighborhood to catch the Los Angeles Dodgers and the New York Yankees play game one of the World Series.
As he walked in the door, he reached his left hand into his mailbox. As he did, he noticed a dark, lumpy shape. He didn’t have time to pull back before the object, a four-and-a-half-foot diamondback rattlesnake, bit him on his wrist.

He survived the bite. Two Synanon members were charged with attempted murder. Mr. Dederich was charged with conspiracy to commit murder.

The judge, calling the attack on Mr. Morantz an “aberration,” went easy on the two assailants, owing, he said, to the group’s history of helping addicts. Each was sentenced to a year in prison, while Mr. Dederich received five years’ probation.

Very brief update.

Thursday, November 3rd, 2022

Former Santa Clara County Sheriff Laurie Smith: Guilty on every count.

You’re going down in flames, you tax-fattened hyena! (#98 in a series)

Wednesday, November 2nd, 2022

Good news, everyone!

Santa Clara County Sheriff Laurie Smith resigned Monday morning.

You may remember that former Sheriff Smith was indicted by a civil grand jury last December on corruption charges. You may also remember that those corruption charges (mostly) involved her issuing concealed carry permits to large campaign contributors.

What you may not know (and I missed it too) is that the corruption trial is going on right now, and the jury is actively deliberating whether she should be removed from office. Obviously, the fact that she’s resigned sort of takes the air out of the jury deliberations.

Which seemed to be part of her evil plan:

But in court Monday afternoon, her attorney, Allen Ruby, asked the judge in the corruption trial to dismiss the charges against Smith, arguing the primary penalty she faces — removal from office — is now meaningless since the jury cannot oust Smith from a job she no longer holds.

Except it didn’t work:

A judge has ruled that the civil corruption trial for Santa Clara County Sheriff Laurie Smith will continue even after Smith suddenly resigned Monday and asked the court to dismiss the case now that she can’t be kicked out of office.

Fineman’s response to the arguments highlighted the lack of precedent for removal-from-office trials spurred by a civil grand jury; the only other one in known memory in the South Bay was in 2002 when a Mountain View city councilmember was ousted. The trial is conducted in the same structure of a criminal trial and adheres to a reasonable doubt standard for guilt, but is held in civil court. Fineman is presiding because the local judiciary recused itself, and the county also recused itself, which is why the prosecution is headed by Markoff, a San Francisco assistant district attorney.

Markoff and Ruby also sparred over the collateral consequences of not allowing a verdict to be reached. Fineman and Markoff mentioned pension implications and eligibility to hold office in the future.
That touched on another ambiguity by the hybrid standing of the trial. A 2013 law penalizes a public official’s pension benefits if they are found guilty of a felony corruption crime, and bars them from holding public office again. Both Fineman and Markoff discussed how the law might apply because some of the current trial counts allege criminal elements.

A guilty verdict on any of the counts would prompt the court to expel Smith from office two months before her previously planned retirement, at the end of her sixth term in January. Her resignation undercut the trial, now in its final stages, by effectively removing its stakes and throwing into question whether the jury should be allowed to reach a verdict.
Both legal observers and Smith’s critics suspected that was a strategic move for her legacy, since an aborted trial means she can’t be formally cast in the public record as a corrupt public official thrown out of office for wrongdoing.

It isn’t clear to me: if she resigns and then is found not guilty, can she run again for the same office in the next election? If she is found guilty, is she barred from running for that office again? For any office in California?

As noted above, there’s not a lot of precedent for this. It does seem, based on the article quoted above, that it is very likely she will be found guilty of at least one charge:

Larsen and other experts nitoring the trial also believed the resignation was influenced at least in part by Smith and her attorney’s anticipation that jurors would come back with a guilty verdict on at least one of counts she was facing. Three of the counts were relatively cut-and-dry, asking jurors to decide if she accepted a San Jose Sharks luxury suite — which violates gift limits for public officials — and if she intentionally masked the suite use by buying cheaper tickets for the same game. Detailed and direct testimony from Smith’s staff seemingly confirmed those allegations.

(Hattip: Mike the Musicologist.)

Memo from the police beat.

Monday, October 17th, 2022

Two really weird crime stories from the past few days.

1. Four bicyclists went missing in Oklahoma last week.

Later in the week, police pulled human remains out of a river.

Police on Monday confirmed that the bodies pulled from an Oklahoma river last week were the four missing bicyclists — and revealed that the men had been shot and dismembered while on their way to commit a crime.

“We believe the men planned to commit some kind of criminal act when they left the resident on West 6th Street,” Prentice told reporters.
“That belief is based on information supplied by a witness who reports they were invited to go with the men to ‘hit a lick’ big enough for all of them,” he said, using slang for obtaining money illegally.

It is a shame that Big Don Westlake is dead, as this sounds like something out of a Parker novel.

2. The Mad Midnight Bomber What Bombed at Midnight was a cosplayer. And a sex offender.

An Ohio cosplayer pleaded guilty Wednesday to planting a bomb at a perceived romantic rival’s house in Maryland, which nearly killed the recipient and caused more than $45,000 in damage to the home.

The victim, identified in court documents as NK, suffered serious injuries. He and his girlfriend, identified as SB, were members of the “Dagorhir” gaming community along with McCoy.
The game is described as “a live-action roleplaying (LARP) battle game” involving medieval costumes and mock combat with prop weapons.
McCoy approached SB over Discord and confessed his romantic feelings for her. She turned him down, reminding him she was dating NK. So McCoy built a homemade bomb, gift-wrapped it and dropped it off at NK’s doorstep, according to the U.S. Attorney’s Office for the District of Maryland.
He researched how to build it, bought materials in cash from multiple stores to conceal his efforts, and ultimately built a package bomb that he placed inside a shipping box, which he drove to the victim’s house himself, according to prosecutors.

The bomber seems fairly clever. But not clever enough: they got DNA, they got location data from his cellphone, and they got video from a neighbor’s doorbell camera.

McCoy faces up to 20 years in prison for transporting explosives with intent to injure and 10 years for possession of an unregistered explosive device at his sentencing, which has not yet been scheduled.

Obit watch: October 14, 2022.

Friday, October 14th, 2022

Robbie Coltrane. THR.

He wasn’t someone whose work I have a lot of familiarity with, though I’ve heard good things about “Cracker”. Other credits included some “Blackadder”s, “The Pope Must Diet”, Falstaff in “Henry V”, and “Frasier”.

Dr. Vincent DiMaio, forensic pathologist. He was the chief medical examiner of Bexar County (which covers San Antonio) from 1981 to 2006. In that capacity, he testified for the prosecution against Genene Jones, who was convicted of killing a 15-month-old baby, and may have killed up to 60 other children.

Dr. DiMaio, who had been a medical examiner in Dallas from 1972 to 1981, was later called on to look into allegations that President Kennedy’s assassin was not Lee Harvey Oswald but a look-alike whom Soviet officials had trained to assume his identify. Michael Eddowes, a British lawyer and restaurateur, had made the allegations in a 1975 book, “Khrushchev Killed Kennedy,” which he published himself.
After the author persuaded Oswald’s wife, Marina, to have his body exhumed in 1981, Dr. DiMaio was recruited to help examine the remains. But his team quickly debunked the theory, confirming through forensic dentistry that the physical characteristics of the man buried as Oswald matched those on Oswald’s passport and his Marine Corps records.

As a private consultant, he also worked with the authors Gregory White Smith and Steven Naifeh and came to the belief that Vincent van Gogh’s death was murder, not suicide. He also testified for the defense in the George Zimmerman trial.

He also wrote four books: Morgue: A Life in Death (with Ron Franscell) was nominated for a “Best Fact Crime” Edgar award. (The NYT says it won, but the Edgar Awards database says The Wicked Boy: The Mystery of a Victorian Child Murderer by Kate Summerscale was that year’s winner.)

He could bring firsthand experience to his expertise in gunshot wounds: He himself had survived being shot four times by his second wife in a fit of anger. They divorced.

Bernard McGuirk, Don Imus’s producer.

Obit watch: October 6, 2022.

Thursday, October 6th, 2022

Kitten Natividad, Russ Meyer star. (Alt link.)

Mr. Meyer also fell for Ms. Natividad, who was married at the time, and they began a relationship that lasted for the rest of the 1970s. And he made her the star of his next movie, which would be his final feature film: “Beneath the Valley of the Ultra-Vixens” (1979).
The movie is often described as Mr. Meyer’s riff on “Our Town” — for instance, it employed an onscreen narrator named “The Man From Small Town U.S.A.” Ms. Natividad plays a woman whose husband’s preoccupation with anal sex leaves her sexually frustrated.
Critics didn’t have much good to say about the movie, which Mr. Meyer wrote with Mr. Ebert.
Gene Siskel of The Chicago Tribune, Mr. Ebert’s television partner on the film review show then known as “Sneak Previews,” wrote that Mr. Meyer’s “Vixen,” released in 1968, had been “an enjoyable nudie film because it featured the first joyfully aggressive woman we’d seen in a skin flick.” But he added, “Meyer hasn’t grown up in 10 years; if anything, he’s deteriorated.”

In 1973 she won the Miss Nude Universe title in San Bernardino, Calif.
She was dancing at the Classic Cat, a club in Hollywood, when a fellow dancer, Shari Eubank, who had starred in the 1975 Meyer film “Supervixens,” suggested she introduce herself to the director. She is said to have done so by poking him in the back with her bare breasts.

After Mr. Meyer’s career died out, Ms. Natividad appeared in numerous other movies, including some hard-core pornography, and had small parts in “Airplane!” (1980), “My Tutor” (1983) and a few other mainstream films.

IMDB, probably not safe for work. (In case you were wondering: “Bouncy Topless Woman on Plane (uncredited)”. Also “Airplane II” as “Woman in ‘Moral Majority’ Shirt (uncredited)”.)

Laurence Silberman, noted judge and legal scholar. Lawrence sent over a nice obit from the Volokh Conspiracy.

Leonard, Part (N).

Friday, September 23rd, 2022

I’ve lost track at this point, but a quick Fat Leonard update.

He’s been caught.

In Venezuela.

The U.S. government faces an uphill challenge returning the fugitive back to American soil. The U.S. government doesn’t recognize Nicolas Maduro’s socialist government, has no embassy in the country and has imposed crushing sanctions on the country that has further embittered relations. Law enforcement cooperation between the two countries is rare.

And according to this story, he was trying to get to Russia.

The official said Francis intended to board a plane to the Venezuelan Caribbean Island of Margarita, which Venezuela wants to turn into a popular destination for Russian tourists because of its pristine beaches accessible by ferry or flights from the mainland. The government said last month it plans to offer five flights a week between Margarita and Moscow starting Oct. 1. Signs in Russian can already be seen at the island.

Obit watch: September 23, 2022 (supplemental).

Friday, September 23rd, 2022

Senior Austin Police Department Officer Anthony “Tony” Martin passed away this morning.

According to news reports, he was returning home from work when he hit a car that turned left in front of him.

The Austin Police Honor Guard says Martin had been with APD since 2006, and during his career served in a variety of assignments including on patrol, Motors, and DWI units. He is survived by his wife Amberlee, a son, two daughters, and one granddaughter.

Historical note. Parental guidance recommended.

Wednesday, September 14th, 2022

100 years ago today, in the evening on September 14th, 1922, Edward Hall and Eleanor Mills were murdered. Their bodies were not discovered until the morning of September 16th, but they were last seen on the evening of the 14th and it is believed they were murdered that night.

Edward Hall was an Episcopal priest in New Brunswick, New Jersey. He was married to Frances Hall (Stevens). Eleanor Mills (Reinhardt) was married to James Mills and was a member of the choir at Reverend Hall’s church. Her husband was the church’s sexton. Their bodies were found together:

The bodies appeared to have been positioned side by side after death. Both had their feet pointing toward a crab apple tree. The man had a hat covering his face, and his calling card was placed at his feet. Torn-up love letters were placed between the bodies.

Both had been shot: Rev. Hall once, Mrs. Mills three times. Mrs. Mills also had her tongue and vocal chords cut out, though apparently that was not noticed until an autopsy was done…four years later.

A police officer at the scene noticed that the woman’s throat had been severed, and maggots were already in the wound, indicating the death occurred at least 24 hours earlier.

This was, to put it mildly, a frigging circus. Rex Stout is quoted as stating the investigation showed “a record of sustained official ineptitude, surely never surpassed anywhere.” (Stout, of course, passed away before the OJ trial.)

There was a question of jurisdiction between Somerset County and Middlesex County, as the site where the bodies were discovered was right on the boundary between the counties. The police were very much in “Crowd control? What’s that?” mode: the crowd trampled the scene, walked off with possible evidence, and even stripped a tree completely of bark looking for souvenirs. According to Bill James, “The scene where the murders occurred was mobbed by so many people that eight to ten vendors set up tents on location, selling popcorn, peanuts, candy and soft drinks to the Lookie Lous.”

(In fairness to the local police, not only did the dispute over jurisdiction throw a wrench in the works, but at that point in history, the number of people who knew how to properly secure and investigate a crime scene, even by 1922 standards of “investigation”, would probably fit in a small auditorium at best. Forensic investigation was not a well developed science at that time. And I should probably write a longer piece on American Sherlock and 18 Tiny Deaths one of these days.)

The prevailing theory of the case seems to have been that Francis Hall, her two brothers (Henry and William or “Willie”), and one of her cousins, Henry de la Bruyere Carpender, committed the murder, though who did what when and to whom isn’t known. The supposed motive, of course, was the obvious one: Hall and Mills were intimate, and one of their spouses found out.

It isn’t 100% clear to me why Mr. Mills wasn’t suspected, and Bill James makes a good case for him as an alternative suspect. The letters were from Mrs. Mills to Rev. Hall, but according to James, they were written but never mailed. There’s a general suspicion that Mr. Mills knew his wife was having an affair, but liked his job, and liked the money he was getting from the Reverend. Francis Hall came from a pretty well-off family, and the theory is that Rev. Hall married her more for money and status than love.

There seems to be something awfully personal about the violence directed at Mrs. Mills, which could imply an angry husband. Or, alternatively, a wife angry at her husband’s mistress. If it is true that the letters were never mailed, it seems that Mr. Mills is the only one likely to have had access to them, though there is a theory that Mrs. Mills brought them to the rendezvous to give to her lover. (The letters were, supposedly, written to Rev. Hall while he was away on vacation.)

There is also a third theory that the murders were actually the result of a robbery gone bad. This can’t be ruled out, as a significant amount of cash ($50 in 1922 dollars) and a gold watch were missing from Rev. Hall’s body. On the other hand, the investigation was so badly botched, nobody knows if the watch and money were taken by robbers, or walked off with by one or more of the Lookie Lous.

There was a grand jury investigation in 1922, but no indictments were returned. However, the New York Daily Mirror, a good Hearst newspaper, kept on the case and managed to get it re-opened in 1926. This time the grand jury indicted Mr. Carpender, Henry and William Stevens, and Mrs. Hall. Henry Carpender asked to be tried separately: his request was granted, and he was never tried.

From the accounts I’ve read, it was a pretty colorful trial: if you enjoyed OJ, you would have loved this one. Instead of Kato, there was the “Pig Woman”, so called because she had a farm with pigs near the crime scene. Also, she is (cruelly, in my opinion) described as “kind of looking like a pig”.

To quote Bill James again:

Mrs. Hall’s brother Willie, a defendant in the subsequent trial, became so famous that his peculiar looks and odd hair would be a touchstone of common reference for people of that generation. A writer of the 1920s would say that a person “looked something like Willie” and people would know that that meant Willie Stevens, just as a 1990s writer might say that somebody “looked a little like Kato”.

(“Willie was a colorful character on the witness stand, delivering credible and not unsympathetic testimony. He was incapable of holding a job and spent most of his time hanging out at a local firehouse. Although the condition had not yet been clinically described during his lifetime, Willie’s eccentric personality was consistent with high-functioning autism, although no conclusive diagnosis can be made.”)

Francis, Henry, and William were all acquitted. Mrs. Hall sued the Daily Mirror for defamation, and settled out of court.

And this would have gotten completely past me if it weren’t for a guy named Joe Pompeo, who has a new book out this week: Blood & Ink: The Scandalous Jazz Age Double Murder That Hooked America on True Crime (affiliate link). And tied to that, two articles: an excerpt in CrimeReads, and a second article in the New Yorker mostly focused on the magazine’s coverage of the trial. (The New Yorker was just a year old at the time of the trial: Morris Markey did the coverage.)

(Other folks who covered the trial: Damon Runyon, Mary Roberts Rinehart, H. L. Mencken, and Billy Sunday.)

To be honest, Mr. Pompeo’s book is getting so much press coverage that I’m suspicious. But the Hall-Mills case is a forgotten and fascinating period murder that hasn’t been written about in quite a while, and if he got a good book out of it, so be it.

Wikipedia entry. I know I plug this book a lot, but, yes, there’s a good write-up in Popular Crime. Really, you could do a lot worse than to buy a copy of the James book just to have around as a reference whenever someone mentions a case you’ve never heard of.

Fatal Tryst: Who Killed the Minister and the Choir Singer? appears to be out-of-print and out of control. I’m hoping that Mr. Pompeo’s book is a more than acceptable replacement.

Wikipedia also mentions The Minister and the Choir Singer by William Kunstler (yes, that one) which I actually own a copy of but haven’t read. James sort of likes the book, but dismisses Kunstler’s theory of the crime. I am inclined to agree based on the summaries I’ve read. (Since Wikipedia and Bill James spoil it, I’ll do so as well: Kunstler’s theory of the case is…the Ku Klux Klan did it.)

This is a really fun article from The Journal of the Rutgers University Libraries by Mary S. Hartman, “The Hall-Mills Murder Case: The Most Fascinating Unsolved Homicide in America“, which also provides a good summary of the case.

One juror admitted afterwards that he would stay there thirty years rather than to convict anyone on the evidence the pig woman gave.

Henry de la Bruyere Carpender died in 1934. Henry Stevens died in 1939. Frances Stevens Hall died in 1942, as did Willie Stevens. James Mills apparently died in 1965. The murders remain unsolved.

Obit watch: September 14, 2022.

Wednesday, September 14th, 2022

Ken Starr.

For a time, Mr. Starr was a household name, and his investigation into Mr. Clinton’s affair with a former White House intern, Monica S. Lewinsky, propelled issues of sex, morality, accountability and ideology to the center of American life for more than a year.
He became a Rorschach test for the post-Cold War generation, a hero to his admirers for taking on in their view an indecent president who had despoiled the Oval Office, and a villain to his detractors, who saw him as a sex-obsessed Inspector Javert driven by partisanship. His investigation tested the boundaries of the Constitution when it prompted the first impeachment of a president in 130 years and scarred both Mr. Clinton’s legacy and his own.

He went on to serve as dean of the Pepperdine University’s law school in California and as president of Baylor University, but was demoted and later resigned from Baylor after an investigation found that the university had mishandled accusations of sexual assault against members of the football team. The investigators rebuked the university leadership, saying it had “created a perception that football was above the rules.”
Mr. Starr also drew criticism for representing the billionaire financier Jeffrey Epstein when he was accused of sex crimes against young girls in Florida and eventually made a plea agreement accepting only minor charges and a light sentence.

Borepatch.

Irene Papas. THR. Other credits include “Z”, “The Guns of Navarone”, “We Still Kill the Old Way”, and “Captain Corelli’s Mandolin”.

You’re going down in flames, you tax-fattened hyena! (#97 in a series)

Thursday, September 8th, 2022

Jeff German was a reporter for the Las Vegas Review Journal. He specialized in investigative reporting, and was apparently quite well regarded by his peers.

I say “was” because Mr. German was stabbed to death on Friday. Mike the Musicologist sent me a tweet from some Twitter rando claiming that Mr. German’s latest investigative reporting was on the Oathkeepers.

Robert Telles is the “public administrator” for Clark County. According to the Clark County webpage:

Rob’s primary focus is to ensure that the CCPA serves the community as best as possible. Under the current administration, safeguarding and customer service performance have been increased significantly according to the statistical data provided on the CCPA website. Further, the CCPA now objects to many probate court matters where families are at risk.

It isn’t exactly clear to me what the “public administrator” does, but it is an elected position. Mr. Telles (who is a Democrat) lost the primary election for the position in June. He apparently blamed his loss on Mr. German, who had done a series of investigative pieces on Mr. Telles’s management of the office:

Reporting from May included allegations from former employees that Telles created a hostile work environment and had an “inappropriate relationship” with a staffer. There were also accusations of bullying and favoritism.

Yesterday, the police searched Mr. Telles’s home. Shortly afterwards, Mr. Telles was arrested and charged with “suspicion of murder”.

Not really sure what I can say here. Seems tragic that a reporter got stabbed for doing his job, especially when it was apparently a politician who’d already lost his own job. What did he think he was going to get out of killing a reporter? His old job back? Or was he just a bully who thought he could get away with killing someone who crossed him?

Considered innocent until proven guilty, yadda yadda, but it’ll be interesting to see this one play out.

Edited to add: More from Reason. I haven’t quoted from the Review-Journal at all because that outlet is totally unreadable without a subscription, even in incognito mode.

CleCon!

Tuesday, September 6th, 2022

That’s Cleveland content, for my peeps in Ohio.

Daniel Stashower (The Beautiful Cigar Girl) has a new book out: American Demon: Eliot Ness and the Hunt for America’s Jack the Ripper, about the Cleveland Torso Murders.

He also has a good piece up at CrimeReads tied to the book and his family history in Cleveland. I had no idea he was a good Cleveland boy.

I’m probably going to wait to buy this one, but that has nothing to do with Mr. Stashower, and more to do with the fact that I’ve read a fair amount about Eliot Ness and the hunt for the torso murderer. That includes a good write-up in Bill James’s Popular Crime and (I think) the original version of In the Wake of the Butcher: Cleveland’s Torso Murders.

On the lighter side, Field of Schemes has a good piece up on the quest for a new Browns stadium:

You have time and resources to call a ton of people and interview them for a story about the local sports team’s potential $1 billion-plus stadium ask, and to talk to at least one of them for 25 minutes according to the story, and you choose to call: Three former city officials, one of whom has also worked for the Browns; three broadcasters who work for the Browns or a fellow Cleveland sports team; two real estate brokers; and two restaurateurs.

As I’ve said before, FoS runs a little left for my taste, but the one thing we agree on is opposition to giving money to sports teams.

(For the record, my Cleveland relatives who are sports fans informed me that they have given up on the Browns this year, as they are completely disgusted with their handling of the Watson debacle. I think this also means I can make jokes about the Browns without feeling guilty.)

This is stretching the definition of “Cleveland content” a little bit: Cedar Point is about an hour from Cleveland, but that’s close enough that a good number of Clevelanders go there. Anyway, Cedar Point is shutting down the Top Thrill Dragster coaster.

The Top Thrill Dragster gained fame for reaching speeds of 120 mph in just 3.8 seconds…
At the time it opened in 2003, it was the tallest and fastest roller coaster in the world. But it was later eclipsed by the Kingda Ka ride at Six Flags Great Adventure in New Jersey.

The coaster had been closed since last August, after a woman was badly injured. Top Thrill Dragster entry on Wikipedia.