“We Understand One Of My Colleagues Raped You. Here, Have A Taco, And Shut Up”

taco

Some sadistic and none-too skilled cynic appears to be writing the news, and I don’t appreciate it, especially the news about how our justice system deals with rape.

Felipe Santiago Peralez, a La Joya, Texas police dispatcher, repeatedly assaulted, raped, terrorized,  and forced a woman into performing various sex acts during an “all night invasion of her body” while she was in the custody of the La Joya police department for a misdemeanor probation violation. Even after Peralez’s colleagues and superiors saw the jail security video, they refused to take his victim to a hospital for an examination as required by Texas law for all rape investigations. One of them was  kind enough, she says, to offer her a taco. (It is unknown if she actually ate the taco, or if it was yummy.) An officer also told her that if she breathed a word about what happened, she was liable to go “missing.”

This happened in 2014. The La Joya police chief at the time also saw the video, and reported it to city authorities. As a result, a Hidalgo County grand jury charged Peralez with three counts of civil rights violations and one count of “official oppression”—yes, I would agree that a cop sticking various objects, organic and otherwise, into a confined woman’s vagina without her consent qualifies as “oppression”— and he was sentenced to a whopping 6 months in state jail and 30 days in county jail after a plea bargain.

See? Those Texas types know how to handle rapists with rough, effective frontier justice…none of this lame California sentencing, with a rich kid Stanford swimmer getting just six months because he promises that he’ll devote his life, well, some time anyway, to telling other rich kids not to drink so much that they think unconscious women are blow-up sex dolls. Yup, none of that slap on the wrist nonsense in Rick Perry’s domain! There, a police rapist gets six months AND another month. It serves him right! Don’t mess with Texas!

All of this comes to light in a law suit filed by the victim, referred to as A.R., that names Peralez, the City of La Joya, its former and current police chiefs, its city administrator, several La Joya police officers, the city of Peñitas, its police chief and two more officers there, and asks for 70 million dollars in damages.

I feel like I’m losing my mind. How can an entire community become so corrupt that it would behave this cruelly and unjustly? The police officer who warned A.R. to keep her mouth shut was a woman. The whole story reads like the screenplay of a lurid revenge fantasy like “I Spit On Your Grave,” except that it’s missing the fun part where the victim meticulously tracks down her abusers and tortures them to death in the most ingenious and disgusting ways possible. Of course, it appears that A.R. would have to track down the whole town, including its police force and the grand jury. And the local news media. When the justice system delivers this kind of outrage, isn’t the media supposed to report it, and loudly? Maybe reporters were told that they might go missing too.

Or someone offered them tacos.

The absence of any national reporting on this two-year-old horror is just one of the aspects of the story I find disturbing. Such as… Continue reading

Madeleine Albright Scores A Perfect #22!

perfect-10-score

Former Secretary of State Madeleine Albright is in some respect the perfect surrogate for Hillary Clinton, another former female Secretary of State. She has not been the deftest of supporters, however. The last time she made the news and Ethics Alarms with the statement that women who didn’t support Hillary Clinton would burn. “There’s a special place in hell for women who don’t help each other!” she said, making a pure and shameless group identification argument for Clinton’s candidacy.

Now, however, she has outdone herself, warming the cockles of Ethics Alarms’ heart by giving us a perfect Number 22 on the Ethics Alarms rationalization list [ The last perfect #22 honored here was this, in 2014]. I had conceded the Rationalization Championship in this campaign to Donald Trump and his supporters, as they avoid ethics entirely most of the time and default to rationalizations as a matter of reflex . Do they know rationalizations are neon markers of unethical reasoning? No, they don’t. The Donald’s favorites appear to be… Continue reading

Ethics Dunce: Santa Clara County Superior Court Judge Aaron Persky

Let’s see if this sentence generates a fraction of the national attention that the so-called “affluenza” sentence did. For this is much, much worse.

Star Stanford swimmer and Olympic swimming team candidate Brock Turner was arrested in the early morning hours of Jan. 18, 2015  when two Stanford graduate students  saw him on the ground, thrusting his hips atop an unconscious, partially clothed woman. They called police; Turner ran, and police chased him down Turner. In trial, Turner claimed that the woman had consented, though police found her unconscious.

The jury didn’t believe him, and convicted Turner of assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. The usual sentence for sexual assault is six years in state prison. Santa Clara County Superior Court Judge Aaron Persky, however,  sentenced Turner to six months in county jail and three years’ probation. Turner could get out of prison after just three months.

For rape.

I do not find the Judge’s reasoning persuasive. His arguments were.. Continue reading

From “The Ethics Incompleteness Theorem” and “The Ends Justify The Means” Files, The Pautler Case: My Favorite Legal Ethics Dilemma Ever!

"Irena's Vow" Pictured L to R: Maja Wampuszyc, Tracee Chimo, Tovah Feldshuh (kneeling), Gene Silvers

The Sundance Channel was doing a “Law and Order” marathon this week, and I happened to see an episode from 2002 that I had missed. It was based on the Pautler case in Colorado from the same year.

In “DR 1-102,”  Assistant DA Serena Southerlyn (Elisabeth Rohm) deals with a hostage crisis in which a man suspected of bludgeoning two women to death claims he will release his captive, held at knifepoint (above), if he can consult with an attorney. Southerlyn volunteers to enter the scene, and obtains both the hostage’s release and the killer’s  surrender, but only by deceiving him into believing that she is his lawyer, and not a prosecutor working for the police and the State. Although Southerlyn is hailed as a hero, the bar seeks to disbar her, charging her with violating Disciplinary Rule 1-102 (now New York RPC 8.4 d., which prohibits lawyers from lying.  .

Actually, Serena did a lot more than that, as did her model, Mark Pautler, the Jefferson County (Colorado) assistant D.A. whose real life conduct created a legal ethics dilemma that is debated to this day.

On June 8th, 1998, Chief Deputy District Attorney Mark Pautler  arrived at a gruesome crime scene where three women lay not just murdered, but chopped in the skull.  All had died from hit in the head with a wood splitting maul. The killer was William Neal, who had apparently abducted the three murder victims, one at a time, and killed them over a three-day period. Now, police said, he was at another locale, having released three hostages he had held in terror for about 30 hours. Neal left in the apartment a tape recording that detailed all of his crimes, including a fourth murder and rape at gun point.

Neal contacted police at the apartment using his cell phone and personally described his crimes in a three-and-a-half hour conversation. The officer speaking with Neal took notes of the conversation and occasionally passed messages to Pautler and other officers at the scene. A skilled negotiator, she urged the maniac to surrender peacefully. Efforts to ascertain the location of Neal’s cell phone were unsuccessful, and it was feared that if Neal did not surrender, others would die.

Neal made it clear he would not surrender without legal representation. The police did not trust the public defenders office to handle the situation, fearing that a defense counsel’s advice might lead Neal not to place himself in police custody. Pautler also believed that a public defender would advise Neal not to talk with law enforcement. Neal was savvy enough, he felt, that a police officer could not effectively pretend to be his lawyer, so Pautler agreed to impersonate a defense attorney over the phone He told Neal that his name was was “Mark Palmer.”

Though in the ensuing phone conversation Pautler tried to avoid giving direct legal advice, it was clear that Neal believed “Mark Palmer” worked for the public defender’s office and represented him. And the deception worked: Neal eventually surrendered without further incident.

Not surprisingly, the Colorado Bar had problems with Pautler’s conduct. He was charged with violating two ethics rules, the equivalent of the one used in the “Law and Order” episode and also Colorado Rule 4.3, which requires a lawyer to inform an unrepresented party so it is clear that he isn’t representing him, and to give no legal advice other than to get an attorney. They could easily have charged him with violating others. like Rule 1.3, requiring diligent representation (Call me a stickler, but trying to trick your client into surrendering to police isn’t what the rule has in mind), Rule 1.4, which requires a lawyer to keep a client informed (“Oh: I’m really a prosecutor!“), Rule 1.6, Confidentiality (Pautler shared what Neal told him with police; a lawyer can’t do that! ) Rule 1.7, Conflicts of Interest (Ya think?) and Rule 4.1, which prohibits lawyers making false statements of fact, like “I’m here to help you.” Continue reading

Observations On Donald Trump’s Anti-Judge Rant (And The Selective Outrage Regarding It))

donald-trump

If I was still doing an “Unethical Donald Trump Quote Of The Day,” it certainly would have qualified. Here is Trump, blathering on, as usual,  at a rally about the case that is currently pending in federal court regarding the alleged charges that Trump University was a scam:

The trial, they wanted it to start while I am running for President. The trial is going to take place sometime in November. There should be no trial. This should have been dismissed on summary judgment easily. Everybody says it, but I have a judge who is a hater of Donald Trump. He’s a hater. His name is Gonzalo Curial. And he is not doing the right thing. I figure what the hell? Why not talk about it for two minutes. Should I talk about it? Yes? [cheers and applause] so we should have won. . . .

I am getting railroaded by a legal system, and frankly they should be ashamed. I will be here in November. Hey, if I win as president, it is a civil case. I could have settled this case numerous times. But I don’t want to settle cases when we are right. I don’t believe in it. When you start settling cases, do you know what happens? Everybody sues you because you get known as a settler. One thing about me, I am not known as the settler.

And people understand with this whole thing, with this whole deal with the lawyers, class action lawyers are the worst. It is a scam. Here is what happens. We are in front of a very hostile judge. The judge was appointed by by Barack Obama – federal judge. [Boos]. Frankly he should recuse himself. He has given us ruling after ruling, negative, negative, negative. I have a top lawyer who said he has never seen anything like this before. So what happens is we get sued. We have a Magistrate named William Gallo who truly hates us.

The good news is it is a jury trial. We can even get a fully jury. We are entitled to a jury, and we want a jury of 12 people. And you are going to watch. First of all, it should be dismissed. Watch how we win it as I have been treated unfairly. . . . So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . . .

A lot of people said before you run you should settle. I said I don’t care. The people understand it. And they use it. So when I have 10,000 people, and when we have mostly unbelievable reviews, how do you settle? And in fact, when the case started originally, I said how can I settle when I have a review like this? Now I should have settled, but I am glad I didn’t. I will be seeing you in November either as president. And I will say this. I have all these great reviews, but I will say this. I think Judge Curiel should be ashamed of himself. I think it is a disgrace he is doing this. I look forward to going before a jury, not this judge, and we will win that trial. We will win that trial. Check it out. Check it out, folks. You know, I tell this to people. November 28. I think it is scheduled for. It should not be a trial. It should be a summary judgment dismissal. . . .

It is a disgrace. It is a rigged system. I had a rigged system, except we won by so much. This court system, the judges in this court system, federal court. They ought to look into Judge Curiel because what Judge Curiel is doing is a total disgrace. Ok? But we will come back in November. Wouldn’t that be wild if I am president and come back and do a civil case? Where everybody likes it.

Ok. This is called life, folks. . . .

Now, we are told, “legal experts” are concerned that this rant “signals a remarkable disregard for judicial independence.” Freaking out entirely, Washington Post writer David Post (I guess he’s the paper’s son?) wrote..

“No, this is called “authoritarianism.” It’s what Berlusconi sounded like, what Chávez sounded like and what Perón sounded like — for that matter, it’s what Sulla and Caesar and the others who helped destroy the world’s first great republic sounded like: I am bigger than the law, I AM THE LAW.”

I have searched and I have searched, and darned if I can’t find Post expressing similar horrors when President Barrack Obama attacked the Supreme Court of the United States while misrepresenting its decision in Citizens United to its face, during the televised  State of the Union address in 2010.  The New York Times Adam Liptak, however, wrote at the time, Continue reading

McDonald’s And The Blind Man: Why Law Is A Lousy Substitute For Ethics

mcdonalds drive-thru

Thirty-five-year-old Scott Magee is blind, and he resents the fact that McDonald’s has a policy denying walk-up customers at the  drive-through window at his local Louisiana Mickey D’s, as well as everywhere else.  The policy, let us stipulate, is objectively reasonable. McDonald’s has a right to designate a window for drive-through customers and to choose not to offer a walk-up service like Dairy Queens. (Come to think of it, I don’t know that DQ has that any more. Does it?)  It also has a right not to subject itself and its drive-though customers to liability for inadvertently hitting stoned fools who stumble over to the window late at night seeking munchies.

Magee and his Jackie Chiles-emulating New Orleans lawyer, however, are suing the burger chain, arguing that its refusal to accommodate non-drivers who are blind is a violation of the Americans with Disabilities Act.

Now a class-action lawsuit, filed last week  in Chicago’s federal court, alleges that McDonald’s has no “concern whatsoever for the accessibility of the late-night drive-thrus to the disabled.”

Oh, thank-you, George H.W Bush!* The ADA has always been an overly broad and mischievous law that endorses and enables the tyranny of the minority. I have often wondered how often all those wheelchair lifts the law forced financially strapped public transportation departments to install in their buses have been used, and what the cost per use is. I am certain it would have been far cheaper for the cities to just pay for cabs to drive the handicapped commuters door to door, but that would have stigmatized them.

Bush caved to the lobbying for  cultural acceptance of the very debatable concept that citizens have a right to force others, including the government, to solve all of their individual problems, and the cost to the rest of society just doesn’t matter. That idea, a really bad one and a slippery slope to boot, has taken hold with a vengeance, the most prominent recent example being the theory that because less than 1% of the humanity faces a dilemma when choosing which bathroom to use, the rest of the public must forego the comforting privacy of gender-segregated bathrooms and dressing rooms. All girls should learn to be comfortable looking at male genitalia, that’s all, says the Charlotte Observer. How did we reach teh absurd point where that proposition can be seen as more reasonable, equitable and  fair than asking transgender Americans  to endure the occasional discomfort of using the “wrong” bathroom so his or her fellow citizens are comfortable? Why is it preferable to launch a divisive and nasty cultural and legal battle over the issue?

Unless Magee’s case gets thrown out of court, and don’t bet on it, all fast food restaurants will be forced to set up and staff walk-up windows, eliminate drive-up windows, or close down their drive-through service when inside service is shut down for the night. (If Scott can’t have that convenience, no one should.) Either over-head will rise for all fast food chains, causing job losses and higher prices, or everybody will lose the convenience of after-hours drive-up service because there is no safe, reasonable, affordable policy that will satisfy Mr. Scott Magee ‘s late night cravings for McNuggets.

Yes, it would have been nice, and ethical, if the owner of the McDonald’s in question played a little ethics chess and worked out a quiet, compassionate way to make Scott feel loved and catered to. It would have been worth it to agree to just deliver Scott whatever he wanted when the munchies struck, even giving him a special number to call. It would also have been ethical–responsible, considerate, fair, proportional—if Scott just planned ahead and got his Big Mac before the place closed it’s doors. A little mutual consideration and flexibility, some sacrifice and concern for others, a willingness to see things from the other side’s perspective, and this could have been avoided. Instead, jobs may be lost, a convenient service may be sacrificed, prices will rise, business will be lost, and all because one blind man feels that the whole world should adapt to his needs, and not the other way around.

Yes, thanks Papa Bush!

Thanks, McDonalds!

And a special thanks to Scott Magee.

I sure hope he enjoys his burger.

It’s going to cost enough.

*In a moment of momentary amnesia and stupidity, I wrongly blamed the ADA on President Carter. I apologize to Jimmy, though I’m certain he was a supporter.  It’s still an overly broad, ethically muddled, pandering law.

How Much Have The Clintons Corrupted Democrats And American Society? This Much…

U-u-ncle S-sam? Is Th-that you?

U-u-ncle S-sam? Is Th-that you?

A  Rasmussen poll released this week found that 71 percent of Democratic voters believe Hillary Clinton should still run for President even if she’s indicted.

The President of the United States is charged with preserving, protecting, and defending the Constitution of the United States, which means making certain that the rule of law is respected and executed. Obviously, a Chief Executive who is herself a  felon cannot be trusted to perform these duties, and a candidate facing an indictment degrades the democratic process by forcing voters to even consider the prospect of voting for one.

It isn’t just Democrats.The poll shows that over-all, 50% of voters believe that it is acceptable for an accused felon to be elected President of the United States of America.

The Clintons (plural: Bill should have resigned after obstructing justice and lying under oath, and would have if he respected his office as much as he craved power) are not the only ones responsible for this tragic dive in American standards for leadership. It has been a long, slow, painful erosion, accelerated by criminal values being exhibited or extolled by several Presidents since Eisenhower, as well as Vice-Presidents Gore and Cheney; the news media’s willingness to accept or minimize unquestioned misconduct and skirting of laws when the “right” side engages in it; populist criminal heroes in the black community, like Al Sharpton, Marion Barry, Kwami Kilpatrick and others; the precipitous decline of trust in all institutions, from the Catholic Church to professional and college sports to the military; the accumulated ethics ignorance seeded by an incompetent and corrupt teaching profession; the defining down of deviancy from legal and ethical norms deliberately encouraged by the drug culture; ongoing efforts by the Obama Administration to reduce the stigma of law-breaking; the celebration of criminal anti-heroes in pop culture, and more. Continue reading

Ethical Quote Of The Day: Columnist Richard Cohen

Richard Cohen

“Trump could win. He could become president, commander in chief, ruler of the Justice Department and head of the IRS. In other words, the American people could elect someone who has not the slightest appreciation for the Constitution or American tradition. When Trump insisted that he could compel a military officer to obey an illegal order, I heard the echo of jackboots on cobblestone…. It does no good to argue that Trump is just doing a shtick, that he means little of what he says, that he is all swagger and bluff. Trouble is, his supporters do not see him that way. They take him at his word.

History nags. It admonishes. “American exceptionalism” is a phrase that refers to the past, not necessarily the future. Nothing is guaranteed. I’d like to think that Americans really are exceptional, that we have an exceptional faith in democracy and the rule of law. I now have some doubt. I always knew who Trump was. It’s the American people who have come as a surprise.”

—— Eccentric liberal  political columnist Richard Cohen in his essay, “Trump has taught me to fear my fellow Americans”

Richard Cohen is an odd duck in the world of liberal punditry. He is often emotional rather than rational; he wears his biases on his sleeve, and his ethical quirks are legion: for example, he is an infamous apologist for sexual harassment, and therefore Bill Clinton. He is not unperceptive, however, and I feel obligated to recognize him for one of the few times I have been in total agreement with his analysis.

I may have to start a new category called “Ethical Quotes About Donald Trump.” I promise if I ever encounter an ethical that is positive about The Donald’s divisive and dangerous candidacy, you’ll be among the first to learn about it. My assumption is that never the twain shall meet.

The Ethics Lessons In The Tragic Death Of Harambe The Gorilla

The primary lesson is this: Sometimes bad things happen and nobody deserves to be punished.

The tragedy of Harambe the Gorilla is exactly this kind of incident.

In case you weren’t following zoo news over the long weekend, what happened was this. On Saturday, a mother visiting the Cincinnati zoo with several children in tow took her eyes off of a toddler long enough for him to breach the three foot barricade at the Gorilla World exhibit and fall into its moat. Harambe, a 17-year old Lowland gorilla male, took hold of the child, and zookeepers shot the animal dead.

Then  animal rights zealots held a vigil outside the zoo to mourn the gorilla.  Petitions were placed on line blaming the child’s mother for the gorilla’s death. Other critics said that the zoo-keepers should have tranquilized the beast, a member of an endangered species. The zoo called a news conference to defend its actions.

Lessons:

1. Animal rights activists are shameless, and will exploit any opportunity to advance their agenda, which in its craziest form demands that animals be accorded the same civil rights as humans. Their argument rests equally on sentiment and science, and takes an absolute position in a very complex ethics conflict. This incident is a freak, and cannot fairly be used to reach any conclusions about zoos and keeping wild animals captive.

2. Yes, the mother made a mistake, by definition. This is res ipsa loquitur: “the thing speaks for itself.” If a child under adult supervision gets into a gorilla enclosure, then the adult has not been competent, careful and diligent in his or her oversight.  The truth is, however, that every parent alive has several, probably many, such moments of distraction that could result in disaster, absent moral luck. This wasn’t gross negligence; it was routine, human negligence, for nobody is perfect all the time. You want gross negligence involving animals? How about this, one of the first ethics essays I ever wrote, about the late “Crocodile Hunter” Steve Irwin holding his infant son in one arm while feeding and taunting a 12-foot crocodile? You want gross negligence amounting to child endangerment? Look no further than the 6-month-old waterskiier’s parents. Taking one’s eyes off of a child  for a minute or two, however, if not unavoidable, is certainly minor negligence that is endemic to parenthood. Zoos, moreover, are not supposed to be dangerous. Continue reading

Ethics Hero : Don Huber

George Williams, finally free and on his way. If only I used barbers...

George Williams, finally free and on his way. If only I used barbers…unfortunately, that requires hair…

Here in Virginia, we are debating Governor Terry McAuliffe’s decision to let felons be jurors and to vote for Hillary Clinton (for whom they are are presumed to have natural affinity, as well as for Governor McAuliffe himself, perhaps), but nobody would begrudge them the chance to be barbers.

That’s what George Williams is about to be: a barber. He just graduated from Tribeca Barber School in Lower Manhattan, and  will soon face state examiners to qualify for his New York barber’s license. He almost didn’t make it.

As he was about to be released four years ago from the infamous  Attica Correctional Facility where he was serving  his two- to four-year sentence for robbing a pair of Manhattan jewelry stores, a gang of prison guards brutally attacked and beat him. Williams had both legs and his collarbone broken, and a fractured eye socket  Doctors placed screws into one leg to hold the bones together.

Disgustingly, prosecutors allowed the guards involved to exchange a guilty plea to a lesser charge for a punishment that included no prison time. Here was their primary penalty: they can’t be prison guards any more. Funny, I would think that would be automatic, plea or no plea, when you beat prisoners half to death.

The story of George Williams’ beating and the ridiculously, suspiciously lenient sentences received by his state-paid muggers was one of the nightmarish Tales From The Dark Side of the Justice System in a front page of a The New York Times story about The Marshall Project. Williams was quoted as saying that he still  headaches and nightmares from the attack but was trying to save the $2,600 barber school tuition to start a new life as a law-abiding tonsorialist.

27-year-old United States Army specialist, Don Huber read the article while stationed in Fort Riley, Kansas. He had been raised in Attica, New York, and had just finished serving nine months  in Afghanistan with the First Infantry Division.

Huber was moved William’s plight and bothered by the bad reputation the incident  gave his community. Huber had gone to high school with one of the guards who beat Williams, but had never met George. Still, Huber organized an online fundraising campaign to raise at least $2,600 to help the ex-prisoner get on with his life. The campaign quickly received $5,800 through more than 70 donations. Continue reading