Month: December 2017

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In an unexpectedly-long episode this week, we talk about a Trump judicial nominee getting embarrassed by a Republican Senator, several cases with bodycam and security footage confirming the First Rule of Fsck, and two unusual stories about fake police officers – both with ties to North Carolina. We also talk with special guest Kahran Myers about politics, and for our #Law140 we do a high-level overview of attorney-client privilege.

Make sure to check out our page on Patreon for exclusive patron-only content!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Our special guest this week is Kahran Myers of Faith in Public Life (Twitter)
• Newspeak debuts at the CDC (Washington Post)
• Trump’s judicial nominees are painfully incompetent (Twitter)
• New study: teen weed use down since legalization (Washington Examiner)
• New study: cocaine deaths of blacks on par with “crisis” opioid deaths of whites (CNN)
• New study: media consistently warp portrayal of black families (Washington Post)
• Why is the race disparity in prison going down? 4 theories (Marshall Project)
• Data Analysis: Police shoot people 2x as often as thought (VICE News)
• ICE kept 92 Somali immigrants on a slave ship for days (Newsweek)
• ALABAMA: Long-read on corrupt Morgan County Sheriff Ana Franklin (New York Times)
• ALABAMA: Southside PD officers Jonathan Works and Brian Walker indicted for rape (AL.com)
• ARIZONA: Killer cop Germayne Cunningham indicted for murder of 7-year-old daughter (CBS 5)
• CALIFORNIA: Long-read exposé on fabricated evidence from the Orange County Crime Lab (OC Weekly)
• CALIFORNIA: Bodycam footage released in gas station beatdown of 21-year-old motorist (CBS LA)
• CALIFORNIA: Fake NC police car spotted in Los Angeles (News & Observer)
• CALIFORNIA: Sacramento man freed after 15 years for wrongful conviction (ABC News)
• CALIFORNIA: Federal ATF joins local weed raid (San Bernardino Sun)
• COLORADO: Man gives deputy the bird, deputy snaps his finger (Denver Post)
• DC: Inciting a riot charges dismissed against J20 protestors (Washington Post)
  • Our earlier episode with these prosecutions (Fsck #39)
• FLORIDA: Broward Health commissioners, lawyer indicted for violation sunshine laws (WPLG 10)
• FLORIDA: Man breaks up fight on school bus, gets arrested (Citrus County Chronicle)
• FLORIDA: Bodycam footage released of police arresting 93-year-old woman for unpaid rent (Orlando Sentinel)
• FLORIDA: Marion County deputies Dustin Lay and Christopher Schanding resign after beating woman (Ocala Post)
• GEORGIA: UGA linebacker arrested for comically-small amount of weed (Twitter)
• GEORGIA: Crawford deputies commit puppycide, force owner to cut off dog’s head (Snopes)
• ILLINOIS: Unprecedented hearing on racial bias in dozen trap house cases (Chicago Tribune)
• ILLINOIS: Judge tosses confessions by men beaten by Chicago PD detective Reynaldo Guevara (Chicago Sun Times)
• ILLINOIS: Chicago asks to sue estate of dead teen killed by CPD officer Robert Rialmo (Chicago Tribune)
  • Our episode with some of the details on this litigation (Fsck #39)
• ILLINOIS: Exposé uncovers 85% of all police discipline cases being reduced or erased (ProPublica)
  • Our earlier episode on Chicago’s discipline problem (Fsck #37)
• IOWA: State Supreme Court justice orders newspaper to not publish public records (Associated Press)
• KANSAS: Domestic terrorists ask for Trump voters on their jury (Washington Post)
• MARYLAND: Baltimore PD staged a fake funeral for Det. Sean Suiter (Baltimore Beat)
  • Our episode where Suiter was set up to find fake drugs (Fsck #41)
  • Suiter was killed the day before he was scheduled to testify against dirty cops (Fsck #39)
• MICHIGAN: Security cam footage released in bloody jail beating of handcuffed woman (Detroit Free Press)
• MICHIGAN: Bodycam footage released as Grand Rapids police handcuff, point gun at 11-year-old black girl (Washington Post)
• MICHIGAN: Legislature says “LOL, jk!” on refunding driver responsibility fees (Crain’s Detroit Business)
  • Our episode on these fees being ended (Fsck #36)
• MICHIGAN: Police now banned from sex with prostitutes (MLive.com)
  • Our episode on similar legislation in Alaska (Fsck #17)
• MINNESOTA: Minneapolis PD officer Christopher Reiter sentenced to 6 months for crushing man’s nose (City Pages)
• NEW MEXICO: State police chief wants more transparency with misconduct investigations (Santa Fe New Mexican)
• NEW YORK: NYPD summarily executes 69-year-old man who thought he was being robbed (New York Times)
• NEW YORK: Thompkins County deputy Scott Walters charged with first-degree rape (Ithaca Voice)
• NEW YORK: Utica police officer shoves man to ground while on camera (WKTV 2)
• NEW YORK: Deray Mckesson files defamation lawsuit against Fox News (Baltimore Sun)
  • Our episode on the Baton Rouge class action settlement (Fsck #36)
• NORTH CAROLINA: Long-read on the non-existent KKK rally (WRAL)
  • Our episode with the “tick tock” from that day (Fsck #23)
• NORTH CAROLINA: Pedophile cop keeps trying to contact underage girl he raped (Gaston Gazette)
• NORTH CAROLINA: Greensboro PD officers Timothy & Renee Brewer charged with child abuse in beating (WXII 12)
• NORTH CAROLINA: Killer cop Phillip Barker indicted for manslaughter in death of pedestrian (WCNC)
  • Our episode with this story (Fsck #16)
• NORTH CAROLINA: No one knows police officer who called girl “half-breed” during stop (News & Observer)
• NORTH CAROLINA: School resource officer re-assigned after choking out high school student (News & Observer)
• NORTH CAROLINA: Republican Register of Deeds indicted for embezzling nearly $1M (News & Observer)
• OHIO: Cops catfish college student, then arrest him for felonies (Reason)
• OHIO: Bodycam footage released of Cincinnati cops illegally tasing 2 brothers (Cincinnati Enquirer)
• OHIO: Conservative Buckeye Institute endorses bail reform (Cleveland.com)
• OREGON: Portland police threaten activists to stop recording them (Portland Mercury)
• OREGON: In-depth investigation into how police regulators keep “bad apples” on the force (The Oregonian)
• PENNSYLVANIA: Entire Aliquippa PD restricted from database after abuse (Beaver Countian)
• TEXAS: Viral video of Austin police savagely beating 37-year-old for jaywalking (Spectrum News Austin)
• TEXAS: Dallas cop Christopher Hankins, first charged with theft, now charged with domestic violence (Dallas Morning News)
• WASHINGTON: Taxpayer arrested for criticizing deputy on Facebook (Kitsap Sun)
• UK: London rape case tossed out because police failed to disclose 40,000 texts (The Times of London)
• Federal Rules of Evidence, Rule 104(a) (LII)
• Federal Rules of Evidence, Rule 501 (LII)
• Federal Rules of Evidence, Rule 502 (LII)
• Swidler & Berlin v. US (Oyez)
• US v. Zolin (Oyez)

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It’s another long episode packed with criminal justice f*ckery! Join us as we talk about black police in California and New Mexico being abused by their colleagues, Pennsylvania spending $4,300 to save $60, and some accountability for police brutality in both Georgia and South Carolina!

#Law140 will return next week!

Make sure to check out our page on Patreon for exclusive patron-only content!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Rep. Chuck Grassley says your poor because of “booze or women or movies” (Des Moines Register)
• Cheeto-in-Chief commits to ending veteran homelessness, then cuts funding to end veteran homelessness (Politico)
• Roy Moore is an idiot, on top of being a pedophile and racist (CNN)
• Fourth Circuit: police can no longer ask minors to masturbate for them (4th Circuit COA)
• Analysis of the NCVS and why its 2017 results are problematic (FiveThirtyEight)
• Federal data on hate crimes is largely non-existent (ProPublica)
• Long-read exposé on the misuse of Tasers in jails and prisons (Reuters)
• Parole violations drive prison’s revolving door (The Conversation)
• Coast Guard operates secret floating prisons (USA Today)
• ARIZONA: Killer cop Mitch Brailsford found not guilty in the execution of Daniel Shaver (Washington Post)
• CALIFORNIA: Laguna Beach PD officer arrested for elder abuse and fraud (LA Times)
• CALIFORNIA: The media has gotten the “Brady list” of bad deputies (LA Times)
  • Our episode about the court ruling on this list (Fsck #19)
• CALIFORNIA: LAPD cadet joyrides went on for two months before anyone noticed (LA Times)
  • Our earlier episode with this scandal (Fsck #19)
• CALIFORNIA: Long-read on racial bias in the San Francisco PD (The Undefeated)
• CALIFORNIA: San Francisco prosecutor fired after hiding evidence (San Francisco Chronicle)
  • Our earlier episode on ADA Mains and PD Adachi (Fsck #27)
• CALIFORNIA: Pathologist resigns, claims Sheriff attempts to cover for police (KQED)
• CALIFORNIA: San Leandro cop Marco Becerra resigns after sex with 17-year-old (NBC Bay Area)
• CALIFORNIA: Nonprofit teaches computer coding skills to inmates (CNBC)
• DC: Addressing the mistrust between black youth and police (NPR)
• FLORIDA: Police arrest wrong man arrested for drug sale, spends 6 days in jail (Tampa Bay Times)
• GEORGIA: Atlanta officer Trevor King found guilty in tomato-related beating in Walmart (WSB 2)
• GEORGIA: Savannah officer saves unresponsive newborn (Atlanta Journal-Constitution)
• INDIANA: Indianapolis officer Francisco Olmos purged dead girl’s texts at scene of her death (The Daily Beast)
• INDIANA: Female captain suspended for saying coworker benefited from “white male privilege” (WRTV 6)
• KANSAS: Federal judge dismisses drug prosecution due to crooked prosecutor (KCTV 5)
  • Our episode on Lamonte McIntyre’s exoneration (Fsck #39)
• KENTUCKY: Great op-ed on the foolishness of the War on Weed (Richmond Register)
• LOUISIANA: Details on the abolition of in-person visitation (UK Guardian)
  • Visits were eliminated in Charlotte-Mecklenburg too (Fsck #39)
  • An earlier episode on the video visitation scam (Fsck #25)
• LOUISIANA: Audit finds retired police superintendent fleeced taxpayers for years (The Advocate)
• MARYLAND: Public defender wants new look at cases prosecuted by dirty cops (Baltimore Sun)
• MARYLAND: One of those dirty cops set up Det. Sean Suiter to find drugs (Baltimore Sun)
• MASSACHUSETTS: 6,000 new cases dismissed after more crime lab misconduct (Boston Globe)
  • Our earlier episode on crime lab chemist Sonja Farak (Fsck #31)
  • And on the crime lab flubbing DUIs (Fsck #33)
• MASSACHUSETTS: Judge rules arrests of cops, politicians are public records (Boston Globe)
• MICHIGAN: Man choked, arrested for paying $10 ticket with pennies (Fox 2 Detroit)
• MINNESOTA: Girlfriend of Philando Castile reaches $800,000.00 settlement agreement (NY Times)
  • Our episode on Castile’s killer going free (Fsck #11)
  • And then getting paid a year’s salary to quit (Fsck #16)
• MINNESOTA: Deputy Tom McBroom Sr. tweets that settlement will be “gone in 6 months on crack cocaine” (The Root)
• MISSOURI: School cop snaps 12-year-old’s arm (St. Louis Post-Dispatch)
• NEVADA: New study shows bodycams reduce use-of-force incidents (Las Vegas Sun)
  • Our episode with the DC bodycam study (Fsck #33)
• NEW JERSEY: Ex-Newark cop Dino D’Elia given 2 years probation for stealing personal info (NorthJersey.com)
• NEW JERSEY: Police catch squirrel responsible for vandalizing Christmas lights (WNYW 5)
• NEW MEXICO: Black ICE agent repeatedly stopped by deputies without cause (Associated Press)
• NEW YORK: NYPD’s 81st Precinct celebrates plant seizure (Twitter)
  • Some of the 81st Precinct’s history (Village Voice)
• NEW YORK: NYPD officer Reynaldo Lopez federally indicted for dealing heroin (NY Post)
• NEW YORK: Racist son of FDNY commissioner gets a promotion (NY Post)
• NEW YORK: Editorial on reforming the state’s contract with prison unions (NY Times)
• NEW YORK: 2 prison guards convicted for beating inmate, covering it up (US DOJ)
• NEW YORK: Rensallaer County DA indicted for obstruction (NY Times)
• NEW YORK: Suffolk County DAs got $3,250,000.00+ in bonuses from asset forfeiture (NewsDay)
• NORTH CAROLINA: Analysis of how NC makes it difficult for convicts to find jobs (John Locke Foundation)
• NORTH CAROLINA: Dashcam footage released in 2012 roadside beating by police (WRAL)
• NORTH CAROLINA: Long View woman unlawfully arrested for photographing police (WBTV 3)
• NORTH CAROLINA: Hackers compromise 48 county government servers (WSOC 9)
• NORTH CAROLINA: Tryon PD officers find a stray cat, add it to staff (ABC News)
• OHIO: Riverside officer accidentally tases partner during traffic stop (Dayton Daily News)
• OKLAHOMA: Judge creates fake rehab program for defendants (Center for Investigative Reporting)
  • Our earlier episode on CIR’s reporting (Fsck #36)
• OKLAHOMA: Killer cop Keith Sweeney charged with murder in death of suicidal man (Washington Post)
• OKLAHOMA: Jail nurse performs exorcism on dying inmate rather than providing treatment (KOCO 5)
• OREGON: State licensing board admits it violated law in “engineering without a license” case (Reason)
• PENNSYLVANIA: County spends $4,300 to fight $60 pants reimbursement (Penn Live)
• SOUTH CAROLINA: Killer cop Michael Slager sentenced to 20 years (Post & Courier)
  • Our #Law140 on the Slager plea (Fsck #2)
• TEXAS: Corrupt judge Elizabeth Coker files to run for DA (Houston Chronicle)
• TEXAS: No executions this year in the “capital of capital punishment” (Houston Chronicle)
• TEXAS: Teacher calls police on mute 6-year-old with Downs Syndrome, claims he’s a terrorist (Fox 26 Houston)
• VIRGINIA: Charlottesville PD made “major mistakes” in handling protest (NPR)
• VIRGINIA: US Park Police summarily execute 25-year-old Bijan Ghaisar (NBC News4)
• VIRGINIA: Charges dropped against mom who put recorder in daughter’s backpack (WTOP)
  • Our earlier episode on that lunacy (Fsck #39)
• WYOMING: Police issue man $25 seatbelt ticket, steal his $91,800.00 (Vox)
• UK: Police responsible for the death of Sean Rigg will not be charged (UK Guardian)

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T. Greg has been stuck preparing for a trial and hasn’t had a chance to write up an outline of all the craziness that happened last week, so we’re doing a short #Law140-only episode until he can get back in the studio! Join us as we talk about the Jose Zarate verdict in the killing of Kate Steinle, and the law on lesser included offenses.

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Details on the Jose Zarate case (San Francisco Chronicle)
• Sarah Rumpf’s column on the verdict (RedState)
• Ken “Popehat” White’s thread on arguing lesser offenses (Twitter)
• Follow Sarah Rumpf on Twitter
• Follow Ken White on Twitter
• Fuller v United States (Justia)
• Keeble v United States (Oyez)
• Beck v Alabama (Oyez)