Posts From: December, 2009

Photo of the Day

Wednesday, December 30th, 2009

BWMotel3

Breezewood, PA.

Photo of the Day

Tuesday, December 29th, 2009

BWMotel2

Breezewood, PA.

Update on the Pup

Monday, December 28th, 2009

HarperIN

Thanks again for all your kind emails and comments. The steroids have helped a lot. Harper’s now sleeping, eating, even playing a little with the other dogs. That’s only a temporary thing, though. The tumor is causing her right eye to water, so she now has a permanent tear stain down that side of her face. Looks like she’s gone goth. At this point, it’s just nice that she’s comfortable. Her struggle to breathe, sleep, eat, and drink earlier this week was wrenching. It also always gets me how dogs can pick this stuff up. Daisy usually spends about half her day biting, sitting on, and pawing at Harper. For the last few days, she just lies next to her and grooms her. It’s sweet.

Harper’s been a great companion. Hell, I’ve had her for about 30 percent of my life. The vet says the steroids could conceivably give her another few months. But it seems sort of selfish to keep propping her up for my sake. She’s better, but she’s clearly not herself. So I’ll probably have her put down when I get back to D.C.

For now, I’m headed to Nashville, Tennessee for a couple days. Light to non-existent blogging ’til I get back.

Photo of the Day

Monday, December 28th, 2009

BWUHaul

Breezewood, PA.

Morning Links

Monday, December 28th, 2009
  • David Boaz points to two surprisingly strong editorials in the Washington Post with libertarian themes, one on problems with the criminal justice system, and one on the Obama administration’s troublingly expansive view of human rights (and its rather casual treatment of actual human rights).
  • Bruce Schneier: “Only one carry on? No electronics for the first hour of flight? I wish that, just once, some terrorist would try something that you can only foil by upgrading the passengers to first class and giving them free drinks.”
  • The top ten Top 10 lists of 2009.
  • This is a positive development.
  • Gay rights, leftist groups in D.C. fight other gay rights, leftist groups in D.C. over right of anti-gay rights groups to take out ads on the city’s Metro trains. Good on the pro-speech folks.
  • Zero tolerance strikes again.
  • Federal judge won’t toss the obscenity charges against John Stagliano. I think his attorney is right. This is a good chance to bring Miller v. California into the Internet age. “Community standards” means something quite a bit different now than it did then.
  • This smug op-ed by the guy wrongly arrested in the Snowball Fight Heard ‘Round the World is almost enough to make me support the gun-waving cop.
  • I can’t believe people still make these kinds of arguments. What a vapid waste of electrons.
  • TSA: Dumb as Ever

    Saturday, December 26th, 2009

    So in response to the attempted terror attack over Christmas, TSA will apparently adopt a new policy prohibiting passengers from moving during the last hour of a flight. Also, no pillows or blankets during that last hour.

    In addition to keeping with its usually tradition of making policy on a reactionary basis, this one wouldn’t even have done anything to prevent the attempt over the weekend. The guy was in his seat when he tried to light the explosive device. And the passenger who confronted him got out of his seat to do it.

    Also, if the goal was to bring the plane down from the air, why add restrictions for the last hour of the flight?

    Seems to me that what this, Flight 93, and the Richard Reid incident have shown us is that the best line of defense against airplane-based terrorism is us. Alert, aware, informed passengers.

    TSA, on the other hand, equates hassle with safety. For all the crap they put us through, this guy still got some sort of explosive material on the plane from Amsterdam. He was stopped by law-abiding passengers. So TSA responds to all of this by . . . announcing plans to hassle law-abiding U.S. passengers even more.

    If you’re really cynical, you could make a good argument that they’re really only interested in the appearance of safety. They’ve simply concluded that the more difficult they make your flight, the safer you’ll feel. Never mind if any of the theatrics actually work.

    Eight Years Since the Raid on Mary Street

    Saturday, December 26th, 2009

    One thing about my job: It tends to help you keep some perspective about your own problems.

    It was eight years ago today that police in Prentiss, Mississippi broke into Cory Maye’s home on a drug warrant, putting him in the unimaginable position of having to determine if the armed men who had just kicked open his door were police or criminal intruders there to harm him and his young daughter. He’s been in prison ever since, separated from his kids and the rest of his family. He has spent about half that time on Death Row. It was also eight years ago that the family of Ron Jones needlessly lost a son and brother. Mississippi authorities put an innocent man in prison for life, let the actual target of the drug raid that night go free, and shattered two families.

    Anyone think it’s the least bit more difficult to get high in Prentiss today than it was then?

    There’s a flicker of light in this story, now. Maybe this time next year I’ll be able to post a photo or two of Cory and his kids enjoying their first Christmas together in nearly a decade.

    Saturday Links

    Saturday, December 26th, 2009
  • I’m guessing this movie will include lots of fighting and stuff blowing up. Although given the cast, it would be pretty great if it turned out to be a sappy love story.
  • Wonderful little pop mash made entirely of audio from the movie Up. A beautiful movie by the way. See it if you haven’t yet.
  • Every Christmas Eve at 3pm, half of Sweden sits down to watch Donald Duck cartoons.
  • This apparently happened in my hometown on Thursday. Coincidentally, the poster quotes from one of my old Fox columns.
  • Top Mexican drug official on prohibition: “This war is not winnable.”
  • “In brief, Brennan wanted to understand why some ducks have such extravagant penises.” The article only gets better from there. Includes tales of exploding artificial duck vaginas.
  • (NOTE: Link fixed.)

  • Incredible photo of asteroid impact.
  • Gizmodo’s worst gadgets of the decade. Includes: a sex doll for dogs (!), a Taser gun/MP3 player combo (in a just world, it would electrocute any user that tried to play Nickelback), and a $200 device whose sole purpose is . . .  tweeting.
  • Photo of the Day

    Friday, December 25th, 2009

    I really like this picture.

    BWMotel

    My Christmas Gift to You

    Friday, December 25th, 2009

    It’s been a couple of years since I last posted this. So I give you now the best anti-drug video ever made. Producer, director, writer, star: Radley Balko, age 11.

    Merry Christmas all.

    So…

    Thursday, December 24th, 2009

    ….sort of a long story, but I’m currently stranded in Breezewood, Pennsylvania. My car broke down on the Interstate last night. No rental cars in town. My car was towed to a dealer in Frederick about an hour away. Any ideas?

    Oh yeah, I have the two dogs with me. And one of them is dying. Harper was diagnosed with a nasal tumor yesterday. She probably has about a week or two left. She’s not doing well.

    So yeah. Christmas Eve. And I’m stuck in a cheap roadside motel room watching my dog die. Add a drug-addicted whore and a hangover and I’ve got the opening scene to a Bukowski novel. A really bad one.

    MORE: The Enterprise branch in Bedford had a last-minute cancellation. So I should be getting a car shortly.

    MORE II: Finally arrived in Indiana. I was able to get a script for some steroids for Harper, which won’t help with the tumor, but seems to have already helped with the inflammation–and with her mood. Hopefully she’ll sleep, now. She hasn’t slept for a few days. I, on the other hand, have had some bourbon. After the last 48 hours I’ve had, that will definitely help me sleep.

    Thanks for all the kind wishes, offers to help, and sweet emails about your own dogs, Agitatortots. Y’all are great. Have a terrific holiday.

    Assume a Ladder

    Wednesday, December 23rd, 2009

    Economists can be funny!

    Who knew?

    Morning Links

    Wednesday, December 23rd, 2009
  • Thank goodness the Washington Post didn’t perpetuate irresponsible Internet rumors on that snowball fight story. Instead, they went straight to MPDC for the official version of events, unskeptically published the resulting lies from the department’s spokesman, after which WaPo columnist Marc Fisherput up a smug blog post gloating about how responsibly the paper treated the story, as opposed to those hysterical blogs and Internet sites. Never mind that the blogs and videos had proof the WaPo got the damned story wrong. Facts aren’t as important as who followed journalistic protocol.
  • Interesting piece by Adam Liptak on the politicization of Supreme Court clerks.
  • Saddest Christmas story you’ll hear about today.
  • Speaking of the snowball fight heard ’round the world, Julian Sanchez has good thoughts on class, video, and police accountability.
  • Cow art. Some of these are quite moo-tiful.
  • The latest from Maricopa County.
  • Minnesota Supreme Court nixes innocent owner defense in forfeiture cases, says spouse has no claim if other spouse loses car after DWI stop.
  • Thanks.

    Tuesday, December 22nd, 2009

    Just wanted to pass along a kind thank you for the tip jar contributions, wish list purchases, and subscription sign-ups over the last few weeks. I really appreciate the support.


    TheAgitator.com’s 2009 Prosecutor Awards

    Tuesday, December 22nd, 2009

    The next two Monday morning polls will be for our annual Worst Prosecutor of the Year Award and a Favorite Prosecutor of the Year Award.

    Think over the last year, and make your nominations in the comments. To keep it interesting, prior “Worst” winners Mary Beth Buchanan and Forrest Allgood will be excluded from this year’s, er, “competition.” Dallas County, Texas DA Craig Watkins will also be excluded from the good guys contest. He was this site’s “Prosecutor of the Year” last year.

    The awards can be given for a lifetime of work, not just cases brought or decided in 2009.

    Morning Links

    Tuesday, December 22nd, 2009
  • Seattle Mayor-Elect Mike McGinn says he supports legalizing marijuana.
  • Obama administration looks at steep fines for long tarmac delays. I’ve written before that I support some sort of regulation in this area, particularly in cases where airlines unreasonably keep passengers hostage for hours on end. I don’t know that fines would work as well as a more uniform policy that if you’re stuck on a grounded plane for more than, say two hours, the airlines have to give you the option of de-planing. Unfortunately, part of the problem lies with how the airlines are regulated, and that part of course isn’t likely to get as much scrutiny.
  • Magnum photos of dogs in snow. I like mine better.
  • Chase Bank sets up a contest to fund non-profit groups, then changes the rules at the last minute to avoid funding two drug reform organization and a pro-life organization. It’s Chase’s money, of course. They can do what they want with it. But they got free advertising from these groups who promoted the contest. And I’m also free to call Chase a bunch of cowards for not backing their promotion because some of the winners were too controversial.
  • Oregon man freed after triple homicide conviction thanks to junk science and the state destroying the evidence in his case. As Gideon writes, it’s far from clear the guy is innocent. Which makes the state’s actions troubling for a whole other set of reasons. What’s unfathomable is that the FBI has admitted it’s comparative bullet lead tracing methods aren’t reliable, but refuses to release the list of cases where the methods helped put people in prison.
  • Kern County, California’s Monstrous DA

    Monday, December 21st, 2009

    My crime column this week bids good riddance to Kern County, California District Attorney Ed Jagels, who announced in October that he’s retiring after 26 years on the job . . . and after sending at least 25 innocent people to prison.

    Jagels’ career is probably the starkest example to date of how the criminal justice is incapable of holding bad actors accountable.

    Change Blindness

    Monday, December 21st, 2009

    Fun experiment. But think of what it says about eyewitness testimony.

    Let Me Be Clear

    Monday, December 21st, 2009

    This column by my colleague Jacob Sullum is a brilliant dissection of Obama’s rhetorical shenanigans.

    My friend Gene Healy has on his car about the only bumper sticker I’d consider putting on mine. It says, simply:

    They’re Lying

    Morning Links

    Monday, December 21st, 2009
  • Congratulations, Democrats. You’ve proven you can pass a major piece of legislation by buying off votes with last minute pork projects and special favors, then shoving it through the Senate in the middle of the night just as well as the Republicans. You’re an all-growed-up corrupt ruling party, now. (CORRECTION: As noted in the comments, the bill didn’t pass, the Dems were just able to force cloture.)
  • Awkward moments in webvertising.
  • The D.C. cop who drew his gun at a snowball fight this weekend is now international news. This will make it somewhat more difficult for MPDC to continue lying about the story.
  • If Mullholland Drive was the sixth best movie of the decade, I just lived through a different decade.
  • Prosecutors are still whining about the Supreme Court’s Melendez-Diaz decision from last term, arguing in a brief for a similar case next term that the decision “is already proving unworkable.” Oh. Well in that case, sure. Let’s go ahead and scrap the constitutional right to confront one’s accusers because, you know, it’s really, really inconvenient to the government to respect it. I always forget about that footnote to the Bill of Rights that says, “*Unless respecting these rights makes the jobs of government employees more difficult.”
  • A grand jury has ruled that the police shooting and killing of Georgia pastor Jonathan Ayers was justified. I’ll have more on this terrible story in coming weeks.
  • Sunday Evening Dog Blogging: Snowbound Edition

    Sunday, December 20th, 2009

    More photos here.

    CM Capture 1

    CM Capture 2

    CM Capture 4

    CM Capture 3

    Virginia’s Naked Coffee Guy Convicted

    Sunday, December 20th, 2009

    Erick Williamson, the Springfield, Virginia man arrested earlier this year for being naked in his own home was convicted of indecent exposure on Friday. The judge sentenced him to 180 days in jail, but suspended the sentence.

    I’m still not sure how the conviction holds up, given that the two alleged witnesses had to actually look into Williamson’s house to see Little Erick and the Williamson Twins. So you now have to make sure no one can see into your home in order to be naked in it? How vigilant must you be?

    Also . . . WTF?

    Williamson denied standing naked in his doorway or front window and said he had no intent to expose himself to anyone. But [Judge] O’Flaherty wasn’t buying it and likened Williamson to bank robber John Dillinger, who also “thought he was doing nothing wrong when he walked into banks and shot them up.”

    First, who the hell still invokes John Dillinger to make a point? Everyone knows that when you want a ridiculously inappropriate “they didn’t think they were doing anything wrong, either” analogy, you turn to the death camp guards in Nazi Germany.  Methinks Judge O’Flaherty needs to get the latest Gilbert Outline for Bad Legal Metaphors addendum so as not to date himself in future rulings.

    Second . . . seriously, what is wrong with this judge? Not seeing the harm in walking around your own house in the nude is akin to not seeing the harm in armed friggin’ robbery?

    Florida Sees Its 12th DNA Exoneree

    Sunday, December 20th, 2009

    Last week, James Bain was released from a Florida prison after serving 35 years for a crime he didn’t commit. DNA testing finally cleared Bain of raping a young boy in 1974.

    Bain is the 12th exoneree in Florida since the onset of DNA testing. Orlando Sentinel columnist Scott Maxwell, who has pursued the phony Florida dog handler cases I’ve written about previously, is calling on the state to set up an innocence commission.

    Already, three men convicted with help from a discredited dog handler — who manufactured bogus evidence to connect suspects with crimes — have been exonerated after spending years, even decades, behind bars.

    But the dog handler testified in many more cases. And judicial activists are convinced others were wrongfully convicted.

    Yet the men who could actually do something about that — Gov. Charlie Crist, Attorney General Bill McCollum and Brevard-Seminole State Attorney Norm Wolfinger — have refused to conduct an investigation.

    Instead, these three career politicians have argued that it’s up to the defendants themselves to prove their own innocence … from behind bars … and without resources.

    Then, in cases where the wrongfully convicted are finally freed, they respond: See, the system works!

    The lack of shame and humanity is appalling…

    “If there’s one thing these guys have in common,” said Centurion Ministries attorney Paul Casteleiro, “it’s that they are all guys nobody will miss.”

    They didn’t have the resources to mount vigorous defenses when they were first charged — or knowledgeable attorneys who could combat the tactics, such as jail-house snitches, that are so often used to convict them.

    This is a common refrain from state officials and prosecutors. “It isn’t our job to find innocent people in the prisons.” Even in jurisdictions where there’s every reason to believe an unusually high number of innocent people have been convicted. They threw the state’s resources at putting the people behind bars in the first place, but argue it’s the responsibility of the wrongly convicted themselves or cash-strapped non-profit groups like the Innocence Project to bring the cases to the attention of the courts—usually as the same prosecutor offices fight them every step of the way.

    It makes what Dallas District Attorney Craig Watkins is doing all the more remarkable—and commendable.

    Related: The Washington Post has a strong editorial decrying the delayed justice in the case of Donald Gates, also freed last week after serving 27 years for a rape and murder in Washington, D.C. He was convicted due to testimony from a fraudulent FBI crime lab worker and lies from a paid FBI informant. DNA testing showed he didn’t commit the crime.

    Gary Johnson Gears Up for a Run

    Sunday, December 20th, 2009

    Politico profiles the former New Mexico governor.

    All the anti-war of Ron Paul (drug and overseas), plus he’s pro-immigration and comes off less crankish and has less baggage than Paul. As governor, he vetoed more bills than all other governors combined.

    Also, the guy climbs mountains and runs ultra-marathons.

    Reason.tv Footage of the Cop Who Brought a Gun to the Snowball Fight

    Sunday, December 20th, 2009

    Dan Hayes from Reason.tv was there for the whole thing.

    The uniformed officers seemed to have quite a bit more sense about the whole thing than Det. Baylor. Good for them, or the whole situation could have been a lot uglier.