Archive for November, 2011

Hall monitor.

Thursday, November 3rd, 2011

We’ve mentioned Laura Hall, the Happy Hacker, before.

Seems as if she was up for parole again…and got turned down again.

Time sure flies, doesn’t it? Except maybe if you’re spending time in prison for helping your boyfriend cut up a body. I bet it just creeps along in that case.

Burn it to the ground and start over. (Part 2)

Thursday, November 3rd, 2011

Officer Karl F. Thompson Jr. of the Spokane, Washington police department was convicted in Federal court yesterday of civil rights violations and obstruction of justice.

What did Officer Thompson do? He confronted a man named Otto Zehm in a convenience store. I apologize for the length of this excerpt, but I want to give you a full picture.

Prosecutors said Thompson was acting on a vague report from some teenagers who had seen Zehm behaving in an odd manner at a nearby ATM. They said they weren’t sure whether any money had been taken. It turned out Zehm was probably trying to figure out how to cash his paycheck, which was found in his pocket.

Security video from the convenience store introduced at trial showed Thompson running into the store and drawing his baton as he ran at Zehm from behind. Witnesses testified that Zehm appeared to be unaware that anyone was approaching him as he picked up the soda to purchase.

Less than 2.5 seconds after Zehm turned to see Thompson running toward him, the police officer delivered two baton blows to his head, knocking him backward to the floor, according to the prosecution and witness testimony.

“Witnesses testified that Thompson then stood over the victim and fired Taser probes down into [his] chest as he was in the fetal position on the floor beneath him,” the prosecution said in a statement. “The victim never returned to his feet, but Thompson continued to deliver overhand baton blows, including a final flurry of seven baton strikes in eight seconds.”

Several other officers arrived as backup, and Zehm was hogtied on the floor, his face covered by a plastic mask, purportedly to keep him from spitting at the officers, according to court documents. Within minutes, he stopped breathing. He was revived and hospitalized but never regained consciousness. He was pronounced dead two days later. The cause of death was lack of oxygen to his brain.

Let me repeat that. Thompson hit Zehm twice in the head, knocked him to the ground, tased him while he was down and in a fetal position, and then hit him seven times in eight seconds while he was down and in a fetal position.

But wait! It gets better!

Store security videos contradicted Thompson’s version of the encounter, but Spokane police detectives still cleared him of any criminal wrongdoing and Spokane City Hall continued to back his version of events even as evidence mounted to the contrary.

The FBI later opened its own investigation, leading to grand jury indictments against Thompson in 2009 on charges of excessive force and lying to investigators. Spokane City Hall continued to back Thompson’s version of events, even after learning that Assistant Chief Jim Nicks told federal investigators that Thompson had violated department policy in the encounter with Zehm.

Here’s a timeline of events from the Spokane Spokesman-Review. Reading over it:

  • The police initially claimed Zehm had been previously arrested for assaulting a police officer. They retracted this assertion six days later.
  • “Thompson describes Zehm as having refused orders to drop a plastic soda bottle, prompting the use of a police baton to ward off an expected assault.” With a plastic soda bottle. “Look out! He’s got a broken milk carton!”
  • Detective Terry Ferguson, who investigated the case, did not turn over information to county prosecutors, and omitted information from her report.
  • “Zehm’s fingerprints were not found” on the plastic soda bottle the police claimed he was wielding.
  • “After learning that some Spokane media outlets are pursuing footage of additional security camera angles, [Acting police chief Jim] Nicks instructs Ferguson to review the tapes again. Within the hour, Ferguson tells Nicks that a fourth camera angle shows Zehm holding a Pepsi bottle, which did not appear in any other camera angle. The video shows Zehm on his back and using the bottle to protect his face from Thompson’s blows.”

And Thompson had the support of the mayor and police chief (not Jim Nicks: just wait):

I’ve looked into the details surrounding this incident,” [Mayor Mary] Verner says in an interview with The Spokesman-Review, “and I just don’t think the behavior of the officer rose to a criminal behavior.” Says [Spokane Police Chief Anne] Kirkpatrick: Thompson “has my unequivocal support. Based on all the information and evidence I have reviewed, I have determined that Officer Karl Thompson acted consistent with the law.”

On the other hand,

Aug. 5, 2011: Documents are filed in U.S. District Court signed by now-Assistant Chief Nicks indicating that Thompson violated several use-of-force policies in his initial contact with Zehm and that the department’s investigation into the fatality was poorly done.

It sure looks to me like Thompson and company beat a man to death for no reason, and then the Spokane PD and city of Spokane tried as hard as they could to cover it up; it took the Feds becoming involved for the whole dirty story to come to light.

The prosecution is apparently asking for six to eight years in prison for Officer Thompson, who is 64 years old. Otto Zehm was 36 years old when the Spokane PD murdered him.

Today’s legal roundup.

Thursday, November 3rd, 2011

Three stories from the NYT:

  1. The Orleans Parish district attorney’s office has a problem. A big problem. A Supreme Court level problem. And this isn’t their first go-around at the rodeo: they’ve been before the Court twice in two years. What’s their major malfunction?

    Each of the cases involves charges of prosecutorial misconduct, and in particular the failure to turn over crucial evidence to the defense, a constitutional violation that defense lawyers, former prosecutors and four Supreme Court justices have said was at least at one time “pervasive” in the district attorney’s office here. In the case last year, one of the key issues was not whether the misconduct took place, but just how widespread it was.

    The Orleans Public Defenders office, in a brief supporting Mr. Smith, said that 28 convictions obtained by the district attorney’s office were later ruled to have been tainted by violations of this kind.
    The district attorney’s office disagrees, saying the correct number is 13.

  2. Todd Remis didn’t like his wedding photos. So he decided to sue the photographer. Fair enough, right? Well:
  3. “This spate of unrelated corruption prosecutions, and what some see as the Internal Affairs Bureau’s spotty record of uncovering major cases involving crooked officers, raise questions about the department’s ability to police itself, said nearly a dozen current and former prosecutors who have handled corruption cases, as well as some current and former Internal Affairs supervisors and investigators.”

Edited to add: I don’t get this. When I preview this post, the numbered list shows as a numbered list (1,2,3) and the nested unordered list shows with bullets instead of numbers, exactly the way it should show. But when I look at it in Firefox, I get two nested numbered lists. Anyone see anything different in other browsers?

Those Cubs.

Wednesday, November 2nd, 2011

Mike Quade out as manager of the Chicago Cubs.

And, no, they’re not considering Ryne Sandberg no matter how much you complain.

I personally see this as a positive move, and am going out on a limb to predict that the Cubs will win the World Series next year.

TMQ watch: November 1, 2011.

Wednesday, November 2nd, 2011

The snark just isn’t flowing today. We might as well just jump right into this week’s TMQ after the jump…

(more…)

Quick followups.

Wednesday, November 2nd, 2011

There’s been quite a few nice tributes to William the Coroner posted since yesterday.

A couple of my favorites: Matt G., Brigid, Borepatch, OldNFO.

Meanwhile, back at the ranch, Anonymous may or may not be having second thoughts about taking on the Zeta cartel. This HouChron piece seems unclear. I have seen another report that says Anonymous has backed down, but that report comes from a site I do not find trustworthy and will not link to.

I’m an orphan!

Tuesday, November 1st, 2011

You know the classic joke about the child who kills both parents, then throws himself on the mercy of the court because…right?

Yeah. Well, Robert “Ratso” Rizzo, late of the City of Bell, is suing the city.

The suit also alleges that the city did not have “cause” to fire Rizzo, who faces a lengthy list of criminal charges over his use of public funds, because he has not been convicted.

“Rizzo has not been convicted of a felony or a crime of moral turpitude, or at all. As such, the city did not have and does not have ’cause’ to terminate Rizzo under the agreement,” the complaint said.

TMQ watch.

Tuesday, November 1st, 2011

Bear with me, folks. I’m having a pretty crummy day and am going to have a long night.

I haven’t forgotten the TMQ watch for this week, but my target at this point is mid-morning tomorrow.

Obit watch: November 1, 2011.

Tuesday, November 1st, 2011

William Zeus Bligh-Glover, M.D.

Dr. Bligh-Glover was a consulting forensic pathologist, and an assistant professor at Case Western Reserve University.

He was also known in the gunblogging community as William the Coroner.

I’ve mentioned before that I have family in the Cleveland area. Next time I went up to visit them, I was hoping to be able to invite William and some other Cleveland bloggers out for dinner and storytelling one night. I never met him (though we exchanged comments a few times on his blog), but he struck me from afar as someone I’d very much like to meet and befriend.

Tributes from Calvin’s Mom and Ambulance Driver.

“You’re out of order! The whole trial is out of order!”

Tuesday, November 1st, 2011

Two Harris County prosecutors are facing contempt charges after a judge learned members of the DA’s office were given information that may contain official transcripts from secret proceedings of a grand jury that is investigating the district attorney’s office, court records show.

Sounds like folks are sweating. And that’s leading them to make dumb decisions. The question is, how far up the chain of command does the dumbth go?

By the way, the two prosecutors in question are the same ones who got thrown out of the grand jury hearing.

(Subject line hattip.)

On a lighter note…

Tuesday, November 1st, 2011

I wanted to toss up a link to Lawrence’s piece on “The Decade of Weirdness: The 1970s”.

I am a little surprised he didn’t mention Transcendental Meditation in his roundup, but the 1970s were a target rich environment; if you brought up all the weird stuff from that decade, you’d probably have a novel-length post.

How then should we behave?

Tuesday, November 1st, 2011

The story starts with Richard Stallman of the Free Software Foundation.

Specifically, it starts with Stallman’s “info packet” for people who want to book him to speak. The date on that post is October 20th, but it seems to have been widely linked in the past week; I’m not sure why this is suddenly getting so much attention.

I’ve avoided commenting directly on it because a) I haven’t read it all and don’t have time, and II) I’m not sure what I could say about it. There are many things (based on a quick skim) that strike me as reasonable (don’t change dates and times and expect Stallman to show up, check with him first). Kottke mentions the parrot issue: I am willing to bet that the “DON’T buy a parrot figuring that it will be a fun surprise for me.” line is in there precisely because people have done exactly that.

I think there are things in that document that can be legitimately questioned: Gruber notes his stance on cell phones as one example. But much of the criticism has gotten personal and ugly. Dave Winer and Reginald Braithwaite have both done very good blog entries about this.

There is a podcast that I’ve been listening to regularly, which features a prominent blogger. (Not Cory Doctrow, Mike.) I don’t want to name the podcast or the podcast network here for reasons I’ll get into shortly, but there are probably enough clues embedded in this piece for folks to figure out which one I’m talking about.

During the most recent episode of the podcast, the Stallman document came up as a topic. That’s fine; it is a legitimate topic of discussion for this podcast. But one of the podcast hosts went on to assert that he’d received email from people (as in, more than one person) who’d hosted Stallman in their homes, and “had to burn the sheets” afterwards. Indeed, the title of that podcast episode is a reference to the “burn the sheets” emails.

I give money to the FSF, but I have my share of issues with them and Stallman. I thought Stallman’s comments on the death of Steve Jobs were out of line, and I seriously considered resigning my FSF membership because of them. I disagree strongly with Stallman’s support for Communist governments. I don’t much care for FSF’s recent Apple bashing. I think there’s room in the world for both open and closed source software, and I think FSF’s dogmatic approach hurts the cause. I don’t believe FSF thinks enough about making it easy for the 80 year grandmother to keep in touch with her grandchildren; I think in many ways FSF would be happy with computers as a priesthood, not as a commodity.

But I believe that there is work FSF does that is worth my monetary support. And I believe that the issues I disagree with FSF and Stallman on are issues that we can discuss and debate like human beings. We don’t need to be schoolyard bullies sitting in the dark tittering over anonymous accusations that people have to burn their sheets after a guest leaves. That’s wrong.

One of the reasons I don’t want to name the people or the podcast is that both of these podcasters have young sons. I’ve made it an ethical principle of mine that I won’t drag people’s families into things, and I don’t want to do that here.

But I would like to ask both of these men, if they’re reading this: is this how you want your son to treat his classmates? Is this how you would like your son to be treated by his classmates?

Is this how decent human beings act?