Tuck depicts the quintessential Philadelphia reaction to the Lidge deal.
Author Archives: Tom
Jumping to conclusions on Judge Kent
Embattled U.S. District Judge Sam Kent is an easy target these days (all previous posts here). Along those lines, Chronicle legal columnist and blogger Mary Flood makes the following statement in this blog post on the Chronicle’s latest story about the allegations against Judge Kent:
The law sees the judge as innocent until proven guilty of these allegations, though so far he faces no criminal or civil lawsuits over the matter anyway. But it is important to note that his fellow judges removed him from work (albeit with pay) for the last four months of the year and reprimanded him for sexual harassment (emphasis added).
Flood’s above assertion may be correct, but we do not know that at this time. The Judicial Council’s order certainly says no such thing. The order states that a judicial complaint alleging sexual harassment was filed against Judge Kent and that a special investigatory committee reviewed the allegations and expanded the investigation to review other allegations of “inappropriate behavior” toward other federal employees. The order goes on to state that, after completing the investigation, the investigative committee recommended a reprimand and other “remedial courses of action.” The Judicial Council accepted the committee’s recommendation of reprimanding Judge Kent and concluded the proceeding “because appropriate remedial action had been and will be taken, including but not limited to the Judge’s four-month leave of absence from the bench, reallocation ofthe Galveston/Houston docket and other measures.” The Judicial Council’s order also admonished Judge Kent “that his actions . . . violated the mandates of the Canons of the Code of Conduct for United States Judges and are deemed prejudicial to the effective and expeditious administration of the business of the courts and the administration of justice.”
Thus, here’s what we know. A judicial complaint alleging sexual harassment was filed against Judge Kent. An investigation ensued and was expanded beyond the allegations contained in the initial complaint to other “inappropriate behavior.” Judge Kent presumably defended himself in regard to the allegations, but he is precluded by applicable rules relating to such investigations from discussing the matter publicly. The Judicial Council reprimanded and admonished Judge Kent, but the findings of fact and conclusions of law upon which the council based its reprimand have not — and probably will never will be — made public.
Thus, at this point, stating that Judge Kent was “reprimanded for sexual harassment” is speculation. He may have been, but the reason could also have been inappropriate behavior not related to sexual harassment, such as a drinking problem or simply acting badly toward subordinates. Further legal proceedings appear to be likely, so I’m inclined to wait to see what information develops in a forum where he can defend himself before jumping to conclusions in the matter of Judge Kent.
Weary’s Taser lawsuit
Houston Texans offensive lineman Fred Weary — who was Tasered under dubious circumstances by a couple of HPD officers on the side of one of Houston’s busiest freeways last year around this time — has filed a civil rights lawsuit in Houston federal court against the City of Houston and the officers involved in the matter.
The misdemeanor criminal charges against Weary that supposedly justified the Tasering were dismissed in short order shortly after the arrest. A copy of Weary’s complaint is here and the case has been assigned to U.S. District Judge Gray Miller, who worked as a Houston Police officer while he went to law school at the University of Houston in the late 1970’s. Weary is represented by Joseph Walker of the Houston firm of Franklin Mosele & Walker.
As noted in the prior post and as reflected by the summary dismissal of the charges against Weary, the police conduct in stopping and then Tasering Weary doesn’t pass the smell test. My bet is that it won’t play well in court, either. Stay tuned.
Tiger v. Vijay
Although it’s off-season for golf, I’ve been meaning to pass along the video below for awhile. I’m not sure about Peter Kostis analysis, but one thing is certain — these are two very good golf swings.
Vince Young’s $5 million donation to UT
Michael Lewis (previous posts here) — author of Moneyball and The Blind Side: Evolution of a Game (previous post here) — pens this NY Times op-ed in which he addresses a frequent topic on this blog — that is, the shameful economic exploitation of athletes by many universities in the business of big-time college football (see previous posts here, here and here):
College footballís best trick play is its pretense that it has nothing to do with money, that itís simply an extension of the universityís mission to educate its students. Were the public to view college football as mainly a business, it might start asking questions. For instance: why are these enterprises that have nothing to do with education and everything to do with profits exempt from paying taxes? Or why donít they pay their employees?
This is maybe the oddest aspect of the college football business. Everyone associated with it is getting rich except the people whose labor creates the value. At this moment there are thousands of big-time college football players, many of whom are black and poor. They perform for the intense pleasure of millions of rabid college football fans, many of whom are rich and white. The worldís most enthusiastic racially integrated marketplace is waiting to happen. [. . .]
If the N.C.A.A. genuinely wanted to take the money out of college football itíd make the tickets free and broadcast the games on public television and set limits on how much universities could pay head coaches. But the N.C.A.A. confines its anti-market strictures to the players ó and God help the interior lineman who is caught breaking them. Each year some player who grew up with nothing is tempted by a boosterís offer of a car, or some cash, and is never heard from again. [. . .]
Last year the average N.F.L. team had revenue of about $200 million and ran payrolls of roughly $130 million: 60 percent to 70 percent of a teamís revenues, therefore, go directly to the players. Thereís no reason those numbers would be any lower on a college football team ó and thereís some reason to think theyíd be higher. Itís easy to imagine the Universities of Alabama ($44 million in revenue), Michigan ($50 million), Georgia ($59 million) and many others paying the players even more than they take in directly from their football operations, just to keep school spirit flowing. (Go Dawgs!)
But letís keep it conservative. In 2005, the 121 Division 1-A football teams generated $1.8 billion for their colleges. If the colleges paid out 65 percent of their revenues to the players, the annual college football payroll would come to $1.17 billion. A college football team has 85 scholarship players while an N.F.L. roster has only 53, and so the money might be distributed a bit differently. [. . .]
A star quarterback, . . . might command as much as 8 percent of his college teamís revenues. For instance, in 2005 the Texas Longhorns would have paid Vince Young roughly $5 million for the season. In quarterbacking the Longhorns free of charge, Young, in effect, was making a donation to the university of $5 million a year ó and also, by putting his health on the line, taking a huge career risk.
Perhaps he would have made this great gift on his own. The point is that Vince Young, as the creator of the economic value, should have had the power to choose what to do with it. Once the market is up and running players who want to go to enjoy the pure amateur experience can continue to play for free.
Read the entire piece.
UT’s Sooner legacy
This post from earlier this fall noted that this season was the 50th anniversary of the legendary University of Texas football coach Darrell K. Royal (previous posts here) taking the reins of the then faltering Longhorn football program and turning it into one of the most successful programs in the country over the next 20 years. If you are interested in this fascinating man, then don’t miss this excellent Wann Smith article on Coach Royal, which passes along the story of why Coach Royal elected not to return to his alma mater (the University of Oklahoma) after the 1963 season when famed OU coach Bud Wilkenson finally stepped down:
After Bud Wilkinson resigned following the 1963 season, there was a groundswell of support for the idea of bringing Darrell Royal back across the Red River. Royal was inundated by calls from old schoolmates and friends urging him to take the OU job.
But Royal wasn’t interested in returning to his home state. He had made it clear from the start that he had no interest in the Oklahoma coaching vacancy. However Royal’s decision to stay in Austin had nothing to do with any enmity for either the State of Okahoma or for his Alma Mater.
“I had been searching for something,” said Royal. “And I found it in Texas. . .”
Read the entire article.
The ins and outs of college football recruiting
An all college football series of posts today starts out with this IndyStar.com article titled “Recruiting 101” by a former high school football coach who passes along his experience in what college coaches are looking for in high school football players. The article contains many interesting insights, including the former coach’s final one, which runs counter to the specialization of athletes that is the clear trend at most big high schools:
Regardless of position, it appears that in the recruiting of [big-time college football] players that being a multisport athlete at the high school level is the norm. I encourage athletes to play as many sports as long as they can. The benefits of multisport participation are many.
2007 Weekly local football review
(Eric Gray/AP photo; previous weekly reviews here)
Texas Longhorns 59 Texas Tech 43
The Texas Longhorns (9-2/5-2) had been left for dead after losing to Oklahoma six weeks ago, but the resurgent Horns are in solid contention for a BCS bowl game after defeating the defenseless Red Raiders (7-4/3-4). Although Tech closed to within 10 points a couple of times during the 47 point 4th quarter, this one was really never in doubt because Tech’s defense simply could not slow down, much less stop, the Horns’ offense. At least Coach Leach didn’t fire his defensive coordinator or blame his players after this defeat. This time, Tech’s loss was apparently the fault of the referees. Referring to Randy Cristal, the head referee for Saturday’s game, being an Austin resident, Leach asserted the following in post-game comments:
“That can be argued in a variety of directions. Maybe it is something as simple as guys sitting over the water cooler in their office, in Austin, talking to their friends about the great game they are going to see, the great players they are going to see. Perhaps a preconceived notion has developed how it’s going to come out.”
Leach apparently forgot that Tech was the beneficiary of a couple of dubious hometown calls at the end of one of Tech’s rare victories against Oklahoma. The reality is that Leach is a mediocre coach of a one-dimensional program that is 1-11 against ranked teams and 2-13 against UT and OU during his tenure at Tech. The Horns close their regular season against Texas A&M (6-5/3-4) in their annual rivalry game the day after Thanksgiving.
Update: Here is Leach’s after-game rant. The remarks will almost certainly result in the Big 12 Conference levying sanctions on Leach.
Update 2: Leach was fined $10,000 by the Big 12 on Tuesday and received a public reprimand. According to a Big 12 press release, Leach is ìon notice that any future such behavior will result in a more serious penalty, including a possible suspension.î
ìCoach Leachís public statements called into question the integrity and competence of game officials and the Conferenceís officiating program,î Dan Beebe, the Big 12 commissioner, stated. ìAccordingly the seriousness of this violation warrants a public reprimand and the largest fine issued to date by the Conference.î
The Cougars (6-4/5-2) laid a major egg in their effort to win their second straight Conference USA title when they laid down and rolled over to Tulsa (7-3/5-2). Houston has had problems with its defensive unit for years, so giving up 56 points to Tulsa is not all that surprisng. But It’s hard to understand how a team such as the Cougars, that is averaging almost 550 yards per game, would generate less than 400 yards of total offense against a poor Tulsa defense, 97 of which came in the Coogs’ only TD drive of the game while behind 56-0. The Cougars will attempt to regroup next week against an improving Marshall (2-8/2-4) that has won their last two games. Meanwhile, perhaps Houston head coach Art Briles won’t be such a hot commodity for other head coaching jobs after the Tulsa debacle.
The Aggies (6-5/3-4) actually were in a position to pull ahead during the 2nd half of this one when Aggie head coach Dennis Franchione called a series of plays that is typical of why he will be fired come season end, if not before. Early 4th quarter, the Aggies were marching down the field pounding the rushing game against a tired Mizzou (9-1/5-1) defense after closing to within 24-19. After reaching a 1st and 10 on Mizzou’s 12 yard line, the Aggies telegraphed a dive play on first down that was stopped for a one yard gain, QB Stephen McGeen threw an incompletion on second down and, on 3rd and long, Franchione inexplicably called a middle screen pass that was completed for a seven yard loss. Thus, rather than continuing to pound the rushing game against an overwhelmed defense in clear four down territory, Franchione inexplicably turned to the Ags’ ineffectual passing game, which stifled the drive. After Aggie kicker Matt Szymanski pushed the 36 yard field goal attempt wide right, the Aggies had completely lost the momentum, prompting the Tigers to score 16 fourth quarter points to put the game away. The Aggies close their season on the Friday after Thanksgiving in their annual rivalry game against the Longhorns (9-2/5-2).
What more can you say about the resilient Owls (3-7/3-3)? This time, the Owls came back from a 15 point 4th quarter deficit to pull out the victory on a game-winning 31 yard field goal. The potent Owls offense generated 535 total offense, including 365 yards passing from QB Chase Clement. The Owls finish with two home games, next week against Tulane (3-7/2-4) and against Tulsa (7-3/5-2) on the Saturday after Thanksgiving.
The Texans (4-5) were off this past weekend. Next Sunday, they play Reggie Bush and New Orleans (4-5), which is coming off a loss yesterday to previously winless St. Louis.
Why is the Chronicle beating this dead horse?
The Chronicle continues its apparent campaign to breath life into the second largest local urban boondoggle (second only to the Metro light rail system) — the proposed Astrodome hotel project (previous posts here). Rice professor and local political pundit Bob Stein comments about the apparent dilemma:
“For public officials, it’s like being in a maze,” Stein said. “You don’t know which turn you make is going to help you. You have the rodeo and the Texans ó the stakeholders ó and then you have the public.”
In reality, there is no dilemma at all. As USC economics professor Peter Gordon observes with regard to such issues, three simple questions need to be addressed: 1) At what cost? 2) Compared to what? and 3) How do you know? Despite the public’s fondness for the Dome, it is an obsolescent hulk that serves no useful purpose and costs a considerable amount each year just to mothball. The cost of the renovation is enormous and will almost certainly require some type of public contribution, particularly given the currently spooked credit and equity markets. Even if the deal could be financed without a large public contribution (I doubt it can), the county still has to face the prospect that the project will fail (many new hotels do) and that large operating subsidies will be necessary in the future. To make matters worse, there is inadequate demand for the city’s existing supply of hotel rooms, much less a supply that is increased by 1,300 rooms that the Astrodome hotel project would contribute. Finally, the current tenants of Reliant Park object to the hotel project.
So, in the face of all of the foregoing, why does the Chronicle continue to beat the drum for the project? Inquiring minds would like to know.
More on the matter of Judge Kent
The Houston Chronicle continued its investigative series into the matter of Galveston U.S. District Judge Sam Kent with this Lisa Olsen/Sunday edition article that provides the most detailed account to date of courtroom deputy Cathy McBroom’s sexual harrassment allegations against Judge Kent (previous posts here). The Chron’s account is based primarily on the Chronicle’s interviews with a close friend — Charlene Clark, a San Antonio schoolteacher — with whom McBroom apparently confided after the alleged incident with Judge Kent, Ms. McBroom’s mother and another former courtroom deputy of Judge Kent, Felicia Williams.
Under the Judicial Council of the Fifth Circuit Court of Appeals sanctions order relating to the matter, Judge Kent is barred from commenting on the matters relating to the investigation and his attorney — Maria Wyckoff Boyce of Baker & Botts — has refused all requests for interviews and referred all questions to the Fifth Circuit. Judge Edith H. Jones, chief judge for the Fifth Circuit, has also refused comment on the investigation.
According to the Chronicle’s account of McBroom’s friend, the following is what McBroom told her occurred:
McBroom was summoned to the judge’s chambers on Friday, March 23, at about 3 p.m.
Her hands were full of legal papers when the judge ó a former high school athlete who is more than 6 inches taller and at least 100 pounds heavier ó asked for a hug.
She told him she didn’t think that was appropriate, but reluctantly approached.
The judge grabbed Mc-Broom, pulled up her blouse and her bra and put his mouth on her breast. Then, Kent forced her head down toward his crotch.
As McBroom struggled, Kent kept telling the married mother of three what he wanted to do to her in words too graphic to publish. The papers fell to the floor. The pet bulldog Kent kept in his chambers began to bark.
The incident was interrupted by the sound of footsteps from another staff member in the corridor, and the judge loosened his grip. As she left, the judge said McBroom was a good case manager and then made suggestions about engaging in a sexual act.
McBroom ran out crying. [. . .]
Between 2003 and 2007, McBroom experienced about 15 to 20 other incidents of alleged harassment, five involving improper touching, according to Clark and another source.
“He talked incredibly crudely when he was under the influence,” Clark said. “He described sex acts. . . “
Olsen reports that McBroom, Ms. Williams (the other former case manager) and at least three other women later gave statements to Fifth Circuit investigators regarding Judge Kent’s alleged abuse of employees. According to Olsen, women with knowledge of Judge Kent’s actions contend that the first incidents of alleged harassment and unwanted physical contacts with female court employees began about ten years ago. Williams, who is now retired, also spoke with Olsen regarding her experience with Judge Kent:
Williams, who had worked for Kent from 1993 to 2002, said her firing came days after she apparently offended the judge with a comment she’d made about his arriving late for a hearing, though she says she was given no official reason at the time.
Williams told the Chronicle that over the years she frequently had seen Kent appear inebriated at work after long lunches with lawyer friends, was regularly asked for “hugs” and subjected to lewd remarks.
The judge said he could “service me when my husband was being treated for prostate cancer,” Williams said. “He told me sexual dirty jokes, and (I) was expected to listen to his rude comments regarding other people.”
Williams said she never told co-workers or even her husband about most of the comments out of loyalty to the judge ó and out of fear that he would retaliate.
“I need to relay how Cathy and I felt threatened due to (Kent’s) power and authority and were always concerned about our positions and knew we could be dismissed at a moment’s notice,” Williams said. “Since (I) no longer work for him, I feel more comfortable talking but will always feel the emotional pain.”
Williams later worked at the federal courthouse in Houston until her retirement in 2006 with 33 years of U.S. government service.
McBroom filed an internal judicial conduct complaint against Kent on May 21st. On Sept. 28th, the Judicial Council’s formal reprimand was issued and, about a month later, Judge Kent was reassigned to Houston. Judge Kent remains on a leave of absence until January, 2008.
With these latest revelations, my bet is that the matter of Judge Kent is headed to the House Judiciary Committee after the first of the new year.