Month: June 2018

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The criminal justice f*ckery is back! Join us this week for child-molesting police in California, Georgia, Montana, and Texas, a Native American on video being run over by Customers & Border “Protection” in Arizona, and three people shot in the back by police — including the extrajudicial summary execution without due process of unarmed black teen Antwon Rose.

#Law140 will return next week! Until then, join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Melanie Greenan, Judi Kane, Colleen Mahaney, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, David Ross, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Press Secretary Sarah Huckabee Sanders kicked out of restaurant, whines on official government account (Washington Post)
  • Her tweet was illegal (LII)
• 2nd Circuit: No qualified immunity for NYPD officers using material witness warrant to arrest, interrogate woman for 18 hours (2nd Circuit COA)
• Study: extrajudicial summary executions of unarmed blacks is harmful to blacks’ mental health (Newsweek)
  • The full study, “Police Killings and their Spillover Effects” (The Lancet)
• In middle of opioid crisis, US Department of Justice letting drug dealers run wild to prosecute immigrants (USA Today)
• ARIZONA: Border Patrol officer on video running over Native American man Paulo Remes (Arizona Daily Star)
• CALIFORNIA: Imperial PD officer Ray Valenzuela charges with even more sex crimes against minors (KYMA 11)
  • The original batch of charges against Valenzuela (KYMA 11)
• CALIFORNIA: Policing White Space, as white woman calls police on 8-year-old black girl selling bottled water without a permit (San Francisco Chroncile)
  • The woman, Allison Ettel, is a weed dealer (Sacramento Bee)
• CALIFORNIA: San Francisco PD on video shooting fleeing suspect in the back (KABC 7)
• GEORGIA: White man uses SUV to block black doctor from entering gated community where she lives, calls police for “trespassing” (WXIA 11)
• GEORGIA: Clayton County jury awards $1,000,000,000.00+ verdict to woman for rape by security guard (WAGA 5)
• GEORGIA: Cobb County cop Robert Lanier New jailed for assaulting mentally disabled woman, soliciting her 12-year-old niece for sex (Atlanta Journal-Constitution)
• GEORGIA: Profile on South Fulton, Georgia’s 5th-largest city, where the criminal justice system is led entirely by black women (CNN)
• GEORGIA: Trial begins in murder of Timothy Coggins, black man killed 34 years ago by police for “socializing with a white woman” (WXIA 11)
  • Our episode on the white police arrested in Coggins’s murder (Fsck #32)
  • And the follow-up episode (Fsck #36)
• GEORGIA: Killer cops Henry Copeland, Michael Howell, and Rhett Scott indicted for murder (WJBF 6)
• ILLINOIS: Chicago EMS assumes 17-year-old Erin Carey was dead, let him bleed out rather than give aid (Chicago Tribune)
• ILLINOIS: Chicago PD apologizes for raiding wrong home (WBBM 2)
• MAINE: Border patrol agents spend 11 hours running traffic checkpoint for 1 minor arrest (Bangor Daily News)
• MINNESOTA: Minneapolis PD summarily execute 30-year-old Thurman Blevins, details in dispute (Splinter News)
• MINNESOTA: Minneapolis PD repeatedly ordering EMS to inject detainees with ketamine, powerful sedative (Minneapolis Star-Tribune)
• MISSISSIPPI: Columbus PD killer cop Canyon Boykin fired for killing black man, sues city for racial discrimination, gets a settlement! (BuzzFeed News)
• MONTANA: Stevensville School Resource Officer Samuel Steven Fawcett indicted for molesting toddler (Ravalli Republic)
• NEW YORK: Analysis shows bail in NYC almost entirely dependent on the judge, not the defendant or crime (FiveThirtyEight)
• NEW YORK: NYPD detective Thomas Rice pleads guilty to repeatedly fabricating witnesses (NY Daily News)
• NEW YORK: Long Island police officers Erik Skoglund, Karen Ernst, and Bruce Moeller busted for running drug ring, plotting to rob casino (WABC 7)
• NEW YORK: NYPD to start using summonses instead of arrests for weed charges (Associated Press)
• NORTH CAROLINA: Attorney on Planning Commission approves project, gets hired by project’s developer (Durham Herald-Sun)
• NORTH CAROLINA: State Highway Patrol sergeant R.W. Goswick on audio telling police to lie about attack on Kyron Hinton (News & Observer)
  • Our episode covering the attack (Fsck #66)
• NORTH CAROLINA: Former Person County elected DA Wallace Bradsher convicted, disbarred for “wife swap” fraud scheme (WTVD 11)
  • Our first episode on this guy (Fsck #7)
  • And when he was charged (Fsck #12)
  • And on the evidence of conspiracy (Fsck #24)
  • And the felony indictments (Fsck #36)
• NORTH CAROLINA: General Assembly gives police access to your prescription without a warrant (News & Observer)
• OHIO: White Lorain PD cop John Kovach fired for fabricating traffic stop to arrest daughter’s black boyfriend, lying about it (WCMH 4)
• PENNSYLVANIA: Philadelphia PD charges teenager with felonies for trying to burn Blue Lives Matter flag (Philadelphia Inquirer)
  • The Supreme Court ruled flag-burning was protected expression 30 years ago (Oyez)
• PENNSYLVANIA: Allegheny County killer cop Michael Rosfeld summarily executes unarmed black teen Antwon Rose 90 minutes after getting sworn in (Pittsburgh Tribune-Review)
  • Killing caught on cell phone video by bystander the next block over (Pittsburgh Tribune-Review)
  • Police “sources” are making claims to the media that are so false even the police chief says they’re lies (Pittsburgh Tribune-Review)
  • Rosfeld was forced to resign from his last job for lying under oath (Pittsburgh Post-Gazette)
  • A black sedan drove through a crowd of protestors, knocking over a police barrier (WXPI 11)
• TEXAS: Bexar County child molester deputy Jose Nunez given paid vacation for assaulting 4-year-old girl, threatening her mom with deportation (Houston Star-Telegram)
• TEXAS: At least 5 dead after high-speed car chase ends in crash (Killeen Daily Herald)
• TEXAS: Leon Valley police mass arrest attendees live-streaming a press conference (YouTube)
• WASHINGTON: French teen detained by ICE for 2 weeks after accidentally jogging across border on unmarked beach (CBC News)
• WEST VIRGINIA: The federal indictment against Supreme Court Justice Allen Loughry has been unsealed (NPR)
  • Our episode when Loughry was first suspended (Fsck #69)
• WISCONSIN: White UW-M student Alec Cook rapes nearly a dozen women, gets just 3 years in prison (WGN 9)
• WISCONSIN: Sterling Brown lawsuit includes racists posts by Milwaukee PD officers (Milwaukee Journal-Sentinel)
  • Our first episode about Brown’s arrest (Fsck #66)
  • And the initial release of footage (Fsck #69)

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It’s a #Law140-only episode this week, as T. Greg preps for a Wednesday trial. Join us as we talk about our beloved Papaya POTUS Donald Trump, and go over the reasons why he can’t be indicted by Robert Mueller while Trump’s still in office — including the Constitutional text, three of the Federalist papers, two OLC memos, and a handful of Supreme Court cases!

Our summary of criminal justice news will return later this week!

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

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Melanie Greenan, Judi Kane, Colleen Mahaney, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, David Ross, Joe Sevits, and Michael VanOrder)!

Show Notes:

• The New York Attorney General has filed suit against the Trump Foundation (CNN)
• Our #Law140 on Canons of Construction (Patreon, Fsck #13)
• Our #Law140 on the President’s pardon powers (Patreon, Fsck #18)
• Our #Law140 on grand juries (Fsck #20)
• Article I, Section 3 of the Constitution (National Archives)
• Article II, Sections 2-3 of the Constitution (National Archives)
• Federalist No. 65 (Avalon Project)
• Federalist No. 69 (Avalon Project)
• Federalist No. 77 (Avalon Project)
• OLC Opinion on the indictability of the President, 1973 (Federation of American Scientists)
• OLC Opinion on the indictability of the President, 2000 (US DOJ)
• US v Nixon (Oyez)
• President Ford’s testimony in US v Fromme (YouTube)
• Nixon v Fitzgerald (Oyez)
• Clinton v Jones (Oyez)
• Morrison v Olsen (Oyez)
• Symposium Foreword: “Can We Indict a Sitting President?” (Georgetown Law)

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Each of the first 4 Rules of Fsck make an appearance this week! Join us as we talk about police beating unarmed men on camera in Arizona and Oregon, a fired Georgia cop getting hired as a deputy days later, and a Maryland man dying in a Baltimore holding cell for a traffic ticket.

Then, in our #Law140 section, we talk about the federal Bail Reform Act and why Paul Manafort may end up going to jail before trial!

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

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Melanie Greenan, Judi Kane, Colleen Mahaney, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, David Ross, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Paul Manafort was dimed out by his associates (NY Times)
• Trump accomplishes nothing at G7 summit (BBC)
• Supreme Court issues its ruling in the “gay wedding cake” case (SCOTUS)
  • My thread breaking down the opinion (Twitter)
• Block-by-block analysis of murder “hotspots” where killings go unsolved (Washington Post)
• ARIZONA: 4 Mesa PD officers on paid vacation after being caught on security camera beating unarmed Robert Johnson (KPHO 5)
• CALIFORNIA: ICE deports uncle of children orphaned after ICE killed their parents (LA Times)
  • Our episode with the deaths of Santos Garcia and Marcelina Profecto (Fsck #59)
• DC: Latest batch of J20 prosecutions ends in 3 acquittals, 1 mistrial (HuffPost)
  • Our episode with the Government admitting they lacked evidence (Fsck #39)
  • …and the rioting charges getting dismissed (Fsck #42)
  • …and the jury acquitting on other charges (Fsck #46)
  • …and the court dismissing more charges over Brady violations (Fsck #68)
• FLORIDA: Politician’s office stopped running concealed handgun background checks for over a year because a staff member “couldn’t log in” (Tampa Bay Times)
• FLORIDA: Bay County Sheriff’s deputy takes down armed man with 2 cans of baked beans (Miami Herald)
• GEORGIA: Taylor Saulters, cop fired for running over a suspect, already rehired as Sheriff’s deputy (WSB-TV 2)
  • Our episode on Saulters being fired (Fsck #68)
• ILLINOIS: Chicago PD on video terrifying, arresting unarmed 10-year-old boy in case of “mistaken identity” (Chicago Sun-Times)
• IOWA: Des Moines student Manuel Antonio Cano Pacheco, US resident since he was 3, killed weeks after being deported to Mexico (Des Moines Register)
• KENTUCKY: State trooper Mitch Harris, coroner John Goble indicted for stealing ammo, guns, moonshine, eyeballs (WAVE 3)
• MARYLAND: Disabled man turns himself in to Baltimore PD on traffic ticket, dies in holding cell (Baltimore Sun)
• MINNESOTA: Minneapolis PD announces end to marijuana stings after 97.8% of those arrested are black (Minneapolis StarTribune)
• NEW YORK: Military personnel at Fort Hamilton order pizza, turn deliveryman over to ICE (NBC News)
  • Pablo Villavicencio’s deportation has been temporarily stayed (NBC News)
• OHIO: ICE comes bearing donuts, then arrests landscapers (Washington Post)
• OREGON: Marion County deputies on video pummeling homeless man (KGW 9)
• PENNSYLVANIA: Philadelphia DA Larry Krasner working on comprehensive list of tainted cops (Philadelphia Inquirer)
• UTAH: Clint Douglas Shaw, former Davis County SWAT officer, files lawsuit claiming county did not adequately hide his misconduct (Ogden Standard-Examiner)
• WEST VIRGINIA: Supreme Court Justice Allen Loughry suspended for lying, other violations of judicial conduct (WV Public Radio)
• WISCONSIN: New Milwaukee PD video of Bucks player Sterling Brown’s arrest shows police expected “firestorm” (Milwaukee Journal Sentinel)
  • Our episode on the first set of video of Brown’s arrest (Fsck #66)
• Mueller tries to revoke Manafort’s pre-trial release (NY Daily News)
• Federal Rules of Criminal Procedure, Rule 46 (LII)
• The Bail Reform Act of 1984 (Federal Judicial Center)
• US Attorneys’ Manual on Pretrial Proceedings (US DOJ)

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After 3 straight weeks of unusual episodes, we’re back on our regular rotation: a little politics, a lot of criminal justice f*ckery, and a little legal lesson!

Join us this week as we talk about new tariffs, research showing Republican judges give unusually harsh sentences to black defendants, a police officer in Florida arrested for extorting nudes from a women, and police in New Hampshire illegally arresting a guy for criticizing them on social media.

Then, in our #Law140 section, we go over the basics of negligence and how a Florida jury awarded the family of Gregory Hill a mere $0.04.

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

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Melanie Greenan, Judi Kane, Colleen Mahaney, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, David Ross, Joe Sevits, and Michael VanOrder)!

Show Notes:

• US Ambassador to Germany, Richard Grenell, pledges America will interfere in foreign elections (UK Guardian)
• The Moscow Muppet promises new aluminum, steel tariffs on US allies (Business Insider)
• The Papaya POTUS legal team sends a memo to Mueller that looks crafted by first-year law students (NY Times)
  • Seriously, look at some of the footnotes (Twitter)
• Study: Republican-appointed judges give harsher sentences to black defendants than Democrat-appointed ones (Harvard)
• Should defendants receive “technological due process”? Harvard student argues yes (Harvard)
• Compilation of cases involving “bloodstain-pattern analysis” and courts accepting junk science (ProPublica)
• CALIFORNIA: Humboldt County pedophile cop Cory Jordan Fisher Sr. set for preliminary hearing later this month (Eureka Times Standard)
  • There are now 14 total charges pending against Fisher (KIEM 3)
  • Plus a civil lawsuit by several inmates (Lost Coast Outpost)
• CALIFORNIA: Oakland church pledges to “divest” from police, avoid calling them (LA Times)
• COLORADO: Unidentified FBI agent on video dropping gun while dancing in club, shooting bystander (Denver Post)
• DC: More J20 charges dismissed after prosecutors commit Brady violations (BuzzFeed News)
  • Our episode with the Government admitting they lacked evidence (Fsck #39)
  • …and the rioting charges getting dismissed (Fsck #42)
  • …and the jury acquitting on other charges (Fsck #46)
• FLORIDA: Racial disparities in how Miami police treat marijuana prosecutions (Miami New Times)
• FLORIDA: Orange City PD officer Joshua David Fancher arrested after threatening to kill woman if she didn’t send him nudes (WKMG 6)
• FLORIDA: Orlando resort apologize to black doctor after video of white family screaming racial slurs at them (Orlando Sentinel)
  • The video is pretty bad (Twitter)
• FLORIDA: Orange County chomo deputy Marcus Leon James arrested for raping “child younger than 12” (WKMG 6)
• FLORIDA: Palm Beach County judge rejects “Stand Your Ground” defense from killer cop Nouman Raja (Florida Sun Sentinel)
• FLORIDA: St. Lucie County jury awards $0.04 to family for police execution of Gregory Hill (Miami Herald)
• GEORGIA: Athens-Clarke County PD officer Taylor Saulters fired for running over unarmed black man with his patrol car (Atlanta Journal-Constitution)
• HAWAII: Waipahu taxpayers pay $650,000.00+ for extrajudicial summary execution of schizophrenic man in 2013 (Hawaii News Now)
• IDAHO: Deputies in Elmore County shoot, kill unidentified man with knife after car chase (KTVB 7)
• IOWA: Bodycam footage “fails to corroborate” Burlington PD killer cop Jesse Hill’s excuse about why he killed white mother Autumn Steele (Des Moines Register)
• KANSAS: Overland Park PD killer cop Clayton Jenison says he was justified in unloading 13 shots, summarily executing suicidal 17-year-old John Albers (Kansas City Star)
• LOUISIANA: White teen laughs on Snapchat over killing “some n*gger” after running over, killing 31-year-old Rell Lewis (WXIA 11)
• MASSACHUSETTS: In-depth profile on how white drug addicts get treatment, not jail (Politico Magazine)
• MISSOURI: Black drivers +85% more likely to be stopped by police than similarly-situated whites (Associated Press)
• NEW HAMPSHIRE: Exeter PD illegally arrest man for his online criticism of crooked Police Chief William Shupe (Slate)
• NEW JERSEY: Paterson PD officer Roger Then indicted for beating suicidal man in hospital (Paterson Times)
  • Officer Ruben McAusland, involved in the same incident, is also indicted for dealing drugs to the FBI (NorthJersey.com)
  • Officers Jonathan Bustios and Eudy Ramos have been indicted for unrelated warrantless searches (Paterson Times)
• NEW YORK: Hipster real estate agent in NYC on video calling police, shouting racial epithets outside nightclub (NY Post)
  • The video is pretty bad (Reddit)
• PENNSYLVANIA: Unidentified Spring Grove PD officer shoots handcuffed man while he’s seated in back of patrol car (York Dispatch)
• TENNESSEE: Armed, white cop killer arrested alive (Nashville Tennesseean)
• TENNESSEE: White neighbor calls police on black real estate agent, police defend agent (The Root)
• VIRGINIA: Self-avowed pedophile and white supremacist running for Congress (HuffPost)
• VIRGINIA: Chesterfield taxpayers pay $6,500,000.00+ to man severely burned by reckless Taser use (Richmond Times-Dispatch)
• AUSTRALIA: Victoria police fake more than a quarter-million breath test results (The Age)
• INDIA: Sikh cop saves Muslim boy from mob attack over Hindu girlfriend (UK Metro News)
• UNITED KINGDOM: Makeup company runs #SpyCops ad campaign, backtracks after intimidation by police (UK Independent)
• Negligence Overview (Justia)
• Excellent 50-state overview of negligence laws (Matthiesen, Wickert & Lehrer)