Category Archives: legal news

‘Bestiality problem’ in Amarillo? Who knew?

Here’s a community problem no one wants to talk about in polite company. To be candid, this issue sickens me to the core.

Amarillo officials are looking at a way to make bestiality illegal.

What, you say? You mean it’s OK for a human being to have sex with an animal? According to a report on NewsChannel 10, bestiality is not an illegal act in Texas, which is one of about a dozen states with no such law on the books.

Yeah, I think the city ought to enact such an ordinance. In a hurry!

If only the punishment could be harsh.

The city apparently is hindered by statute. According to NewsChannel 10: “Animal Management & Welfare has been working to create a city ordinance that would make bestiality in city limits a Class C Misdemeanor. That’s the highest charge the department can give, and would mean a citation and fine for offenders.”

Jumpin’ jiminy, man! Citation and a fine? That’s it?

Although bestiality per se is not illegal in Texas, someone can be charged with “animal abuse” that covers apparently other acts of cruelty against animals. A man is being held in Potter County’s Detention Center on an animal abuse charge.

More from NewsChannel 10: “‘If someone does an act to an animal that is sexual in nature, and in the event the animal is hurt during the course of that act and they fail to render vet care to it is when the crime actually occurs that we can prosecute that individual,’ said Richard Havens, Director of Amarillo Animal Management & Welfare.”

Let’s try something else. How about petitioning our state legislative delegation to draft a bill that makes this hideous behavior illegal throughout the state? Oh, and let’s also make sure our City Council approves an ordinance that would punish an offender to the extent that it can.

Good ever-lovin’ grief. I feel dirty just writing about this.

Witnessing some good in a trial courtroom

Trial courts aren’t usually the place where one finds warmth and happiness.

But we found it today and we were glad to have witnessed it.

Some friends of ours — a young couple — adopted a little boy this morning in a Randall County Court-at-Law courtroom in Canyon, Texas. The judge issued the oath that instructed them to tell “nothing but the truth” in answering questions.

They did as the judge instructed. Then the judge declared that the little boy is now a member of this lovely young family, which includes a big brother.

Courtrooms so often are the scene of misery and pain. Criminal defendants stand trial for their lives. Some of them are delivered justice and sent away to prison, causing grief for their families. Those who are acquitted are cheered by such a result, but the victims of the deed they allegedly perpetrated are left to tend to their own ongoing misery.

Civil litigants cause — and receive — their share of pain as well. Only one side can “win” in such a case. The other side loses and, well, their anger continues to fester.

Adoption is another breed of creature. The parties who stand before the judge are there to make themselves whole. Indeed, this morning a young man — an adult — was formally adopted by another couple. His happiness, and theirs, was evident as they walked out of the courtroom.

So it was with our friends. The little boy now has a new last name. The judge came down from behind his bench for some picture-taking.

We all gravitated into the hall where the family posed for more pictures.

A deputy prosecutor with the Criminal District Attorney’s office walked by. He and I are acquainted. We shook hands. He asked, “What are you doing here?” I told him we were there to attend an adoption hearing.

“That’s the only good thing that comes out of these courtrooms,” he said with a smile.

It’s not the “only good thing,” but the proceeding we witnessed this morning certainly brightened our day.

‘Enemy of the people’ talk is way overblown

All the recent “enemy of the people” discussion prompted by the president of the United States has caused me to think about the career I pursued.

I worked in the mainstream media for 37 years. I got to pursue some great stories. I was able to see and do some fascinating things and meet some remarkable individuals.

I never considered myself an “enemy of the people.” Donald J. Trump has labeled the media as such, while proclaiming he doesn’t think the media are his personal enemies.

When the president of the United States impugns the integrity of the individuals who are doing what I used to do, well, I take it personally.

Did I make everyone happy while pursuing my job? Not in the least. I angered some public officials, made them squirm. For instance:

* I once wrote an investigative piece about a trial judge in Oregon City, Ore., who had developed a reputation as a jurist who lacked the temperament to do the job properly. I interviewed fellow judges, prosecutors, defense counsel and, of course, the judge himself. We published the story.

Then the judge died. My editor then assigned me to write his obituary. Who did I call to collect information about the judge? His wife. We had a nice visit and she told me she didn’t harbor ill feelings — let alone hatred — for me.

* I moved later to Beaumont, Texas, and then got another judge quite riled at me when I noticed something in a news story we had published one day. It spoke of the district judge getting a permit to operate a private business on the ground floor of the county courthouse where he worked as a state employee.

Big deal, you say? Well, yes. You see, he used facsimile state letterhead stationery to communicate with the county auditor, who had to approve the bids; the auditor — who reported to a panel of district judges, including the judge who was bidding for the permit — then granted the judge the permit.

I wrote some editorials calling this activity into question. The judge took great offense at it and, from what I heard, wanted to sue the newspaper and yours truly for libel.

* I moved to Amarillo after that and promptly got sideways with a former city commissioner who was appointed to the board of a public district that oversaw the then-publicly owned hospital. The problem, though, was that he was employed by a competing for-profit hospital, which seemed a tad inappropriate; he shouldn’t have served on a public hospital district board while working for a competitor. I wrote an editorial calling attention to that conflict of interest — and incurred the wrath of the former city commissioner.

I was doing my job as I understood it in all those cases. I never thought of myself as a purveyor of “fake news” or someone who “had an agenda” that differed from the public I sought to serve.

When the president assumes such things about the media and then challenges them in such a direct manner, a lot of us with ties to this particular craft take it all quite personally.

I am one of them.

I might have angered my share of officials along the way. As for “the people,” well, they cannot live without a free and aggressive press … no matter how mad the president says they might be in the moment.

Recuse yourself, Mr. Attorney General

U.S. Attorney General Jeff Sessions should have no business — none! — taking part in any investigation of a growing crisis regarding Michael Flynn, the Russians and whatever else might emerge.

Sessions needs to hand this probe over to an independent investigator, wash his hands of it and let the hounds loose on their hunt for the truth. They need to find out the whole truth about who knew what, when and how much regarding the former national security adviser’s contacts with the Russians. They need to get to the bottom of whether Flynn was acting as a lone wolf or whether he was doing the bidding of someone higher up on the chain of command.

Why must the AG recuse himself? Well, Sessions is biased in favor of Donald J. Trump and his administration.

He was the first U.S. senator to endorse Trump’s candidacy for president.

Sessions gave a glowing nominating speech on Trump’s behalf at the Republican National Convention.

The senator served as an adviser to Trump throughout his winning campaign.

He and Trump are friends, allies and have essentially been joined at the proverbial hip for years.

Sessions needs to surrender this probe to an independent investigator. Congress needs to have a hand in it, but only to accept or reject the investigator’s findings.

As for Sessions. Stay away, Mr. Attorney General.

Jury duty won’t happen … more than likely

I don’t have a lengthy bucket list.

My final bucket-list destination is Australia. Haven’t been there, but my wife and I intend to make the journey — possibly sooner rather than later.

The to-do bucket list used to include things such as jumping out an airplane or bungee jumping off the Royal Gorge Bridge in Colorado. They’re off the list now.

I do, though, want to serve on a trial jury. Sadly, I believe that bucket list desire also is fading away. You likely won’t see my backside planted in a seat such as one of those pictured with this blog post.

We returned this weekend from a trip to South Texas and I had a jury summons from Randall County, Texas, waiting for me. I was to report this morning, except that when I called Tuesday night the recorded voice told me they didn’t need any jurors and that we were excused until we got summoned the next time.

Drat!

This has been the story of my jury-duty life for decades now. I get the summons and then am told to forget about it. Once, not long after we moved to Amarillo in 1995, I did get a summons and was told to report. I did. We sat around for most of the morning and then the judge came out and told us the cases had all been settled. He thanked us for our time and then we left.

I might have cooked my own bucket-list goose, though, by accepting an appointment more than a decade ago to serve on a Randall County grand jury. These are the folks who are appointed by a state district judge and then told to report one day each week for three months. That’s where we heard criminal complaints and decided whether to indict or “no-bill” a suspect in a criminal case.

It was one of the most fascinating public service duties imaginable. I learned a great deal about my community. The most glaring thing I learned is that Randall County is chock full of people who do terrible things to other people, namely children. Many of the complaints we heard — and the detail supplied by assistant district attorneys — sickened us to our core.

However, I remember quite vividly something that District Attorney James Farren told us after we had taken the oath to serve. It was that if we had any thought of ever getting picked for a trial jury that we’d might as well forget it. No criminal defense counsel would allow us to serve on a trial jury knowing that we had served on a grand jury. Such service, I was led to believe, marked us as “biased” against a defendant.

Heck, knowing that I’d settle just for making the first cut and then getting struck during juror selection.

Alas, it’s possible that won’t happen, either.

I am not seeking the big bucks. Texas doesn’t pay its trial jurors a lot of money; for that matter, we didn’t get paid much for our service on the grand jury, either.

Whatever the case, I’ll keep answering the summonses when they arrive. My hope, while fading, isn’t yet dead.

 

Trump team continues to ‘unify’ Congress

Donald Trump’s effort to “unify” Congress is continuing to produce a bumper harvest.

For instance, the U.S. House Oversight Committee chairman, Republican Jason Chaffetz of Utah, has called for an investigation into senior White House adviser Kellyanne Conway’s apparent shilling for Ivanka Trump’s line of clothing. Ranking Democratic committee member Elijah Cummings of Maryland joined Chaffetz in seeking to know whether Conway violated federal ethics laws.

The lawmakers sent a letter to the head of the Office of Government Ethics, Walter Shaub, Jr., suggesting that Conway’s appearance on “Fox and Friends” could have crossed the line that bans federal officials from promoting private business endeavors.

Chaffetz and Cummings have recommended punishment for Conway.

Trump, quite naturally, is standing by Conway, who has told the media that the president is “100 percent behind me.”

Ethics just keep getting in the way.

The president’s myriad business interests — along with those of his grown children — are likely to continue dogging the administration until all of the Trumps decide to divest themselves of all that lucrative activity.

Meanwhile, I will give the president a left-handed compliment. He vowed to “unify” the country. He is keeping that pledge by unifying some of our elected representatives — although clearly not in ways he envisioned.

Texas AG deserves to stand trial at home

My jaw dropped. My mouth is gaping. I cannot believe what I have just read.

Prosecutors seeking to convict Texas Attorney General Ken Paxton, who is set to stand trial for an alleged securities fraud matter, have asked for a change of venue because they say they cannot get a fair trial in Collin County, a suburban region just north of Dallas.

Why the jaw-drop?

Well, Paxton represented Collin County in the Texas Legislature before he was elected AG in 2014. That’s what made his indictment by a Collin County grand jury all the more remarkable, the way I saw it. This wasn’t a group of liberal activists seeking revenge against a conservative statewide politician. The grand jury was a panel of Paxton’s peers.

Prosecutors need not seek a change of venue, given that a Collin County grand jury brought the charges against Paxton in the first place.

The grand jury indicted Paxton on allegations that he misled investors in a company; the alleged crime occurred before he became attorney general.

I don’t know about you, but I find this allegation of bias against them to be soaked in irony.

As the Texas Tribune reported: “Ken Paxton, like all Texans, has the right to be tried in the County he was charged in,” Paxton lawyer Dan Cogdell said in a statement. “The Special Prosecutors have filed a 60-page pleading trying to thwart that right. That these prosecutors are somehow painting themselves as ‘victims’ of some nonexistent conspiracy is extremely telling.”

I believe the trial court will be able to seat a jury that can determine this case fairly and without bias. Just look at what the grand jury did to bring this case to trial.

The case is set to go to trial on May 1. Let it take place in Collin County.

Mammoth court fight awaits Trump

Here is where we stand regarding that ill-considered ban on refugees.

It appears headed for the U.S. Supreme Court, thanks to a unanimous ruling this afternoon by the 9th U.S. Circuit Court of Appeals, which upheld a lower court’s suspension of Donald Trump’s executive order banning refugees from seven Muslim-majority countries from entering the United States.

Clear as mud, yes?

The 9th Court ruled 3-0 to uphold the suspension ordered by U.S. District Judge James Robart, whom Trump called a “so-called judge” in criticizing his decision.

What about the politics of the court? Judge Robart is a George W. Bush appointee; the three appellate court judges were picked by Presidents Carter, Bush 43 and Obama. It looks like a bipartisan rejection to me.

Now the highest court stands ready to ponder this controversial executive order. It has a vacancy, meaning that eight justices are on the job. Four conservatives and four liberals. What happens if the Supremes issue a tie vote? The 9th Court ruling stands. Trump’s executive order is negated.

The 9th Court ruling takes aim at the provision in the order that bars people with visas from re-entering the United States, which the judges ruled is unconstitutional.

According to The Associated Press: “The appeals panel said the government presented no evidence to explain the urgent need for the executive order to take effect immediately. The judges noted compelling public interests on both sides.

“‘On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.'”

Trump, of course, responded with a tweet. “SEE YOU IN COURT,” the president said via Twitter.

Washington Gov. Jay Inslee, a Democrat, whose state has sued the president over his executive order, responded: “Mr. President, we just saw you in court, and we beat you.”

The fight has just begun.

9/11 mastermind tells the Mother of all Lies

Khalid Sheik Mohammed blames the United States of America for the terrorist attacks that killed roughly 3,000 innocent victims on Sept. 11, 2001.

Imagine that.

The 9/11 mastermind says it’s our fault.

We are to blame because 19 madmen boarded jetliners and flew them into the Twin Towers and the Pentagon — and struggled with passengers before crashing a third plane into a Pennsylvania field.

Mohammed wrote this fantasy in a length letter to President Barack Obama.

According to the Miami Herald: “‘I will be happy to be alone in my cell to worship Allah the rest of my life and repent to Him all my sins and misdeeds,’ he says in the letter that he wrote at the U.S. Navy base in Guantanamo Bay, Cuba.

“‘And if your court sentences me to death, I will be even happier to meet Allah and the prophets and see my best friends whom you killed unjustly all around the world and to see sheik Osama bin Laden.'”

They’ll both rot in hell.

He said in his letter that U.S. “tyrants” have brought death to the Middle East. The letter had been hidden from the public until just this week.

In truth, Mohammed’s case is another one of those that tests my opposition to capital punishment.

This guy isn’t a U.S. citizen. He’ll go on trial — eventually! — for the plot he concocted and the terrible act of war he committed against this country.

I’d be willing to bet my last dollar that he’ll get a one-way ticket to the death chamber whenever a jury gets around to convicting him.

Yes, I still oppose capital punishment — even for monsters such as this one. When Mohammed checks out of this world, though, I won’t shed a tear.

If only our nation’s judicial system would get busy and dispose of this heinous killer.

Gorsuch stands up for his judicial peers

I am beginning to think more highly of Neil Gorsuch.

The man whom Donald J. Trump has nominated for a seat on the U.S. Supreme Court has put the president on notice, saying that Trump’s tweets about the federal judiciary are “disheartening” and “demoralizing.”

It’s tempting — for me at least — to wonder if Trump is going to withdraw Gorsuch’s nomination because he had the gall (and the integrity) to speak in favor of his federal judicial peers.

Of course Gorsuch is correct. The president’s petulance performance via Twitter has been beyond the pale and below the high standards of respect the presidency should demand.

Trump clearly demands that others respect the office. I submit that he should respect it, too. Perhaps he should respect it more, given that his behavior — or misbehavior — reflects directly on the office to which he was elected.

Trump’s tweets have been in response to a federal judge’s decision to strike down the president’s temporary refugee ban. The president has chosen to demonstrate his anger through this social medium — acting like, oh, a teenager who’s just been told his car isn’t as cool as the other guy’s.

Now a judicial gentleman has taken the president to task.

Good for you, Judge Gorsuch.