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Saturday, August 30, 2014

Kerrville - Hotbed of Sexual Predators and Meth Dealing Moms; Drug dealers are vampires

Kerrville Daily Times Headlines for  Week
Visitors thinking of moving to our pretty little town on the river might decide to drive on through if they see the typical front page headlines KDT runs. Today, the Saturday before Labor Day, the lead story is Meth-dealing mom gets 20 years in prison, charges pending against others nabbed in connection to Ingram meth raid. Of course the headline is accompanied with the mug shot of the meth ravaged mom.

Friday's top story featured the mug shot of a serial rapist, with this headline: Man gets 50 years in prison for sexual assaults, police use reports of random lewd conduct to track down suspect. Readers are informed - on the front page - he forced his way into the homes of two women in their 20's, "forced his penis in the mouth of one and touched the genitals of another." In another case, he "exposed his penis to a woman who'd been out walking."

The owners and publishers like to call their publication a wholesome "family newspaper." If I still had young children or grandchildren I would hide it from them.

I know we have serious crime here, and it's a legitimate news story. But I don't understand why KDT doesn't do what papers in other small cities do, which is have a police/courts section inside the paper. I guess they done marketing studies and are just giving the readers what they want.

Drug Dealers as Vampires
I found an old 5t Circuit case where the judges got a little carried away in denouncing drug dealers:
In an en banc decision, the Fifth Circuit had rejected an earlier appeal claiming that his life sentence was unconstitutionally cruel and unusual. Terrebone v. Blackburn, 646 F.2d 997 (5th Cir. 1981).
"Except in rare cases, the murder’s red hand falls on one victim only, however grim the blow; but the foul hand of the drug dealer blights life after life and, like the vampire of fable, creates others in its owner’s own image– others who create others still, across our land and down our generations, sparing not even the unborn.”

Jesus on a Tortilla
Meanwhile, the San Antonio Express reports that Jesus has made an appearance on the back of a moth. Moth with Jesus-like image spotted in Central Texas
Why is it that every time someone sees what appears to be an image of a man with long hair and a beard they claim it's Jesus? How do they know it's not the bass player for the Allman Brothers Band or Charles Manson?

Not all cops are heroes
This is the late Julian Pesina, a Balcones Heights police officer, who was shot in front of his tattoo parlor. He allegedly was involved with the Mexican Mafia. At least he appears to have loved his dog.

Tuesday, August 26, 2014

Gus Schreiner Indicted; Gentle Giant in the Ground

Gus Schreiner indicted on multiple felony counts
KDT headline today: Great-grandson of famous rancher Schreiner accused of theft, money laundering

"The 56-year-old grandson of Texas Ranger Capt. Charles A. Schreiner is facing several felonies for reportedly stealing more than $200,000 from three businesses and two people and laundering the money.
Gustav Schreiner, one of the owners of the historic Y.O. Ranch near Mountain Home, turned himself in Friday at the Kerr County jail after his indictment this month by a grand jury. Schreiner was charged with two counts of second-degree felony theft and two counts of third-degree felony money laundering. In regards to at least three of the counts, Schreiner has claimed he was innocent and the victim of an email scam."
I don't know Gus Schreiner, and on first impression his explanation sounds pretty lame. However, some of these Nigerian  type email scams manage to trick some pretty otherwise intelligent, educated people. Maybe he was under a lot of stress, or for some reason not thinking clearly when he got caught up in it. I think it's sad for the scion of one of the pioneer families to fall so far. One of his brothers died in a one vehicle wreck a few weeks ago, after having some criminal legal issues of his own. 

"Gentle Giant" Michael Brown Buried - Thank God!
I'm glad they got him in the ground so we can move on from the circus in Ferguson, MO. If the gentle giant treated the police officer like he had just treated the clerk in the store that he robbed, he shouldn't have been surprised when he got shot.

Wednesday, August 20, 2014

Wife Beating Federal Judge, Texas Lawyer Hires Hitman, Michael Brown the not so Gentle Giant

Federal Judge Accused Of Beating His Wife Allegedly Has Sleazy History With Women
From Abovethelaw.com 
As to the night of Judge Fuller’s (U.S. District Judge in Alabama) most recent alleged domestic violence incident, the Associated Press was able to obtain audio from the 911 call made by his wife. Here’s a partial transcript from the call:

“He’s beating on me. Please help me,” the woman tells the 911 dispatcher before saying that she needed paramedics. …
About a minute into the call, as the initial dispatcher patches an ambulance dispatcher into the call, the woman identified as Kelli Fuller, 41, can be heard saying ‘I hate you, I hate you.” A male voice responds: “I hate you too” followed by dull noises in the background.
The woman’s voice can be heard loudly repeating: “Help me, please. Please help me. He’s beating on me.”
The initial dispatcher tells the ambulance dispatcher: “She says that she’s in a domestic fight and I can hear him hitting her now.”
This is absolutely disgusting behavior for a federal judge, if the allegations turn out to be true. Not surprisingly, the Eleventh Circuit has stepped in to reassign all of his pending cases while he deals with his new criminal charges. Here’s an announcement that was posted on the appellate court’s website:

Effective immediately, all legal matters filed with the United States District Court for the Middle District of Alabama that are pending before Judge Fuller will be reassigned to other judges in accordance with standard procedures for the assignment of cases. No new legal matters will be assigned to Judge Fuller until further notice.

Officials: Texas Attorney wanted witness in case against him dead
SAN ANTONIO — A local attorney was arrested Wednesday for allegedly planning to have a key witness in a case against him killed, according to the Bexar County District Attorney's Office.
Paul Andrews, 57, who practices in Corpus Christi and also has an office in San Antonio, was arrested for criminal solicitation of capital murder.

In May, Andrews and another attorney, Keith Gould, 52, were indicted in Bexar County on charges of felony barratry for allegedly pressuring or paying employees in their San Antonio office to illegally solicit cases.

Missouri cop was badly beaten before shooting Michael Brown, says source
The racebaiters' narrative about the 'gentle giant' unarmed black teenager brutally gunned down in cold blood by a racist white (oh - that's redundant - all white cops are racist!) is falling apart.
Sources are reporting that "Darren Wilson, the Ferguson, Mo., police officer whose fatal shooting of Michael Brown touched off more than a week of demonstrations, suffered severe facial injuries, including an orbital (eye socket) fracture, and was nearly beaten unconscious by Brown moments before firing his gun, a source close to the department's top brass told FoxNews.com.

“The Assistant (Police) Chief took him to the hospital, his face all swollen on one side,” said the insider. “He was beaten very severely.”

I have written before on this blog about black thugs playing the 'knockout game,' and the book 'White Girl Bleed a Lot.' What thugs like Michael Brown and Trayvon Martin don't understand is that they don't get a pass for being black so they can bully, intimidate and assault white people with impunity. Sometimes whitey shoots back. Especially police officers who are getting pummeled by a 6'4 290 pound thug.

I know my comments are not politically correct, and I don't give a damn. This country is going to hell because the idiot in the White House thinks that America is guilty of slavery, racism, imperialism, and Islamophobia. Oh yeah, let's not forget opening the borders so the Mexicans can take back what they lost in 1845. Meanwhile, Iraq and Syria are being taken over by fascists who enslave women and girls and torture and murder Christians and other religious minorities and cut off the heads of journalists.

At some point, the majority may decide they've had enough of the abuse. It happened in 1776. As Thomas Jefferson: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

Friday, August 15, 2014

Political Indictment of Rick Perry

A Travis County grand jury (in the Peoples Republic of Austin) indicted Gov. Rick Perry for abuse of official capacity (Penal Code 39.03) and coercion of public servant (P/C 36.03). This is a blatant hit job by the same thugs in Austin who got Kay Bailey Hutchinson and Tom Delay indicted. With Sen. Hutchinson, it blew up in Ronnie Earle's face when she hired Dick DeGuerin and he demanded a speedy trial. Earle dismissed the case when the judge told him to call his first witness. They managed to convict Delay, but the Court of Appeals threw that one out. I predict the case against Perry will also collapse, but the cabal in Austin doesn't care - they are trying to have a preemptive coup d'etat, to derail Perry's presidential campaign before it is even announced.
Here's the DA behind this, in her jail uniform, pointing her finger, like a pistol, at a cop.

So what is Perry's crime? From the Texas Observer:
"The charges come as a result of a long-running power struggle involving Travis County District Attorney Rosemary Lehmberg. Lehmberg, a Democrat, ran the Public Integrity Unit, which investigates public corruption and is a thorn in the side of some state elected officials. In April 2013, Lehmberg caught a DUI, and Perry’s office tried to muscle her out. It looked improper, especially because Lehmberg was in the middle of an investigation into the state’s crooked cancer research institute."

The Travis County DA is a drunk who showed her ass big time when she got busted for DWI, but she's still in office. And if you want to talk about real abuse of power, how about Obama's stated intent to do whatever he wants, to hell with Congress and the separation of powers and Constitution, abuse of the IRS, lies about Benghazi, illegally opening the borders, etc.

I was just as disgusted with the Republicans when they got Bill Clinton indicted over a blow job and some lies.

When my more conservative friends and acquaintances ask me why I defend people that I know are guilty of crimes, I'm going to point to the Rick Perry case. It's because, aside from the fact that not every person charged with a crime is guilty, it is criminal defense lawyers who keep the cops and prosecutors at least semi-honest. 

Wednesday, August 13, 2014

More thoughts on habitual offenders; St. Mary's Law student getting some real world experience - as murder defendant! Federal Judge Busted for Wife Beating

More thoughts on repeat and habitual offenders

The local paper today ran an article about one Samuel 'Mustard' Stewart, Jr., who was recently arrested for the 46th time in Kerrville. His record range from petty misdemeanors like minor thefts and lewd conduct (lewd behavior/indecency) to burglary of a habitation. He has multiple state jail felony convictions, and has been to prison. Here is my question - what in the hell is the 'three strikes' law suppose to be used for? If not a criminal like Mr. Mustard, then who?

Depending on the prior offenses, a habitual state jail offender can get sentenced between 25-99 years in prison, or at least for a second degree felony (2-20 yrs). In 2009 Mustard got probation for burglary of a habitation - a second degree felony. Of course he violated the probation terms. The consequence - two years prison sentence.  He was sentenced on Oct. 9, 2009 and paroled out less than two months later!

So here we have a 6'2'' 225 pound dick wagger (as Rust Cohle called them in True Detective) who breaks into people's homes, arrested 45+ times, and let free again and again to prey on the people of Kerr County.

St. Mary's Law student arrested for double murder and arson

Here's a story about a future lawyer off to a great start: St. Mary's law student arrested on Louisiana murder charges
The S.A. Express reports:
'A St. Mary's University law student will be getting his day in court. University police arrested Matthew Edward Alexander, 29, on Tuesday night on warrants out of Monroe, Louisiana for two counts of murder and two counts of arson.

'Alexander, who was about to start his second year of law school, was arrested at the Center for Legal and Social Justice, where he had just left a class, said Andrew Festa, university spokesman.'

This is not his first run in with the law. 'Alexander's criminal history includes marijuana possession charges in Bee County and in San Marcos, and an evading arrest charge in San Marcos, all between 2003 and 2006, records show.'

This makes me wonder what kind of admissions program St. Mary's law school is running.

Federal Judge Busted for Wife Beating

Here's a story from Abovethelaw.com about a naughty federal judge, thankfully not one in Texas:
Federal Judge Allegedly Has Affair With Law Clerk, Goes To Jail Over Domestic Violence Incident
'Judge Mark Fuller of the Middle District of Alabama spent a night in jail after he allegedly had a violent altercation with his wife, Kelli Fuller. The Fullers were staying at the Ritz-Carlton in Atlanta, Georgia, when all hell broke loose — as tends to happen when accusations of marital infidelities are mixed with alcohol.'

Tuesday, August 12, 2014

Kerrville ex-con busted for 46th time; where is the three strikes act? Drug dealers as vampires.

Tuesday's Kerrville Daily Times front page has a headline, Local man faces felony for stealing cough syrup. Samuel "Mustard" Stewart, Jr.

Mr. Mustard stole a bottle of cough syrup from Gibson's Discount Store. He got out of jail a day or two later, then got busted for stealing beer and energy drinks from Walmart. This was Kerr County arrest # 46. The Kerr Co. public records website shows that at least 13 of those were felonies, including burglary of a habitation, a second degree felony (penalty range 2-20 yrs).

Further, Texas has its own version of the three strikes law. Three strikes laws are intended to incarcerate repeat offenders for long periods of time. The idea is that felons get three strikes, just like in baseball. On the third strike — or third convicted felony — the prison sentence for the crime becomes severe. In Texas this means 25 years to life in jail.

So, it's fair to ask, why has the legal system been so easy on Mr. Mustard? Why was he still loose on the streets of Kerrville? Is it too busy locking up first time offenders on petty drug offenses, which keeps the machinery running, and the money coming in from probation fees, fines court costs and so on?

Some thoughts on drug offenses and harsh punishments

From an old 5th Circuit opinion calling drug dealers vampires:
In an old opinion the Fifth Circuit had rejected an appeal claiming that his life sentence was unconstitutionally cruel and unusual. Terrebone v. Blackburn, 646 F.2d 997 (5th Cir. 1981).
Except in rare cases, the murder’s red hand falls on one victim only, however grim the blow; but the foul hand of the drug dealer blights life after life and, like the vampire of fable, creates others in its owner’s own image– others who create others still, across our land and down our generations, sparing not even the unborn.”

Even if the underlying alleged facts trigger a mandatory minimum, the prosecutor still has the discretion not to charge the mandatory minimum, particularly in light of Attorney General Holder’s August 2013 “Mandatory Minimum Memo.”
1. The defendant’s conduct did not involve violence, firearms, serious bodily injury, or trafficking drugs to or with minors;
2. The defendant is not an organizer or leader of others in a criminal organization;
3. The defendant does not have significant ties to significant drug trafficking organizations, gangs, or cartels; and
4. The defendant does not have a significant criminal history (typically three or more criminal history points).
The new policy also provides similar criteria regarding when the recidivist enhancement should be charged.

For defendants with only one criminal history point, then safety valve is an option. Safety valve reduces the offense level by two levels and allows the court to impose a sentence below the mandatory minimum. U.S.S.G. § 2D1.1(b)(16). To qualify for safety valve, the defendant must meet the following
1. No more than one criminal history point; 2. No violence, firearms, or other dangerous
weapons used in connection with the offense; 3. No resulting death or serious bodily injury; 4. Not organizer, leader, manager, or supervisor
of others; and 5. Provides truthful information to the
Government at or prior to sentencing regarding the offense.

can file an 18 U.S.C. § 3553(e) motion based on “a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense.” This motion grants the court the authority to impose a sentence below the statutory minimum, and it must be filed in addition to a motion pursuant to U.S.S.G. § 5K1.1 for a below-guideline sentence.
If the Government chooses not to file a § 3553(e) motion prior to sentencing, it can also file a motion under Federal Rule of Criminal Procedure 35(b) after sentencing based on the defendant’s substantial assistance. A court may sentence below the mandatory minimum when acting pursuant to a Rule 35(b) motion.

U.S. Sentencing Commission Promulgated Amendment to Decrease the Drug Offense Level by Two Levels
Absent congressional action rejecting the amendment, it will take effect on November 1, 2014.

In March 2014, Holder instructed prosecutors not to oppose variance requests in light of the proposed amendment.51 Many courts have been granting a two- level downward variance in light of the amendment.52

Sunday, August 10, 2014

Kerrville - Hotbed of Crime and Drugs? True Detective and Miranda

From reading the local paper, a visitor might get the idea that Kerrville is not Mayberry USA. More like Ciudad Juarez or Chicago. Here are a few front page headlines from the last few days:

Mentally ill meth user gets prison
Two face meth dealing charges
Man gets prison time for local bakery robbery
Review of convicted child killer’s release date continues  (about Kerrville's own Genene Jones)
Crime: 40th arrest follows assault on mother
Police investigate attempted kidnapping
Man jailed on multiple felony charges
Residents lose thousands in award, vehicle selling scams
Coach handbags among items stolen from vehicles Gunshots lead to arrests of suspected illegal immigrants

True Detective and Getting Confessions

I loved the recent miniseries True Detective, starring Matthew McConaughey and Woody Harrelson as two state police detectives after a serial killer in South Louisiana. The MConaughey character, Rust Spencer, is, to use understatement, unconventional in his philosophy and tactics. Some of the most powerful scenes are when he gets some suspect to confess to him like he is a sympathetic priest. For example, see this clip on youtube

I usually can't watch lawyer shows, but I love cop dramas and novels - Spencer, Jesse Stone, Fargo, and many of the British shows. They usually have a pattern - a murder, the sleuth investigating and following leads and interviewing suspects and witnesses, and finally the showdown where the killer confesses.

A real mystery to me is why anyone would voluntarily go to the police station and talk to the police, if there was the slightest possibility they would be a suspect. Cops will tell suspects they need to give their side to the story and "clear things up." They will ask the suspect to take a polygraph. I can't count the number of cases I've had where the police used the polygraph to intimidate and pressure a suspect to keep talking, all the while the tape recorder is running.

In Miranda v. Arizona, 384 U.S. 436 (1966), where the term Miranda warning comes from, Chief Justice Warren Burger described some of the tactics that officers use:

The Court began by stressing that the “modern practice of in-custody interrogation is psychologically rather than physically oriented,” and that “blood of the accused is not the only hallmark of an unconstitutional inquisition.” The Court went on to summarize the numerous techniques that are considered the most effective psychological stratagems typically employed during interrogations:
The interrogation takes place in the investigator's office so that the subject is deprived of every psychological advantage. In his own home he may be confident, indignant, or recalcitrant. He is more keenly aware of his rights and more reluctant to tell of his indiscretions of criminal behavior within the walls of his home. Moreover his family and other friends are nearby, their presence lending moral support. In his office, the investigator possesses all the advantages. The atmosphere suggests the invincibility of the forces of the law;
The police display an air of confidence in the suspect's guilt and from outward appearance to maintain only an interest in confirming certain details;
The guilt of the subject is to be posited as a fact;
The interrogator should direct his comments toward the reasons why the subject committed the act, rather than court failure by asking the subject whether he did it;
The officers are instructed to minimize the moral seriousness of the offense, to cast blame on the victim or on society;
Explanations to the contrary or protestations of innocence are dismissed and discouraged;
Where emotional appeals and tricks are employed to no avail, the interrogator must rely on an oppressive atmosphere of dogged persistence. He must interrogate steadily and without relent, leaving the subject no prospect of surcease. He must dominate his subject and overwhelm him with his inexorable will to obtain the truth. He should interrogate for a spell of several hours pausing only for the subject's necessities in acknowledgment of the need to avoid a charge of duress that can be technically substantiated. In a serious case, the interrogation may continue for days, with the required intervals for food and sleep, but with no respite from the atmosphere of domination;
The examiner is to concede him the right to remain silent to invoke an undermining effect. First, the suspect is disappointed in his expectation of an unfavorable reaction on the part of the interrogator. Secondly, a concession of this right to remain silent impresses the subject with the apparent fairness of his interrogator. After this psychological conditioning, however, the officer is told to point out the incriminating significance of the suspect's refusal to talk;
If the request is for an attorney, the interrogator may suggest that the subject save himself or his family the expense of any such professional service, particularly if he is innocent of the offense under investigation. The interrogator may also add, ‘I'm only looking for the truth, and if you're telling the truth, that's it. You can handle this by yourself.’

Michael Morton talked numerous times to cops investigating his wife's brutal murder. He was 100% innocent but that didn't keep him from spending 25 years in prison. The lesson is, unless you have a bullet proof alibi, if you have any inkling that you are a suspect, get a lawyer!

Tuesday, August 5, 2014

Weird Legal News

An OJ in the making: Aggies’ all-time leading rusher, Darren Lewis, headed to prison

COLLEGE STATION – Former Texas A&M standout running back Darren Lewis is going to prison after pleading guilty to multiple armed robberies, according to the Dallas Morning News. Lewis, 45, is the Aggies’ all-time leading rusher with 5,012 yards, and he led the squad in rushing for three straight seasons from 1988-90. According to the article, “The former footballer (has) lost everything to cocaine – his pro career, his house, his marriage …”

One of the Law's Absurdities
Inadmissible evidence must be considered when addressing a challenge to the sufficiency of the evidence. Under Art. 38.072, by both the terms of the statute and by the legislative history, outcry testimony admitted in compliance with Art. 38.072 is admitted as an exception to the hearsay rule, meaning it is considered substantive evidence, admissible for the truth of the matter asserted in the testimony. The critical consideration here is that the outcry testimony was proffered and admitted as substantive evidence under a statutory exception to the hearsay rule, and even though improperly admitted, the testimony must be considered as having probative value in determining the sufficiency of the evidence. Chambers v. State, 711 S.W.2d 240 (Tex.Cr.App.1986), (inadmissible hearsay admitted without objection is the same as all other evidence in the sufficiency context, namely, it is capable of sustaining a verdict.); Fernandez v. State, 805 S.W.2d 451 (Tex.Cr.App.1991).

Rodriguez v. State, 819 S.W.2d 871 (Tex.Crim.App. 1991) Court of Criminal Appeals of TexasDecember 4, 1991819 S.W.2d 871

Mexican Mafia Infiltration of Balcones Heights PD?
The S.A. Express reports that many officers on the Balcones Heights P.D. suspected one of their own was associated with the Mexican Mafia. Maybe it was his gang tattoos that he got at a parlor he co-owned.

'Long before Balcones Heights Police Officer Julian Pesina was killed in what appeared to be a gang-style hit, multiple colleagues had raised concerns with then-Chief Henry Dominguez that he had possible ties to the Texas Mexican Mafia, according to a report by city officials.'

'Pesina was shot to death outside a San Antonio tattoo parlor that he co-owned. Experts have noted that some of Pesina's tattoos displayed on his Facebook page — the large majority of which he got after joining the Police Department — were strongly indicative of gang involvement.'

Gang Member Wanted for Murder Killed in Border Shootout with Texas Police

LA JOYA, Texas—Citizens ran for cover as authorities and a presumed member of the Texas Syndicate prison gang got into a brutal firefight less than a mile from the border with Mexico.

Bursts of what sounded like automatic fire were heard on and off as police officers and sheriff’s deputies tried to arrest 29-year-old Joaquin Cibrian, a member of the fearsome prison gang who barricaded himself in a house in a densely populated area of this South Texas community. Authorities wanted Cibrian on suspicion of capital murder.

Three police helicopters circled overhead as more than 100 police officers from various agencies, sheriff’s deputies, and state troopers remained at the scene while tactical teams worked to apprehend the lone gunman.

Possibly 30 Years for Canadian Narco with ties to Sinaloa Cartel and the Mafia
Canadian Drug Kingpin , Jimmy Cournoyer, with Ties to the Rizutto and Bonanno Crime Families, the Hells Angels and the Mexican Sinaloa Cartel Plead Guilty in 2013 to Narcotics Trafficking Crimes Carrying Sentence of 20 Years to Life and $1 Billion in Forfeiture.
Jimmy's $1.2MM Bugati

Texas Pee Wee Football Coach Accused of Running Mexican Cartel Drug Ring

MCALLEN, Texas–The drug trafficking trial of a pee wee football coach, who is accused of helping lead a drug empire that even had police protection, provided great insight into how drugs are smuggled into the U.S. and about the world of those who involved. Witness testimony in the trial of Omar FIdencio Rojas shows that the world of drug smuggling in South Texas includes witch doctors, spiritual advisers, horse races and Mexican drug cartels.

Rojas is facing a possible life sentenced for his role as the right hand man of Weslaco drug boss Tomas “El Gallo” Gonzalez, a Mexican Narco who ran ton quantities of marijuana and cocaine from South Texas to Tennessee, Arkansas, North Carolina and other states throughout the nation.  Gonzalez is also the same Mexican drug lord who led to the downfall of former Hidalgo County Sheriff, his chief of staff and one of his top commanders.

WIDLANSKI: When lawyers are at war with common sense in wartime-Leveling the battlefield to aid terrorists enables evil to fight on

Read more: http://www.washingtontimes.com/news/2014/jul/24/widlanski-when-lawyers-war-with-common-sense/#ixzz38dCuWlPu
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