Wednesday Writs: Joseph DeAngelo Gets What He Deserves Edition
L1: Forty-seven years after his reign of terror began, Joseph DeAngelo, aka The East Area Rapist, Visalia Ransacker, Original NightStalker, or Golden State Killer, has finally been sentenced. DeAngelo, who killed 13 people and raped over 50 women in a known span of 13 years, was the first high-profile criminal to be identified and apprehended due to the use of familial DNA matching. He pleaded guilty to the 13 murders in June (the statute of limitations has long since expired on the rapes) and avoided the death penalty, with the blessing of the victims and their families. Last week, many of them gave their statements to the court before the judge imposed sentence on Friday. DeAngelo, 74, was sentenced to eleven consecutive life sentences. DeAngelo said he was “sorry” and his attorneys presented letters from his family, who blamed DeAngelo’s evil on his “stern” and abusive father. Nevertheless, the Court imposed the maximum allowable sentence.
The old man has given the appearance of frailty in the 2 years since he was arrested, coming into court hunched over in a wheel chair. This was an act, as evidenced by video released by prosecutors after the hearing.
L2:For months now, protesters in Tennessee have been camping out overnight outside of the state capitol, in an attempt to meet with the governor. Those attempts have failed, and the Tennessee legislature has passed a bill making the overnight camp outs a felony. In Tennessee, that means anyone convicted will lose their right to vote. Camping on state property was a misdemeanor prior to the new bill. The bill is not limited to protesters; homeless individuals sleeping on state property will also be made felons.
L3: The Fourth Circuit has struck down parts of the federal Anti-Riot Act after two protesters convicted under the law appealed their convictions. The two convicted men argued that the law, which prohibits speech that promotes, encourages, or urges rioting, is a First Amendment violation. The Court agreed, holding that part of the statute was invalid. Nevertheless, the Court upheld the convictions under the remaining provisions of the law due to acts of violence committed by the appellants. The men, Benjamin Daley and Michael Miselis, are members of the white supremacist “Rise Above” movement, and their convictions stem from their participation in the 2017 “Unite the Right” rally in Charlottesville.
L4: Minnesota resident Emma Dietrich’s car was seized by police after a drunk driving arrest last year- even though she was not the one doing the drunk driving. She had given her keys to a co-worker she believed was sober. After he was clocked doing 118 on the interstate, the driver refused a breathalyzer and was arrested. The car was seized by the State Police, requiring Dietrich to pay thousands to “buy back” her automobile– all apparently legal under Minnesota law. Adding insult to injury, she is now required to have “whiskey plates”, a license plate which identifies drivers with a history of drunk driving arrests.
L5: The legal battle over availability of plans for creating 3-D printed guns has been going on for five years and counting. A Texas company publishing the plans, Defense Distributed, filed suit against nine states’ attorneys general for infringement of First Amendment rights over their efforts to stop the distribution. Last week, the Fifth Circuit reversed and remanded a district court decision that had dismissed Defense Distributed’s law suit for lack of personal jurisdiction.
L6: More details have been released in the state of New York’s investigation into the Trump Organization, revealing that the probe is civil in nature, and is focused on tax improprieties related to the forgiveness of $100 million of the president’s debt, and whether Trump misled lenders about the value of assets. This is in addition to the ongoing investigation over payoffs to women with whom the president has had affairs.
L7: Among those receiving PPP loans for pandemic hardships was disgraced televangelist Jim Bakker’s Morningside USA “ministry”, which received approval for $650K to $1.7 million. All PPP applicants are required to certify that they are not engaged in any illegal activities. Meanwhile, Bakker, a convicted felon who spent five years in prison for fraud, is under investigation by the Missouri, New York, Arkansas and the FDA for deceptive practices after peddling a COVID-19 miracle cure on his show. The Small Business Administration says they made no eligibility determinations in approving loans; review of possible false certifications will be done after the fact. If it is determined that Bakker’s organization falsified the certification, he may have to repay the loan as well as face civil and criminal penalties.
L8: Thailand ordered Facebook to restrict users of the social media from a group dedicated to criticizing the Thai government. Facebook complied, but says it will challenge the order in Thai courts. The spat comes amid unrest and protests against the power of the Thai Monarchy.
L9: The death sentence imposed on Scott Peterson, the California man convicted of killing his wife Lacy and their unborn son and disposing of them in the San Francisco Bay on Christmas Eve in 2002, has been overturned. The murder convictions remain, and the state must now decide whether to redo the sentencing hearing or let the default sentence of life in prison without parole stand. The California Supreme Court ruled that the trial court erred in dismissing jurors who indicated that they did not agree with the death penalty, even though they agreed they would impose it if the law required.
L4: What do we have these laws *FOR*? I mean, I look at the cops and I ask “what was their thought process?”
And I think it’s just “what punishments are at our disposal? These are they. We will use them.”
And that’s it.
And that’s it.Report
Pour encourager les autres. They can’t possibly catch all the criminals, so they figure that they’ll engage in Massive Overreaction on the ones they do catch, as a deterrent effect. “In fact,” they say, “we take this crime so seriously that we’ll punish people who didn’t actually commit it, so, imagine what we’ll do you you if we catch you!”Report
It’s like they’re taking turns.
“Maybe we should get rid of the cops…”
“WE ARE THE AMATEUR SECURITY FORCES THAT WILL REPLACE THE COPS!”
“Yeeeesh. Maybe we shouldn’t get rid of the cops.”
“We’re going to not change. Maybe shoot some people in the back.”
“Maybe we should get rid of the cops…”Report
I mean, you’d think that if there were any time for the cops to Not Shoot People, it would be now…Report
The inability of police to modify their behavior in response to (waves arms around) is one hell of an argument against police.
While I still think that we should prefer Oscar’s excellent list of proposed reforms to Police Abolition, the police are doing a great job of trying to talk me out of that.
Which is nuts.Report
And you expected something different why, exactly?Report
I honestly expected leadership in the various back rooms to sit down with the most likely bad offenders and say “knock it off, at least until after the election. They’re trying to defund us. Don’t give them an excuse.”
As, you know, not-stupid self-preservation.Report
Why should they? The police read the same papers you do.
They know that they have an excellent chance of the Department of Justice being headed by Bill Barr for another 4 years, and people like Tom Cotton advising that the only solution is more gunfire and violence.
Even in the most liberal cities, the police enjoy an almost unbreachable level of support among the political class, the people who write checks and fund campaigns.
The police don’t view themselves as answerable to the citizens.Report
While it’s true that there are a handful fewer people on the left who offer automatic knee-jerk defenses of stuff like “Police Unions” whenever the status quo is questioned, you’d still be surprised by the number of people who, in response to concrete policy proposals, respond with “but that’s not a magic bullet” rather than with “that’d be a good starting place”.
I’ll link to Oscar’s post with policy suggestions and you can see how people you probably consider on “the left” responded to it.Report
I’ll go further and say there are plenty of people on the left who nonetheless prefer white schools and suburbs and are willing to turn a blind eye to the massive injustice required to maintain them.
There are plenty of people on the left who enjoy the benefits of a hierarchical society that privileges some over others and object when the privilege is challenged.Report
You missed Chip’s most salient point:
The leadership in the majority of cases rose through the ranks. Bigger departments head hunt, but even then they generally choose people who have been cops their whole careers. And many, many Sheriffs are elected, but again are career LEOs before they get elevated.
They have to have a major house cleaning and generational turn over at a minimum to correct this.
Because while the policy proposals are sound, and even lefty defenders of police unions can get behind them, the police themselves are not YET incentivized to do anything different.Report
If we want to incentivize the police to change, I suggest changing things that will change incentives.
If you want a specific list of things to change, I can dig up a post with some policy proposals.Report
Policy proposals are a dime a dozen. We are awash in very smart, very focused and achievable proposals for police reform.
What we lack is the political will to implement them.
Until the reform candidates start winning elections, the Blue Line will hold.
And again I will note that the Blue Line candidate has a pretty good shot at running the nations justice department in November.Report
Well, Jo Jorgensen it is, then.
I hope I can get you to vote for her too.Report
Pretty sure there was an amendment about that… Too bad the SCOTUS only occasionally entertains arguments from that.Report
There are a tremendous number of crimes that occur only because the police decide they occur.
Like for instance, some crimes like murder or burglary happen because a citizens makes a complaint or a body is found.
But there are a lot of other crimes where the complaint is filed by the officer.
Like traffic crimes, public disturbance, intoxication, failure to disperse. And a lot of white collar crimes fall into this category. If Steve Bannon was skimming off the Wall Fund, no citizen made a complaint; It was law enforcement who decided to make the complaint.
And because it it up to the officer to decide whether a crime has occurred or not, it shouldn’t be surprising that the complaints follow the same pattern of bias and bigotry that the officers themselves hold.
Like the protesters who stormed into the Michigan statehouse and Idaho statehouses recently.
We have video evidence showing that multiple crimes were committed; Violating a secure space, failure to follow an officer’s instructions, failure to disperse, disorderly conduct, threatening violence.
Had the officers involved chosen to do so, they could have arrested most of the participants.
But, they chose not to, and the crime statistics will forever show that there were no crimes committed that day.Report
It does seem some of the Idaho protesters were in fact arrested:
https://www.npr.org/2020/08/25/906046911/ammon-bundy-is-arrested-and-wheeled-out-of-the-idaho-statehouseReport
L2: Thanks. for the explanation It seemed suspicious that the bill removed the right to vote for those convicted of violent felonies and unauthorized camping.Report
An interesting observation:
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When having the support of the police union becomes an electoral liability, rather than an advantage, this will change.Report
Its illustrative that even here in Democratic Los Angeles, when someone wants to run for City Councilman, they have to court the shopkeeper class, the neighborhood groups, the Chamber of Commerce and so on.
In all the years of wielding power, in all these fundraiser mixers and cocktail parties they held, did any of these groups ever once, raise the issue of police reform and accountability?
Its not like they can claim they didn’t know or were given any warning. Every year like clockwork, there was a shooting by LAPD that resulted in protests. We were warned repeatedly, again and again.
Yet year after year after year, council races were run and won by people who never were asked to address police reform.
And now, when the shopkeepers stand there surveying their shattered windows, they are crying and pretending to be shocked and surprised that such a thing could happen.Report
Because the MC & above have bought the police narrative that if the police are not given the ability to do their jobs as they see fit (they are, after all, the professionals), then the chaos of the looting is what the MC can expect.Report
L6: Long ago, when I lived in New Jersey, a friend with some inside knowledge told me that any sizeable real estate company operating in NYC/NJ was technically guilty of both money laundering and fraud in the form of misrepresentation. He said that there was simply too much dirty money sloshing around, and it was too easy to find an assessor who would plausibly justify almost any valuation that you wanted. Also that it was ignored unless it was particularly egregious because the investigations were very expensive to undertake.Report