Coyote Blog

Why is the media always so deferential to the state?  The reasons may be in part ideological, but there is a public choice explanation as well -- the state (particularly local police and crime stories) generate most of its headlines, and so they have a financial incentive to retain access to the source of so much of their content.

Perhaps even more revealing, though, was this:

To start, [San Diego County Sheriff's Office] spokeswoman Jan Caldwell explained to the room full of journalists why it is so important to be nice to her: "If you are rude, if you are obnoxious, if you are demanding, if you call me a liar, I will probably not talk to you anymore. And there's only one sheriff's department in town, and you can go talk to the deputies all you want but there's one PIO."

Here we have the heart of the matter. "Professional" journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement's core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here's my overt bias: I'm a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state's claims as fact and the defense's as nitpicking or flimflam. They accept the state's spin on police conduct uncritically. They present criminal justice issues from their favored "if it bleeds it leads" perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacle. They accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants' rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don't understand them.

This "professional" press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don't want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother's basement. But it's not because an 800-pound bedridden guy can't ask pertinent questions. It's because he's frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be "respectful" in order to protect his access. (Of course, he might also be completely nuts, in a way that "mainstream" journalism screens out to some extent.)

Which is why, despite Joe Arpaio's frequent antics that make national news, it falls to our local alt-weekly here in Phoenix rather than our monopoly daily paper to do actual investigative reporting on the Sheriff's office.

It is simply appalling that the officer in this video was acquitted by a judge of assault.  It is clear from the video that he punched a woman who did absolutely nothing wrong (he thought she was the one who had thrown the liquid at him in the early frames).  But even if she had been absolutely guilty of splashing him with a few drops of beer, his reaction is STILL assault.

This quote is particularly amazing:

Josey testified that the woman refused to drop a bottle of beer she had been holding. He said that he went to knock the bottle from her hand and was “shocked” to see her go down when his hand hit her face. She was originally charged with disorderly conduct but the charges were later dropped.

This is an outright lie.  Watch the video.  There is absolutely no time for the officer to have ordered the woman to have dropped the beer.  Nor would that have been a legal order.  Nor is there any evidence of him waiting for her response.  He was pissed off that someone "dissed" him and he lashed out like a violent jerk in a biker bar.

I shudder to think how many people in the past were prosecuted and went to jail on the BS word of police officers.  Without video, this woman probably would have been successfully prosecuted and convicted.  Even with video, the police officer can't be successfully prosecuted.  Though I must give Philly a few point here -- a lot of jurisdictions would not have even prosecuted or fired him.

From the AZ Republic

A Flagstaff police officer who used his baton, boot and a cable to kill an injured dog after a fellow officer accidentally hit the animal with his car in August will not face criminal charges, according to the Navajo County Attorney’s Office.

...

Tewes was called after another officer hit a loose dog with his car Aug. 19. Tewes and the other officer decided the dog needed to be euthanized, but Tewes was concerned about using his gun in the neighborhood.

According to a Coconino County sheriff’s investigative report, Tewes repeatedly tried to bludgeon the dog to death, but it didn’t die. He then tried to jump on the dog’s head and cave in its skull, but that also didn’t kill the animal. Eventually, after some 20 to 30 minutes of trying to kill the dog, he used a hobble, which is like a metal cable, to try to strangle the dog. It took several tries before the dog died.

We give police officers unique and dangerous powers and authority.  It is amazing the poor judgement of the people we so entrust.

I have argued before that police often behave as if they are legally dictator of their immediate area, and frequently assume they can issue orders, however asinine, to anyone in their visual range.  Of course this is legally not true (though I suppose it is legally true if you take into account that courts and the minimal accountability processes that exist for cops never punish them for such behavior).

Here is a great example.  The 2-minute TSA freeze drill, with the TSA yelling at people -- already through security -- within their visual range for moving.  I think they are ripping off Heinlein - was this in Starship Troopers?

I got a call today from the National Conference of Mayors.  They wanted to send somebody by to talk to me about just how committed these great folks were to small business success.

The call began poorly, as their representative tried to use a tactic I mostly only get from penny-stock boiler rooms - pretending that she and I had talked some time in the past and that I had committed to meeting with her.  I suppose this tactic might have worked with a frazzled exec, but it is one sure fire way to immediately get me pissed off in a phone call.  After telling her that she and I had no such call and that I did not appreciate the cheap telemarketing tactic, I said that I had absolutely no desire to help the mayors put some fake pro-business patina on their activities that are generally hostile to commerce and free markets.   I told them that I did not want a subsidy, handout, any special access, training programs, etc., I just wanted to be left alone.  I was not going to participate in some program where I get my picture taken shaking some politicians right hand while he is whacking me with a stick with his left.  The representative, to her credit before she hung up, admitted she gets this reaction a lot.

One only has to look at their "plan" (pdf)  to see what their vision entails for "helping" small business.  Here is a summary of the planks:

1. More Federal spending on local infrastructure
2. More Federal unemployment spending and lower Federal payroll taxes
3. Create new Federal subsidy and loan programs and job training programs for businesses in favored, sexy-sounding industries (e.g. "manufacturing" or "high-tech").  I presume someone starting a restaurant or hair salon or without any political clout need not apply.  To their credit they also advocate free trade agreements and visa reform, though they then lose that credit by also advocating failed ideas like "trade adjustment assistance" and "metropolitan export plans"
4. More Federal spending in urban areas (police, job training, affordable housing, community development).

As will not be surprising, absolutely nothing in the Mayor's plans dealt with actual issues under their control, such as business, occupational, and occupancy licencing reform.   Also not surprisingly, the mayors call for hundreds of billions of dollars in new Federal spending narrowly aimed at urban areas without once explaining why these can't or shouldn't be funded locally.  If Los Angeles wants more money for its police, or trains, or schools, and if that spending has real demonstrable value to the city, then why can't they sell the new taxes and spending to their own citizens?  Why do they need the money from the Feds (ie from the rest of us)?

But you can just see the corporate state a work.  A few companies will cynically climb on board, knowing this is all BS, but also knowing that they will get a nice subsidy or sweetheart project in exchange for letting the majors check their "pro-business" box  (pro-business used here as distinct from pro-market).

It's become a joke of totalitarian states that prisoners killed by the state are all "shot trying to escape."  I can't get that phrase out of my head when I read this

A state crime lab report claims Chavis Carter, the man shot to death while handcuffed in the back of a Jonesboro, Arkansas police cruiser, committed suicide.

The left-handed Carter, the report claims, retrieved a 380-caliber Cobra semi-automatic, which he had managed to conceal from officers during two searches, and used his right hand to shoot himself in the head.

The government commandeers a company's driver and truck for a drug smuggling operation without the company's knowledge or permission (and without any compensation).  The innocent and apparently overly helpful driver then dies in a hail of bullets that also riddle the truck as authorities screw up the bust.  In the process, police are wounded when they end up shooting at each other.  What a mess.

Radley Balko has this amazing comparison of two different citys' police recruitment videos, which paired together give great insight into really different ways these departments see themselves and their mission.  As Balko asks, which town do you want to live in?

It is never dull here in AZ.  It appears that Michael Marin, upon being convicted of arson in court yesterday, may have committed suicide right there in court.

"Burning Man" Michael Marin reportedly died after his "medical emergency" in the courtroom yesterday, which came after a jury handed down a guilty verdict in Marin's arson case.

Fox 10 had its camera on Marin's face as the verdict came in, and it sure looks like he put something in his mouth before he started having an apparent seizure and fell unconscious in the courtroom.

Video at the link if you are morbidly inclined.

I just read JD Tuccille's High Desert Barbeque, also about arson in AZ as it turns out, and enjoyed it thoroughly.  But authors like Tuccille who are writing satire have to work hard to stay more outrageous than the news here in AZ.  Seriously, a guy starts a fire in his own house, escapes from the second floor in a scuba mask and tanks, and then crunches a cyanide tablet in court as the verdict is read?  Come on, who is writing this stuff?

PS-  I may be missing the legal definition on this, but Marin was convicted of arson on an occupied structure when he was the only occupant.  I find it odd that the arsonist himself "counts" as an occupant towards this charge which, I presume, carries worse penalties than arson on an unoccupied structure.  Upping the charge this way reminds me of the NYC police asking people on the street to show them their weed and then busting them on the charge of public display of said weed.

Via Radley Balko, certain Dallas residents are upset that they are getting "nitpicked" for speeding and other traffic violations caught by camera.  Normally, I would be quite sympathetic.  But not in this case.  You see, those who are upset about getting punished for violating traffic laws are Dallas police:

The Dallas Police Department has suspended a special unit’s regular reviews of dash-cam video from patrol cars because officers felt they were being nitpicked with disciplinary action for minor infractions such as speeding.

The recordings and the reviews are meant to provide evidence when patrol officers go renegade, and they are especially helpful in excessive-force cases. They’re also crucial for protecting officers falsely accused of wrongdoing.

In 11 months of operation, the unit reviewing the video found numerous examples of officers exceeding the department’s speed requirements, failing to turn on their lights and sirens or failing to stop at stop signs or red lights during chases or when responding to other emergency calls.

While in many cases these actions are against department policy, police commanders say they became concerned that some supervisors were taking a heavy-handed approach to routine problems, meting out discipline rather than finding ways to change behavior.

“The folklore among officers is, ‘I’m afraid to go five miles over the speed limit because I’ll be disciplined,’” said Chief David Brown. He ordered a cooling-off period for the review process while the department takes a look at what can be done to ensure that it is fair and reasonable.

As someone who has gotten a ticket from a police officer for going less than five miles over the speed limit, I can think of a two word response:  Equal protection.

While some supervisors informed of violations have simply counseled officers to be more cautious, Dallas Police Association officials say at least a couple of dozen officers were disciplined, mostly with minor write-ups, for speeding violations.

Well, since police officers like all public officials are impossible to fire, this does not mean squat.  I don't see any fine here, or points on their license, penalties absolutely everyone else would face.  A better spin for this article would be "police violations of traffic law treated far more leniently than those by anyone else."  And even with this lenient treatment, they still shut it down as too onerous.

All that being said, the video review program Dallas was doing is a good idea.  It should continue, and if traffic law enforcement is getting in the way of the program continuing, I would be willing to let the officers slide if only to catch more substantial violations in how they interact with the public.

From the Washington Post

President Obama will issue an executive order Monday that will allow U.S. officials for the first time to impose sanctions against foreign nationals found to have used new technologies, from cellphone tracking to Internet monitoring, to help carry out grave human rights abuses.

LOL, Foreign nationals identified by NSA communications monitoring as violating this order will be pinpointed by satellites and surveillance drones and hit with a cruise missile.

Hard to picture any American President in the last 20 years signing this with a straight face.   Is there a Federal law enforcement agency or major police force in this country who is NOT violating this order, had it applied to American citizens?

I grew up in Houston.  Around and embedded in Houston are a number of small cities and villages with their own police forces.  You generally really, really did not want to encounter these folks.  They often hired the dregs of large police forces, preferentially taking the hard cases even the larger forces could not tolerate.  I remember the small village next to my high school hired one of the Houston Police officers who beat Joe Campos Torres to death (after Texas courts gave the two leaders of the beating probation and at $1 fine for killing the Vietnam vet).  These police forces are famous for their hostility to non-whites.

So it comes as no surprise, but never-the-less with great irritation, to see another such Houston-area independent city (in this case Bellaire) refusing to punish criminal officers who gunned down an innocent man in his own driveway for the apparent crime of driving while black

Cop runs license check on a suspicious vehicle. Although they apparently committed no traffic violation, cop insists that his decision to run a check had nothing to do with the fact that the occupants were black, and happened to be driving in an affluent, predominately white neighborhood. The cop’s partner apparently then enters the wrong license number, which returns a car that had been reported stolen. So cop follows car into driveway, which happens to be the home of the driver’s parents, where he lives. Cop approaches driver and occupant with his gun drawn. Driver’s parents come out to see what’s causing the commotion. Cop roughs up driver’s mother. Driver gets up from ground to tell cop to lay off of his mother. Cop shoots driver, a full 32 seconds after pulling into the driveway.

The driver, who was unarmed, will now carry a bullet in his liver for the rest of his life. The cop was charged with first degree aggravated assault. A jury acquitted him. Now this week, U.S. District Judge Melinda Harmon dismissed the driver’s lawsuit against both the cop that fired his gun and the cop who entered the wrong license plate number, citing qualified immunity. According to Harmon, the officer acted “reasonably,” and moreover, wrongly accusing an unarmed man of stealing a car, pointing a gun at him, then shooting him in the liver, “did not violate [his] constitutional rights.”

Both cops are back on the force. The guy with the bullet in his liver? Tough luck. He’ll be paying his own medical bills.

Ken over at Popehat had a great article about  a proposed cyber-bullying law in Connecticut.  While he later reports the bill may have died in committee, it is still instructive to look at it, as its twin may well get passed in AZ and many other states are proposing such laws faster than the little animals pop up in a whack-a-mole game.

I am becoming increasingly convinced that these are all stealth attempts to protect politicians and public officials from criticism.  Look at the proposed law in CT:

(a) A person commits electronic harassment when such person, with intent to harass, annoy or alarm another person, transmits, posts, displays or disseminates, by or through an electronic communication device, radio, computer, Internet web site or similar means, to any person, a communication, image or information, which is based on the actual or perceived traits or characteristics of that person, which:
(1) Places that person in reasonable fear of harm to his or her person or property;
(2) Has a substantial and detrimental effect on that person's physical or mental health;
(3) Has the effect of substantially interfering with that person's academic performance, employment or other community activities or
responsibilities;
(4) Has the effect of substantially interfering with that person's ability to participate in or benefit from any academic, professional or community-based services, activities or privileges; or
(5) Has the effect of causing substantial embarrassment or humiliation to that person within an academic or professional community.

One of the tricks of these laws is to mix and thereby conflate outrageous behavior most all of us are willing to restrict (e.g. make a credible threat to someone's life) with everyday behaviors such as annoying people.

Let's say I were to write in my blog that, say, Joe Arpaio is an jerk and should not get re-elected.  Let's analyze the statement

• It's transmitted electronically
• It will very likely annoy Arpaio, since he is known to be annoyed by all criticism
• I am trying very hard to interfere with his employment by preventing his re-election

By this law, therefore, even this relatively mild criticism is illegal.   In fact, since all criticisms of politicians can be said to negatively affect their re-election chances, by part 3 any political criticism online would be illegal.

I honestly don't think this is a bug, it is a feature.  Already police departments and other public officials are using cyber-bullying laws to stomp on those who criticize them.

This is just amazing -- Bloomberg has become too nutty even to caricature.  From CBS NY via Overlawyered

Mayor Michael Bloomberg’s food police have struck again!

Outlawed are food donations to homeless shelters because the city can’t assess their salt, fat and fiber content, reports CBS 2’s Marcia Kramer.

Glenn Richter arrived at a West Side synagogue on Monday to collect surplus bagels — fresh nutritious bagels — to donate to the poor. However, under a new edict fromBloomberg’s food police he can no longer donate the food to city homeless shelters.

It’s the “no bagels for you” edict.

“I can’t give you something that’s a supplement to the food you already have? Sorry that’s wrong,” Richter said.

Richter has been collecting food from places like the Ohav Zedek synagogue and bringing it to homeless shelters for more than 20 years, but recently his donation, including a “cholent” or carrot stew, was turned away because the Bloomberg administration wants to monitor the salt, fat and fiber eaten by the homeless.

Scathing report on how NY police gamed the process to improve their reported crime numbers.  Nothing in this should be the least surprising to anyone who watched a few seasons of The Wire.

These are not just accounting shenanigans.  There were actions the directly affected the public and individual liberty.  People were rounded up on the street on BS charges to pad arrest stats while real, substantial crimes went ignored in a bid to keep them out of the reported stats.

There is one part in here that is a good illustration of public vs. private power.  People who fear corporations seem to have infinite trust for state institutions.  But the worst a corporation was ever able to do to a whistle blower was fire him.  This is what the state does:

For more than two years, Adrian Schoolcraftsecretly recorded every roll call at the 81st Precinct in Brooklyn and captured his superiors urging police officers to do two things in order to manipulate the "stats" that the department is under pressure to produce: Officers were told to arrest people who were doing little more than standing on the street, but they were also encouraged to disregard actual victims of serious crimes who wanted to file reports.

Arresting bystanders made it look like the department was efficient, while artificially reducing the amount of serious crime made the commander look good.

In October 2009, Schoolcraft met with NYPD investigators for three hours and detailed more than a dozen cases of crime reports being manipulated in the district. Three weeks after that meeting—which was supposed to have been kept secret from Schoolcraft's superiors—his precinct commander and a deputy chief ordered Schoolcraft to be dragged from his apartment and forced into the Jamaica Hospital psychiatric ward for six days.

On the way to work today, which is normally only a 5-minute drive for me, there was a small fender-bender among a couple of cars.  The cars did exactly what you are supposed to do:  they pulled off the road into a nearby parking lot so they would not block traffic.  The police could not be bothered, and just parked in the right lane, jamming traffic up for a mile or so.  I looked - there was no debris or anything in the road that they were trying to block (you can confirm that from the picture below), the police simply did not have the common courtesy that the other drivers had.

Yes, the police car below is actually parked and unoccupied in the right lane at morning rush hour.  The citizens involved can be seen pulled into the parking lot at the left.  Though it is hard to see from the picture, the traffic backup extends well into the distance.

I was surprised to find this bit of awesomeness on the net:

Update: Speaking of which, Carlos Miller, from whom the title of this post is stolen, was yet again arrested for filming police in a public place.

Folks on the Left prefer public institutions over private ones because they percieve them as more "fair."  But the power of lawmaking and police and prisons allows public institutions to be far more abusive than private entities could ever be.  We spent months and years torturing ourselves about accounting abuses at Enron, but these are trivial compared the accounting shenanigans state institutions engage in every day.

Or consider this, from Europe, particularly the first bit

“In the event of default (i) any non-official bond holder is junior to all official creditors and (ii) the issuer reserves the right to change law as needed to negate any rights of the nonofficial bond holder.

.

“We should not underestimate the damage these steps have inflicted on Europe’s €8.4 trillion sovereign bond markets. For example, the Italian government has issued bonds with a face value of over €1.6 trillion. The groups holding these bonds are banks, pension funds, insurance companies, and Italian households. These investors bought them as safe, low-return instruments that could be used to hedge liabilities and provide for future income needs. It was once hard to imagine these could ever be restructured or default.

.

“Now, however, it is clear they are not safe. They have default risk, and their ultimate value is subject to the political constraint and subjective decisions by a collective of individuals in the Italian government and society, the ECB, the European Union, and the International Monetary Fund (IMF). An investor buying an Italian bond today needs to forecast an immediate, complex process that has been evolving in unpredictable ways. Investors naturally want a high return in order to bear these risks.

.

“Investors must also weigh carefully the costs and benefits to them of official intervention. Each time official creditors provide loans or buy bonds, the nonofficial holders become more subordinated, because official creditors including the IMF, ECB, and now the European Union continue to claim preferential status.”

This is not to say that bondholders in private entities don't get crammed down in a refinancing or bankruptcy.  But here we are talking about differential treatment of holders of the exact same class, even issue, of securities.

For those of you not in Arizona that wonder from all the articles about him why Sheriff Joe is still elected by almost landslide majorities, and why Republicans all over the state still beg him for his endorsement, here it is:

A subsequent examination of the sheriff's file showed that residents of Maricopa County wrote to him regarding the presence of Mexicans in greater Phoenix.

Citizens saw day laborers. They saw people with brown skin. They heard Spanish spoken.

And what the letters reveal is enormous anxiety about Hispanics:

• "I always see numerous Mexicans standing around in that area . . . These Mexicans swarmed around my car, and I was so scared and alarmed . . . I was never so devastated in my life regarding these circumstances . . . Although the Mexicans at this location may be within their legal right to be there . . . I merely bring this matter to your attention in order that all public agencies, FBI, etc., may be kept informed of these horrific circumstances."
• "I would love to see an immigrant sweep conducted in Surprise, specifically at the intersection of Grand and Greenway. The area contains dozens of day workers attempting to flag down motorists seven days a week."
• "The Mesa police chief drags his feet and stalls . . . the head of the Mesa police union is a Hispanic."
• "As a retiree in Sun City, formerly from Minnesota, I am a fan of yours and what you are doing to rid the area of illegal immigrants . . . when I was in McDonald's at Bell Road and Boswell (next to the Chase Bank) this noon, there was not an employee in sight, or within hearing, who spoke English as a first language — to my dismay. From the staff at the registers to the staff back in the kitchen area, all I heard was Spanish — except when they haltingly spoke to a customer. You might want to check this out."

And Sheriff Arpaio did check it out.

None of the Hispanics described in the letters had broken the law. It is not against the law to speak Spanish or work as a day laborer.

Arpaio nonetheless gave the correspondence to Deputy Chief Brian Sands. Federal Judge Snow determined that raids and roundups quickly followed. Hispanics were rousted because white people were uncomfortable.

Sheriff Joe once did a roundup in tony Fountain Hills, which I would be surprised if it had even 5% Hispanic population, and managed to drag in for various petty violations (e.g. cracked windshield) a group that was about 95% Hispanic.  His favorite thing to do, when he isn't busting into homes with Hollywood celebrities, is to send his deputies into a business and have them handcuff everyone with brown skin and refuse to release them until they or their family members have arrived to prove they are in the US legally.

This whole article is a good roundup of yet another abusive side of Arpaio, his flagrant disregard for public records laws and the rules of evidence.  In Maricopa County, "exculpatory evidence" and "shredded" have roughly the same meaning.

Apparently, while Sheriff Arpaio was busy raiding businesses and zip-tieing everyone with brown skin and distracted by his attempts to arrest judges that handed down unfavorable decisions, there was actual violent crime happening in Maricopa County.  With the Sheriff busy with celebrities raiding homes suspected of cockfighting with tanks, minor stuff like rape got put on the back burner.  The story has just been discovered by the AP but it has been kicking around town for a while:

The Maricopa County Sheriff's Office failed to adequately investigate more than 400 sex-crime cases, including dozens in El Mirage, over a two-year period because of poor oversight and former Chief Deputy David Hendershott's desire to protect a key investigator from bad publicity, according to documents pertaining to a recent internal investigation released by the Sheriff's Office.

The errors led to interminable delays for victims of serious crimes who waited years for the attackers to be brought to justice, if they were ever caught.

More than 50 El Mirage sex-crime cases, most involving young children reportedly victimized by friends or family, went uninvestigated after police took an initial report. The lack of oversight was so widespread in El Mirage that it affected other cases: roughly 15 death investigations, some of them homicides with workable leads, were never presented to prosecutors, and dozens of robberies and auto-theft cases never led to arrests.

The East Valley Tribune actually had details on this story over three years ago, in a story that won a Pullitzer, but the Sheriff never bothered to do anything until the story hit the AP.

Employees were preparing to close the 99 Cent Discount Store in El Mirage on Aug. 20, 2006, when a teenage girl ran inside.

Agitated and refusing to leave, the 15-year-old girl told the store's manager that two men had just raped her in a ditch outside, a police report says.

Paramedics took the girl to Del E. Webb Hospital in Sun City West, where medical staff found physical evidence of sexual assault, according to deputy chief Bill Knight, head of the sheriff's central investigations, who researched the case.

At midnight, a detective from the MCSO's special victims unit arrived at the hospital to begin an investigation, the report says.

But the investigation never really began.

The MCSO closed the case a month later by designating it "exceptionally cleared," which is supposed to be applied to cases where a suspect is known and there's enough evidence to make an arrest but circumstances prevent an arrest. That designation allows the MCSO to count the case in the same reporting category as investigations that end in arrest.

But in this case, the detectives didn't have a suspect and appear to have done no work on the case.

I would love to see a reincarnation of "the Wire" focused on our Sheriff's department.  All the same corruptions in the show are on display every day here in Arizona.

If nothing else, the OWS movement is helping ordinary Americans see the abuse of power that is so endemic in many police departments.  I am tired of the quasi-cult of police ass-kicking on average citizens, as fed by reality cop shows and folks like Joe Arpaio.  As Radley Balko points out, the casual way that the officer hoses down citizens who are just sitting on a curb with pepper spray is just outrageous.  From past experience, my guess is that these guys were ready to go limp and be dragged off - the pepper spray was just pure torture for the entertainment of the cops.

We would not do this to a terrorist in Gitmo, so why are we doing this to American citizens? I think I get particularly angry and intolerant of this kind of crap because I used to be the kind of law and order conservative that would excuse this kind of behavior, and that embarrasses me. The saying goes that a converted Catholic is often more fervent than a born one, so to I guess for this civil libertarian.

Though it's a high bar given what has been going on recently, this is the most aggravating thing I have read this week, via Glen Reynolds:

Robert and Patricia Haynes live in Michigan with their two adult children, who have cerebral palsy. The state government provides the family with insurance through Medicaid, but also treats them as caregivers. For the SEIU, this makes them public employees and thus members of the union, which receives $30 out of the family's monthly Medicaid subsidy. The Michigan Quality Community Care Council (MQC3) deducts union dues on behalf of SEIU.

Michigan Department of Community Health Director Olga Dazzo explained the process in to her members of her staff.  "MQC3 basically runs the program for SEIU and passes the union dues from the state to the union," she wrote in an emailobtained by the Mackinac Center. Initiated in 2006 under then-Gov. Jennifer Granholm, D-Mich., the plan reportedly provides the SEIU with $6 million annually in union dues deducted from those Medicaid subsidies.

“We're not even home health care workers. We're just parents taking care of our kids,” Robert Haynes, a retired Detroit police officer, told the Mackinac Center for Public Policy. “Our daughter is 34 and our son is 30. They have cerebral palsy. They are basically like 6-month-olds in adult bodies. They need to be fed and they wear diapers. We could sure use that $30 a month that's being sent to the union.”

This is a microcosm of the typical liberal fail -- a group or agency does initial good work (private unions in the early 2oth century, civil rights groups in the 60's and 70's, the EPA in the early 70's) but refuse to go away and declare victory, instead morphing into self-sustaining parasites whose only concern is their own survival.

The most frequent customer service fail we have in our company is when an employee, thinking they are doing me some kind of favor, go nuts on a customer trying to enforce some trivial rule or trying to collect the last $5 our company might be owed.

It is astronomically hard to train people to use their judgement the same way I would in a customer situation.  This is particularly true when ego gets involved, when the employee feels like they have somehow taken a ego hit, with the customer "winning" and them "losing."  I once had an employee drive out of the park we were operating and chase a woman down the road over a misunderstanding about whether $5 had been paid correctly.  Incredible.  Unfortunately,  I have found no amount of training can fix judgement this bad, and the only thing I know how to do is fire them as fast as possible so they can't do any more harm.

I have always supposed this over-zealousness was a general human train, but in certain am-I-crazy moments, I wonder if somehow I am preferentially selecting for this kind of nuttiness.  Apparently not:

A Hawaii couple’s 3-year-old daughter was taken away from them for 18 hours after they were arrested for forgetting to a pay for two $5 sandwiches.

“This is unreal this could happen to a family like ours,” Nicole Leszczynski told Hawaii’s KHON.

The outing-turned-nightmare happened Wednesday while the family was shopping at a local Safeway.

“We walked a long way to the grocery store and I was feeling faint, dizzy, like I needed to eat something so we decided to pick up some sandwiches and eat them while we were shopping,” Leszczynski told the news station.

Leszczynski, who is 30-weeks pregnant, her husband, Marcin, and daughter Zophia bought $50 worth of groceries — but forgot about their two chicken salad sandwiches.

“It was a complete distraction, distracted parent moment,” Leszczynski told KHON.

As the family left, they were stopped by store security, who asked for their receipt.

“I offered to pay, we had the cash. We just bought the groceries,” Leszczynski told the station.

Instead, the expectant mother told KHON that the Safeway manager called police. They were taken to the main Honolulu police station where they were booked for fourth degree theft. Then Zophia was taken into custody by Child Protective Services.

I will say that I think the public agencies we replace in operating these parks are generally worse at this than we are, simply because so many of their employees have law enforcement certifications.  Dealing with customer service issues using law enforcement officers is often a recipe for bad outcomes.

Ken at Popehat has some good thoughts, prompted by the dropping of the rape case against Dominique Strauss-Kahn.

The critical narrative holds that this case shows that the rich and the powerful are above the law. I’m not so sure. I don’t believe the DA took this route because he was afraid to prosecute a rich and powerful man, or as a favor to rich and powerful forces behind the curtain. But there’s no doubt that money and power get you a vastly better chance of this result. They get it because rich and powerful people can field a team of lawyers and investigators to find problems with the case. Those problems are often there — but usually the defendants don’t have the money to hire teams of people to find them. The rich and the powerful draw media attention, which leads to people coming forward with information that might not otherwise come out. Sometimes this hurts the defense, but just as often it yields critical impeachment evidence about prosecution witnesses. Perversely, this case shows how wealth and power and lead prosecutors to discover flaws in their own case. Most rape cases wouldn’t get anywhere near the police and prosecutorial scrutiny that this one did. But the police and the DA knew they were under the spotlight, and knew that Strauss-Kahn could field a serious team, and devoted vast resources to the case — resources that revealed issues that might never have been discovered in a rape case against the poor and the obscure.

Why decry the quality of justice that the rich and powerful get, when we could decry the level of justice that the poor get? The justice that the rich and powerful get illustrates how the system can meticulously test the adequacy of evidence against an accused. Why not try to raise every defendant closer to that level, rather than suggest that we ought to tear down the adequate justice available to the few? Believe me, the government lovesthat narrative — loves it when people view a vigorous and thorough defense as some sort of scam to be scorned. Resentment of the justice that Strauss-Kahn can afford is the government’s weapon, which it wields to get you to accept steadily less and less justice in every other case.

I am sure there are situations where the rich get a special break, but anyone who wants to argue that they systematically get off easier has to explain Martha Stewart, who went to jail not for insider trading by lying to the police, a charge no street hustler would ever be brought to court on.  And how about Barry Bonds, on whom the full force of and resources of the US Government is focused for a crime I can find going on in about any Gold's Gym in the country.

The imbalance of wealth and power are on the prosecution side, and politicians trying to get elected propose laws constantly to increase this imbalance.  The rich have the resources to stand up to this onslaught, the poor often do not.

Sheriff Joe Arpaio has a web site where he encourages the public to poke fun at the ugliest or most odd-looking mug shots taken by his officers.  He has a mug shot of the day contest, where citizens can vote for their favorite.

What do all the people pictured in these photos have in common?  The are all innocent -- by definition, since they have not plead in any court or gone to trial.

Sorry, I know he has added the reminder that these folks are innocent on that page, but this kind of public shaming and ridicule for un-convicted arrestees (part and parcel with other favorites like the perp walk) are absolutely inappropriate for the police to engage in.  It is absurd to see our Sheriff running his only little TMZ.

(Yes, I know there are private sites that engage in this, as the photos are public information.  I have always wondered why arrest records are not confidential, but that is another post.  There is a big difference between a private entity engaging in such a behavior and a law enforcement officer doing so.)