Category Archives: Law & Law Enforcement

Look! There Is Hope! Sometimes The System Actually Works!

hallelujah

The 8th Circuit Court of Appeals rejected the absurdly lenient prison sentence given to an Iowa police officer who brutally beat a man without cause, then filed a false police report accusing his victim of attacking him. Mersed Dautovic had been sentenced to just 20 months for the attack after a four-day trial in which a Des Moines jury found him guilty of using excessive force and obstructing justice.

Though the sentencing guidelines called for a range of 135 to 168 months, the trial judge sentenced sentenced Dautovic to only 20 months in prison.
A three-judge panel on the 8th Circuit found this to be a “substantively unreasonable” punishment for Dautovic’s “egregious” conduct, which included savagely beating an innocent man, causing his victim serious and permanent bodily injury, then writing a false police report that caused the beaten man and his girl friend to have criminal charges filed against them,  and offering perjured testimony against them at their trial.

“When the totality of the circumstances is considered, a variance from the guidelines range of 135 to 168 months’ imprisonment to a 20-month sentence is unreasonably lenient,” Judge Roger Wollman wrote for the court in his 14-page opinion.

Ya think?

Well what do you know…justice was done within the system!

In a case involving police misconduct!

When the cop was white,

And his victims were black!

And there were no demonstrations, riots, or looting involved!I guess that’s why you didn’t see this in the news.

_______________________________

Source: Courthouse News Service.

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Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

McCulloch: Mission Impossible

McCulloch: Mission Impossible

  • CNN’s Unethical Experts. Where does CNN find these people? Carol Costello interviewed two former prosecutors regarding the beginning of grand jury deliberations in Ferguson, both female; one white and blonde, one African American. (As soon as I retrieve the names of these disgraceful representatives of the legal profession, I’ll add them to the post.) The African American prosecutor made her position clear: since St. Louis County Prosecutor Robert McCulloch has the authority to charge Officer Darren Williams without resorting to a grand jury, that’s what he should do. She termed his resort to a citizen panel to review the evidence a “punt.” Note that McCulloch’s critics have no idea what evidence is in his hands, so criticizing his decisions regarding it is by any measure irresponsible, unprofessional and unfair. She also  suggested that McCulloch was biased against African Americans because his father, a police officer, had been shot and killed by a black man. She presented no other evidence of racial bias. Then Costello went to the blonde ex-prosecutor, who a) agreed that using the grand jury was a “punt”—again without her personal knowledge of the evidence being considered; b) opined that the evidence was probably a mess, and was not clear enough or sufficient to conflict the officer of anything, so c) what should be done is appoint a special prosecutor as in the Trayvon Martin case. She noted that the Martin special prosecutor, Angela Corey, brought an indictment without using a grand jury, and that while the case may not have had enough evidence to sustain a conviction...“at least it calmed things down.”   

Continue reading

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Comment of the Day: “Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express”

lynch mob

I had just read a nauseating post by self-declared liberal pragmatist Justin Barogona, who authored this despicable sentiment:

“The fact is that the protests would quickly simmer down if a handful of actions were taken, none of which involves SWAT teams, tear gas, riot gear, assault rifles or armored vehicles. The moment Ferguson police officer Darren Wilson gets charged with the murder of Mike Brown, the city of Ferguson won’t find itself overtaken with protests, rallies and marches…Wilson needs to be charged with a crime, and that needs to happen sooner rather than later. Anger and frustration will only continue to build upon itself as long as Wilson isn’t staring down a murder charge.”

This is essentially extortion, bordering on terrorism, I thought. Is this really mainstream liberal thought today in the United States—mob coerced indictments, regardless of truth, due process or fairness? Sacrifice a possibly innocent public servant so Ferguson, Mo. won’t burn? Bragona’s smug insistence that the obvious course of action is to charge a man with murder for political expediency marks him as beneath contempt, an enemy of the rule of law as well as basic fairness and decency. But how close is the position of Eric Holder and the Justice Department, as well as President Obama?

This story, telling us the the Obama Administration is promising civil rights leaders “justice,”  is ominous. “Justice,” to the protesters and those who decided to make the death of Mike Brown another symbolic indictment of white racism, and the facts be damned,means only one thing: tar Darren Wilson as a racist killer. Is Obama playing a dangerous game of deceit with his core supporters, or is he merely promising justice as it is supposed to be, letting the law follow the facts after an objective investigation? The latter is the obvious ethical and responsible course, indeed the only legitimate course. I don’t believe that is what is intended or meant, however. I think the Obama Administration is determined to prosecute Wilson regardless of what the investigation reveals, because it does not have the integrity or courage to oppose the mob, and “liberals” like Bragona.

Then I read about  Isis beheading photo-journalist James Foley, and their threat to kill another American if Obama doesn’t capitulate to their demands. As the two situations began to coalesce as a blog post in my fevered brain, Chris Marchener posted what follows, making my post superfluous.

Here is his Comment of the Day on the post, Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express: Continue reading

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Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express

trains_collision

I just can’t find a photograph of three trains running into each other–in the world of rail transport, that’s impossible.* With Ethics Train Wrecks, however, anything is possible, especially stupid, dishonest, and irresponsible things.

  • The Washington Redskins, one would think, have enough problems guiding their own Ethics Train Wreck, with the team’s owner, who would have been wise, prudent  and responsible to quietly get rid of an archaic name and logo before it became the focus of extreme political correctness bullying, having to battle government censors and opponents of free speech as well as censorious journalists and cynical Native American race-hucksters. But no! Some members of the team apparently feel that if one Ethics Train Wreck is fun, two is twice as nice. Thus it came to pass that during Monday night’s pregame introductions for the televised exhibition game against the Cleveland Browns, several Redskins players ran onto the field with their hands raised as a gesture of support for the slain Ferguson teen, Michael Brown. Brown, writes Yahoo’s Jay Busbee, “was killed by police even after witnesses said he raised his arms and told police he was unarmed. As a result, arms raised in surrender have become a symbol of solidarity and protest in connection with the Ferguson story.” [ Side Note: This is incompetent and biased reporting. Some witnesses say that; others dispute it. No account has been certified as true. Busbee suggests otherwise, and he also can't write worth a damn: How could Brown have been killed by police after witnesses reported how he was killed?]  The idea originated with Washington safety Brandon Meriweather and cornerback DeAngelo Hall, and several players followed their lead.

Wrong, wrong, wrong: Continue reading

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The Protest Ethics Check List And The Ferguson Demonstrations

APTOPIX Police Shooting Missouri

Protests are an American tradition, with protective rights enshrined in the Constitution, and a distinguished legacy that includes the Boston Tea Party and Martin Luther King’s civil rights marches and rallies. They are also perhaps the most misused and abused device in national politics. Most of them are useless, many of them are stupid, and too many of them do tangible harm.

The Obama Administration’s crisis of the hour is the Ethics Trainwreck in Ferguson, Missouri, where a perfect storm arose when an an inept, distrusted and untrustworthy police force and a poor and frustrated African-American population clashed over the Rashomon shooting of an unarmed black teen. Now there are demonstrations every day in Ferguson; several people have been killed, and the demonstrations have spawned rioting and looting.

What is the purpose of all of this? It better be a good one, given its cost, and the protesters better be right. The problem is that the protesters can’t possibly be right at this point, because the facts aren’t known. We are told that the reason for the demonstrations is larger than mere anger over the shooting of Michael Brown; that it’s about police harassment, abuse and violence against African-Americans and their lack of accountability for it. That would only be a sustainable justification if in fact the death of Brown was an unequivocal, clear-cut example of the phenomenon being protested. It is not, not yet, and it may never be. So again the question has to be asked: is it ethical to be protesting in Ferguson at all? Continue reading

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Monday Morning Lessons in News Media Bias, Incompetence, and Manipulation of Public Opinion

Side profile of a journalist typing on a typewriter

It took all of 15 minutes this morning to see the incompetence and bias of the new media in action regarding two politically charged events currently unfolding:

1. The Washington Post: The Rick Perry Indictment

On page A3 of the Washington Post front section, this report by Post reporter Sean Sullivan was sub-headlined like this:

Texas governor denies any impropriety in feud with district attorney

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Prediction: The Ferguson Ethics Train Wreck

michael-brown-ferguson-shooting

The witness accounts of the death of Mike Brown that have received all of the publicity suggest that the unarmed teen, after being shot in a police cruiser while resisting arrest, bolted from the car and was shot dead by Officer Darren Wilson as he tried to escape, even after the victim stopped and appeared to surrender. This is the account currently on Wikipedia, for example, and even in the absence of a fair and careful investigation, is the account accepted as fact by the “Justice for Mike Brown” protestors.

To those who are convinced that the police are evil, jack-booted racists and that a police officer with no record of equivalent misconduct would shoot down an unarmed and surrendering teen in public, this undoubtedly seems like a plausible scenario.  It sure doesn’t to me. I can see one way it might have happened this way: After Brown, who was huge, hurt and frightened Wilson in the car when they fought, Wilson lost his composure, and fired in rage. If that was the case, then he should be prosecuted for murder. Nothing in even that scenario proves or even suggests racism, but Brown was black and the officer was white, and for too many in the African-American community, that is proof enough.

Now another account has surfaced, on that might support Wilson’s account. It is also more plausible, because it both explains and even justifies the shooting. That account suggests that rather than turning from his flight and surrendering, Brown charged Wilson, placing him in legitimate fear of  bodily harm.

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.

I confidently predict this, however, based on what occurred in the Martin-Zimmerman case: Continue reading

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More On The Perry Indictment: The Mark Of Hack Partisan Journalism

H

The unethical indictment of Republican Texas Governor Rick Perry in Travis County (Austin) for the “crime” of trying to force a drunk, power abusing, ethically corrupt district attorney from continuing to head the Public Integrity Unit—quick, now, Democrats…why is this a bad thing?—is a rare opportunity for otherwise incorrigibly biased journalists to show some token integrity and fairness. What is forfeited, after all, by admitting the obvious, that Perry is being railroaded by an abuse of prosecutorial power to derail him politically? Perry is no real threat to win the Presidency, no matter how high his stock is now. We all saw why in 2012.

So the liberal media has no need to play gotcha, and could, for a change, actually do its job: show the public why the indictment is nothing but a political hit job; why it’s a breach of legal ethics, how disgracefully Travis County DA Rosemary Lehmberg has conducted herself; why she is obligated to resign after breaking the law, trying to use her position to intimidate police officers on video, having her law license suspended, and apparently doing nothing about the fact that she is a raging drunk; why having such an individual heading up the agency responsible for public integrity is a threat to the public well-being and the public trust; and why a Governor of any political affiliation doing everything he can to pressure such a miserable and incompetent DA to resign as she had a professional obligation to do is, not merely not criminal, but admirable.

But most of them just can’t bring themselves to do it. So here is the Daily Beast partisan hack news commentary website, the yin on the left to the yang of Tucker Carlson’s partisan hack Daily Caller on the right, which wouldn’t be necessary if there weren’t a Daily Beast,  publishing this piece by its partisan hack staffer Mark McKinnon, implying that there may be validity to the indictment, suggesting that Perry did something wrong, and glossing over how disgusting it is that Lehmberg  still holds office. Continue reading

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Ethics Dunces: ABC News, Jonathan Karl and the Sunday Morning “Roundtable”

http://www.youtube.com/watch?v=xxX-qhJTfkI

Republican Texas Governor Rick Perry is being threatened with prison by a per se unethical and illegal grand jury indictment, obtained by special prosecutor Michael McCrum, that attempts to criminalize not merely political tactics, which is how critics are describing it, but the essential and obligatory efforts of a state’s elected leader  to remove a corrupt and unqualified district attorney who is unfit to serve, corrupt,defiant….and drunk as a skunk.

You can read various eviscerations of the indictment here, here and here; there are many more. So far, I can’t find a respectable legal source that finds the indictment anything better than jaw-droppingly absurd and an abuse of prosecution. Jonathan Chait, a left-ish pundit and far from a Perry fan (much like me, except for the left-ish part), nicely expresses his contempt of the charge here. A short hand version would be that Perry has been threatened with jail based on what he said about vetoing a bill, which seems like a First Amendment violation to me.

The reason for the Ethics Dunce call on ABC is that this morning, the network reported on the indictment of Perry and its effect on his Presidential prospects in 2016 without explaining the reason for the Governor’s actions that the prosecutor is straining to call illegal. A simple, thorough, clear explanation would be sufficient to cause any reasonable reader or listener to cry “What? You’re kidding! That’s not possible!” That explanation, however, was not forthcoming on ABC, and has been missing from other reporting as well. Continue reading

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Ethics Quiz: The Macaque’s Selfie

Macaque

The wonderful photo above has gone viral on the web, and is also causing serious debate among intellectual property lawyers. The weird tale is as follows:

Wildlife photographer David Slater was visiting a national park in North Sulawesi to photograph the wildlife. His subject was a group of crested black macaques, and when he left his camera unattended, the primates took advantage of the opportunity. Apparently attracted by the reflection and the noise the camera made when activated (the implications of the macaques doing this because they were interested in photography are too disturbing to contemplate, so I won’t),  one macaque took hundreds of photos of itself. Most were blurry and out of focus, just like the pictures my dad took, but a few were superb selfies that would have Ellen DeGeneres eating her heart out.

Wikimedia took the clear images off of Slater’s website, adding them to its collection of royalty-free graphic, and sending them all over the web as a result.  Slater now demands that the images be taken down or that he be paid for them. While Wikimedia argues that either the monkey owns the copyright for the photos or nobody does, the photographer claims that being the owner of the camera, and the artist who created the circumstances under which the macaque was inspired to release his inner Richard Avedon, he alone is the owner of the photographs.

As you might expect, copyright law is unclear on the issue of lower primate selfies, an art form that was not anticipated as the law evolved. I don’t care about that: today’s Ethics Alarms Ethics Quiz is about fairness:

Should Slater have full ownership of the macaque’s creations?

Continue reading

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