If Justice Were A Ham Sandwich...I Would Be The Mustard.  -Sancho

Tuesday, June 23, 2009

Patience

Sometimes, when I’m attempting to locate a clean1 witness for service of a subpoena, the first tool I pull out of my arsenal of investigative techniques is…the white pages.
I know, sounds too simple but the listings in the online white pages (my personal preference) or the ones found in those old fashioned yellow/white books with thousands of pages that people still use…for some strange reason, have come through for me more times than I can count….even more than my most lovely treasure…Accurint.

Seriously.

The second thing I do is go to the Federal Government…the United States Postal Service.

I take a Boxbreaker2 to the nearest Post Office to my targets last know address and the US Postmaster provides me with a forwarding address, which good, upstanding citizens almost always use. Almost. The forwarding address can also be obtained using a blank envelope and mailing a letter to the last known address with the following words capitalized AND underlined:

FORWARDING ADDRESS REQUESTED – DO NOT FORWARD

This usually comes back in a week and again almost always works as long as the forwarding address is on file with the USPS but it is not as quick and I LOVE fast results…that’s just me.

I was in line in the post office this morning with 2 Boxbreakers to drop on the local US Postmaster. I must have been waiting there for about 15 minutes in a line of about 12 people…maybe mailing late Fathers Day cards? Either way, I was tired and in need of coffee.

While waiting and trying not to fall asleep in line, a loooooong drawn out honk got my attention outside the building. Looking out the big picture windows of the office, I saw that the driver of a huge white Cadillac was attempting to do a U-Turn in front of the busy post office and seemed to be taking forever.

The driver of the Caddy apparently seemed to think that a 14 point turn is okay to do on a pretty busy street...typical.


After a lot of moving forward and backing up, the Caddy successfully parked itself across the street from the Post office…directly on the pedestrian crosswalk and about 2 feet away from the curb and into the street.

All I could really make out of the driver was that he/she was really short. I could also just see this persons hands that were reaching up and holding onto the steering wheel, and barely make out the top of their head.

After another minute, a little white haired old woman (80ish years young) slowly opened the door of the Caddy that easily weighed more than her and pulled herself out of drivers seat clutching a small brown package in her left arm.

She looked like a television Grandma. I mean, well, she looked like the kind of sweet old grandma that you expect to see in old black & white movies and television shows. She was very old school with her hair all done up and an emerald blouse with some black slacks and a ton of jewelry...so much that I could almost hear her bracelets jingling over the buzz of traffic through the large plate glass windows.

I watched as she walked across the crosswalk and towards the post office.
Walked may actually be too generous a word…because I have never seen anyone walk so slow before in my entire life. If her little legs weren’t moving, I would have thought she was just standing still in the crosswalk. Is that even possible? She just shuffled along really slowly, not even raising her head to look up in front of her or stop to see if traffic was going to stop for her.

Traffic DID begin to stop and pile up on one side of the crosswalk (closest to her car) and I could see that people were starting to get irritated. She paid them no mind and finally made it across the street even though it took her stopping traffic again for at least a block. I’m going to guess that it took her (no exaggerations!) about 5 minutes to cross the street and enter the doorway of the Post Office…thankfully nobody honked at her because that would have made me feel really bad for her.

Now, I’m usually a pretty good judge of people and when I looked at this old woman, all I could think was, what a sweet and brave old lady. Look at the lines on her face, I can’t even imagine the things that she’s seen and done! Wars? The Depression? Deaths? What have those old eyes seen?

The woman stopped at the end of the line that was now moving and shortened by half, looked up at the (now) 6 people still waiting in line and said, Oh F*ck. Ridiculous people. She then turned around and walked right out of the post office without another word and repeated the 5 minute ordeal to her car, got in, and took off...slowly.

Damn.

Two things came to mind. 1) All that shuffling around and I never imagined her to be an impatient curser and 2) I'm not looking forward to getting old(er).
1. Clean – In reference to a witness. This means that the person has no criminal record, no reason to hide and is generally an upstanding citizen that has no idea I’m looking for him/her.

2. Boxbreaker – Slang for a form used by the United States Postal Service. Its called Request For Boxholder Information For Service Of Legal Process. Do you see why I just call it a Boxbreaker?

Friday, June 12, 2009

Un-Redacting Documents

This came to my inbox today. It's not my response and I haven't tried this but it looks kind of interesting.

Question: Does anyone have a technique for uncovering the identifying information on these documents? The D.A.s office simply uses a black marker to black out the names and home addresses. I have been asked by two of thelawyers to see if there is anything we can do. Please respond via e-mail and thank you for your support

IF they just use a black sharpie, then try viewing the document with your nightshot sony camera. There are special filters that will allow you to see through light clothes, tint, sunglasses, and marker. I've found that my Sony nightshot WITHOUT the filter will see through most black sharpies when placed in the nightshot (green) mode. If however, they marked it out with the sharpie and THEN Xeroxed it, you are out of luck. Also, sometimes paint thinner or nail polish remover will remove the black sharpie. It might ruin your original though. Try the camera first.

On a related note, you can sometimes find a few surprises if you copy and paste emails from your inbox to a Power Point slide. I've done this with emails having only a "TO: and FROM:" but when pasted into the PPT slide, full headers and BCC addresses magically appear. This has happened with MySpace personal pages as well where the online page title says one thing and the PPT copy says another. It doesn't always work but it's worth a try.

Tuesday, May 19, 2009

We Are F*cked.

Unfortunately...the voters have spoken. Good luck to all the PD offices in California...we're in for a shit storm of a magnitude I've never seen before.
California voters on Tuesday soundly rejected a package of ballot measures that would have reduced the state's projected budget deficit of $21.3 billion to something slightly less overwhelming: $15.4 billion.

The defeat of the measures means that Gov. Arnold Schwarzenegger and the state Legislature will have to consider deeper cuts to education, public safety, and health and human services, officials have said.
Prop 1A
(spending caps, taxes)
Yes 35.4%
No 64.6%
Prop 1B
(payments to schools)
Yes 38.8%
No 61.2%
Prop 1C
(lottery borrowing)
Yes 36.7%
No 63.3%
Prop 1D
(diverting child development funds)
Yes 35.7%
No 64.3%
Prop 1E
(reallocating mental health funds)
Yes 35.1%
No 64.9%
Prop 1F
(elected official pay)
Yes 75.2%
No 24.8%

68.4% of precincts reporting

Monday, May 11, 2009

PDI Blawg Recommendation

I don't recommend too many sites here, but I recently (a few hours ago) came across a new blawg run by another member of the brotherhood from a county in Southern California. Recruitment seems to be an inside view of the inner workings of the Riverside County Public Defenders Office.

The blawger goes by the name Hugh, although I'm certain that its not his real name and it seems to be a pretty accurate portrayal of an office in budget and personnel turmoil. If you have any interest at all, you should check it out!

Recommendation: From one fellow blawging PDI to another, change the name of your blawg! Recruitment doesn't really seem to be fitting for a title....how about: RIVCO - Public Defender Investigations

Sunday, May 03, 2009

What Price Justice ?

I had an attempted murder case last year where our material witness was in Placer County Jail on an unrelated charge and we needed her for our case. I found out that she had two outstanding felony warrants in our home jurisdiction - nothing reallys serious (receiving stolen property) but enough I believed to "warrant" extradition. In my own experience as a former police officer, I'd seen the state authorize this action in the name of justice (i.e. to prosecute the offender with the warrant).
I should have known better. Justice isn't really factor when bringing a low level offender to justice also assists in the defense of a person accused of something more serious. The judge immediately complained about the cost of this project and directed me to find out if the public defender's office would absorb the cost for travel (lodging, at least for the witness wasn't a problem - she would have had a bed waiting for her at the "county country club").
I took the stand and the prosecutor wanted to know exactly what the witness had told me about the case. I told him I had no idea becasue I didn't ask and didn't read the file. The judge was incredulous. "You didn't read the file? You didn't interview the witness?" he asked.
Of course I didn't. I'm not about to take the chance our witness may decide to say something different.
In the end we never got the witness back and the client took a plea. The whole episode was an exercise in cost-benefit analysis.
Sort of reminds me of the lyrics from Dylan's Hurricane:
"Couldn't help but make me feel ashamed to live in a land where justice is a game."