Wednesday, January 28, 2009

That's Some Expensive Sh*t!

My law partner Jim Shelson spotted this gem of a story on the Associated Press, c/o Yahoo:

SAN DIEGO – A San Diego judge has declared a mistrial in a kidnapping and assault case after the defendant smeared excrement on his lawyer's face and threw it at jurors. The judge boosted defendant Weusi McGowan's bail from $250,000 to $1 million after the Monday incident.

Prosecutor Christopher Lawson says McGowan was upset because the judge refused to remove public defender Jeffrey Martin from the case.
McGowan had smuggled a bag of feces into court and spread it on Martin's hair and face before flinging the excrement at jurors. No jurors were hit.

http://news.yahoo.com/s/ap/20090128/ap_on_fe_st/courtroom_feces

That's a drug dealer's wet dream -- a $750,000 bag of shit . . . but did anyone think Mr. McGowan could post the $250K bond anyway?

More important by far though: is Mr. McGowan "shit-slinging crazy" -- or was he just "topping off" a lawyer who was already full of shit? And how does one "smuggle a bag of feces into court"? The jail, sheriff's van, and courtroom all smelled so bad that nobody noticed?

Monday, January 26, 2009

If You Thought Mississippi Was On Another Planet, Try Texas

The Texas Monthly reports on the welcome home party for former President George W. Bush in Midland, Texas.

Midland, Texas on Inauguration Day was kind of a parallel universe to the rest of the country. The Age of Obama was being heralded live on national TV, but in their Centennial Plaza, 20- to 25,000 Midlanders, waving red, white, and blue W’s, spent a gorgeous West Texas January afternoon listening to their own parade of local and statewide Republican luminaries. Music was provided by Larry Gatlin and Lee Greenwood.

The rest of the story is at: http://www.texasmonthly.com/2009-02-01/webextra6.php

We sometimes think that Mississippi is on another planet. But clearly, Texas is even further out on its own orbit. Don't that make you feel GOOD?

Latest GOP Brainstorm: Move the Gitmo Prisoners to Alcatraz??

Professor Douglas Berman of the law school at Ohio State University entertains us with this lively idea from the Republican House leadership:

http://sentencing.typepad.com/sentencing_law_and_policy/2009/01/should-the-gitmo-prisoners-go-to-alcatraz.html

Not surprisingly, the President's order to close GITMO has everyone talking about where the prisoners now held there will be sent. This Denver Post article, for example, reports on buzz already surrounding the the possibility that the GITMO detainees might be sent to the federal supermax prison in Florence, Colorado.

I think there is a pretty good chance that at least some of the GITMO detainees will end up in a federal supermax prison. But I was joyfully gobsmacked when on NBC’s “Meet the Press” this morning House Minority Leader John Boehner suggested we send them to Alcatraz.
As revealed in this official website, right now Alcatraz Island is a national park. But as detailed in official and unofficial websites, the colorful and dynamic history of Alcatraz (not to mention its secure location) makes it perhaps the most fitting locale for the next chapter of the war on terror.

Thanks, Professor. And thanks to you, Rep. Boehner. That bit of hilarity made my afternoon. And on the Gitmo detainees: why not just unlock the gates and let Raul and Fidel deal with it?

Innocent on Death Row in Texas

From the Houston Chronicle via DPIC, (http://www.deathpenaltyinfo.org/editorials-room-doubt-about-upcoming-texas-excution), the following information about the threatened execution of an innocent man on Death Row in Texas:

The Houston Chronicle editorialized against the execution of Larry Swearingen, which had been scheduled for tomorrow, January 27. The Chronicle noted that the forensic scientist who testified about the time of death of the victim at Swearingen's trial now believes the death occurred later, a time at which Swearingen was in police custody on another matter. Five other physicians and forensic experts concurred that the murder occurred after the time that Swearingen was arrested on a traffic matter. Blood and hair samples from the victim also indicated the presence of another assailant. Dr. Glenn Larkin, a retired forensic pathologist who reviewed the case, told the Texas Monthly that “no rational and intellectually honest person can look at the evidence and conclude Larry Swearingen is guilty of this horrible crime.”
There have been 5 executions so far in 2009--100% have occurred in the south, and 60% in Texas. Three more executions are scheduled in January, all in Texas.
(Editorial, "Room for Doubt," Houston Chronicle, Jan. 22, 2009).

Two hours ago, the United States Court of Appeals for the Fifth Circuit granted a reprieve to allow Swearingen's lawyers to present this (and more) compelling evidence of his innocence. See http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/012609dntswreprieve.6af821f.html

Take action: write Governor Perry of Texas -- no matter where you're from -- and ask him to stop this execution permanently. It CAN work.

Here's the link to his contact info: http://governor.state.tx.us/contact/

Uncle Tom's Courtroom

Folo collects two stories about the new Assistant District Attorney in Lafayette County:

http://www.folo.us/2009/01/24/colorful-court-talk-in-oxford/

Tom Levidiotis was formerly the part-time Public Defender in that county. He was also formerly a staff attorney at the Mississippi Office of Post-Conviction Counsel (MOCPCC), toward the end of the years that Robert Ryan was Executive Director. Ryan's tenure marked some of the most shameful mis-representation of clients that has ever been seen in Mississippi death penalty jurisprudence.

Note: the JFP story I wrote about the execution of Earl Berry, and Ryan's woeful work, is at
http://www.jacksonfreepress.com/index.php/comments/the_execution_of_earl_wesley_berry/

The JFP's Ronni Mott did her own excellent reporting on the subject of MOCPCC:
http://www.jacksonfreepress.com/index.php/site/comments/dereliction_of_duty_070908/

But back to the land of Faulkner. Folo connects us to the Oxford Eagle's website (http://www.oxfordeagle.com/archives/2009/0109/011909-012309/012309/news1.html), where we experience this bit of courtroom drama:

The trial against the man accused of murdering University of Mississippi track star Rodney Lockhart has been postponed for an undetermined amount of time after the state announced it would be seeking additional charges against Christian Bonner during a pre-trial hearing Thursday.

Bonner was indicted for capital murder in December 2007 for allegedly shooting Lockhart in the head on Sept. 29, 2007, during a robbery.His trial has been postponed several times. The case was set for trial Monday, but Bonner’s attorney, Kevin Camp of Jackson, filed a motion asking for a continuance because he had other trials pending in Jackson.

* * * *

[Circuit Judge] Howorth said he would continue the case for a short period of time but was interrupted by Assistant District Attorney Tom Levidiotis who announced the state’s intent to supersede the indictment with new charges — which apparently took everyone by surprise. What the exact charges are or whether they were related to the state seeking the death penalty against Bonner were not being released by the District Attorney’s Office.

The state had announced last year it was not seeking the death penalty in the case, but Thursday Levidiotis hinted that could change and that decision would be up to the grand jury on Feb. 9 — not the state.“If the grand jury says that Mr. Bonner needs killin’ then by God, I will prosecute it that way,” he said in court.

Of course, as an experienced criminal lawyer should know, the grand jury does NOT decide whether the defendant in a capital case "needs killin." It is the prosecutor's prerogative to seek either death or life without parole when a grand jury indicts a defendant for capital murder.

One wonders whether this latter-day "Uncle Tom" had this much killer instinct when he was supposed to be defending capital murder defendants. Maybe that explains the poor performance of MOCPCC?

Too bad the original Uncle Tom didn't have this one's flexibility. He would have enlisted in the Confederate Army.

Sunday, January 25, 2009

The Next Financial Bubble?

The most recent issue of Forbes magazine includes an article entitled "The Great College Hoax." You can find it here:

http://www.forbes.com/forbes/2009/0202/060.html

When I first saw the title on the cover, I thought it would be yet another conservative screed against liberal arts institutions. It wasn't. Instead, the piece has a terrifying discussion of the effects of privatizing student loans. Author Kathy Kristof reports:

A decade ago nearly all student lending was of the low-cost, federally guaranteed variety, most of it with 6% to 8% interest kicking in only after a student left school. As costs outpaced such financing over the past decade, the share of student loans from "private" lenders rose from 7% to 23% of the market, or $20 billion in the 2007--08 academic year.

The rise of private student lending closely paralleled the subprime mortgage boom, which went from 8% of home loan originations in 2003 to 20% in 2006, before the housing meltdown sent that mortgage sector over a cliff. Private student loans resemble subprime mortgages in other ways, too. As banks and brokers did with subprime home loans, colleges and the lenders in cahoots with them commonly market private student loans alongside lower-cost alternatives, blurring the differences.

The key one is cost. Many private lenders tack 10% origination fees onto 18% variable interest rates (there is no legal limit), which begin accruing the moment a loan is funded. That has made private loans more than twice as profitable as government-guaranteed ones . . . .

New York Attorney General Andrew Cuomo has called private lending "the Wild West of the student loan industry." Some problems he notes smack of subprime mortgage lending: lax disclosure requirements, variable interest rates that compound and make paying off the principal a Sisyphean task, and kickback agreements by which lenders pay loan originators--in this case, colleges--a cut of their revenues.

State and federal authorities have taken action to curb the outright bribery. No less illustrious institutions of higher learning than Columbia University, New York University and the University of Pennsylvania paid $1 million-plus each to settle charges of wrongdoing in the student loan market.

Yet investigations still found "troubling, deceptive and often illegal practices . . . involving lenders, educational institutions and financial aid officials," according to Cuomo's office and the Congressional Committee on Education & Labor. Don't count on Washington to provide any more safeguards than it did with housing. Department of Education oversight of the student loan industry has been deemed insufficient by the Government Accountability Office.

Scary news indeed for students and their families. Look at this example cited by Kristof:

Mindy Babbitt entered Davenport University in her mid-20s to study accounting. Unable to cover the costs with her previous earnings as a cosmetologist, she took out a $35,000 student loan at 9% interest, figuring her postgraduate income would cover the cost.

Instead, the entry-level job her bachelor's degree got her barely covered living expenses. Babbitt deferred loan repayments and was then laid off for a time. Now 41 and living in Plainwell, Mich., she is earning $41,000 a year, or about $10,000 more than the average high school graduate makes.

But since she graduated, Babbitt's student loan balance has more than doubled, to $87,000, and she despairs she'll never pay it off.
"Unless I win the lottery or get a job paying a lot more, my student debts are going to follow me to the grave," she says.

In the 1950s, 60s, and 70s, Americans had a commitment to make college an affordable step for students with the ability and desire to make the grade. In the "deregulation" craze of the last quarter century, this became just another way to pad profits at the expense of hard-working men and women trying to make a better life for themselves. As one of Kristof's interviewees put it:

"You can get better interest rates, and better treatment, borrowing from Vito in downtown Brooklyn."

(My apologies to Italian loan sharks in the borough, who are unfairly compared with the college loan lenders in that quote.)

The Obama Administration has a lot on its plate. But making post-secondary education affordable again -- and preventing another lending crisis from erupting -- should be one of the first year goals for the White House and the Department of Education.

Friday, January 23, 2009

A Fine Man Steps Down From City Council

The Jackson Free Press is reporting that Leslie McLemore will not seek a third term on the City Council. Dr. McLemore has held the Ward Two seat since April 1999.

http://www.jacksonfreepress.com/index.php/site/comments/mclemore_not_seeking_reelection/

I have known Dr. McLemore since I moved to Jackson in 1982. He has a commanding intellect, a kind heart, a deep commitment to the City of Jackson, and the highest possible integrity. We don't often have persons of this caliber in municipal governments anywhere in the United States.

Congratulations to Dr. McLemore for a job well done!