Time served, money won

People get arrested every day. Accused criminals get found guilty and convicted every day. Convicted criminals get released from jail and prison, and start the road towards reintegrating into society every day. People play the lottery every day. Some of those players win every day.

So it stands to follow, every once in a while, someone with a criminal record is going to win playing the lottery. Every once in a while, a former felon is going to win a large payout. Such was the case with Timothy Poole in central Florida, as detailed in this CW39 NewsFix story among others. It was quickly found out he had served time for a sexual abuse offense some years prior, and was released in 2006.

There is, of course, no law against playing the lottery due to criminal history. Nor should there be. Yet some people think Timothy shouldn’t be allowed to keep the money because of the nature of his crime. The only way I’d possibly take the side that the winnings should be forfeited, is in cases where the winner was still on probation or parole and had a specific prohibition against buying lottery tickets or even gambling in general as a condition of release. Even then, it’s a stretch, as I’d question why the hell such a condition was there to begin with.

It is unrealistic to sentence more than the worst offenders to either life without possibility of parole or death. Not to mention, it’s a violation of their Eighth Amendment rights (in the US). So, at some point, the vast majority of individuals convicted of crimes will be released either from confinement, or even from parole or probation to unsupervised life in the free world. State lotteries, casino gambling, and many other things are part of life in the free world.

The stark reality is that Timothy did his time and his debt to society is paid; it’s not unlike paying off, say, a $10,000 credit card balance. It’s unfair to him to say just because he’s now $3 million richer from playing the lottery that there’s suddenly a larger balance due on that debt. It would be like a credit card bank deciding years later after one gets a large windfall, that one suddenly owes another $5,000 in interest for a debt paid off years ago. Most people would be outraged at this, and rightfully so. It’s the same principle here, except there’s a lot more than $5,000 at stake.

I’m not condoning what Timothy did years ago. Sex crimes are some of the most heinous. I’m not going to get into any details of the crime itself because it doesn’t matter, the sentence is discharged and I’m not even going to get into Timothy’s proclamations of innocence; if it develops into more of a story I may revisit it later. What I am going to get into is this: those who feel Timothy wasn’t sentenced properly should take it up with the judge who presided over his case, and/or the prosecuting attorney(s) who handled it. If that doesn’t work, vote them out, vote out the people who appointed them, hell, vote against every incumbent still around from 2006 if that makes you feel any better. But today, Timothy’s a law abiding citizen until proven otherwise, and to go after the $3 million that he won honestly playing the lottery is attempted theft. And I think you know by now how I feel about thieves.

A disappointing turn of events: in re Victor Trevino

(Due to technical problems during editing, this post was not able to be posted until today, Tuesday 2014-11-18. It was written in its entirety before the sentencing, and the original text has remained unedited since the night of Sunday 2014-11-16.)

This will be one of the more difficult posts to write for this blog. But it needs to be written. For the new people, it’s honestly quite rare I feel comfortable putting in a good word for a good cop. And this post, not surprisingly, is going to be about one of those cops I had a reason to say something good thing about, at one time.

If you haven’t read my post Nightmare on Shepherd Drive from 2010 November (just a little over four years ago to the day!), you may want to go back and take a look at it. In that post I quote then-Precinct 6 Constable Victor Trevino where he rips the cops running a questionable speed trap on North Shepherd Drive and North Durham Drive. Some months later, Constable Trevino gets indicted on four criminal counts: two counts of tampering with a governmental record, one count of abuse of official capacity, and one count of misappropriation of fiduciary property. It was this last count that he was being tried on until a few days ago when he changed his plea to guilty and shortly thereafter, he resigned as constable. Basically, you can stick a fork in Mr. Trevino’s law enforcement career because it’s done.

If you think I now feel like a bit of an ass for having said something good about him, you’d be at least partially right. I take a pretty dim view of those who divert money from a charitable cause for their own ends. In this regard Mr. Trevino is no better than the likes of the WordCamp Houston 2010 organizers who I have already written about at length. The difference here is, that was attempted theft, and Mr. Trevino’s actions are closer to an actual theft (“misappropriation” is really just a nicer and/or legal term for theft when it comes down to it). To say I expect better of those who work in law enforcement is an understatement. While I don’t think the charge to which Mr. Trevino pleaded guilty reflects the entirety of his career, it’s certainly going to be the main thing that many remember him for.

I didn’t know he was going to be accused of these kinds of crimes at the point in time when I wrote my post. And in the specific context where I commend him in my post from 2010, I stand by what I said; I’m not going to retract it now. I really wish some other constables or even the sheriff had spoken up about the speed trap and said the same thing that then-Constable Trevino did.

I drive through there once in a while, and it seems HPD has finally abandoned the speed trap in/near the 700 block of North Shepherd/Durham. There may be another reason for that (which I may address later) but either way, good riddance. So the story, and then-Constable Trevino’s words, may well have had a lasting impact.

Regarding Mr. Trevino’s criminal case, I may make another post in about a week after he’s sentenced, I may not. It depends on how I feel. I will say I am glad I felt well enough to write this post today (Saturday); it would have hit the wire earlier had I not been ill.

Rural Pennsylvania cop causes accident, kills woman, not charged (yet)

A recent post on The Free Thought Project details yet another case of inexcusable police conduct. Trooper (for now) Frederick Schimp was on patrol at 3:30 am on Saturday, July 5. He failed to yield to cross traffic before crossing an intersection controlled by a stop sign, in this case a vehicle being driven by a 57-year old woman. Both Mr. Schimp and his partner were injured. The woman was not so lucky; she wound up not surviving the accident after being transported to a hospital. The trooper was not responding to a call, making his reason for either running the stop sign or not yielding all the more baffling.

If an average citizen did this, an arrest would be made immediately. No charges have been announced yet for Mr. Schimp, and it’s entirely possible he’ll be put on leave with pay (in effect, a paid vacation) while this is investigated. Kill someone, wreck a police vehicle in the process, and get a paid vacation? What kind of message does it send when our cops screw up and that’s how it’s handled?

It’s time for the Pennsylvania State Police to set the example on how this should be handled. I think a fairer solution: Officer is put on leave without pay, and only receives back pay only if and when cleared of wrongdoing. If there is wrongdoing in this case, the officer is subject to the same criminal charges as everyone else. Enforcing the law does not mean above the law. Blowing through a stop sign and causing a fatality to get to the doughnut shop a few minutes sooner or whatever should be punished severely, ideally as severely as it would be if one of us did it. I’m quite horrified that it’s taking this long to file and announce charges.

User groups and the chameleon of technology

Earlier this week, Dwight Silverman wrote a post in Techblog about the demise of HAL-PC which at one time was the largest computer user group in the US. The relevance of HAL-PC, and computer user groups in general, has become so low in recent years that many of you may be surprised that HAL-PC hung on in some form well in to the 2010s.

From the post:

Bill Jameson, a former board member who spoke by phone from HAL-PC’s South Post Oak offices, confirmed the decision. He reiterated the “changing society” theme in the email, saying “this society we live in now has a different set of interests and goals. Our type of organization is not included in that.”

“Most of our members are older,” Jameson said. “The cultural norms we group up with are pretty much gone, and as a consequence the organization has not sufficiently adapted to this new culture.”

What led to this? Let’s take a look back to the 1970s and early to mid-1980s when computers were a new thing, and an era before the vast majority of people had access to the Internet. Most computer-to-computer communication was done via modems over analog telephone lines. Through most of these two decades, 9600 bits per second (bps) modem speeds were a long-chased ideal, with 300, 1200, and 2400 bps being much more common. In the place of the Internet, there were bulletin board systems (BBSes) and amateur email networks like FidoNet.

But more importantly, there was no hitting the power switch, waiting a minute, and coming back to a full color graphical user interface, and clicking on a few things to launch whatever software one wanted to run.  There was the DOS prompt, or on earlier computers a BASIC interpreter (some of the really exotic models didn’t even had that, but only had a Forth interpreter or even just an assembler). There were no mice during this era for the most part, much less something to move a pointer to and click on. If one wanted the computer to do something, one typed it in. Typing was an unmistakable prerequisite to computer literacy, with knowing MS-DOS commands or their equivalent on one’s platform following closely behind. Most people learned a little programming, even if it was MS-DOS batch files or writing short BASIC programs, out of necessity.

Most importantly, though, the line between programmer (today more often called “developer”) and user was much blurrier than it is today (I’ll cover this in more depth later). And this is where user groups came in, where the more advanced users would teach those newer to computing how to get the most out of their gadgets. User groups are the reason technology is not feared as it once was by those who lived through the era in which they existed and were largely relevant.

Fast forward to the mid-1990s. Microsoft came out with Windows 95 and with it there was no separate MS-DOS product any more, it was all graphical and you had to dig for the MS-DOS prompt if you still wanted it. At least through Windows 98 there was still a fair amount of MS-DOS compatibility (I think Windows 98 still had the ability to boot into a “command prompt” as they call it to run older MS-DOS software). But before too long, the command prompt would become harder and harder to find, and at least Microsoft would rather have you believe it is simply less useful in modern times (I personally believe Microsoft themselves made it that way on purpose). Instead of being something magical, computers take their place next to the TVs and stereo systems at stores like Best Buy and Target. For the most part, computers are just another appliance now. It makes as much sense to have a computer user group as it does a refrigerator user group or toaster oven user group.

On one hand, it still amazes me that once back in 2008 or so, I found a still-usable computer sitting out by the dumpster, and the main reason for this was that there was some kind of issue with the Windows XP install. Rather than try to fix it, this person dumped it and bought a new one. That computer eventually became a firewall/router which served us well for a good 3 years plus, though those who know me will (correctly) guess the first thing I did was wipe the Windows XP install and replace it with OpenBSD (4.9 or 5.0, I think, but I could be wrong). On the other, it’s a rather sad reflection on the public’s attitude to computers, and just how much ease of use has taken a lot of the magic out of learning how to use a computer.

I use a graphical interface now, though I have not kept Windows installed on any computer I’ve considered “mine” for at least 12 years now. While I am not quite at “a mouse is a device used to point at the xterm you want to type in” it’s rare that I don’t have at least one command line open somewhere. In at least one situation on a computer that wasn’t “mine” where getting rid of the installed copy of Windows wasn’t an option, I kept an Ubuntu install on a thumb drive and booted that instead of Windows when I needed to use that computer. The installation failed several times in weird and not-so-wonderful ways, but I got it back up and running almost every time. (The one time I didn’t? The thumb drive itself (not the Linux kernel finding filesystem errors) started throwing write protection errors. I got the surviving important data off that drive and at least temporarily used a different (very old and underpowered) computer exclusively for a while.)

Personally, I’ve never lost sight of the magic behind computing. I’ll admit it, I get a thrill out of installing a new operating system on either brand-new or new-to-me hardware, which I’ve done for every system up until the last one I received new (the one I’m writing this post on). This one was ordered custom-built and with the operating system (Ubuntu GNU/Linux 11.04) already on it for three reasons: first, because for once, it was a realistic option to buy a computer with Ubuntu pre-installed; second, I needed to make immediate use of the computer as soon as it arrived; and third, it was a different thrill to experience the closest equivalent to how most people today get a store-bought PC. The great job Canonical (the company behind Ubuntu) has done even trying to mount some kind of challenge to what is a damn-near-monopoly by Microsoft deserves a post all its own (which I may make sometime in July).

But I think it’s a sad commentary on the state of computing that most computer users in this decade will never even think that building their own computer is a realistic option, much less doing their own operating system install, much less realizing there are many other choices for operating system besides those which come from Microsoft (or Apple). There is a certain degree of intimidation to overcome when it comes to staring down an empty computer case and the components that will go into it. I was there once myself; I once built a new 80486DX/33 and barely had a freaking clue what the heck I was doing. It helped that I had a friend at the time to guide me through the tricky parts (over the phone). Today’s hardware is, if anything, much more friendly towards do-it-yourself builds: RAM chips, CPU chips, power supply connectors, and SATA (hard drive) connectors are all keyed to only go in one way; the only thing decreasing is the number of people actually willing to pick up the screwdriver.

(Quick sidenote here: Apple never did embrace the idea that users could build their own computers. For better or worse, Apple has positioned themselves as sort of a “luxury brand” of electronics. The only thing worse than Microsoft’s near monopoly is that it’s impossible to buy components and build one’s own iMac, or even buy an Apple computer without Mac OS X. Apple has actually made it a EULA violation to run Mac OS X on unlicensed hardware, even though today’s “PC compatible” computers can run it. This is one reason I point to when I say that I believe Apple has been more harmful to the state of computing than Microsoft has been.)

Another sad commentary is the rather rigid wall that’s been built between “user” and “developer” (what we used to call “programmer”). Even “power user” doesn’t have quite the same aura it once did, and it’s used as a derisive term more often than one might otherwise think (and way more often than it should be, in my opinion). I find myself slamming into this wall on many occasions, as there are things I’d like to be able to do as a user, which I research and find out one needs to actually be a developer to do them. (Which sometimes means it’s impossible or going to be much harder to do than it need be; other times, I simply want to say “no, this shouldn’t be a developer feature, I’m just a user who wants to make full use of the technology.”) For example: Windows (which has lineage back to MS-DOS) no longer comes with a BASIC interpreter. Another example: Neither Windows nor Mac OS X come with compilers suitable for writing one’s own software. (Microsoft makes no-cost versions available for download, but they aren’t easy to find, and in all likelihood are a thinly disguised excuse to get one bumping into the limits and then shelling out money for the “real” compilers.) It is in fact expected that most users will simply spend amounts of money (which can run into hundreds, thousands, or even ten thousands of dollars) on the appropriate pre-written, shrink-wrapped, proprietary software. This is great for the stockholders of Microsoft, Apple, and other members of the proprietary software cartel like Adobe. It’s lousy if one’s “just a user.”

A prom gone wrong

This post on Wine & Marble (hannahettinger.com) (warning: coarse language) and the followup post made soon thereafter chronicle the very unfortunate tale of a young woman named Clare in Richmond, VA, who wanted to put the cap on her time in high school with a good time at the prom. Unfortunately, it was not to be. Quoting the first post:

The only dress code specified on the registration form was that “Ladies, please keep your dresses fingertip length or longer.” Like a good little homeschooler, I made sure that the dress was fingertip length on me; I even tried it on with my shoes, just to be sure. It was fingertip length, I was ecstatic, and I laid down several weeks worth of tip money I had been saving up to buy it.

And you know what happened? I got kicked out of prom because of it.

The post goes on to explain a sequence of events that I, as an adult, find mind-boggling, which I will summarize here (the original post is linked if you want to read it in full). On the night of the prom, one of the prom organizers tells Clare her dress is too short, she shows that it is fingertip length, and the organizer says “make sure it stays pulled down, it’s too short.” And then, fast forward to a few moments later, when this same organizer gestures Clare off the dance floor and accuses her of dancing inappropriately. To make a long story short, Clare is kicked out of the prom for her dress being too short (which it was not, she made sure it was long enough before buying it, and at a considerable expense at that) as well as “inappropriate dancing.”

Clare at least gets her ticket refunded. The rest of Clare’s group is verbally promised a refund (they came to prom together and if Clare is forced to leave, the rest of the group has to leave with her). However, when they walk up front to leave with Clare, only Clare gets her refund. A parent of someone else in Clare’s group calls the prom organizers to ask about the refund, and is told “We aren’t going to do refunds.”

The crux of the problem seems to be the dads on the balcony who were in charge of chaperoning the event. Clare, in the conclusion of the post, says she felt “felt violated by the sheer number of male parents that were assigned to do nothing for five hours other then watch girls in short dresses and heels dance to upbeat music.” I would agree that it is a bit over the top to have a majority of the adult chaperones be male and there is no good reason for it.

Yes, it was a prom for a Christian homeschool (and I’ve discussed religious schools before). The profanity in Clare’s post shows just how frustrated she is. I don’t blame her for “breaking the swear barrier.” I would too, and in fact I have before in similar situations. I don’t see what is so wholesome about giving dads old enough to have teenage daughters five hours’ worth of unrestricted girl watching. I don’t see why half as many couples (mother and father) couldn’t do just as an effective job of chaperoning; the intent behind having couples being to reduce the blatant perverted gazing (by both genders). It’s just not appropriate to have an excess of one gender chaperoning an event like this–men or women.

Back to inappropriate dancing for a moment. According to one of Clare’s friends, there was some truly inappropriate “dirty dancing” going on later in the evening, and nobody else was kicked out for it. Nobody besides Clare, who if she is being truthful (and I have no reason to believe she isn’t), barely moved to the music.

These are high school students, who we are expecting to become adults and act like adults in anywhere from a little over three years after this dance to possibly a few short months. It is shameful that the organizers of this prom and the parents who chaperoned it are showing an incredible lack of maturity in their uneven enforcement of the rules, as well as treating these students as significantly younger and less mature than they are.

Finally, a commenter named Mila may have found the reason (edited for grammar):

I’m a black girl and I would give you MY view. I really don’t think it was because they were ogling at you in that dress… you are pretty, but nothing to ogle over. I think it was because your date is BLACK and they felt very uncomfortable watching you grinding on him… sad but TRUE. You are a very tall blonde white girl with a short (but appropriate) dress dancing on a black guy. They noticed! I doubt they would have kicked you out if your date were a white guy or better yet if YOU were a black girl. This is way worse, and you AND your boyfriend deserve an apology!

I hope Mila’s wrong. I really do. It’s an unfortunate coincidence that this happened barely a couple of weeks after the incident involving LA Clippers owner Donald Sterling which I just blogged about. I had really hoped by now we as a society have moved beyond flagrant racism. I don’t expect the prom organizers to acknowledge that this was racially motivated if it was (quite the opposite in fact). It certainly looks damn suspicious, but I would need to know how much of that “dirty dancing” involved couples of obviously different ethnicities to know for sure. That’s an observation that, unfortunately, was probably just not made at the time.

A little over a month ago marked 46 years that the life of Dr. Martin Luther King, Jr., was brutally ended long before it should have. His final speech stated, in part:

Well, I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter with me now. Because I’ve been to the mountaintop. And I don’t mind. Like anybody, I would like to live a long life. Longevity has its place. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land. So I’m happy, tonight. I’m not worried about anything. I’m not fearing any man. Mine eyes have seen the glory of the coming of the Lord.

Have we gotten any closer to the promised land of a world without bigotry in 46 years? I hope so. But when instances of racism come to light, I have to wonder for a moment just how far we’ve truly come.