More on the Kent case

10-3-SamuelKent.jpgChronicle reporters Lise Olsen and Harvey Rice follow up on their previous coverage of the Fifth Circuit Court of Appeals reprimand of U.S. District Judge Sam Kent with this Sunday Chronicle article, which includes the following tidbits:

The episodes of alleged abuse began a decade ago and involved at least three employees, according to interviews with two women and with attorney Rusty Hardin, who represents the third.
In the most recent incident, the judge was accused of inappropriately touching a female case manager in his chambers in March. [. . .]
As the only federal district judge in Galveston, Kent is the ranking federal official in a small fiefdom. The power of his lifetime appointment is reflected by the fear of attorneys and former court employees, who generally declined comment.

The Volokh Conspiracy’s Ilya Somin, who once clerked at the Fifth Circuit and has been following the Kent matter closely, has some interesting observations about the latest Chronicle article.
The Galveston Daily News also provides this special section on the Kent matter, and the Wikipedia site on Judge Kent has also become a good source of information.

Rosett on the Wyatt trial

Oscar%20Wyatt%20100507.gifClaudia Rosett is a journalist in residence with the Foundation for Defense of Democracies who has written extensively about the U.S. Oil-for-Food program and resulting scandal that recently snared the plea bargain conviction of longtime Houston oilman, Oscar S. Wyatt, Jr. (previous posts here). Rosett attended Wyatt’s trial in New York and this Wall Street Journal op-ed on the aftermath of Wyatt’s plea bargain pretty much confirms my earlier speculation that Wyatt cut a good deal for himself under the circumstances:

Star witnesses facing Wyatt from the stand included two former Iraqi officials, Mubdir Al-Khudair and Yacoub Y. Yacoub. They have never before been questioned in a public setting, and were relocated to the U.S. by federal authorities this past year to protect them against retaliation in Iraq for cooperating in this probe.
Messrs. Khudair and Yacoub described a system corrupt to the core. Their duties inside Saddam Hussein’s bureaucracy consisted largely, and officially, of handling and keeping track of kickbacks. That included who had paid and how much, and via which front companies. When Saddam’s regime systematized its Oil for Food kickback demands across the board in 2000, keeping track of the graft flowing into Saddam’s secret coffers became a job so extensive that the marketing arm of Iraq’s Ministry of Oil, known as SOMO (State Oil Marketing Organization) developed an electronic database to track the flow of the “surcharges,” as they were called.
To show how this worked, prosecutors last week produced a silver laptop onto which Saddam’s entire oil kickback database had been downloaded by Mr. Yacoub, from backup copies he made just before the 2003 U.S.-led invasion of Iraq. With the laptop display projected onto a big screen before the jury, Mr. Yacoub booted up the system and into a query box typed “Coastal,” the name of Wyatt’s former oil company. Up came itemized lists of millions of dollars worth of surcharges he testified that Wyatt’s company, or affiliated fronts, had paid to the Iraqi regime. These were broken down not only chronologically, but according to which front companies Mr. Yacoub said had channeled the money.

Read the entire piece. Brett Clanton of the Chronicle adds this report on how the Wyatt case highlights the perils of doing business in foreign hotspots. Interesting stuff.

Slade elects not to testify

slade%20100507.jpgThe defense rested Thursday in the criminal trial of former Texas Southern University president Priscilla Slade (previous posts here) without the defendant taking the stand in her own defense. Slade told the Chronicle that she felt “wonderful” about the conclusion of her defense, while defense counsel Mike DeGeurin explained on the courthouse steps that “the defendant never testifies if the state has not proven their case. That’s just a given rule.”
Maybe so, but as noted here and here in connection with a couple of other high profile cases, the decision not to testify in white collar criminal cases is risky. Juries in white collar cases expect to hear from the defendant, and when they don’t, they commonly hold against the defendant. That’s not it’s supposed to work, but that’s the reality. As the late Edward Bennett Williams used to advise his white collar criminal clients, “If you elect not to testify, then you better bring your toothbrush with you to the courthouse.”
The prosecution finished its rebuttal portion of its case on Thursday. The jury is off on Friday as the judge and lawyers finalize the jury instructions. Final arguments are scheduled to begin on Monday.

Justice Medina’s big problem

david_medina.jpgWell, you certainly don’t see this everyday:

The June fire that destroyed the Spring home of Texas Supreme Court Justice David Medina was intentionally set, the Harris County Fire Marshal’s Office ruled Wednesday.
Investigators would not comment on a motive for the arson, which destroyed a neighboring house and damaged a third, chief investigator Dan Given said Wednesday afternoon.
“At this time, we’re not going to release any more information,” Given said.
Earlier Wednesday, the office issued a statement saying investigators ruled out an accidental cause and no charges were currently pending. [. . .]
Investigators have identified six “people of interest,” all family members or friends of the judge. Investigators have also said a canine detected an accelerant in the fire.
The three homes are in Olde Oaks subdivision in northwest Harris County. Damage for all three has been estimated at $900,000.
Officials said Wednesday that Medina family members questioned about the June 28 blaze have been cooperative. The judge’s wife, Francisca Medina, and one of their children were home the night of the fire, officials said.
Investigators have subpoenaed cell phone and financial records of family and friends.
If a charge is filed, it would be arson of a habitation, a second-degree felony that carries a punishment ranging from probation to 20 years in prison, lead investigator Nathan Green said Tuesday. [. . .]
While officials would not discuss possible motives, Green has said a “red flag” was a foreclosure filed on the property in June 2006 that apparently was resolved that December.
The Medinas’ insurance policy had lapsed because premiums weren’t paid, Green has said. Medina was surprised to learn the 5,000-square-foot house in the 3500 block of Highfalls wasn’t covered.
The Medina family moved to Austin after the fire, Green said.
They still owe nearly $2,000 in homeowners association fees, according to Pam Bailey, owner of Chaparrel Management, which manages the Olde Oaks Community Improvement Association.
Bailey said the fees are two years past due.

The house wasn’t insured and Justice Medina didn’t realize it? In an earlier Chronicle article on the fire, Justice Medina, who was appointed to the high court by Govenor Perry in 2004, said he was unaware that investigators had identified six people of interest, including family members and friends.

“I was not aware. … That’s quite startling,” Medina said, later adding that he had “no idea” if he knew anyone who might have set the house on fire.
He then said, “I’m not going to comment further.”

That latter comment is a very good idea.
October 15, 2007 Update: Harris County District Attorney Chuck Rosenthal announces that Justice Medina is not a suspect in the arson investigation:

Texas Supreme Court Justice David Medina is not a suspect in a June arson that destroyed his Spring home, Harris County District Attorney Chuck Rosenthal confirmed Thursday.
The revelation came during a telephone conversation in which Rosenthal alerted the judge that he was being called to testify before the grand jurors as they discuss whether to charge anyone in the June 28 blaze.
“Because in Harris County, we don’t sneak up on people. I said: ‘You are not considered a suspect,’ ” Rosenthal said late Thursday.

The genesis of bad regulations

CellPhones.JPGI’m not an advocate of using cell phones indiscrimately while driving. In fact, I try to avoid it as much as possible. But every few months or so, some media outlet passes along another superficial story (see also here) on the latest study or tragic story that supposedly suggests that use of cell phones while driving leads to accidents and, thus, should be outlawed.
Cell phones are a distraction while driving. No question about that. But so are conversations with passengers. Are we going to outlaw those, too? Granted, much cell phone use is trivial and unnecessary, but cell phones have unquestionably been a tremendous improvement in communications. Wouldn’t it be prudent at least to perform some cost-benefit analysis of the probable impact of outlawing a valuable improvement in communications before foisting yet another regulation on the public?

That certainly answers that question

sam%20kent%20120107.jpgThis earlier post wondered what was up with the apparently involuntary four month leave-of-absence of Galveston-based U.S. District Judge, Sam Kent.
Well, now we know.
The Judicial Council of the 5th U.S. Circuit Court of Appeals issued an order Friday reprimanding and admonishing Judge Kent in regard to a complaint complaint of judicial misconduct lodged against the judge on in May alleging sexual harassment toward an employee of the federal judicial system. A former case manager for Judge Kent confirmed to the Texas Lawyer and then the Chronicle that she filed the complaint against the judge, but declined further comment. The former case manager now works in the clerk’s office in the Houston Division of the Southern District of Texas.
Nevertheless, the prospect of further litigation is definitely possible. The clerk has hired prominent Houston attorney Rusty Hardin, who is always good for a quote or two. “We have been watching, with interest, the investigation,” Hardin told the Chronicle.
Meanwhile, Judge Kent appears to be putting up a fight to the charges. He has hired prominent defense attorney Maria Wyckoff Boyce of Baker & Botts to represent him. My sense is that the brevity of the Judicial Council’s order indicates that the panel expects further litigation over the allegetions.
Fifth Circuit Chief Judge Edith Jones, who is not one to take such matters lightly, signed the order and wrote that a Special Investigatory Committee appointed to investigate the complaint expanded the original complaint and investigated other “instances of alleged inappropriate behavior toward other employees of the federal judicial system.” The committee recommended a reprimand “along with the accomplishment of other remedial courses of action.” The judicial council accepted the recommendations and concluded the proceedings “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 of the Galveston/Houston docket and other measures.” The special investigatory committee’s Report, Findings of Fact, Conclusions of Law and Recommendations, and Judge Kent’s Response to the Report, are confidential and will not be disclosed.
According to the Chronicle account, one of the more interesting allegations apparently investigated by the panel was the following:

“That Kent inappropriately favored former colleagues and other favorites in his decisions and in overseeing settlement negotiations. In 2001, Kent was ordered to transfer all cases from his court that were handled by his best friend.”

H’mm. Wonder if that had any impact on this recent settlement (see background here)?
Update: Ilya Somin provides some additional background on Judge Kent.
And this Galveston Daily News article provides some additional information on the case:

The Daily News was told the judge called his case manager to his office, where physical contact occurred.
When she resisted, he told her she owed him because he had interceded in her favor in a dispute among clerkís office employees, the paper was told.
Since Kent was suspended in August, The Daily News has conducted interviews with more than a dozen members of the legal community ó lawyers, their employees and employees of the court. Some claimed first-hand knowledge of allegations of Kentís misconduct, but none agreed to be identified.
McBroom wasnít the only female employee Kent, who is more than 6 feet tall and more than 200 pounds, is alleged to have touched inappropriately, The Daily News was told. [. . .]
Those arenít the only reports that Kent engaged in inappropriate conduct.
Other sources have told The Daily News that, at a party and in the offices of a law firm, a drunken Kent cornered women and grabbed them.

Shasta talks about the Duck mugging

shasta%20092707.jpgWe all got a few chuckles over the Oregon Duck mascot’s mugging of the Houston Cougar mascot during the football game between the two institutions’ teams earlier this season.
Well, the UH student newspaper provides this follow-up article on the student — Kinesiology major Matt Stolt — who mans the Cougar mascot costume. Stolt turns out to be a gentleman who handled the incident and the aftermath with admirable maturity and good nature. Bully for him!

The Times discovers Houston’s Hotel ZaZa

Hotel%20ZaZA.jpgThe New York Times travel section reviews Houston’s Hotel ZaZa (formerly known as “The Warwick” to us oldtimers) and likes what it experiences.
Frankly, given the hotel’s excellent location in the Museum District between downtown and the Texas Medical Center near Rice University and Hermann Park, what’s not to like?

Seaside in Texas?

Seaside%2C%20Florida.jpgFirst, the Wall Street Journal discovered the Hamptons of Houston. Now, this Wall Street Journal ($) article reports that the popular Seaside beach community just east of Destin, Florida is the model for several similar projects under construction on the Texas Gulf Coast:

Inspired by Seaside, the Florida-panhandle resort community that relies heavily on traditional architecture and planning, Mr. [Tofigh] Sherazi is overseeing development of a $1 billion, 260-acre beachfront community that seeks to reflect Galveston’s past. The first of the project’s four phases, 160 lots for single-family homes, is sold out. The development is designed to include a pedestrian-friendly mix of homes, shops and two hotels. “This is going to be a real town,” he said.
Beachtown, as Mr. Sherazi’s project is called, is part of a wave of New Urbanism on the Texas coast, from Galveston to South Padre Island. A planning movement that advocates walking over driving and borrows heavily from the design of traditional neighborhoods, New Urbanism has been largely overlooked on the Texas coast, even as it has flourished in Florida and beyond. [. . .]
. . . In addition to Beachtown, a 93-acre, $175 million urban village known as Evia is taking shape in Galveston. The work of local developers, the project will include a total of about 350 residential units, with 70% of the 222 lots for single-family homes sold.
Near Corpus Christi, the Sea Oats Group, of Atlanta, is developing a 64-acre, $250 million project called Cinnamon Shore that casts itself as a traditional seaside village, complete with a town center. Sales began in February, and 42 of 82 lots in phase one are sold. And on South Padre Island, a development in excess of $250 million called the Shores of South Padre also portrays itself as New Urbanist, though local developer Richard Franke’s plan to include high-rise and midrise condominiums indicates he is no purist. “It’s quite different from anything else in our area,” said Mr. Franke. [. . .]
James Gaines, an economist at Texas A&M University’s Real Estate Center, said beachfront property in Texas costs about a fifth of the price of similar property in California, in part because of its geography. Except for Galveston and a few coastal areas near Houston, none of Texas beachfront property is near a major urban center.
In an effort to market Cinnamon Shore, Sea Oats compared the cost of beachfront lots and beachfront homes in a number of markets. A lot at Seaside costs about $2.98 million, according to the company, but lots at Cinnamon Shore are going for about $625,000. In the same survey, the company said a beachfront home at Cinnamon Shore is valued at no more than $1.5 million, while a similar home could cost as much as $6.9 million across the Gulf of Mexico in Sarasota, Fla.

Wisconsin no longer confused with The Woodands

woodlands%20logo%20new.gifWisconsin_logo%20092007.gifAs noted earlier here and here, the University of Wisconsin apparently does not have enough substantive legal work to keep its lawyers busy, so the university has made a cottage industry out of threatening high schools around the country that use a “W” logo that resembles the one used by the university’s sports teams.
According to this article, it looks as if UW has proven that it has more money to waste on pursuing one of those frivolous lawsuits than my local high school here in The Woodlands. The Woodlands High School has agreed to change its “W” logo to the one on the left above.
I sincerely hope that the Iowa Hawkeyes kick Wisconsin’s ass on the gridiron this Saturday. ;^)