A Compliant, Law-abiding and Unethical Murder House Sale

Immaterial

Immaterial

We last considered the issue of realtors sneaking murder houses by trusting purchasers nearly two years ago, when Jon Benet Ramsey’s home and place of death came up for sale. We had a knock down, drag out argument about it too. My position: while it might be legal for a seller not to disclose that a home was the site of a murder or worse (and in most places it is), and while many regard sensitivity on such matters mere superstition not worthy of serious respect, the seller and the realtor have an ethical obligation to inform  potential buyers when the property for sale is a murder scene As I wrote in the conclusion to the post about the Ramsey home:

“The truth is still this: there is something about the $2,300,000 house that makes it undesirable to a lot of prospects, and that means that even if the law doesn’t require the seller to tell interested house-hunters the story of the little dead girl in the basement, fairness and the Golden Rule do.”

This applies to the case at hand, where Pennsylvania’s Superior Court recently ruled that a murder-suicide occurring in a home is not a “material defect” that requires disclosure in that home’s sale. While a murder-suicide occurring in a house might be “psychological damage” to the property or its reputation, the court said, realtors don’t have to disclose it. Continue reading

Musings on the Strange Case of the Call Girl Olympian

Favor Hamilton, Olympian, call girl. in a recent promotional shot for browsing johns. "Faster, Higher, Stronger!"

Favor Hamilton, Olympian, call girl. in a recent promotional shot for browsing johns. “Faster, Higher, Stronger!”

The Smoking Gun, in what has to constitute the most ready-made plot for a cheesy movie in history, has obtained documents showing that three-time Olympian runner Suzy Favor Hamilton spent the last year living a secret life as a Las Vegas call girl. The entire story is jaw-dropping, including Hamilton’s comments about it once she was confronted with imminent exposure. It also raises some vivid ethical issues, as you might expect.

Beginning last December, the 44-year-old Hamilton  started working under the fake name “Kelly Lundy” with one of Las Vegas’s premier escort services, booking what the Smoking Gun terms as “scores of ‘dates'” in Vegas, where prostitution (I was surprised to learn) is illegal (though it is legal in other parts of Nevada), as well as Los Angeles, Chicago, Houston and other cities, where it is also against the law. She apparently was outed after she told one of her clients who she really was, and he couldn’t keep a secret.

Hmmmm.

A few observations: Continue reading

A Christmas Story Redux: Alek and the Controllable Christmas Lights

Go ahead! Try em!

Go ahead! Try em!

Christmas is right around the bend, so it is again time to celebrate Alek O. Komarnitsky and his creative, slightly wacky, Christmas lights extravaganza that he has transformed from a mildly unethical spoof to an act of charity and generosity.

Back in 2004, Alek received national attention for his whimsical holiday website that allowed people all over the world to turn his elaborate Christmas lights on and off from their home computers. Everyone had fun, which was clearly Alek’s design. Still, when it became known that his site was a hoax and that the lights going on and off were only an illusion, I weighed in (on The Ethics Scoreboard) with the opinion that perpetrating such a large-scale deception was wrong, no matter how well-intentioned and light-hearted. Alek took issue with my criticism, and we had a spirited e-mail debate.

Then, at a significant cost in time and money, Alek devised a way to really let people all over the world turn on his lights. He has done this ever since, and uses the site to raise money to cure Celiac disease. He writes: Continue reading

Ethics Dunce: The ABA Journal

"I just know we're forgetting something! "Effects"? No, that's not it..."Ethanol"? No, no..."Prosthetics"? Arrrgh! What IS it?

“I just know we’re forgetting something! “Effects”? No, that’s not it…”Ethanol”? No, no…”Prosthetics”? Arrrgh! What IS it?”

This is as disheartening and it is shocking. The American Bar Association Journal, the monthly magazine of the nation’s largest lawyer organization and in many ways the face of the legal profession in the United States, just announced its 6th Annual Blawg 1oo, its reader-chosen list of the best law-related blogs on the web. There are many excellent blogs honored, of course; indeed all of them are useful or entertaining. I’ve visited most of them, and some, like Popehat, the Legal Professions Blog, Above the Law, the Volokh Conspiracy, Scotus Blog,  the New York Personal Injury Law Blog, and Over-Lawyered, I check on several times a week. There is a remarkably wide range of blog topics covered, including superhero law, practicing law in China and zombies. Guess what’s not covered?

Legal ethics. Continue reading

Calorie Deceit

We really shouldn’t tolerate this kind of thing:

Potato chips????

Potato chips????

I know what people will say: it’s up to you to read the label carefully. And sure it is, but when I have 25 minutes to run to the local Harris Teeter and throw enough food into the cart to keep the family and the dog from starving over the coming four days, reading the fine print on intentionally misleading labels and doing quick mathematical calculations based on what I read really isn’t an option—-and obviously the food companies know it. Thus I just discovered that the tasty, vegetarian frozen burritos I bought on sale because they looked healthy as well as good had twice the calories that I thought they did. Continue reading

Of Course Barry Bonds Doesn’t Belong In The Hall Of Fame

Buy a ticket, Barry.

Buy a ticket, Barry.

A full complement of baseball’s steroid class is among the 37 players on the 2013 Hall of Fame ballot, so it was predictable that a new round of arguments would surface claiming that it is unfair, illogical, inconsistent or otherwise unseemly to exclude Barry Bonds and others from enshrinement. Predictable but frustrating: the arguments in favor of Bonds are arguments against maintaining ethical values, in baseball, sports, and American society.  It is also an annoying debate to engage in, and I have been engaging in it in various forms for many years, because Bonds’ defenders typically represent themselves as modern, reasonable, and realistic, while anyone making the quaint argument that cheating on a grand scale should earn shame rather than honors is mocked as judgmental, sanctimonious and naïve.  As ever, I am a glutton for punishment, and since otherwise wise and perceptive commentators like NBC Sports’ Craig Calcaterra choose to ally themselves with Bonds, I really am obligated to point out what a corrupt, illogical and unethical position it is.  If I and people like me don’t persist in this, we’ll have cheating approved as a cultural norm before we know what hit us.

Calcaterra has been supporting Bonds as a Hall of Fame candidate for a while now, but the title of his latest essay, “It’s Lunacy To Keep Barry Bonds and Roger Clemens Out of the Hall of Fame” is a gauntlet that begs to be picked up.  “Bonds and Clemens,” Craig writes, “ are two players who, in a just world, would be unanimous selections for induction…”  I find this an indefensible, even shocking, statement, both before and after the writer attempts to defend it. In a just world, a member of a profession who achieved his prominence in part by breaking the law and the rules, as well as lying about it, should be accorded the highest honor that profession has!  What an astounding point of view.

For simplicity’s sake, I’m going to leave Clemens out of this, in part because I can see a Hall of Fame voter credibly deciding that there isn’t enough evidence to conclude that The Rocket really did use performance enhancing drugs on the way to forging one of the top five pitching careers of all time, and in part because I suspect Craig of pairing Bonds and Clemens to make his various rationalizations more pallatable than they would be in defense of Bonds alone.  Belief in Roger’s steroid cheating rests entirely on the testimony of a proven liar and slime-ball, his former trainer. MLB’s Mitchell Report sided with the trainer, and I’m inclined to as well, but Clemens’ unfitness for the Hall of Fame, unlike Bonds (and Mark McGwire, Rafael Palmeiro, and some others), is not an open-and-shut case.

I give credit to Craig for not raising my least favorite of the Bonds defenses, that he has to be regarded as innocent because he has not been “proven guilty.” Calcaterra is a lawyer, and he understands the over-use and misuse of that cliché, as well as how it only applies when “guilty” means “you’re going to jail.” Indeed, he begins by conceding the obvious, that the evidence that Barry Bonds used steroids is overwhelming, which it is.

His first argument, however, is terrible. Under the ironic heading “Baseball Bonafides,” Calcaterra begins by reciting Bonds’ (and Clemens’) impressive list of achievements, which taken at face value show Barry Bonds to be one the best of the best, not just a qualified Hall of Fame baseball player, but an epitome of a Hall of Fame player along with such legends as Babe Ruth, Walter Johnson , Ted Williams and Willie Mays. “Put simply,” Craig says in conclusion, Bonds is an “immortal.” But he’s not-–not if he cheated, not if he achieved his historic status by corrupting his sport and lying to team mates and fans. And, as Calcaterra admits at the outset, this he did. As a result, the fact that Bonds won a record seven Most Valuable Player Awards is irrelevant. He cheated to win some of those awards. He gets no credit for them.  In Bonds’s case, “baseball bonafides” are not bona fide at all. Continue reading

UPDATE: A Cynical Ethics Tale That Wasn’t So Cynical After All

In the recent Ethics Alarms post The Asperger’s Child, the Company With A Heart, and the Cheapskate Parents: A Cynical Ethics Tale, I expressed both ethical and credibility doubts about the heart-warming story of a little boy who was sent the out-of stock LEGO set he had saved to buy for two years, only to discover that it was no longer manufactured and could only be purchased at premium rates via collectors or online auction. The child’s joyful reaction when he opened the box containing the set sent to him as a gift by the toymaker was captured in a family video that subsequently went viral on YouTube.

I won’t rehash my analysis here; read the post. I questioned why the family wouldn’t just contribute the necessary funds to ensure that the child’s long effort to obtain the toy didn’t come to naught, and I expressed skepticism that LEGO’s generosity wasn’t part of a pre-arranged quid pro quo in exchange for the video, especially since the father is professional videographer, and the YouTube product functioned as a promotion for LEGO.

By purest coincidence, a personal friend here in the Washington, D.C. metropolitan area, Jeff Westlake, is also a close personal friend of the Groccia family. He was privy to the events of the story as they unfolded, and relayed information to me about both the family and the events surrounding the YouTube video that were not evident in the media reports. Thanks to Jeff’s insight, I am now satisfied that the family’s decision to explore every avenue of obtaining the LEGO set was reasonable rather than penurious, and that there was no quid pro quo with LEGO.

I apologize for mistakenly impugning the Groccia’s motives and account in the episode. I don’t apologize for raising the ethical issues that I saw implicit in the media accounts. That’s my job, and provoking discussion and debate over the ethical or unethical conduct of public figures is why this blog exists. If a family is going to participate in making an occurrence in their lives the subject of news stories, features and blog posts, they cannot insist that all commentary be unequivocally positive. I thought the doubts I expressed were legitimate and fair; it happens that they were not borne out by the facts.

Mr. Groccia was offended, understandably, and not so understandably, decided to respond here with, first, an anonymous comment noting that my “foil hat must be too tight as it appears to be impeding your cognitive abilities.” I didn’t know who the author was, and informed him via the email; address accompanying the comment that I would post his remarks if 1) I had a real name, as the Comment Policies require,  and 2) if the screen name he used was not a commercial website, since this would lead to the comment being spammed. He responded that he “knew” I wouldn’t have the “spine” to print his comment, which is manifestly not the case. I told him that I would be happy to publish a more thorough account by him, and would retract my suspicions if I was persuaded by it. Instead. Mr. Groccia chose to send a series of alternately insulting and threatening e-mails, none of which were substantive, and all of which served to reinforce my doubts. There the matter would have laid, except for the intervention of Jeff Westlake. I’m grateful to him for setting the record straight.

 

The Perfect Ethics Story: The Dilemma Of The Extra iPads

Your ethical dilemma just arrived!

Your ethical dilemma just arrived!

Now here is an example of a consumer episode in which everyone involved behaved with exemplary ethics, and without hidden agendas. There is no need to draw this out—Consumerist does a great job telling the story, and you should read it here. A quick summary:

  • A woman who ordered one iPad from Best Buy received five.
  • Her e-mail to the store about what she should do was unanswered.
  • Legally, she was within her rights to keep the extra merchandise, but (correctly) worried about possible consequences to the worker who made the shipping error,
  • She consulted the consumer advice maven at Consumerist, who tracked down someone at Best Buy to deal with the problem.
  • Best Buy’s rep contacted the consumer, thanked her for her honesty, and sent her this letter: Continue reading

Incompetent Elected Official of the Month: Rep. Tim Ryan (D-Ohio)

Ah, yes, those old football injuries that tighten up and cause you to walk like you're drunk after going to a wedding where nobody drank to excess. Who hasn't been in that situation?

Ah, yes, those old football injuries that tighten up and cause you to walk like you’re drunk after going to a wedding where nobody drank to excess. Who hasn’t been in that situation?

Let’s be clear, now: Rep. Ryan is not politically incompetent, no sireee! He’s no fool; he knew that an arrest for public intoxication in August might be a high hurdle on the route to his re-election, especially since the matter wouldn’t be resolved until after the November 7. So when the rising star of a congressman, seeking election, now safely accomplished, to his sixth term, was arrested in Virginia, Ryan’s staff managed to keep the embarrassing incident out of the papers, cable news broadcasts and political junkie blogs. He had been  stopped by a police officer who observed him staggering along the sidewalk, and Ryan refused to take a Breathalyzer alcohol test as the officer requested, precipitating his arrest. The incident, after all, might have been misunderstood. Can’t have that. Continue reading

The Asperger’s Child, the Company With A Heart, and the Cheapskate Parents: A Cynical Ethics Tale

This is a sweet and gooey ethics tale with, I fear, a fishy center.

James, luckily captured in spontaneous celebration over the completely unexpected gift from the LEGO company

James, luckily captured in spontaneous celebration over the completely unexpected gift from the LEGO company

James Groccia of West Boylston, Massachusetts was nine years old when he told his parents that his dream gift was an Emerald Night Train LEGO Set. His parents, seeking to build his character before he could build his dream train. told the boy that he had to save up for the expensive set, which cost $100. James has Asperger’s Syndrome, which means that he obsesses about things that interest him to an extreme degree, and he made the Lego set the object of his tunnel vision. After two years of meticulous saving, he finally had enough money saved to purchase his prize—-and discovered that it had been discontinued. Now the  Emerald Night Train could only be obtained from collectors or in expensive online auctions, costing far more money than James had saved. The boy was devastated.

At the suggestion of James’ Asperger’s counsellor, his mother helped him write a letter to LEGO, explaining his devotion to the toy and asking if the company could track one down for him. It responded, with regret,  that indeed the Emerald Night Train LEGO Set was out of stock and was no longer made. Then, a few days before James’s birthday this October, a box addressed to James arrived at the family home. Yes, Virginia, it was a brand-new model of the Emerald Night Train! The accompanying letter from Lego said, Continue reading