Posts From: September, 2010

Morning Links

Monday, September 20th, 2010

Sunday Evening Dog Blogging

Sunday, September 19th, 2010

Saturday was Dog Day, a little canine fest at Nashville’s Centennial Park. Daisy and I were there. Here are some photos. And yes, that dog is carrying his own poop bag. Awesome.

Shaquille O’Neal, Lawman

Friday, September 17th, 2010

Washed-up basketball star Shaquille O’Neal has made no secret about his wish to become a cop after he retires. And he’s been made an honorary deputy at several police departments around the country. Radar Online now reports that he may already be well-acquainted with the custom of professional courtesy.

NBA star Shaquille O’Neal is at the center of an explosive new lawsuit accusing him of computer hacking, destroying evidence and indicating that he attempted to frame an employee by planting child pornography on his computer, RadarOnline.com is reporting exclusively…

Here are some of the explosive allegations:

  • Shaq hacked into the voicemails and phone systems of Darling and Vanessa Lopez, a mistress who is currently suing O’Neal. He deleted Lopez’s messages and changed her password.
  • O’Neal used his law enforcement contacts, both active and retired, to obtain restricted information about one of his mistresses, Alexis Miller, while he was involved in a legal battle with her.
  • Shaq threw a personal computer holding much of this evidence in the lake behind his home.
  • Shaq conspired with active law enforcement as well as ex-members of law enforcement to frame Darling for a criminal offense and destroy any evidence that Darling might have against O’Neal.

Darling says there is proof in the form of emails, text messages and photos that Shaq had multiple affairs while married and tried to keep that information from going public.

This is one half of a lawsuit, so digest the allegations with that in mind.

Back in 2007, I wrote a short item for Reason about Shaq’s participation in a botched SWAT raid in, of all places, Bedford County, Virginia. Of all the bizarre SWAT stories I’ve reported over the years, that one is among the most surreal. Imagine you’re A.J. Nuckols or his wife. You’ve just been thrown to the ground at gunpoint by a SWAT team on a mistaken search for child porn. Terrified, you then look up to see that among the officers rummaging about your rural Virginia home . . . is Shaquille O’Neal.

But Shaq had the post-raid script down pat:

“It ain’t no story,” he said. “We did everything right, went to the judge, got a warrant. You know, they make it seem like we beat him up, and that never happened. We went in, talked to him, took some stuff, returned it—bada bam, bada bing.”

Some Afternoon Links

Friday, September 17th, 2010

Five-Star Fridays

Friday, September 17th, 2010

My college buddy Charlie Ransford’s band The 1900s has a new album coming out in the fall. Here’s a great Pointer Sisters cover they did for Playboy’s website.

Montgomery, Alabama’s Contempt for Property Rights

Friday, September 17th, 2010

I have a piece at Slate today looking at Montgomery, Alabama’s nefarious pattern of declaring a property blighted, demolishing the house that sits on the property, then billing the owner for the cost of the demolition. It’s basically a way around Alabama’s strict eminent domain law, which forbids eminent domain for the benefit of private interests. There are your usual cozy relationships between the city and developers, here, but there’s also something weirder going on. A high percentage of the homes, nearly all of them owned by blacks, lie along a federally-funded civil rights trail commemorating the 1965 marches between Selma and Montgomery.

Afternoon Links

Thursday, September 16th, 2010

The light blogging this week is due to various projects and deadlines I’m trying to finish up. Talk amongst yourselves.

Morning Links

Wednesday, September 15th, 2010

Federal Judge Rules That a Former Mississippi Prosecutor, Now a Judge, Lied in Court

Tuesday, September 14th, 2010

This week, Federal District Court Judge Michael Mills ordered a new sentencing trial for convicted murderer Quintez Hodges this week. Hodges is currently on death row in Mississippi.

But it’s Mills’ reason for ordering a new trial that comes as a surprise: Mills ruled that former Mississippi Assistant District Attorney James Kitchens, Jr. lied under oath during Hodges’ trial.

The facts are a bit complicated, but in brief, Kitchens was involved in a prior prosecution of Hodges for robbery. At Hodges’ death penalty trial, Kitchens testified that Hodges was given a break in that case. It was part of the prosecutions effort to show a lack of remorse and criminal history as aggravating factors deserving of the death penalty. Mills ruled that Kitchens lied under oath when he testified that the victim of the earlier robbery asked at the time that Hodges be given a light sentence. Mills found that Kitchens then lied again in Mills’ court during a hearing on Hodges’ post-conviction petition.

From Mills’ ruling:

The testimony of Mr. Kitchens at Petitioner’s trial and in this Court is factually at odds with what is contained in the record, and DA Allgood should have known that the testimony given by ADA Kitchens was false…

The Court determines that the State court reached a decision based upon an unreasonable determination of facts and involving an unreasonable application of clearly established federal law.  Petitioner presented the State court with evidence to demonstrate that the testimony given at his capital murder trial was false, and that the prosecution should have known it was false.  He has also shown that there exists a reasonable likelihood that the jury’s verdict might have been affected as a result of the false testimony. In this instance, the State, seemingly unconcerned with the accuracy of the testimony to be given in a trial where the result could be death, provided the jury with false information.

Kitchens is now a circut judge for Mississippi’s 16th Judicial District.

Regular readers will also recognize “DA Allgood” as District Attorney Forrest Allgood, the Mississippi prosecutor whose name has graced this site due to his copious use of disgraced forensic specialists Steven Hayne and Michael West, his murder convictions of two men later exonerated by DNA evidence, his prosecution of Tyler Edmonds, and, most recently, his use of Hayne and West in winning a murder conviction for Eddie Lee Howard. That Allgood would provide a jury with false information in a murder case isn’t terribly surprising. He’s done it before, and with far more outrageous results. But it’s nice to see this come from a federal judge, and a fairly conservative one at that.

It will be interesting to see if Kitchens or Allgood face any legal or professional sanction from this.

(Via NMiss Commentor)

Lunch Links

Tuesday, September 14th, 2010
  • In praise of processed food. This needs to be said more often. I love farmers markets. I enjoy eating local when possible. I like “slow food,” the kind of stuff you cook over low heat for hours. I also realize these are conceits of affluence. Processed food isn’t as good for us as whole food. But the industrialization of food is also why most of us no longer worry about starving to death. If we all only ate local, most of us wouldn’t be eating for much longer.
  • “Why We’re Teaching The Wire at Harvard”
  • What chefs don’t tell you.
  • The New York Times looks at false confessions.
  • If you live in the continental U.S., you’re never more than 115 miles from the nearest McDonald’s.
  • There’s an old joke that men don’t pay prostitutes for sex, they pay so they don’t have to talk after sex. But in many cases, the opposite may be true.

Cops and Cameras

Tuesday, September 14th, 2010

I’m featured in this very good new Cato video on police, SWAT raids, and video cameras. Also featured are Cato’s David Rittgers and Clark Neily of the Institute for Justice.

Bifurcated Criminal Trials

Monday, September 13th, 2010

That’s the subject of my crime column this week.

Cop vs. Dog

Monday, September 13th, 2010

Over at Hit & Run, another round of puppycide stories.

Sunday Evening Dog Blogging

Sunday, September 12th, 2010

I’ve been waiting a few months for the chance to snap this photo.

DaisyWyeth

Sunday Links

Sunday, September 12th, 2010

Five-Star Fridays

Friday, September 10th, 2010

The Black Crowes are playing here in Nashville Sunday night. Here’s “Descending,” one of their best, lesser-known songs.

Morning Links

Friday, September 10th, 2010

Jackie Evancho

Friday, September 10th, 2010

Incredible.

North Carolina Sheriffs Want To Know Who Is Taking Painkillers

Thursday, September 9th, 2010

Wow, is this ever a terrible idea.

Sheriffs in North Carolina want access to state computer records identifying anyone with prescriptions for powerful painkillers and other controlled substances.

The state sheriff’s association pushed the idea Tuesday, saying the move would help them make drug arrests and curb a growing problem of prescription drug abuse…

Sheriffs made their pitch Tuesday to a legislative health care committee looking for ways to confront prescription drug abuse. Local sheriffs said that more people in their counties die of accidental overdoses than from homicides.

For years, sheriffs have been trying to convince legislators that the state’s prescription records should be open to them.

“We can better go after those who are abusing the system,” said Lee County Sheriff Tracy L. Carter.

In addition to the obvious privacy, doctor-patient privilege, and Fourth Amendment concerns, a policy like this is likely to exacerbate the undertreatment of pain. The sheriffs argue that giving them access to the database will help them catch doctors who over-prescribe and patients who shop from doctor to doctor when they’re denied access to painkillers. I’m sure there are examples of both misbehaving doctors and patients. But in the past, law enforcement officials’ definition of over-prescribing has sharply diverged from that of pain professionals. High-dose opiate therapy, a promising new treatment for chronic pain, has basically been cut off at the knees because of high-profile cases in which DEA officials, U.S. attorneys, and state and local law enforcement with no medical training have taken it upon themselves to decide what is and isn’t appropriate treatment.

And the problem is self-perpetuating. As more doctors leave pain management out of fear, those left feel pressure to take on more patients. And the fewer doctors willing to prescribe pain patients the meds they need, the more doctors legitimate patients need to see to find one who will give them proper treatment. Both are consequences of bad policy. And both are then considered by law enforcement to be signs of abuse.

Letting cops go fishing in patient databases for these “red flags” is only going to make it all worse. Sure, they may well find a few unscrupulous doctors, and perhaps some people who are using doctors to feed an addiction. But one thing that’s almost certain to happen is that doctors are going to become even more fearful that every script is going to be scrutinized. Which means fewer of them will be willing to write them. Which means more pain patients are going to suffer, despite the fact that there are drugs available to help them.

My archive of pain treatment posts here.

Quote of the Day

Wednesday, September 8th, 2010

“We’ve been doing random searches for years. None have been in response to particular threats. It’s more to show force.”

Amtrak spokesman Cliff Cole.

Good to know.

Lunch Links

Wednesday, September 8th, 2010

Identity Theft Victim Wrongly Arrested, Strip-Searched, Detained

Wednesday, September 8th, 2010

It’s not so much the fact that the police made a mistake. Mistakes happen. And I’m sure lots of guilty people say, “Hey, you’ve got the wrong person.”

It’s this part that that lodges in the ol’ craw:

Instead of suing Seminole, Shields should thank its employees for “doing a great job,” discovering the error and turning their findings over to a judge, who ordered her release April 25, 2002, the day after her arrest, Poulton said.

We wrongly arrested you, subjected you to a humiliating strip search, and kept you behind bars for 24 hours. But hey, you ought to be thanking us for catching the mistake.

Executed on a Technicality

Tuesday, September 7th, 2010

My crime column this week looks at the case of Eddie Lee Howard, who is on death row in Mississippi. Howard is trying to get a new trial.  He was convicted mostly because of  testimony from disgraced bite mark expert Michael West. The office of Mississippi Attorney General Jim Hood is arguing that Howard is procedurally barred from raising West as an issue. That argument may or may not have legal merit, but it’s a pretty sleazy argument to make.

TSA Sows Fear of Photography

Tuesday, September 7th, 2010

There’s a spot along the George Washington Memorial Parkway just outside of D.C. called Gravelly Point. It’s a picnic and recreation area a few hundred feet from one of the runways at Reagan National Airport. It’s a popular spot for photographers to snap shots of planes taking off and landing. It’s part of the National Park Service, and the proximity to the airport is a big reason why the spot is so popular. I bring up Gravelly Point because of the absurd TSA poster to your right, spotted by Carlos Miller.

What should we find suspicious about the figure in the picture? That’s he’s carrying a camera near an airport? Maybe it’s the hoodie. But then maybe it’s cold outside. Point is, TSA is putting in our heads that photographers are people we ought to view with suspicion.

No wonder law enforcement officials around the country, including TSA workers, wrongly assume that they can stop, detain, arrest, and otherwise harass people who take photos in Metro centers, on AMTRAK, at airports, or in other public places.

In Which a Nashville City Planner Has a Personal Crisis

Tuesday, September 7th, 2010

I thought this was funny….

crisis