Ethics Dunce: Federal Judge Liam O’Grady

"I swear judge, I have no idea who that guy next to me is."

“I swear judge, I have no idea who that guy next to me is.”

When civil rights advocates point to the disparity of sentencing for non-violent African-American drug offenders and white, shameless, greedy crooks like Kathleen McGrade and her husband, Brian Collinsworth, my best course is to feign a seizure or something. I have no good explanation for them, except that judges like federal judge Liam O’Grady are a large part of the problem.

McGrade was a management analyst for the State Department who used her position and influence to fraudulently direct $53,000,000 in 43 government contacts for construction projects and security work at U.S. sites overseas to the Sterling Royale Group, whose Vice President and CEO were Collinsworth and her daughter Jennifer Herring. She did this by hiding her relationship to the company and its officers. The taxpayer-funded family bounty, meanwhile, allowed McGrade to buy a $73,000 Lexus, a half-million-dollar yacht and nearly $223,000 in jewelry. Continue reading

Encore: “Forgetting What We Know”

Rosemary's director is more horrible than her baby...because he's real.

Rosemary’s director is more horrible than her baby…because he’s real.

I noted with horror that Roman Polanski has a new film out that is, as usual, garnering rave reviews. Polanski is a perpetual burr under my metaphorical saddle, and when he is out of the spotlight I am a happier person. One of the early reviews, under the heading “About the director,” describes him this way:

“Roman Polanski is a Polish film director, producer, writer and actor. Having made films in Poland, Britain, France and the USA, he is considered one of the few truly international filmmakers.”

This leaves out what I would argue are the most important parts of his biography, namely that he is a child rapist and a fugitive from the law of the United States. He is also an ethics corrupter on a grand scale. When his name once again made its unwelcome intrusion on my senses, I recalled that one of the very first posts on Ethics Alarms, on Halloween of 2009, was inspired by Polanski. I read it again last night, and reflected on how the blog recently passed its 1,000,000th page view since its launch that same month. I like it, and not many people read it at the time. With a few small edits, I decided to post it again.

Here it is:

Ethics evolves. It isn’t that what is right and wrong actually changes, but that human beings gradually learn, sometimes so slowly it can hardly be detected. For example, slavery was always wrong, but for centuries very few people who weren’t slaves understood that fact. There was never anything immoral about being born gay and living accordingly, but it has taken all of the collected experience of civilization to make this dawn on most of society. While we are learning, and even after we have learned, there are always those who not only lag behind but who work actively to undo the ethical progress we have made. We assume these individuals will come from the ranks of ideological conservatives, misapplying valid concepts like respect for tradition, suspicion of change for change’s sake, and a reliance on consistent standards, making them slow to accept new wisdom . Sometimes, however, the people who try to make us forget what we know come from the left side of the political spectrum, misusing values such as tolerance, freedom, empathy and fairness in the process. This is especially true when it comes to the topic of sex. Liberals fought so long and well to break down the long-established taboos about sex that many of them lost the ability to comprehend that unethical conduct can  involve sex in any way.

The most striking recent example is the bizarre defense of Roman Polanski, best known as the director of the horror classic, “Rosemary’s Baby.” Continue reading

Ethics Quote Of The Month: Dr. Jonathan Gruber

“We currently have a highly discriminatory system where if you’re sick, if you’ve been sick or [if] you’re going to get sick, you cannot get health insurance. The only way to end that discriminatory system is to bring everyone into the system and pay one fair price. That means that the genetic winners, the lottery winners who’ve been paying an artificially low price because of this discrimination now will have to pay more in return. And that, by my estimate, is about four million people. In return, we’ll have a fixed system where over 30 million people will now for the first time be able to access fairly price and guaranteed health insurance.”

—– Dr. Jonathan Gruber of MIT, an economics professor who is among the designers of the Affordable Care Act, a.k.a Obamacare. He was interviewed by NBC’s Chuck Todd regarding the troubled law’s problems.

lottery

Could it be that the act of getting involved with this administration turns even non-politicians into deceivers and liars? For an economist to talk so deceitfully and manipulatively is distressing. He, of all people, certainly knows how insurance works, and has to work. The insurance company accepts, in essence, wagers from its insured, in the form of premiums, that they will “win” by incurring health care costs that require more funds more than the accumulated “wagers.” The insurance company gambles that it will “win” by the insured remaining relatively healthy, so that the premiums (and whatever investment income they generate) exceed what the company has to pay in medical costs for that individual. The only way a company can keep providing insurance is to win more bets than it loses.

Saying that an insurance company is “discriminating” (in the unjust and biased sense) when it refuses to  accept a wager that is virtually certain to win is like saying that a poker player is engaging in discriminatory conduct by refusing to play with a new player who brings a royal flush to the table with him. It is not discrimination to refuse to lose money, and Gruber knows it. But  like an expert liar, as I must presume he is, he plants a false definition of discrimination at the beginning of his discussion and then treats it as an agreed-upon description of what is occurring. Not selling something to a customer who can’t afford a fair price is not discrimination, and refusing to gamble with someone who is assured of winning is also not discrimination. But discrimination is something that everyone regards as wrong, unfair, and unlawful, so that is how the lawful operation of insurance companies is framed by this clever, learned, dishonest man.

I no longer trust Dr. Gruber, nor should you.

His statement is of additional interest, however, because it starkly defines the unique Progressive definition of “fairness,” by his repeated use of lottery imagery to describe the fact that some people, through no fault of their own, have fewer advantages than others, while those others, often through no virtue of their own, have more resources and opportunities. Progressives regard this as inherently wrong and unfair, and so unfair that it must be remedied by obtrusive government interference. The rest of America regards this as “life.” Continue reading

Unethical Quote Of The Week: Attorney Lee J. Danforth

“If this trial prevents one little girl or one mother or father from reporting suspected abuse then this is profoundly sad for our society.”

 —-Lee J. Danforth, attorney,making a lightly veiled argument that his clients should suffer no penalties for ruining a teacher’s career and reputation with a false accusation of “inappropriate touching,” because such penalties would discourage future legitimate accusations.

"Oh, you all were lying when you got John Proctor hung as a witch? Well, that's okay---we wouldn't want to punish you, because it might discourage a real victim, in case there really IS a witch one of these days...

“Oh, you all were lying when you got John Proctor hung as a witch? Well, that’s okay—we wouldn’t want to punish you, because it might discourage a real victim, in case there really IS a witch one of these days…

Mr. Danforth was defending a San Jose, California family in a defamation suit by a former Catholic school physical education teacher, John Fischler,  who claimed that they methodically destroyed his reputation with a campaign of rumors and lies, led by his main accuser, an 11-year-old girl right out of “The  Children’s Hour” or “The Crucible.” Danforth is a lawyer (Danforth was also the name of the judge in the Salem witch trials, speaking of “The Crucible” and false accusations) , and it is sometimes necessary, and thus ethical, for lawyers to make otherwise unethical arguments in the zealous representation of their despicable clients. Remember, legal ethics does not allow Danforth to temper his advocacy out of concern for future, genuine victims, unlike his clients. They are not his concern, and even bad people have a right to vigorous legal representation. Nonetheless, his statement embodies an unethical rationalization for letting diabolical and vicious false accusers escape the just consequences for their actions. Continue reading

A Prosecutor Is Sent To Jail For Unethical Conduct, And It’s About Time

Good.

Good.

In the resolution of a case already discussed on Ethics Alarms, Former Williamson County (Texas) District Attorney Ken Anderson has been  sentenced to serve 10 days in jail, pay a $500 fine and complete 500 hours of community service as punishment for intentionally failing to turn over exculpatory evidence that would have exonerated Michael Morton, who spent nearly 25 years in prison for a murder he did not commit. Anderson also was forced to surrender his law license and resign his post as a judge because of his ethical breaches in the 1987 case, ultimately overturned after DNA evidence proved that Morton did not beat his wife to death.

Ten days for the prosecutor who disgraced his profession, sullied the justice system and destroyed a life seems like a rap on the wrist, and even an insult to the man who had to spend  nearly 9000 days in jail because of Anderson’s deception. Consider, however: despite blatant prosecutorial misconduct, in every state and for centuries, with untold numbers of innocents jailed and executed, most never vindicated, this appears to be the first time on record that any prosecutor has been punished with jail time. Few, compared to the number deserving punishment, have been punished at all.

It’s a start. It’s a precedent.

The justice system just became a little more accountable.

_____________________________

Pointer: Legal Ethics Forum

Sources: New York Times, ABC KVUE

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Regarding Ariel Castro’s Suicide: Good!

GatesOfHell

I won’t go so far as to call him an Ethics Hero, but killing himself was probably the ethics highlight of Ariel Castro’s miserable, evil life.

The state of Ohio can’t navigate the moral-ethical logic necessary to execute a monster like Castro ( I see nothing ethical or moral about preventing society from making a crime like his just cause for capital punishment), so Castro took matters into his own hands and did the right thing.

Good.

Oh, I agree that the state has an obligation to do everything it can to prevent a prisoner from doing harm to himself, just as it would have an obligation to let Castro have gender reassignment treatment (though I am amused by wondering whether the advocates for Bradley Manning would be as vociferous if the subject was a sick rapist-kidnapper rather than a popular traitor). But I don’t want to pay my tax dollars to keep the likes of Ariel Castro in food, lodging and medical care, and I doubt many Ohio taxpayers do either. Taking himself out was an ethical act all around for Castro: we benefit, the system benefits, justice is served, and Castro is dead, all the better to make sure some future regime of touchy-feely uber-humanists don’t declare all sentences over 20 years as “cruel” or Ohio jails don’t become California Crowded, resulting in an elderly Castro being released to do the talk show circuit and star in a documentary.

Was his act cowardly? I heard an angry pundit declare so today, but I don’t feel we have any way of knowing that. Personally, I’d rather keep living, even in prison, than kill myself. I don’t really care if it was cowardly or not. They guy was a serial rapist-kidnapper-torturer, and his memory is supposed to be further stained by “And he was a coward, too”?

Is it’s a sin? I don’t think killing Ariel Castro can possibly be a sin…even if the killer is Ariel Castro.

A wiser society should have ended Castro’s life.

He did us all a favor by doing it on his own.

Thank you, Ariel!

Now go to Hell.

___________________________________

Facts: Columbus Dispatch

A Reminder: Why “User Pays” Is Unethical

The View

[Back in 2007, a ridiculous lawsuit spawned an even more ridiculous pronouncement from “The View’s” Rosie O’Donnell, which prompted the following post (originally titled “The Pants, the Judge, and Rosie’s Mouth”)  on this blog’s predecessor,  The Ethics Scoreboard.The two law-related issues that the public has the most difficult time grasping are why lawyers defend guilty people, and this one: the contingent fee system for civil plaintiffs.  While I was pre-occupied the last couple of days by two challenging ethics programs and 10 hours of driving back and forth into West Virginia to deliver one of them, I missed the outbreak of another “loser pays” discussion in one of the comment threads. It’s clearly time to run this one again (I last put it on Ethics Alarms in 2010), with a few tweaks.]

The tale of Roy Pearson, the infamous Washington, DC administrative law judge who is suing his dry cleaner for damages of $65.5 million for a lost pair of pants, would normally warrant scant comment beyond this obvious one: Pierson is a bully, his lawsuit is unreasonable and unethical, and he deserves whatever sanctions the legal system can devise. A Washington Post editorial suggested that the lawsuit, which Pierson says is justified by his inconvenience, court costs, and the mental anguish caused by the loss of his beloved pants, is proof enough of bad character and terrible judgement that he should not be reappointed to another ten-year term.  [ Update: He wasn’t.] That would normally end the issue, freeing me to move on to more important matters, like global warming and American Idol.

And then Rosie O’Donnell opened her big mouth. Continue reading

Ethics Dunce: Colin Powell

I will file this under "disillusionment."

I will file this under “disillusionment.”

Another prominent African-America leader lept on board the Trayvon Martin-George Zimmmerman Ethics Train Wreck Sunday, when General Colin Powell aided and abetted the increasingly successful effort by divisive activists to re-write the history of the George Zimmerman trial into an example of a racist all-white jury freeing the murderer of a black man in defiance of the evidence and justice.

Appearing on “Face the Nation,” the former Secretary of State said that he thought the jury’s verdict “will be seen as a questionable judgment on the part of the judicial system down there,” adding that he didn’t know if it would have “staying power.” Powell’s comment was an especially pusillanimous fog on the issue, not explicitly endorsing  the criticism of the verdict—“Now I never said it was questionable, just that it will be seen that way,” the General can claim—but appearing to support it nonetheless. How weak, irresponsible, and disappointing. Continue reading

Wanetta Gibson, Elizabeth Paige Coast, Chaneya Kelly, Cassandra Kennedy and the Alkon Formula: How Should We Punish False Rape Victims?

Coast: How much compassion does she deserve?

Coast: How much compassion does she deserve?

Commenting on the case of Elizabeth Paige Coast, a Virginia woman who finally came forward last year to confess that in 2008 she had falsely accused Johnathan C. Montgomery, a former neighbor, of raping her in 2000 when she was 10 years old and he was 14, advice columnist and blogger Amy Alkorn proposes this sentencing formula:

“I feel strongly that those who falsely accuse someone of rape should spend the amount of time incarcerated that the person they falsely accused would have.”

Coast’s victim was convicted of rape and  spent four years in jail as a result of her lies. As for Coast, she was recently sentenced by Hampton Circuit Court Judge Bonnie L. Jones to only two months in jail, plus being required to pay Montgomery $90,000 in restitution for de-railing his life. The judge suspended the rest of a five-year sentence, and is allowing Coast to serve the remainder on weekends so not to unduly disrupt her life.

Coast’s lawyer had argued any jailing would send the wrong message to others who lie about false rapes. The prosecutor, agreeing with Alkon, asked for a 10-year sentence with six years suspended so she would serve the same length of time as Montgomery. It seems the judge agreed with the defense more than Alkon. I think Alkon is closer to the mark, but if we make the punishment for recanting rape accusers too severe, it is probably going to mean that some in Coast’s position will choose to let their victim rot and just live with a guilty conscience. Continue reading

Unethical Quote of The Month: Martin Luther King III

“The vision preached by my father a half-century ago was that his four little children would no longer live in a nation where they would judged by the color of their skin but by the content of their character. However, sadly, the tears of Trayvon Martin’s mother and father remind us that, far too frequently, the color of one’s skin remains a license to profile, to arrest and to even murder with no regard for the content of one’s character.”

Martin Luther King III, the son of the martyred civil rights leader and humanist, speaking in front of the Lincoln memorial before thousands gathered on the National Mall  to commemorate the upcoming 50th anniversary of Dr. Martin Luther King Jr.’s 1963 March on Washington, and his iconic “I have a dream” speech.

The passage was despicable and inexcusable, an insult to his father’s legacy and all of the courageous and sincere Americans, black and white, who have worked hard and effectively this past half-century to make remarkable progress toward the society that Rev. King envisioned.

“The tears of Trayvon Martin’s mother”  have exactly nothing at all to do with racial profiling or a “license to murder.” King’s son, proving once again that greatness of character and mind is seldom passed on to succeeding generations, chose to engage in divisive, misleading and cheap rhetoric that undermine his father’s goal of bring the races together. In this he was certainly consistent with the motivations of the event’s organizers, prominent among them Al Sharpton, whose paycheck and existence on the national scene depends on furthering the illusion of widespread racial discord, prejudice and injustice.

Even allowing for the excesses of oratory, the younger King’s speech deliberately misrepresented the historical, legal and factual record, which is this: a mixed-race citizen was pre-judged to be guilty of racism and murder by the color of his skin, and then demonized in order to provide a rallying point for a race-based political agenda. The civil rights establishment, aided by a complicit media and irresponsible politicians, distorted the facts of a tragic encounter so effectively that most Africans-Americans believe the lies rather than the facts, and bullied a politicized prosecution into bringing a criminal case to trial it could only win by jury intimidation, for it did not have sufficient evidence. Against all odds, a courageous jury embodied the best of the American justice system by properly acquitting an unpopular defendant who could not be proven guilty beyond a reasonable doubt, a standard that is crucial to maintaining racial justice in the courts. Despite this inspiring display of character, the organizers of today’s event, its supporters, and most of those in attendance, have chosen to judge those jurors as biased, comparing them to the bigoted jurors in the Emmett Till murder trial, based on the color of their skin.

How immensely hypocritical, destructive and sad.

Martin Luther King propelled the cause of racial harmony and justice forward on August 28, 1963.

Today his son made pushed that cause backward to-day in favor of hate, suspicion, and ignorance, 50 years later.