Archive for the ‘Law’ Category

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Art (Acevedo), damn it! watch. (#AK of a series)

Tuesday, January 23rd, 2024

Art Acevedo is not taking the job in Austin. Repeat: Art Acevedo is not taking the job in Austin.

Acevedo notified Interim City Manager Jesús Garza Tuesday morning, following a firestorm about his appointment as an assistant city manager over the Austin Police Department (APD). On Tuesday afternoon, he posted a statement on X, the platform previously known as Twitter.
“It is clear that this newly created position has become a distraction from the critical work ahead for our city, the Austin Police Department, and the Austin Police Association,” Acevedo said in part, adding that he has always loved and admired the members of APD and, “as a long time member of their extended family, I will continue to support them in any way I can. Their well being has and will always [be] a priority for me, which is one of the reasons I have made this decision.”

I was actually surprised by the reaction to this, but haven’t had a chance to cover it. Many city leaders said, in essence, they felt bushwhacked by the decision and resented not being consulted.

“The biggest reaction, aside from surprise, is how does this make the Austin Police Department stronger and better,” Councilmember Ryan Alter, who represents a large portion of South Austin, told KVUE. “There were real problems that happened under his watch. To bring him back … Doesn’t honor the victims and the work that had to be done after he left.”

It was also particularly upsetting to victims of sexual assault. The city had a special apology ceremony this afternoon:

According to previous KXAN reporting, in 2016, an audit showed that APD lab technicians weren’t using proper techniques when calculating the odds of DNA results, potentially botching thousands of cases. The audit also found that evidence had been contaminated in at least one case and that lab technicians were using expired materials. The DNA lab closed in 2017.

The DNA lab problems, and the case mishandling, all took place under Chief Acevedo’s watch.

If we find out anything about what he’s doing next, we’ll post another Art Watch here. To be honest, we’re a little surprised he never got a position in the Biden administration…

Posted in Austin, Cops, Law, Politics | 3 Comments »

Art (Acevedo), damn it! watch. (#AJ of a series)

Saturday, January 20th, 2024

Seriously. I bet you never expected this item to come back around. I certainly didn’t.

But Art Acevedo is back in Austin, baby!

Doing what?

He will be paid $271,000 as an interim assistant city manager. Acevedo will supervise the Austin Police Department (APD) and serve as a liaison between APD and the city manager’s office. Interim City Manager Jesús Garza said he created the position and hired Acevedo for the job to help lead the department through staffing challenges and continued reform in the aftermath of community demands following the May 2020 protests, among other issues.

Excuse me, but aren’t the city manager and city council supposed to be supervising the Austin Police Department? Doesn’t the chief report to the city manager? Why do we need to pay $271,000 a year for another layer of bureaucracy?

“…lead the department through staffing challenges”? Is Art going to have the ability to authorize new academy classes on his own? Because that’s how you’re going to get through “staffing challenges”: by staffing the department.

The position does not require city council approval and received no public input. Garza said that is consistent with how he has hired other executives, some of whom he said are “people I know and have tapped to help see if they can do the work that needs to be done.”

Am I unreasonable in thinking that a new position that pays over a quarter of a million dollars a year, plus benefits, should be signed off on by the city council? Doesn’t this seem strange to anybody?

As a recap, since it has been a minute since I posted one of these: Art Acevedo was, until this week, the police chief in Aurora, Colorado. Somewhere in there was also a gig as a CNN commentator. The job in Aurora was, according to reports, “interim”.

In 2021, Acevedo was hired to lead the Miami Police Department in what became a tumultuous tenure. He referred to the “Cuban mafia” that controlled the city, igniting a firestorm, and was fired six months later.

Before that, he was the chief in Houston.

…where he marched with protesters after the death of George Floyd in Minneapolis and incorrectly blamed “radicals” from Austin for unrest there.

It was on his watch that HPD narcotics detectives murdered two innocent people.

Acevedo served as Austin’s police chief from 2007 to 2016 with mixed reactions. He achieved near-celebrity status, appearing on magazine covers and marching in parades and rallies, but also led the department during multiple controversial shootings that critics said showed a lack of cultural shift. Acevedo was often criticized for cultivating the limelight more than leading the department.

Posted in Austin, Cops, Law, Politics | 1 Comment »

Obit watch: January 8, 2024.

Monday, January 8th, 2024

Norby Walters, famous sports and entertainment agent. I wanted to note this for a few reasons:

Is it just me, or did he look an awful lot like Paul Shaffer?

Mr. Walters and Mr. [Lloyd] Bloom were convicted of mail fraud and racketeering in 1989. Mr. Walters was sentenced to five years in prison and Mr. Bloom to three, but neither served a day.
An appeals court reversed the racketeering convictions in 1990, ruling that the trial judge had not instructed the jury that the two men’s actions had been guided by their lawyers’ advice that the signings were legal.

Also:

In 1993, the mail fraud convictions were also overturned.
“Walters is by all accounts a nasty and untrustworthy fellow,” Judge Frank Easterbrook wrote in the 1993 ruling, “but the prosecutor did not prove that his efforts to circumvent the N.C.A.A.’s rules amounted to mail fraud.”

That’s Judge Frank Easterbrook, TMQ’s brother.

Mr. Bloom was shot to death at his home in Malibu, Calif., later that year.

…

From 1990 to 2017, he organized an annual Oscar viewing party, which he called Night of 100 Stars, in hotel ballrooms in Beverly Hills. It drew stars like Jon Voight, Shirley Jones, Charles Bronson, Eva Marie Saint and Martin Landau. He was also the host of a regular poker party at his condos in Southern California, where the regulars included Milton Berle, Bryan Cranston, Richard Lewis, Jason Alexander, James Woods, Charles Durning, Mimi Rogers and Alex Trebek.
“It was $2 a hand,” Robert Wuhl, the actor and comedian, said by phone. “So the most anybody lost was $250 and the most anybody won was $300 to $400. It was all about the kibitzing. Buddy Hackett would come to kibitz.”

You know, I’d probably put out $250 to sit at that table.

Joe D sent over a link to The Register’s obit for legendary computer scientist Niklaus Wirth, and Borepatch also ran an obit. I’ve had this in my back pocket for a few days, as I was hoping that a more mainstream source than El Reg would run an item.

Fred Chappell, author and former poet laureate of North Carolina. (Dagon, More Shapes than One) (Hattip: Lawrence.)

Cindy Morgan, actress. Other credits include “Beverly Hills Buntz”, “Mancuso, FBI”, and “She’s The Sheriff”.

Posted in Geek, Law, Movies, Obits, TMQ watch, TV | Comments Closed

Quick flaming hyenas update.

Thursday, January 4th, 2024

Mike the Musicologist sent me a text the other day mentioning that there’s a superseding indictment against Democratic Senator Robert “Buffalo Bob” Menendez.

This seems like reason enough to link the NYT: “What We Know About the Menendez Bribery Case”.

Posted in Law, Politics | Comments Closed

Crazy horse people update.

Tuesday, January 2nd, 2024

Crazy horse woman took a plea.

Tatyana Remley, 43, pleaded guilty on Thursday to a count of solicitation to commit murder stemming from an attempt to hire a person to kill her husband, Mark Remley. She also pleaded guilty to having a loaded, concealed gun that wasn’t registered to her, according to the San Diego County District Attorney’s Office.

As part of the plea, she’s taken a stipulated sentence of three years and eight months, but it isn’t clear to me if she has a chance at parole or some other form of early release.

Posted in Bagatelle, Horses, Law | Comments Closed

Go big or go home.

Friday, December 8th, 2023

I have written advice to those with a crooked bent before. I don’t advocate stealing or other criminal activity, but if you’re going to do it, steal big. Don’t throw away your life for some candy bars or a case of scotch. Steal enough money so you can live out the rest of your life comfortably in a country with no extradition treaty with the United States.

Two recent examples of people who followed this advice:

Amit Patel is a former office employee with the Jacksonville Jaguars. He was fired in February, and was charged this week with embezzling $22,221,454.40 from the team.

The filing alleges that Patel became the sole administrator in October 2019 of the Jaguars’ VCC program, which is a payment method that functions like a traditional credit card account but without a physical credit card. Certain employees were allowed to use the VCC program for business-related purchases and expenses. Patel is accused of duplicating legitimate expenses in an electronic ledger, inflating amounts of legitimate transactions and entering fictitious transactions, and then using the money for personal purchases.

Those personal purchases allegedly include “a condominium in Ponte Vedra Beach, a Tesla Model 3 sedan, cryptocurrency, chartering private jets, luxury hotel stays, a country club membership and luxury wrist watches.”

While Mr. Patel is, of course, innocent until proven guilty in a court of law, his attorney says he has a gambling addiction and was betting at FanDuel and DraftKings.

“approximately 99% of the misappropriated funds” were related to gambling losses.

By the way, NFL policy prohibits team employees from sports betting. I think NFL policy also prohibits embezzling $22 million from your team, but I don’t have a pointer to that section of the policy.

(Hattip to Lawrence on this, though I’m using a different link.)

Janet Yamanaka Mello was a civilian employee of the United States Army, working at Fort Sam Houston (down in San Antonio). She’s been charged with embezzling $100 million from the military 4-H program.

The alleged scheme took place while Mello worked for the Army as a civilian financial program manager at Fort Sam Houston. As part of her job, Mello determined whether 4-H Military Partnership Grant program funds were available for organizations that applied. Her supervisor would approve the funding award which she would sign off on and send to the Defense Financial Accounting Service. The service would cut and mail a check to the appropriate organization.
As part of Mello’s alleged scheme, she directed the funds to be sent to a UPS Store mailbox near San Antonio which she rented. Mello allegedly deposited the check into her own bank account.

Again, Ms. Mello is innocent until proven guilty in a court of law.

Posted in Law, NFL, Sports | 1 Comment »

Obit watch: December 1, 2023.

Friday, December 1st, 2023

Sandra Day O’Connor, a good El Paso girl (thanks, Rich!). WP.

You know who writes really good obits? Murray Newman writes really good obits, thought it probably helps that his obits are for people he knew personally. Anyway, he put up another excellent one for former Harris County DA Chuck Rosenthal, who passed away November 23rd. I have not seen this reported elsewhere.

The Remington plant in Ilion, New York. My brother forwarded some tweets yesterday, and Mike the Musicologist found press coverage, but I prefer the Outdoor Life link.

The Ilion plant had been making guns since 1828. I have seen references (but can’t back them up) to this being the oldest continuously operating manufacturing plant making the same product in the United States. At the time of the announcement, they were making the Remington 870 shotgun and the Model 700 bolt-action rifle.

Remington (well, the new “RemArms, LLC”, which is one of the parts that emerged from bankruptcy) is moving all of their production to their new facilities in Georgia, and plans to shut down the plant in March of next year. However, the tweets my brother sent over were from people who said they’d already been laid off.

Frankly, this doesn’t surprise me, though I feel bad for the people who get fired right before Christmas. (Been there, done that, got the t-shirt.) New York is consistently hostile to firearms, so moving everything out of there seems like a good decision. It also sounds like a lot of the equipment is old and needs replacement or refurbishment. I’m surprised that they apparently aren’t offering Ilion employees jobs and relocation allowances to move to Georgia, but the linked article says the employees were represented by the United Mine Workers of America. That could have been another factor: move to Georgia and get cheap non-union labor. (Hi, Lawrence!)

It should be interesting to watch this play out. I’m wondering if Remington also plans to move their museum to Georgia as well.

Posted in Guns, HCDA, History, Law, Obits | Comments Closed

What to do? What. To. Do?

Friday, November 17th, 2023

I could do three, maybe four, very short posts covering and updating about various news items.

Or I could do one post hitting all of those items, even though it wouldn’t be as organized as doing multiple posts. But it’d just be one post, and maybe slightly more substantial. So one post it is.

Obit watch: A.S. Byatt, noted British author (Possession).

George Brown, drummer for Kool & the Gang.

Non-flaming non-hyenas watch: Mike the Musicologist sent over a link (but I’m using the Post‘s instead) stating that the gun charges against NYC Councilwoman Inna Vernikov are going to be dropped. Turns out that her gun was unloaded and also missing the recoil spring assembly, so it couldn’t be fired.

“In order to sustain this charge, it must be proven beyond a reasonable doubt that the weapon in question was capable of firing bullets,” Brooklyn DA spokesman Oren Yaniv said in a statement. “Absent such proof, we have no choice but to dismiss these charges.”

This actually makes me feel less sympathetic to her. It seems like she was carrying the gun as a prop, not because she felt a need for protection. And that doesn’t strike me as being very smart.

Firings watch: Chris Partridge, linebackers coach at the University of Michigan. This does seem to be tied to the ongoing scandal.

There are somewhat more than hints in that article and this one that UMich has found out some things about what’s been going on that are causing tsuris.

Sources told ESPN that university leadership this week has shifted its tone from the stern rebuke of the league’s sanctions to a growing acceptance that the football program may be dealing with significant NCAA infractions that could include a failure to properly monitor the program on Harbaugh’s part.

Posted in Books, Firings, Guns, Law, Music, Politics, Sports | 1 Comment »

Obit watch: November 14, 2023.

Tuesday, November 14th, 2023

Michael Bishop, one of the great SF writers of our day. Lawrence sent over a Facebook link from Asimov’s, and Michael Swanwick has a very nice obit on his blog.

I had the privilege of meeting Mr. Bishop in person twice, once at a signing in Houston and the other at an Armadillocon (back in the day when I was still going to those). He always treated me with a great deal of kindness, which surprised me. But I guess it shouldn’t have: the word everyone seems to use when describing Mr. Bishop is “kind”. I think I made him smile when I brought breakfast tacos for an 8 AM Sunday morning science fiction poetry panel.

I didn’t know (as Mr. Swanwick points out) that he was a “sincere Christian”. We never got to the point where we talked about religion. But I think I’m going to ask my people to say a prayer for the repose of his soul Sunday morning. He was a good man. I liked his writing, and his passing leaves a hole in the world.

Officer Jorge Pastore of the Austin Police Department. He was killed during a SWAT standoff Saturday morning. Two apparent hostages and the suspected shooter also died in the incident.

Pastore’s passing was one of three deaths in total for the Austin Police Department over the weekend.
Two other officers died in separate incidents, one retired officer in a car crash and another officer died by suicide.

Peter Seidler, chairman and controlling owner of the San Diego Padres.

Posted in Books, Cops, Law, Obits, Sports | 2 Comments »

You’re going down in flames, you tax-fattened hyena! (#112 in a series)

Friday, November 10th, 2023

Still on the road, with limited time to blog, but: Marilyn Mosby convicted of two counts of perjury. (Previously.)

In the indictment, prosecutors accused Ms. Mosby of falsely claiming financial hardship tied to the coronavirus pandemic to withdraw money from her city retirement account. While typically a person cannot withdraw money from this type of account until retirement, the CARES Act permitted withdrawals for “adverse financial consequences” tied to the pandemic, such as the loss of a job or reduced work hours.
In 2020, Ms. Mosby requested funds totaling $90,000 from her retirement account, indicating on federal forms that she had been facing financial hardship. But government prosecutors said that Ms. Mosby was not eligible for the disbursements. Instead, payroll documents showed that, in her job as Baltimore City state’s attorney, Ms. Mosby continued to collect an annual salary of nearly $250,000 during the pandemic and had no reduction of her work hours. Prosecutors said that Ms. Mosby used the money to fund down payments for vacation homes in Florida.

She’s facing a second trial on fraud charges related to statements in the mortgage loan applications for the vacation homes.

Posted in Law, Politics | Comments Closed

Obit watch: October 26, 2023.

Thursday, October 26th, 2023

I’m not a big fan of posting obits for children of celebrities just because of their relationship. Generally, when I post one, the person has to be interesting for some other reason.

Rock Brynner, whose life as a road manager for the Band, bodyguard for Muhammad Ali, farmer, pilot, street performer, novelist and professor of constitutional history overshadowed what, for a lesser mortal, might be a more than sufficient laurel on which to rest — he was the son of the actor Yul Brynner — died on Oct. 13 in Salisbury, Conn. He was 76.

I think that qualifies. Also, someone close to me called out the paper of record’s use of the word “peripatetic“. I personally think that’s a perfectly cromulent word, and, much like “gargantuan“, is one that I rarely have an opportunity to use in a sentence.

Murray Newman has a very nice obit up for Skip Cornelius:

From his fellow members of the Defense Bar to the Prosecutors who handled cases against him to pretty much all of the Judges he practiced before, Skip was the Gold Standard of what it meant to be a lawyer practicing indigent defense.

…

He was so good at everything he did and he was so good in trial. As news of his passing spread, former prosecutors shared stories of their whale cases against Skip where he somehow kept the juries out for hours and hours. His name rarely made the news but he was most definitely the lawyer that all of the other lawyers knew and respected. He was a subtle, but commanding presence in the courtroom. He was serious but also had an outstanding dry sense of humor. He was confident and steady in all of his cases and there wasn’t a prosecutor born that rattled him.

Posted in Law, Obits | Comments Closed

Obit watch: October 23, 2023.

Monday, October 23rd, 2023

Bobby Charlton, English soccer player. He was 86.

Charlton was famed for his bullet shot and his relentless goal scoring, even though he did not play as a traditional striker. He was England’s top scorer, with 49 goals, for 45 years until Wayne Rooney beat the mark in September 2015. Charlton was also Manchester United’s top scorer for decades, with 249 goals in 758 appearances over 17 years, until Rooney surpassed that figure, too, in January 2017.

Worthy of note: he was also a survivor of the 1958 Manchester United plane crash.

Elaine Devry, actress. Other credits include “Project U.F.O.”, “The Boy Who Cried Werewolf”, “Cannon”, and three appearances on the 1960s “Dragnet”.

Vincent Asaro, mobster. Readers of this blog with an excellent memory may recall that he was charged in the 1978 Lufthansa robbery…and was acquitted in 2015. However, he was convicted in 2017 of having a guy’s car set on fire. He got eight years for that, but was released in 2020 for “health reasons”.

Posted in Law, Obits, Planes, Sports, TV | Comments Closed

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