Category: General Criminal Justice

El Paso’s Little Miracle

Monday, July 6th, 2009

I mentioned it on Twitter, but I forgot to post it here: I’m now writing a weekly criminal justice column for the Reason website.

The inaugural column is up now. It’s on what I think is a fascinating little story: The city of El Paso has a huge population of illegal immigrants, lax gun control laws, high poverty levels, and is right across the border from one of the most violent cities in the world.

Yet last year, there were just 18 murders in El Paso, an incredibly small number for a city its size. Over the last decade, El Paso has had the second or third lowest violent crime rate of any large city in America. The kicker: Immigration may actually be the reason the city is so safe.

Monday Morning Links

Monday, July 6th, 2009
  • Death in an immigration detention center. Just a terrible story on many levels. Note that the feds were quick to count the guy among their anti-terrorism statistics (despite no evidence of actual terrorism), yet overlooked the fact that he had died.
  • Alcohol inspection at Fort Worth gay bar turns into police raid, which turns into allegations of harassment and abuse.
  • “They’re selling postcards of the hanging….”
  • V.A. hospital botches 92 of 116 prostate cancer procedures, most by the same doctor, after V.A. bureaucrats allowed him to cover up his mistakes. In most cases, irradiated metal seeds ended up in the wrong organs. One cheer for government-run health care!
  • Eugene, Oregon police officer who reported “several ‘negligent and unintended firearms discharges by SWAT team members’ that put the SWAT team, other police officers and the public in ‘extreme danger’” says he was subsequently subjected to harassment and retaliation by his superiors and other officers.
  • Biden: Obama administration “misread” the economy. Won’t rule out a second stimulus package. Or, put another way: The all-knowing politicians who said “just trust us” got it wrong, and me may have to “just trust them” while they get it wrong again.

  • Your No-One’s-Reading-Because-It’s-a-Holiday-Weekend Links

    Friday, July 3rd, 2009
  • Federal judge tosses out MySpace mom Lori Drew’s conviction. Good. Now if we can only prevent Congress from passing a ridiculous law to “be sure this never happens again.”
  • Prince George’s cop caught on dash cam punching a motorist during a traffic stop. A police spokesman has indicated he thinks the officer’s actions were “appropriate.” You don’t say.
  • Esquire calls Reason “the scathingly brilliant libertarian journal that’s the secret guilty favorite of Washington insiders Left and Right.” Secret and guilty are sort of fun. I envision David Broder keeping us in a brown paper bag in a secret drawer of his desk at the Washington Post, underneath his flask of Beam, his Glock, and–of course–the porno.
  • Pastor tased, congregation pepper sprayed after the pastor came to assist a member who had been pulled over in the church parking lot.
  • The New York Times goes searching for the perfect burger. Right now, the best burger I’ve ever had was at a dark, dirty, low-ceilinged 70s-vibe spot in Clayton, Missouri called The Fatted Calf. Second would probably be Ray’s Hellburger in Arlington, Virginia.
  • Fresh off his mission to fight crime by banning the sale of individual slices of pizza, for his next trick, D.C. City Councilman demonstrates his complete ignorance of basic supply and demand. This is the same guy who sponsored the D.C. smoking ban. He’s also the one Christopher Hitchens said treats his constituents “like a bunch of retarded children.” See, there’s no problem that can’t be fixed by the concern, get-to-it-iveness and moxie of a few very wise politicians!
  • Morning Links

    Wednesday, July 1st, 2009
  • What happens to your keys and passwords after you die? Cory Doctorow looks at the various ways of giving loved ones access to your post-mortem online life.
  • On the topic of police dogs, someone in the comments posted this 2007 Grits for Breakfast post, in which a consultant expert on the use of K9s says the dogs are wrong about half the time. No idea how accurate that is, though it’s consistent with what cops from LEAP have told me.
  • Publishers Weekly interviews comic artist Peter Bagge, whose new book is a collection of the editorial comics he has written for Reason over the years.
  • Wired follows up on bCurtis Melvin’s work using Google Maps to annotate North Korea’s geography.
  • WalMart supports an employer health care mandate. Weirdly, this will likely win the company praise from its traditional critics. In truth, this really is an effort to impose expensive, government-enforced burdens on the company’s mom-and-pop competitors. Yet another example of how behemoth companies tend to welcome federal regulation, not shun it. More regs make it more difficult for upstarts to compete.
  • Stock up on Nyquil and Allerest now. The feds may ban them. Ridiculous. When you consider how many people benefit from the acetaminophen’s pain relief properties, 458 deaths per year sounds almost like a rounding error. (MORE: They want to ban Percocet and Vicodin, too.)
  • The Daily Show’s terrific reporting from Iran.
  • Husien Shehada, a 29-year-old unarmed Virginia man, was shot dead while vacationing in Florida this week. Police were apparently investigating reports of a man carrying a gun outside a nightclub. It doesn’t appear that he did anything wrong at all. The police bizarrely then interrogated the man’s brother and girlfriend about whether “they spoke Arabic,” then arrested the man’s brother for beating his girlfriend (he denies the charge). The cop who shot him was back on duty four days later, during which he was involved in a second fatal shooting. He’s now on paid desk duty. More here.

  • Morning Links

    Tuesday, June 30th, 2009
  • Length of original U.S. Constitution: 11 pages. Length of most recent energy/cap-and-trade/global warming bill: 1,200 pages.
  • Cross-dressing clown robs liquor store.
  • Sued if you do, sued if you don’t–the real problem with the Ricci case.
  • Good interview with Peter Neufeld, co-found of the Innocence Project.
  • There, I Fixed It.
  • Via John Tabin, if the U.S. Senate confirms Sotomayor, last week’s SCOTUS ruling granting criminal defendants the right to cross-examine forensic experts who author reports submitted into evidence may already be in trouble.
  • Police bring six cruisers, eight cops, a helicopter, and use pepper spray to break up . . . a fundraiser for a Democratic congressional candidate.
  • Cool Google Maps ap plotting the spots featured on Diners, Drive-Ins, and Dives. That show makes me want to eat my television. Can’t believe Guy Fieri hasn’t come within 45 miles of D.C. yet, though.

  • Last Two Parts of My Interview With The Atlantic

    Friday, June 19th, 2009

    In part four, I talk about my reporting on Dr. Hayne and West and the problems with the forensics system.

    In part five, I suggest five ways to reform the criminal justice system.

    Supreme Court Says No Right to Post-Conviction DNA Testing

    Thursday, June 18th, 2009

    In a 5-4 ruling, the Supreme Court has ruled that prosecutors aren’t obligated to turn over DNA for testing after someone has been convicted, even if the state acknowledges that a DNA test would prove conclusive as to guilt or innocence, and even if the defendant agrees to pay for the testing himself.

    Representing the convicted man, the Innocence Project argued that a right to access a simple test that could establish actual innocence would be covered by the Constitution’s due process clause.

    I wrote about the case, District Attorney’s Office for the Third Judicial District v. Osborne, for The Daily Beast last March.

    MORE: I’m troubled by how many people say “I don’t see how you can read a right to DNA testing into the Constitution.” The Constitution isn’t an exhaustive list of your rights. It’s a document that delegates powers to the federal government, and through the Fourteenth Amendment, prevents some states from violating certain rights. One of those is the due process rights of each state’s citizens. If “due process” means anything, I would think it would mean the right of an innocent person to access evidence so he can perform a simple test to prove he isn’t guilty. Yes, the facts of this specific case were unfortunate. It wasn’t the ideal test case. That doesn’t make the ruling any less troubling.

    I’m traveling, so I haven’t had time to read the opinion thoroughly, but at first blush it would seem that after Osborne, a state legislature that just realized some serious flaws in its criminal justice system and sees possible exonerations and lawsuits coming down the pike could simply pass a law making it difficult or impossible to obtain DNA evidence post-conviction, and head the looming crisis off at the pass. Seems to me this decision puts a heck of a lot of faith in the political process to keep something like that from happening. And we’ve all seen how good the political process in say, Mississippi, has been at making sure its courts are delivering justice, and not merely convictions.

    MORE II: Steve Verdon has a more thorough analysis.

    Morning Links

    Wednesday, June 17th, 2009
  • Another woman comes forward to claim she was sexually assaulted by the rogue police narcotics unit in Philadelphia.
  • Germany set to ban violent video games.
  • Oklahoma officials plan to charge the paramedic, not the cop, in the fallout from the videotaped confrontation, in which the cop pulled the ambulance over, then gripped and choked the paramedic’s throat, all while a patient was inside the ambulance.
  • Poker Players Alliance vows to fight fed seizure of players’ winnings.

  • Envisioning a post-secession United States.
  • The man I wrote about earlier who was imprisoned an extra 16 years because of an opinion joined by Judge Sonia Sotomayor before DNA exonerated him, now has an op-ed in the Politico questioning her alleged “empathy.”
  • Via P.J. Doland, “play us off, keyboard otter.”

  • Ideas on Criminal Justice

    Tuesday, June 16th, 2009

    Conor Friedersdorf was kind of enough to interview me for my thoughts on criminal justice reform for his new Ideas blog at The Atlantic.

    Here’s part one.

    Feds Hot on the Trail of a Dead Parolee

    Monday, June 15th, 2009

    It’s only Monday evening, but I’m officially designating this my favorite news story of the week.

    Hawkins was a felon, convicted of second-degree murder and assault, and a heroin addict who spent most of his adult life in and out of prison and on and off parole. The system lost track of him one day in July 2007, after he had been out on parole for about two years and failed a drug test at his rehab center. Although parole officers spent countless hours making more than 340 attempts to find him — phone calls to relatives and friends, certified letters, arrest record checks, visits to his last place of employment (Goodwill) and his last known address (the Samaritan Inn), sometimes with police officers in tow — they never found him.

    Hawkins died one year later, in July 2008, at 54, of metastatic lung cancer. His family has the death certificate and certificate of cremation to prove it.

    The system still hasn’t found him.

    But it’s still trying…

    The case is still active, Len Sipes said yesterday. Sipes is the spokesman for the Court Services and Offender Supervision Agency, or CSOSA, the federal agency that took over the D.C. parole office nine years ago when the federal government assumed responsibility for the city’s prison system. According to its records, a warrant for Hawkins’s arrest, issued in April 2008, is still outstanding. He is to be supervised on parole until April 27, 2016.

    Last month, Hawkins’s parole officer called one of his sisters to ask whether she had seen him lately.

    “They said they were trying to get in touch with him because he’d been violating parole and they needed a number for him,” said Maria Watson, Hawkins’s younger sister. “I said, ‘Well, you can call 1-800-G-O-D.’ “

    …The phone call was only the latest frustrating twist for Hawkins’s family. Parole officers have called other siblings for the past several months, they said, and they have all told the officers the same thing: Edward is dead.

    I can see how the parole officers might have had some difficulty piecing together such puzzling, ambiguous hints about Hawkins’ whereabouts. If only the family had been more cooperative.

    Oh, and here’s the punchline…

    CSOSA’s 344 or so community supervision officers, or parole officers, are responsible for keeping track of 15,000 parolees at any one time. The most potentially dangerous — currently about 800 — are fitted with ankle bracelets equipped with GPS tracking devices. Officers keep tabs on the rest through the Supervision and Management Automated Recording — or SMART — system.

    But the system must be smart, right? I mean, it says so right there in the acronym.

    Super-Powered Police Dog Proves a Paltry Pooch; People It Imprisoned Exculpated

    Monday, June 15th, 2009

    Incredible story from Orlando, where police and prosecutors were apparently convicting people of violent crimes based almost exclusively on the “testimony” of a police dog whose handler claimed has extraordinary powers.

    Last weekend, we looked at the case of Bill Dillon, the Brevard County resident imprisoned for 27 years before DNA tests set him free…

    At least two other men suffered the same fate — and another shared link: a dog.

    Not just any dog. A wonder dog helped convict all three men: a German shepherd named Harass II, who wowed juries with his amazing ability to place suspects at the scenes of crimes.

    Harass could supposedly do things no other dog could: tracking scents months later and even across water, according to his handler, John Preston.

    Judges and juries apparently bought this crap for years. It finally came to an end when Judge Gilbert Goshorn ordered the dog to perform a basic tracking test after Preston claimed the dog had alerted to a suspect’s scent at a crime scene six months after the murder. The dog failed.

    So far, three people have been cleared after collectively spending more than 50 years in prison, all of whom were convicted primarily due to the dog’s alerts, despite other evidence exculpating them. Florida criminal justice activists say there may be as 60 more people wrongly convicted thanks to Preston and his dog.

    Yet Florida officials don’t seem to care, and have no plans to proactively look for other people who may have been wrongly imprisoned.

    In a statement, [Florida State's Attorney] Wolfinger’s office said it didn’t have a list of the cases in which Preston testified — nor even the records that would allow the office to compile such a list.

    Essentially, Wolfinger contends it’s up to defendants to raise questions about these decades-old cases.

    “Defendants have had rights in Florida to challenge their convictions through a well established post-conviction process,” the statement said.

    A similar response came from Crist’s office, which said: “We believe this is a judicial issue and should be handled on a case-by-case analysis through the judicial system.”

    A spokeswoman for the state’s top cop, Attorney General Bill McCollum, simply declared the matter beyond her boss’s “jurisdiction.”

    Sunday Afternoon Links

    Sunday, June 14th, 2009
  • The NY Times Nicholas Kristof says the drug war has failed. Meanwhile, New York Gov. David Paterson says it’s time for a conversation about legalizing marijuana. Which isn’t exactly courageous, but it’s a start.
  • So you wanna’ be pals? Will be sad the day the pig catches the pup eating a Beggin’ Strip.
  • Oklahoma officials finally release dash cam video from the car of the cop who choked the paramedic. The cop also had his wife in the passenger seat when all this went down.
  • A day at the wiener dog races.
  • Another DNA exoneration in Dallas County, Texas.
  • NYPD cops go on trial for fabricating a drug bust. Were it not for the club’s security cameras, two innocent men would almost certainly be in prison.

  • Saturday Links/Open Thread

    Saturday, June 13th, 2009
  • British government tells photographers there are some locations where photography isn’t permitted, but won’t say which locations.
  • This reminds me of my encounter with the dense Gene Koprowski.
  • High-speed video of bullets on impact.
  • Good early review for Agitator pal Ryan Grim’s new book, This Is Your Country on Drugs. You, Agitator readers, helped Grim out with editing suggestions last summer.
  • Draw this man a giraffe.
  • Fascinating, and sad, tale about what happened when a bunch of LAPD cops fielded a rec league soccer team.

  • Biden to Law Enforcement Groups: Sotomayor Has Your Back

    Wednesday, June 10th, 2009

    It’s gut-check time for the left.

    Vice President Joe Biden may have crossed the line when he assured national law enforcement groups Monday that Supreme Court nominee Sonia Sotomayor “has your back.”

    The remark quickly stirred criticism in the legal world, since Biden was making a pledge that a fair and objective justice would not necessarily be able to keep.

    Biden made the remark at an assembly of eight law enforcement groups after he detailed Sotomayor’s tough-on-crime record in the courtroom.

    “There’s a part of her record that seems to be, up to now, been flying under the radar a bit. And that’s her tough stance on criminals and her unyielding commitment to finding justice for the victims of crime,” Biden said.

    He then repeatedly said, “She gets it,” and sought to assure the law enforcement groups that she would be on their side.

    “So you all are on the front lines. But as you do your job, know that Judge Sotomayor has your back as well,” Biden said.

    Biden is of course known to shoot his mouth off. But he wouldn’t have said this unless he had some reason to believe it. It’ll be interesting to see if anyone on the left speaks up on this, or they’ll give her criminal justice record a pass and fall in line with the party.

    Sotomayor, Authoritarian.

    Tuesday, June 9th, 2009

    I mentioned the other day that the emerging image of Obama Supreme Court nominee Sonia Sotomayor is not one of an “empathetic” or “activist” judge, but one of a left-leaning authoritarian, sort of a mirror image of Samuel Alito. She’ll be a reliable vote to uphold government power, be it for cops, prosecutors, regulatory agencies, or the executive.

    It’s looking more and that way. From today’s L.A. Times

    Though her critics portray the Supreme Court nominee as a liberal activist, her colleagues and legal opponents in the early 1980s draw a picture of her as a zealous prosecutor whose experiences combating crime have made her, according to experts who have studied her legal decisions, something of a law-and-order judge, especially when it comes to police searches and the use of evidence…

    Gerald Lefcourt, a high- profile criminal defense lawyer in New York, appeared before Sotomayor while she was a federal district court judge. “She always seemed to be leaning toward the government — not outrageously so, but if you look at a lot of her criminal law cases you can see she’s pretty conservative,” he said.

    Lefcourt wasn’t surprised. He had faced off against Sotomayor when she was an assistant district attorney.

    Sotomayor was “very police-like,” he said. “Dismissive of what the defendant had to say about anything.”

    Sunday Links

    Sunday, June 7th, 2009
  • “‘Are you finding that the Internet is a big thing?’ asked Jane Hulbert, a helpful McDonald’s media-relations person, with whom I spoke a short while ago. Yes, I told her. In some quarters, the Internet is a very big thing.” (NOTE: Yes, I know this article was written in 1994 — that’s what makes it fun. That not so long ago, major corporations were still figuring out whether this “Internet” thing was worth getting involved with.)
  • I blogged about this case shortly after it happened, but the wife of a public defender who was pulled over for DWI because, the officer said, of “the smell of alcohol coming from inside the vehicle” and that the woman “had bloodshot, watery eyes and a flushed face,” is now suing in federal court. The boilerplate language was exposed when the woman’s blood test came back negative for any trace of alcohol.
  • More allegations against Philly narcotics cop Jeffrey Cujdik and his crew, this time of planting drugs during a raid.
  • Man’s body decomposes in minivan while NYPD cops . . . continue to paper the van with parking tickets.
  • Beautiful time-lapse videos from Tokyo.
  • Dahlia Lithwick on the prison boom.

  • At Last, Some Public Shame for Mary Beth Buchanan

    Friday, June 5th, 2009

    Mary Beth Buchanan’s expensive, high-profile, politically-loaded pursuit of Pittsburgh-area medical examiner Cyril Wecht has finally come to an end.

    The Pittsburgh Post-Gazette says it’s time for her career to do the same.

    When it finally came time to acknowledge the inevitable and seek to dismiss the charges, the U.S. attorney couldn’t resist taking one last stab at vindication, saying of Dr. Wecht, “He wasn’t acquitted of anything. It was a hung jury. However, in our society, everyone is innocent until proven guilty.”

    Indeed. And as Ms. Buchanan spectacularly failed to prove Dr. Wecht’s guilt, that last insinuation of guilt was inappropriate. It is time for Ms. Buchanan to take responsibility for her failure and resign before President Barack Obama asks for her resignation, which he could not now be blamed for doing.

    If President Obama is reluctant to pursue any sort of sanctions against the people who politicized the Justice Department for fear of appearing vindictive, he should at least take the time to review possible incidences of wrongful prosecution by the Bush administration’s more bloodthirsty U.S. attorneys.

    He could start with Buchanan and the case of Dr. Bernard Rottschaefer.

    Morning Links

    Friday, June 5th, 2009
  • How FDA regulation of tobacco will become a public health disaster. The public health community’s aversion to less unhealthy tobacco products really is killing people.
  • I’ve been waiting for this Nancy Rommelmann piece from our July issue on the “sexting” panic to go online. It’s really well-written and well-reported.
  • Anti-boobs terrorist burns down topless coffee shop.
  • More on Boomtown D.C.
  • Boston Mayor Thomas Menino rarely gets much of anything right. So it’s worth praising him when he does.
  • Medical marijuana grower in Seattle gets robbed, calls cops, then gets robbed a second time by the city government.
  • Police in Michigan tase giant stuffed toy cougar. Stay.

  • Morning Links

    Thursday, June 4th, 2009
  • Chinese police storm Tiananmen Square to stave of anniversary protests.
  • Chinese websites subtly mark the anniversary, protest censorship.
  • Recession has put nation’s public defender offices in crisis.
  • Texas cop tasers 72-year-old woman for refusing to sign a traffic ticket.
  • Weirdest attack on libertarianism I’ve seen in a long time. Libertarianism seems to mean whatever the person attacking it wants it to mean.
  • Cop damages photographers camera, wrongly arrests him for videotaping an accident scene.

  • Morning Links

    Wednesday, May 27th, 2009
  • Last week, Obama signed four more bills without first posting them on the web for five days, as he promised during his campaign.
  • D.C. Councilman Jim Graham wants to fight crime by . . . banning or restricting restaurants that sell pizza-by-the-slice.
  • A little heavy-handed, but the sentiment is accurate.
  • Put me firmly in the Freidersdorf camp, here. If the right is going to recover, it’s going to recover with ideas. And there aren’t many ideas coming from Levin/Hannity, reactionary wing of conservatism. Just invective. Levin’s response is lovely: “You can’t criticize me, I’m hugely popular on the radio, and I sell lots of books!”
  • Supreme Court loosens restrictions on when police can interrogate a suspect without his lawyer present.
  • Death at the ballpark!