Law & Law Enforcement

Judges Who Appear To Have Difficulty Grasping The Seriousness Of Rape, And The Results Of Misallocating Values

/ Jack Marshall / 36 Comments
Ok, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious...have some compassion!

OK, I grant you, he drugged his wife to rape her for three years. But she was snippy when she was conscious…have some compassion!

In Indiana, Superior Court Judge Kurt Eisgruber decided that jail time was too harsh for David Wise, who was convicted of  drugging his wife, raping her in her sleep, and videotaping the rapes…for three years.  He sentenced Wise to eight years of home confinement, with the remaining 12 years of his 20-year sentence suspended. Prosecutors had asked for a forty year sentence.

For some reason, Wise’s victim and former wife Mandy Boardman still holds a grudge. She recounted to the press how she would wake up puzzled, with a half-dissolved pill in her mouth. Finally, all became clear when she found videos of sexual encounters on Wise’s cell phone, and her husband confessed to her that his non-consensual sex with his drugged wife had been going on for more than three years. In trial, he explained that she was a little snippy sometimes, so drugging her and having her unconscious during sex made it a lot more pleasant for him.

Judge Eisgruber has declined to explain why this horrendous crime doesn’t warrant imprisonment, though he is running for re-election unopposed this fall, making a write-in campaign for, well, just about anybody or anything essential, I would think. He did express concern with the victim’s conduct, however, imploring her to forgive her ex-husband for his astounding breach of  trust, respect, fairness, dignity, and honesty, not to mention the law, telling Boardman during the sentencing  hearing, “I hope that you can forgive him one day, because he’s obviously struggled with this and struggled to this day, and I hope that she could forgive him.” The judge added, helpfully,

“Ultimately, I think that helps a lot of people heal — it helps them to reach that point. Some can, some cannot. I’m not in her shoes, I’m not able to say one way or another … It’s not something that’s limited to her or this case. But when people are really struggling, I just offer that out. … I just hope that they find peace.”

Continue reading →

The Circus, The Animal Lovers, And The Saint’s Excuse

/ Jack Marshall / 11 Comments

Ringlings_Elephant

Animal rights groups just paid a large price for falling prey to #13 on the Rationalization List, The Saints Excuse, which is described in part thusly..

This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal…The Saint’s Excuse  allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.

And thus it was that  in 2000 a former Ringling Brothers circus worker filed a lawsuit claiming that the circus’s elephants were abused, just as animal rights groups have long claimed. It was later determined that he had been paid at least $190,000 by the animal rights groups, including the Humane Society, the Fund for Animals and the ASPCA, to back their charges. This is illegal. This is unethical. After a 2009 trial found that the abuse allegations could not be proved, the circus sued for legal fees. The ASPCA paid Ringling Bros. $9.3 million in a settlement in 2012, and now the other groups will have to cough up $16 million. They got what they deserved. Continue reading →

Comment of the Day #2: “Animal Ethics: Now THIS Is An Unethical Veterinarian”

/ Jack Marshall / 17 Comments

Sid the dog

Rarely has a post generated as many defenders of the target of my critique as the recent Ethics Alarms commentary regarding the Fort Worth, Texas arrest of Dr. Lou Tierce, an aging veterinarian who, according to Jamie and Marian Harris, agreed to euthanize their dog Sid—that’s Sid above— based on Tierce’s diagnosis, but instead kept the dog caged in filthy and inhumane conditions for six months, until a whistleblower on his staff alerted the Harrises. 

Here is a portion of the arrest report, regarding another dog at the same clinic:

“The dog was lying on the floor twitching in pain with one leg missing, one leg dislocated and two dislocated shoulders. I then spoke to the suspect, Dr. Millard Lucien Tierce. He told me that the injured black and white collie was his dog. He said he had given water and food to the dog but had not given any medical treatment to the dog. He said he had not euthanized the dog even though in his professional opinion he knew it needed to be.

Dr. Morris, DVM, of the Fort Worth Animal Clinic, arrived on the scene and performed an evaluation of the dog. He informed me that in his professional opinion the animal was a victim of animal cruelty and the conditions of the clinic were deplorable.

Animal Cruelty Investigator R. Jacobs spoke to Dr. Millard Tierce. Tierce told him he knew the dog needed to be euthanized but he did not allow it. He signed over ownership of his dog to the Fort Worth Animal Control and the Fort Worth Animal Control took the dog to their facility.

On April 29, 2014, Dr. M.L. Morris, DVM examined the black and white border collie. Dr. Morris concluded that the dog was emaciated, had severe mouth disease, cataracts, abnormal overall health, non-ambulatory bottom of foot missing, had a degenerative neurological and untreatable disease and should have been euthanized when originally accepted for treatment. The dog was then euthanized by the city of Fort Animal Shelter.

Due to the aforementioned facts and information being related to me as a result of this investigation, I have reason to believe and do believe that Millard Lucien Tierce, did commit the offense of Cruelty to Non-Livestock Animals, against the laws of the State of Texas as set forth in the Penal Code; 42.092 (b)(l).”

Nonetheless, several loyal clients of Tierce’s clinic wrote to protest. They had entrusted their pets to him for many years, and he was clearly incapable of any kind of cruelty to Sid or any animal. The real villains were the Harrises. Or the tech who alerted them that their dog was still alive and being used for blood transfusions. Just wait, they assured me, when all the facts come out, this veterinarian from Hell will be exonerated. That the only way this could possibly occur would be for it to be proven that what the police thought was Sid was actually a hologram didn’t deter the doctor’s defenders at all.

Luckily, commenter Candy Roberts, a veterinary technician, put their arguments in perspective. Here is her much appreciated Comment of the Day on the post, Animal Ethics: Now THIS Is An Unethical Veterinarian: Continue reading →

KABOOM! A Judge Bends Over Backward To Make Sure A Crooked Cop Keeps His Pension

/ Jack Marshall / 11 Comments

head_explodes

I don’t see how a justice system that allows this nonsense can maintain any credibility whatsoever. Thus my brains and skull fragments are scattered all over my office. Read on at the peril of a blown cranium.

James Romano is the police chief of Scott Township and a part-time police officer in Dickson City in  Lackawanna County, Pennsylvania. Last year, he was investigating sexual misconduct charges against a local high school teacher that he had filed himself. Romano began a romantic relationship with a woman whom he was interviewing as part of that investigation. In the process, he revealed confidential investigative information about the case ( he told her she was “his favorite victim”), and when he learned that she was going to be interviewed by authorities, Romano texted her a message saying “just remember nothing about me,” and later told her not to tell the truth to investigators. Roman was charged with two counts of intimidation of a witness or victim, and one count of obstructing administration of law or other governmental function.

Are you ready? Romano pleaded guilty and agreed to resign his post, but his lawyer persuaded Lackawanna County President Judge Thomas Munley to defer Romano’s sentencing until the state confirms that the former chief will receive his pension, a determination that may not be made until Mr. Romano turns 50, seven years from now.

KABOOM!

Continue reading →

A Shocking Legal Ethics Violation In Utah

/ Jack Marshall / 20 Comments
So...would you like to revise your testimony about the harmless electric shock, Professor?

“So…would you like to revise your testimony about the ‘harmless electric shock,’ Professor?”

(The title is an uncreative and obvious pun, but on the other hand, how often do I have a chance to make it?)

I always advise lawyers that whenever they have a sudden inspiration that involves a trial tactic that they have never heard of anyone else trying, they need to stop and examine whether there are ethical issues involved. Here is a good example of why that’s a good idea.

Electricity expert Athanasios Meliopoulos, while testifying to dispute the claim of Utah dairy farmers who had sued a power company alleging that current from its plant harmed cattle grazing nearby,  said under oath that 1.5 volts could not be detected by a human being.

Don Howarth, an experienced Los Angeles litigator who represented the farmers, decided to undermine the expert’s testimony on cross-examination by giving Meliopoulos  a joke shop pen that was rigged to deliver an electric shock. Howarth told the witness that the retractable pen contained a 1.5-volt AAA battery and challenged him to click it and “tell the jury whether you feel it or not.” What he did not tell the witness, or the jury, or the judge, was that in addition to the AAA battery, the pen also contained a transformer that boosted the battery voltage to up to 750 volts, enough to deliver “a harmless powerful shock,” according to the pen’s packaging.

Meliopoulos, a Georgia Tech professor, pushed the ball-point pen’s button  and was indeed shocked enough to cause  his body to jerk and force him to drop the pen.

How unethical is this? The judge, in fining the lawyer $3000 and issuing other sanctions, listed the breaches: Continue reading →

Cincinnati’s Swinger Parochial School Teacher Principle*

/ Jack Marshall / 10 Comments

Sexy nun*The reference in the title is to the “Naked Teacher Principle,” discussed often here. In brief, it holds that a teachers whose nude (or in some cases, almost nude or sexually provocative) photographs become publicly available cannot object when they are terminated as unfit to teach.

Teachers employed in the Catholic schools in the Cincinnati archdiocese are being asked to sign a new restrictive contract that denies them the option of engaging in acts outside the classroom that are in opposition to Catholic teachings. It expressly forbids a “homosexual lifestyle” as well as any public support of homosexuality. It forbids abortions or advocacy of abortion rights, surrogacy, and in vitro fertilization.  A teacher who signs the agreement agrees not to live with a partner as a couple outside marriage,  engage in sexual activity out-of-wedlock,  and not to endorse either practice.

New York Times columnist Frank Bruni is offended by this, and feels it is unethical. “Does a Catholic-school teacher relinquish the basic privileges of citizenship?” he asks, pointing to political engagement and free speech. Continue reading →

The “Bernie” Sentence’s Message: The Lives Of Mean People Aren’t Worth As Much As Those Of Nice People

/ Jack Marshall / 27 Comments
Jack Black as Bernie, the nicest murderer you'd ever want to know.

Jack Black as Bernie, the nicest murderer you’d ever want to know.

“Bernie” is a quirky 2011 movie telling a strange and true story. Jack Black plays Bernie Tiede, an oddly cheery mortician who became a small town community favorite for his kind deeds and upbeat manner. Bernie even befriends the town pariah, a mean, rich old woman named Marjorie Nugent (played by Shirley Maclaine) whom he managed to reform–slightly–until she finally became even too much for him to bear, and in 1996 he shot her dead.

He was loved, she was hated, and the community (Carthage, Texas) rallied behind the murderer even though he hid his friend’s body in a freezer for nine months and spent about 2 million dollars of her money.  The pro-Bernie bias was so strong  prosecutors had to seek a change of venue, since no local jury would convict him. They got it, and a jury that knew neither charming Bernie nor his nasty victim found him guilty (because he was) and sent him to jail for life in 1997.

After the film was released, however, attorney Jodi Cole took up Tiede’s appeal. She discovered that he had a collection of books aimed at survivors of sexual abuse, and got Bernie to admit, for the first time, that he was abused as a child. Cole hired a psychiatrist who testified that Tiede’s abuse probably influenced the murder and his willingness to endure an abusive relationship with Nugent, until he finally snapped. This changed the mind of Panola County District Attorney Danny Buck Davidson, who told a judge Tuesday that he supported reducing the sentence to time served. State District Judge Diane DeVasto agreed. Bernie is now a free man, living in the apartment over the garage of the man who directed the film about him.
Continue reading →

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

/ Jack Marshall / 20 Comments
Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading →

No Ruth, Monica Is Still A Victim, Bill Is Still A Predator, And Why Do “Feminist” Pundits Still Make Excuses For The Clintons?

/ Jack Marshall / 33 Comments

biil-and-monicaThe Washington Post’s brigade of shamelessly ideological or just plain incompetent columnists has been out in force of late, placing me in a dilemma: if I write full posts calling all of them on their deceitful and irresponsible essays, I make Ethics Alarms look like Newsbusters, and if I don’t, only the angry, equally ideological columnists on “conservative media sites” will, and what they say doesn’t matter, because they’re all mean, lying “wingnuts,” don’t you know. So I’m going to let it pass that Kathleen Parker wrote yet another of her wishy-washy, hand-wringing protests against the fact that ethical decision-making requires policy makers to make tough choices, her craven proclamation that while it is true that some criminals deserve to die, she isn’t willing to accept her part in society’s obligation to see that they get what they deserve. I will note that either she or the Post scrubbed the online version of a sentence in the print version that actually said that explicitly, but never mind. Parker is still clear in her high-minded cowardice.

And I will restrain myself from awarding the Baghdad Bob Award to Eugene Robinson, who increasingly makes me wonder how much of a role affirmative action played in his Pulitzer Prize. He submitted a certifiably batty column proclaiming that the Obama administration has been a wonder to behold, that the economy is “fixed”, that the latest jobs and economic numbers were glorious, that Obamacare is an unequivocal success, and that the Democrats should declare that all is well, because it is. Meanwhile, just about every fact-based story in his own, relentlessly liberal newspaper rebutted his words. Robinson’s an opinion columnist: a point of view is necessary. Misleading readers ( “Critics have stopped talking about a hypothetical “death spiral” in which the health insurance reforms collapse of their own weight, since it is now clear that nothing of the sort will happen,” he wrote. I was able to find several such predictions from credible analysts written within the last two weeks, and I didn’t spend much time looking. Here’s one of them…) and partisan cheerleading, however, is unethical and unprofessional. The Pulitzer just isn’t what it used to be, I guess. Sort of like the Nobel Peace Prize.

I am going to take on Dana Milbank’s description of the Benghazi scandal as a “nothingberger”—Shouldn’t referring to a coordinated, news-media-assisted cover-up of  intentional public deception by a President in the midst of a Presidential campaign as “nothing” (never mind that the incident at the heart of the deception involved the deaths of four Americans, including an ambassador) disqualify a columnist from regular publication by a respectable news source?—-but not today.

No, today the winner is Ruth Marcus, a member of the Post’s editorial staff whose column this week spun the new Monica Lewinsky Vanity Fair piece as a boon to Hillary Clinton: Continue reading →

Ethics Dunces: The Quincy (California) Police

/ Jack Marshall / 17 Comments

police-academy

Awww, isn’t this cute?

I’ve got bad new for you, Quincy, California:

You aren’t serious enough.

The England-based company Wall’s… set a crew up in Quincy on April 11 to film a commercial to be aired online later this month…On Friday, April 11, the crew set up multiple cameras around the courthouse…The premise of the commercial was simple. Hagwood, along with Deputy Sgt. Carson Wingfield and actor Scott Peat from Los Angeles, would pull cars over in front of the courthouse for “driving too serious.”The commercial filmed in Quincy will be part of a larger ad campaign by Wall’s. Filming also took place in such countries as the United Arab Emirates and Columbia. The global message is simple: don’t take life so seriously.

At around noon last Friday, filming began. Rather than receiving a ticket, drivers were given a complimentary ice cream cone and their expressions and reactions were filmed for the commercial. All the drivers pulled over reacted well, and generally enjoyed being a part of the commercial….To show appreciation to Quincy for allowing the stunt, Wall’s held an ice cream social at the Dame Shirley Plaza later that afternoon. Droves of people showed up for free ice cream and live music.

It may be cute, but it is also unprofessional, unethical, and outrageous. Law enforcement is a serious responsibility always, with no breaks for ice cream commercials. Using the police power to pull over motorists on false pretenses to assist a company’s advertising campaign is an abuse of power, and illegal. Gee, I wonder what other gags this police department will pull for the right price?

I hope someone sues. A town cannot ethically rent out its police and use them to dragoon citizens into an ice cream commercial. No one complicit in this corrupt sell-out should be trusted with a budget, a title, or a gun. Ever.

_______________________

Pointer: Fred

Facts: Plumas County