Morning Links

Thursday, September 10th, 2009
  • Recession shrinks wealth gap, promotes income equality. Progressive groups expected to promote recession as official economic policy.
  • States face drop in gambling revenues.
  • Massachusetts law would require all schools to “professionally sterilize” band equipment. Conveniently, there’s only one company in the state that provides the service. And that company is of course pushing the bill.
  • The Innocence Project is trying to raise $25,000 for DNA testing for some of its current clients. They say 100 percent of your donation will be used for testing.
  • Michael Moore hangs with speech-suppressing, press-shuttering, human-rights abusing Hugo Chavez.
  • Off-duty Georgia cop accused of harassing woman who was talking on cell phone, falsely arresting her, breaking her wrist.
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  • 70 Responses to “Morning Links”

    1. #1 |  BamBam | 

      http://www.foxnews.com/story/0,2933,548940,00.html?test=latestnews

      Wisconsin Innocence Project gets DNA tested, man goes free after serving 13 years in jail for murder he didn’t commit. All based on the word of jailed informants. The word of someone is enough to establish probable cause, get a warrant, make an arrest, and convince a jury of guilt. WTF????????? We are all fucking doomed as this can happen to anyone.

    2. #2 |  Waste | 

      Michael,

      I’m not disagreeing with you. Many people assume the IA and criminal charges are one and the same. They aren’t. Pesonally I don’t think any police department should investigate criminally one of their own. To much potential for a conflict or appearance of conflict, favoritism, etc. An outside department with jurisdiction should investigate it.

      The IA can only make determinations in regards to the person continued employement at the agency. Generally they can unfound it, written reprimand, suspend with pay, suspend without pay, or terminate.

      Again the IA and criminal charges are completely seperate other than they regard the same incident. You can have an IA that terminates someone and no charges are filed or an IA that unfounds something and they are charged and convicted.

      Before people jump to conclusions check to see if it’s standard for GA or the department involved to issue a warrant prior to arresting someone on felony charges. In some cases it is so the fact the person was not arrested immediately may not be an indicator of nefarious conduct by the officers that responded. The fact that a warrant was applied for, on first read, indicates to me that is the case.

      You have good reason to be freaked out when cops cover for other cops. However there is no indication so far that this is what happened in this case.

      I hope there is some follow up on this. What charges are listed on the warrant application? Also the police report should indicate if the charges are pending following the issuance of the warrant. The police report should be public information depending on the state disclosure law a felony report can be with held (prior to trial) or may have to go thru the DA to get a copy.

    3. #3 |  Frank | 

      Puppycide in Troy NY

      http://www.cbs6albany.com/news/span-1266357-style-font.html

      Dog shot during raid of family home, they guy they were looking for doesn’t even live there. So much for due diligence.

    4. #4 |  Pinandpuller | 

      The cop was wearing a PD ballcap for crying out loud!

      I wonder if he’s going to put in for overtime?

    5. #5 |  Fluffy | 

      Waste:

      I think you’re mistaken. The cops on the scene did not apply for or obtain a warrant. The victim took it upon herself to go to the courthouse and apply for a warrant, and the warrant has not been issued. The cops are probably pissing themselves laughing at this woman’s naivete in thinking that her complaint will result in an arrest.

    6. #6 |  Fluffy | 

      http://www.georgiacourts.org/courts/magistrate/laurens/warrantprocess.html

      Actually, Waste, upon further investigation, it appears that the criminal procedure laws in GA allow a victim to apply for a warrant after the police refuse to arrest.

      So the fact that the victim pursued a warrant at the courthouse is evidence that the police refused to respond, and not evidence that the police have some sort of ongoing arrest process underway.

      In order to obtain an arrest warrant, an applicant first needs a police report. It is possible that, upon the reporting of the matter to the police, the police may proceed with the investigation and arrest of the accused. If the police will not prosecute, then the applicant may apply to the Magistrate Court for the issuance of an arrest warrant. A $10 application fee is charged when the application is accepted. There is no fee for domestic violence cases.

    7. #7 |  Tomcatshanger | 

      I see noone is surprised that Moore hangs out with statist thugs given his past record of supporting statism over individual liberty.

    8. #8 |  supercat | 

      //I thought the big argument for letting the rich stay so disproportionately rich was because “they pay most of the taxes!!”//

      Entrepreneurs invest time and money into projects that they think will net a return sufficient to justify the effort they’re putting in and the risk that they may return less than desired. Such projects generally employ other people, and indeed most workers owe their employment to them.

      Put simply: people are willing to invest effort and take risks because they think that doing so will make them richer than other people who do not put forth such effort and take such risks, i.e. increase the “wealth gap”. Get rid of the “wealth gap” and there will no longer be any incentive for people to engage in the sorts of entrepreneurship that make economic growth possible.

      It is true that inflation will cause someone whose dollar-denominated wages remain constant to have a declining real wage. That in no way, however, implies that it is not possible for everyone to have increasing real wages, nor that an entrepreneur’s rapidly-increasing wage must devalue the more-slowly-increasing wages of his workers. If an executive doubles the value of income generated by his company each year, and increases his salary from 10% of that income to 20% (a fourfold increase in salary), the other workers will receive a smaller share of the generated income than they did before, but instead of dividing up 90% of the old income, they’ll be dividing up 160%. True, they only get a 77% raise (16/9-1) while the boss gets a 300% raise, but that’s still a 77% increase in real value.

    9. #9 |  Michael Chaney | 

      Again, Waste, understood, and thanks for your continued thoughts. But you’re missing what I’m getting at here.

      The victim had to apply for the warrant. Not the cop at the scene who should have arrested his buddy. The *victim* had to do it herself.

      Had *I* broken her wrist after kidnapping her, she wouldn’t have had to apply for the warrant as I’d already be in jail. The fact that he didn’t go to jail means the other cop is covering for him. Period, end of story.

      Everybody else here knows my stand, but in case you don’t: I believe cops should be held to a *far higher* standard than non-officers.

    10. #10 |  Waste | 

      Fluffy and Michael,

      I missed the part where the victim had to apply for the warrant. So I stand corrected on that part and thanks for pointing that out. This would also seem to indicate your concerns about covering for another another officer are well founded. My next question would be was a report even done on the incident? It would be interesting to get a copy of the CAD report and look at the call notes and the closing disposition. If the off duty officer and the responding officers were of different agencies than you can add the responding officers and agency to any civil suit. They should also probably be subject to an IA and not just the off duty officer.

    11. #11 |  Frank | 

      #38 The charge is “failure to fellate on command”

    12. #12 |  Ariel | 

      Waste,

      While I think you gave a very measured and thoughtful response, I have to agree with Michael Chaney #47. Losing your job is not a punishment, it is the result of poor performance, performance in a LEOs case that often means injury to someone else. Being charged with a crime for a criminal act is a punishment, one that seemingly applies equally, except that some are more equal than others.

    13. #13 |  Ariel | 

      Waste,

      There was a lot between before I commented. Again, I think you gave great responses. On IA, I think whitewash is simply too common, likely from the pressure of the culture. Mr. Balko has shown, as has numerous other sites, that on a particular incident where the IA issued a “no fault found” only to later find the officer either continuing to commit the same offense, or being tried and convicted for the very incident IA said “no fault found”.

      This is an indication of corruption or incompetence that we, as Americans, really shouldn’t tolerate.

    14. #14 |  Waste93 | 

      Ariel,

      The problem is that an IA can’t pursue criminal charges. Granted it’s not a punishment for a criminal act but it isn’t designed to. Nor should it. If it could bring criminal charges then you would have two seperate criminal systems. One for law enforcement and another for everyone else. Or you would create a serious double jeopardy issue. Neither is desirable.

      An IA can only be inititiated by the employer. In many cases it may initiate one for something that happened outside their jurisdiction so they couldn’t bring criminal charges anyways.

      I agree that some get preferential treatment. Nor is it limited to law enfocement. Politicians also come to mind in that regard.

      I have seen many stories on this site of whitewash IA’s. My personal opinion is the agency thinks it will limited their liability. I don’t agree and think it actually ticks off the jury during the damages portion, but I suspect that is their thinking. I don’t think that a whitewash is to common (though you could argue just one occurance is to many) but I think it is more likely is certain kinds of incidents or certain types of agencies.

      A lot of complaints on officers are truly false. Many involve traffic tickets and come down to the person being mad that they got the ticket and will complain that the officer was rude or they didn’t get to see the radar, etc. Now being rude may be unprofessional but it is not criminal. You also have cases where the person is upset that they were arrested and will make up a story trying to get out of it. This isn’t a frequent occurance just as officer misconduct isn’t frequent. Though both are frequent enough that people are aware of them and make generalizations or jump to conclusions. There are a number of comments above that state ‘all officers are corrupt’. That is no more true than saying everyone that is arrested is guilty.

      Again, I think to many people don’t understand the difference between an IA and a criminal charge. Nor do I think the same agency should perform both. An outside has to be called in to perform one of those functions because of Garrity. The same agency knowing the results of an IA is to easily influenced in the pursuit of criminal charges and this would make it to easy to reverse any conviction.

      Most states I think have a “Color of Authority” statute that is basically a criminal enchancement to any crime commited by an on duty officer for example. The problem, as has been pointed out before, is getting the prosecution in the first place and then getting this charge also added. This law is a good one, the problem is getting people to enforce it of course.

    15. #15 |  pam | 

      maybe the Georgia woman was in a “no talk zone” and didn’t know it. Were there any signs?

      I think the new motto for America and could replace the controversial “In God We Trust” on money should be “I Got Mine, You Get Yours”. Now that’s being honest.

    16. #16 |  pam | 

      Waste @64 said:
      “Now being rude may be unprofessional but it is not criminal.”

      I think you just made the case for the woman who was handcuffed and her wrist broken and we don’t even know if she was rude. Thanks for making the case of the double standard so clear.

    17. #17 |  MacGregory | 

      “You talkin’ to me? You talkin’ to me? You talkin’ to me? Then who the hell else are you talkin’ to? You talkin’ to me? Well I’m the only one here. Who the fuck do you think you’re talking to?”

      “No dipshit, I am not talking to you. I am on the phone. I just happened to be looking in your direction.”

    18. #18 |  Pinandpuller | 

      Can you hear me now?

    19. #19 |  JThompson | 

      Well the article says he was out of uniform, so that’s why he didn’t taser, pepper spray, or pistol whip her. If you don’t have a belt full of lethal weapons to use on an innocent citizen for no readily apparent reason, you just have to do the best you can.

      Silly woman, thinking she’s going to get some kind of justice when a cop was involved. What she’s probably going to end up getting is harassed by cops every time she walks out of her house.

    20. #20 |  Pinandpuller | 

      That would have been a good time for the victim to have a carry permit considering the “cop” didn’t have his piece or shield.

      I bet after that type of situation the cop would be hanging a stainless-steel gun off his shower-head.