Criminal law, Society

Seattle Police Officer Sacked After Questionable Arrest Of Man Carrying Golf Club

By Darren Smith, Weekend Contributor

Cynthia Whitlatch
Cynthia Whitlatch

After a internal affairs investigation of several alleged actions of a Seattle Police Officer, Chief Kathleen O’Toole terminated the employment of Officer Cynthia Whitlatch following the detention and arrest of a citizens for Obstructing a Law Enforcement officer stemming from a claim, later ruled to be false, that the citizen swung a golf club at her. The termination, according to SPD, did not rely solely on this incident but was resulting from similar incidents involving citizen contacts and allegations of racially inappropriate statements during the internal affairs investigation.

The incident should serve as a reminder to those in similar positions of Ms. Whitlatch of the importance of proper discretion and of accepting one’s faults and not blaming everyone else for mistakes. Nevertheless the incident elicited an apology to the citizenry and the accused person for an incident that should never have occurred.

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Environment, International, Media, Politics, Science, Society

Rare Earths Mining And Processing Leading To Much Pollution In The East

By Darren Smith, Weekend Contributor

Neodymium
Neodymium

The BBC presented an engaging and informative report concerning how the unprecedented demand for rare earth elements is leading to environmental degradation, especially in developing countries. It proposes that one of the ironic tragedies of manufacturing green technologies is that it is leading to concentrations of pollution in specific areas. This also brings forth the importance of having a conversation about advanced, consumer societies needing to engage in much self reflection on the causes of the insatiable appetites consumers have for top of the line electronics.  Of which are designed with quick obsolescence as a business model.

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Uncategorized

IRS Will Refuse To Accept Checks Of 100 Million Dollars Or More

By Darren Smith, Weekend Contributor

160px-IRS.svgThe Internal Revenue Service made new policy that it will no longer accept checks greater than 99,999,999.99. That’s right, the IRS is refusing a payment method from large corporations or billionaires. With the public debt growing at worrying rates, one would think they would take any money they can get. They certainly are all the more willing to accept checks form lesser beings such as average citizens and small businesses. Your author, however, is still accepting very large checks from anyone wishing to make a donation.

Reportedly, processing equipment at the Federal Reserve is unable to handle checks of the prohibited value, requiring clearing by hand. Also, in memos between the IRS and the Treasury it is claimed that such transactions would be subject to fraud, error, and theft. Realistically it shows a flaw in the federal system and harks of outdated equipment and software.

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Courts, Society

New Jersey Appellate Court Rules Against “Borgata Babes” Who Claimed Weight Rules Are Discriminatory

gavel2We have previously discussed how anti-discrimination laws sometime collide with businesses that strive to maintain a certain look in its employees from newscasters to shop clerks to waitresses. This includes the recent judgment against Abercombie over an employee seeking to wear an Islamic cover over her hair. Now a business has prevailed in New Jersey in claiming the right to enforce appearance standards, including weight limitations, for its waitresses. Twenty-one servers sued Borgata Casino in claiming that they were objectified and demeaned by the casino in being forced to maintain slim figures in their role as “Borgata Babes.” A state appellate court ruled that the casino could impose the requirement so long as it is down fairly and equally. It remanded the case to determine however if there were otherwise acts that constitutes a hostile work place. The appellate opinion is available below.

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Criminal law, International, Society

Qatar Prince Who Claimed Immunity In High-Speed Chase Flees The Country

Screen Shot 2015-09-15 at 8.29.43 PMWe have been discussing the controversy over a man from Qatar who went on a dangerous high-speed chase in a yellow Ferrari and then both threatened a reporter and claimed diplomatic immunity. He informed the reporter that he could kill him with utter immunity from prosecution and topped off that threat by saying “F*** America.” It is now confirmed that this disgraceful thug is a member of Qatar’s ruling family: Sheik Khalid bin Hamad Al-Thani of Qatar’s ruling family. Al-Thani claimed immunity but does not actually have it. However, by some incredible sequence of events, Al-Thani was allowed to flee the country to avoid any accountability.

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Academia, Environment, Hikes, Travel Blog

Sundance in All of Its Glory

IMG_3178Today I leave (reluctantly) Utah and its immense beauty. After the final event at the the Center for Constitutional Studies at Utah Valley University. I rushed back to the hotel and set off for a hike in the mountains around Sundance. As you have likely seen on television, the area has been inundated by rains that produced massive flashing flooding in some parts of the state. However, the rain abated in the afternoon and I took off for the trails. It was spectacular.

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Constitutional Law, Courts, Criminal law, Media, Politics, Society

Chicago Prosecutor Fired After Videotape Contradicts His Sworn Testimony On Witness Statement

ct-met-officer-shot-paris-sadler-0322-mh-jpg-20150828mosaic_anita143x176When the case of the shooting of a Chicago police officer in 2012 came to the chambers of Cook County Circuit Judge Thaddeus Wilson, the court saw something that it said was obvious to anyone who has done any practice in the criminal law: the statement of the mother of the suspect Paris Sadler was free of any corrections or edits. Since the mother Talaina Cureton said that she had edited and corrected the statement prepared by Assistant Cook County state’s attorney Joseph Lattanzio, it was a curious fact. However, Cook County State’s Attorney Anita Alvarez, long criticized for her policies such as prosecuting citizens who dare to video police in public, fought to block any effort to reexamine the statement and denied that her office omitted critical information. Now, it appears that one of those videotapes that Alvarez hates, existed showing Cureton editing the statement. Lattanzio has been fired. However, once again, without the videotape, Alvarez’s office would have likely succeeded in blocking the challenge and protecting the prosecutorial misconduct.

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Academia, Bizarre, Criminal law

Texas Teen Named Mohamed Arrested After Making Digital Clock And Taking It To School

CPAFMKrUkAABI2aAhmed Mohamed, 14, had thought that he had achieved something that would garner praise at at MacArthur High School in Irving, Texas. He had made a homemade digital clock from a pencil case. Instead, teachers called police and Ahmed was interrogated and taken to the police station on suspicion of a bomb hoax. UPDATE: some critics have expressed doubt over the clock as well as the narrative.
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Bizarre, International

Iran To Compete In Malaysia With One Player Short After Husband of Team Captain Refused To Give Her Permission To Leave Country

soccer-ball-2250px-flag_of_iransvgWe have previously discussed the myriad of discriminatory rules facing women in Iran under that country’s application of Islamic rules. Now one of those archaic rules has cost the country’s soccer team it’s captain. Niloufar Ardalan, 30, will not be competing in Malaysia because her husband refused to sign papers to allow his wife to renew her passport. The Asian Football Confederation Futsal Championship is set to run from Sept. 21-26.

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Academia, Bizarre, Criminal law, Media, Society

University of Kentucky Student Arrested After Crashing Drone At Football Game

8775955_GA University of Kentucky law student, Peyton Wilson, 24, has been charged with wanton endangerment after allegedly flying a drone at Commonwealth Stadium just before the season opener game against Louisiana-Lafayette. It is the latest such case of drones harassing or endangering people on beaches, streets, or stadiums.

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Academia, Constitutional Law, International

Sir Christopher Greenwood, Turley and Others To Speak At Constitutional Conference

200px-UVU_SealJudge-Greenwood-1-240x300I have the honor today and tomorrow of speaking at the Utah Valley University’s annual Constitutional Conference sponsored by The Center for Constitutional Studies. The CCS, under Director Rick Griffin, has blossomed into an extraordinary center for intellectual exchange in Orem, Utah with figures regularly brought from all over the world to discuss a myriad of legal and policy questions. This conference is particularly fortunate to have a group of diverse academics and lawyers, including Judge Sir Christopher Greenwood, the United Kingdom of Great Britain and Northern Ireland Judge on the International Court of Justice. Sir Christopher will give a keynote address entitled “The Powers and Privileges of U.S. Presidents Abroad under International Law.” He is one of the truly towering figures in international law.

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Bizarre, Criminal law

Police Charge 13-Year-old Boy With Assault for Kissing Girl On A Dare

PrisonCellWe have yet another child criminally charged for something that at one time would have been treated as a mere conduct issue warranting a note to a parent. In Pikesville, Maryland, a 13-year-old will be charged with second-degree assault for kissing a 14-year-old girl on a dare. This absurd case began with school officials calling police who pursued the minor on criminal assault charges.

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Bizarre, Criminal law

Man With Qatar Plates Races Through Beverly Hills, Almost Hit Bystanders, Assaults Reporter, and Then Claims Diplomatic Immunity

Screen Shot 2015-09-15 at 8.29.43 PMWe have periodically discussed the use of diplomatic immunity to avoid criminal conduct in the United States. The latest such case occurred in Beverly Hills where two men raced a white Porsche 911 and a yellow Ferrari LaFerrari through the streets of the city — running stop signs and barely missing pedestrians. When the yellow car was followed to a $10 million home, the driver threatened the reporter and claimed diplomatic immunity — allegedly adding “F*** America” for good measure. He even allegedly told the reporter that he could murder him and not be held accountable.

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Bizarre, Criminal law, Lawyering, Politics, Society

The Dereliction of Duty: Texas Prosecutor Found To Have Intentionally Withheld Critical Evidence In Latest Of Long-Line of Ethical Violations

J_DutyThere is a curious case out of Georgetown, Texas, where Williamson County District Judge Rick Kennon has ruled that Williamson County District Attorney Jana Duty intentionally withheld evidence in the murder trial of Crispin Harmel. However, Kennon refused a defense motion to bar a second trial under the double jeopardy clause. There is no indication of any punishment for Ms. Duty for this case. She continues to serve as a lawyer and a prosecutor in Texas. She has however racked up an impressive number of allegations of misconduct and was sent to jail in August for contempt. However, it is odd not to see a direct referral by the court. I can understand the ruling, though the Texas Court of Appeals recently extended double jeopardy protections to a case where prosecutors intentionally forced a mistrial to avoid an acquittal. However, at a minimum, one would expect a court to deal separately with the violation of her core obligations to the court and the bar.

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Bizarre, Criminal law

Coroner Rules That Kayak Death On Hudson Was Homicide

kayakpicWe have been following the case of Angelika Graswald who is accused of murdering her fiancé Vincent Viafore by sabotaging his kayak on a river outing on the Hudson. Indeed, we previously heard that she had confessed and said “it felt good” to see Viafore die. Now there is a report that Graswald confessed , saying “All right, I’ll give you a f–king statement . . . I wanted him dead and now he’s gone . . . And I’m OK with it.” It is a bad defense case getting worse but I am still surprised by the report of the New York medical examiner that she determined the death to be homicide from an examination of the body.

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