Entrapping "Thug Mike"?

Yesterday, a federal jury took just 6 hours to deliver guilty verdicts on 9 felony counts of bribery, extortion, attempted extortion and failing to file a financial form on a wire transfer of $15,000 against former Milwaukee alderman Michael McGee, Jr. [See McGee Guilty - JS Online] The entire uproar consisted of complaints by local Arab businessmen that McGee was shaking them down for money and gifts in direct connection with their liquor licences. In essence, no money, no license.

At first blush, the evidence seemed overwhelming: hours upon hours of recorded wiretaps where McGee referred to himself as "Thug Mike" and repeatedly appeared to be telling these government witnesses that he was God to them in their ability to stay in business. In his own words, McGee claimed to be the "gatekeeper." A closer examination, however, exposes at least a plausible entrapment defense. That seemed to be where the defense was trying to head but ultimately they portrayed the informants as incredible plotters just looking to remove a sitting alderman. There was plenty of evidence to support that view including the fact that the star witness, Adel “Jack” Kheirieh, actually ran for McGee's seat following his arrest even though Kheireh lived in Franklin.

Personally, I think that 2 things are going on: First, McGee had a huge target on his back from day 1 - just being the son of former alderman Mike McGee was enough to draw fire. The FBI and the US Attorney's office have spent a great deal of time and resources focusing on City Hall in the past few years (and state officials, too). They have racked up some convictions (Pawlinski, Cameron, Henningson) but have had some colossal embarrassments (Thompson, Donovan). Given that very mixed record, one has to question the tactics and judgement of law enforcement in gathering evidence and bringing cases that are highly questionable.

Second, and related, the fact that no other business owners than this tight group of Arab businessmen (who cling together under pretty much any environment as they all deal with each other just to survive) testified about McGee's conduct seems instructive. Were they the only businesses in the district with liquor licences? Hardly. However, if McGee was as thoroughly corrupt as he was represented, wouldn't all the black, white and Asian license holders be lining up to testify? The 6th district has 86 licences listed here and the government included testimony from a very small group of closely aligned business owners that went to great lengths to enhance the target on McGee's back. Where were the rest? Undisturbed by McGee, apparently.

I saw only a small portion of the trial but it seems that the verdict is at least questionable given the intense focus by law enforcement and the context of the 6th district business environment. As to propriety of the Aldermadic Privelege, that will have to wait for another blog post, such as the one about overzealous prosecutors and TJ Perlick-Molinari, the hero of that day.

White Collar Crimes

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John A. Birdsall, Birdsall Law Offices, S.C.

135 W. Wells St., Ste 214, Milwaukee, WI 53203

414.831.5465 - www.birdsall-law.com

Prison: A Black and White Proposition

Well, it's official....blacks are incarcerated at a higher rate than whites throughout the United States with Wisconsin landing the, ahem, coveted #1 spot. Two recent studies (one by Human Rights Watch and the other by the Washington based Sentencing Project) conclude:

• Blacks in Wisconsin are 42 times more likely than whites to receive prison terms for drug convictions. Wisconsin has the highest racial disparity in drug sentencing in the nation.


• Blacks in Milwaukee are seven times more likely to be arrested for a drug offense than whites. Milwaukee has the second-highest racial disparity for drug arrests among all major U.S. cities.


• Nationally, the rate of drug arrests of African-Americans in more than 40 large cities increased 225% since 1980, compared with 70% among whites.

According to national surveys, about the same percentage of blacks and whites use illegal drugs, meaning that because the white population is much larger, many more whites than blacks actually use illegal drugs.

"The alarming increase in drug arrests since 1980, concentrated among African Americans, raises fundamental questions about fairness and justice," writes Ryan S. King, policy analyst for The Sentencing Project and author of its report, "Disparity by Geography: The War on Drugs in America's Cities."

The report examines data from 43 of the nation's largest cities between 1980 and 2003.

"But even more troubling," King writes, "is the fact that these trends come not as the result of higher rates of drug use among African Americans, but, instead, the decision by local law officials about where to pursue drug enforcement."

My opening line is tongue-in-cheek because to anyone who works in the criminal justice system (or even casually pays attention to these matters) has known this for decades. What is remarkable is the expanding disparity here in Wisconsin. While it is no mystery why this occurs blacks live disproportionally in high crime areas that receive greater police scrutiny - no one seems to have any serious solutions. The legislature is nearly worthless - they won't take the courageous step of stepping down the penalties for non-violent drug offenders because they lack the polictical courage. It will have to fall to local officials, most notably and commendably Milwauke DA John Chisholm, to really attack this problem as a treatment issue rather than the ever-easy criminal route. This can be facilitated through the institution of drug courts that will allow judges the option of diverting cases that involve obvious treatment issues into community solutions which cost about 80% less per year than the cost of incarceration. It seems to me that the only people that could be against this are those with a huge vested interest: prison unions, and construction
companies.

You can view the breakdown at: http://graphics.jsonline.com/graphics/news/img/may08/prisons_050608_big.gif and the studies at http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=614 and http://hrw.org/reports/2008/us0508/.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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This One Vote Counts......

To readers of this blog who are not in "the system" I would like to emphasize the critical importance of tomorrows Supreme Court election (as an aside, we may soon need to have a serious discussion about campaign reform and/or the appointment of judges to eliminate the misleading, jaded, and money-influenced system that exists).

This is for a 10 year term on a court that not only administers the entire court system in Wisconsin but also renders opinions on the most pressing issues of our day from corporate regulation to overreaching police searches and interrogations. Our present court is evenly split in the traditional conservative/liberal paradigm (to the extent that we can even apply that to a "detached" body of government) and, in my view, have been remarkably competent and thoughtful in recent years.

We have a court that is admired nationally and it is headed by a Chief Justice (Shirley Abrahamson) whose balanced view of the law and the administration of justice is something we should all be thankful for. Yes, I am an unabashed defense advocate so some may discount this appraisal of the court. However, I also run a small business and understand that tying the hands of business interests benefits no one - especially my clients who need jobs.

Louis Butler is the only serious candidate to consider here. Gableman is simply throwing his name out there and slinging mud as hard as he can hoping to pick off not just a great justice but one of the finest men I have ever had the pleasure to know. In fact, Butler was recently rated by two SE Wisconsin Bar associations as "qualified" by 90% of the membership while Gableman was found so by just 1/3. This speaks volumes about how the profession feels and they got it right.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Drunk Driving Cops in Wisconsin

So Are Police Officers Just Better Drunk Drivers?

When most of us get pulled over by a police officer we get nervous. Apparently, when an off duty officer gets pulled over, he has nothing to worry about. Just this week in Milwaukee County on St. Patrick’s Day, an on duty officer pulled over an off duty officer on suspicion of drunk driving. http://www.jsonline.com/story/index.aspx?id=729881 What is really appalling here is that the off duty drunkard thought he was just going to get away with it and be on his merry way home. After insisting that if he pulled an off duty officer over he would let them go, and has over 100 times, he begged the on duty officer to do the same for him.

The Frank Jude case has been society’s most recent opportunity to publicly see the culture of protecting one’s own in the police department. There is no doubt in my mind that this brotherhood extends to all officers and not just officers within the same department. I also know that the police department is no different than any other profession when it comes to looking out for one’s own.

Sadly, I am sure there is truth to the statements of the drunk deputy when he explained that he has let off duty officers go after he realized who they were. This cannot be an acceptable practice. I applaud the Hales Corners Police Officer who had the guts to arrest this man and take him into custody the same way any one of us would have been taken into custody if we were that intoxicated and behind the wheel swerving on the road.

We expect more from officers because of the important role they play in society. Cops who break the law themselves are hypocrites who do not deserve the respect of wearing the uniform and carrying the badge. They apply to be police officers to enforce law and order. And while I, as much as anyone can understand that we are all human and we all make mistakes, people who rely on other people’s mistakes to make their living should be smarter. They see it every day and know the consequences.

As a defense attorney, especially one who deals with OWI offenses, I know that if I get pulled over, I am getting the special treatment. And it is not the kind of special treatment that apparently off duty officers regularly get. While I do not believe this man should lose his job over this, he certainly should not be on highway duty arresting people for something of which he may be guilty of himself.

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TJ Perlick-Molinari, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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New York Governor Eliot Spitzer - Street Sex -vs- Wall Street

I have listened with great interest at the “outrage” over New York Governor Eliot Spitzer’s recent admission of “wrongdoing” (which was well crafted to not directly admit any criminal liability). Mostly, the talking heads have decried his hypocrisy at being an unforgiving, zero tolerance, prosecutor in the past and then doing exactly the things that he eschewed. With that I agree completely. I have to say as a defense attorney that I did not like his tactics (he was the one that really invented the “perp walk”) and ruined a lot of lives of people who may have only been tangential players. That said, as a citizen, I always appreciated that someone aggressive was monitoring the greedy bastards on Wall Street that play endless illegal games that cost a lot of us a lot of money.

Spitzer’s fundamental problem was the bevy of powerful enemies that he made over the years. I am not inclined to conspiracy theories, as a rule, but I smell a rat here. Here’s the company line: a bunch of nondescript IRS bureaucrats slaving away at meager government wages in the bowels of some gray bland office building saw about $4,000.00 change hands and did a check on it (because they are just public servants doing their jobs). Then, voila, it turns out to be the immensely popular and powerful Governor of New York paying for sex. It had, they say, nothing to do with politics, revenge, powerful interests on Wall Street or any of that stuff. Just doin’ my job.......yeah, right.

Let’s be clear....there were literally thousands of recorded calls and an extensive investigation by both state and federal cops....all because a few bucks looked a little “irregular?” Unlikely. This is more akin to a set up whereby unseen forces were sifting and searching for any dirt that could possibly find on this man to bring him down. Don’t get me wrong...he brought this on himself in terms of his conduct. However, the cover story that they just stumbled on some small financial blip and then spawned a multistate investigation reserved normally for international drug smuggling operations is a lot of nonsense.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Mushaff

Poor Pakistani President Perez Musharaff....that bothersome constitution of his, it seems, is so severely hampering his ability to stem Islamist violence in his country that the only way to deal with it is to “suspend” it. That is code for “do away with” and/or “abolish” so that he can grab near absolute power. That level of control will certainly allow him (or anyone) to more efficiently crackdown on terrorism but what does this bode for the credibility of this important country? The Bush administration’s abysmal Middle East foreign policy strategy (lack of strategy?) now is faced with a terrible dilemma: support an emerging dictator whose country is home to Osama bin Laden and his terrorist friends (thus completely abandoning the “Freedom Agenda” articulated in his last inaugural address) or dump an important US ally in the legitimate war on terror (as opposed to the war in Iraq).

Is this overly simplified? Yes. The real situation is far more complex (as all matters of international relations are). However, the important point for Americans to take away from this is how precious the rule of law is. Let’s compare Musharaff’s justification for utterly suspending his “democracy’s” constitution with the Bush administration’s consistent and aggressive efforts to chop (not “chip”) away at ours. They are only inches apart.

Don’t get me wrong - I understand that there is a need to balance security and civil liberties. This will always be the case. However, we must ask for both the United States and Pakistan: Must we abandon our core values and the actual structure of democracy to achieve security. The US has been through many wars, we have been attacked, we have been infiltrated by spies, and our constitution has weathered all storms. But in the current terror hysteria (some real, some manufactured) I can easily see the scenario whereby a US president could justify suspension of even our constitution in order to respond to a terrorist attack(s). That is what should have us worried.

Am I engaging in scare tactics myself. I don’t think so. Witness the tremendous centralization of power in the last 7 years: the Patriot Act, consistently withholding information from Congress, essentially sanctioning torture (see, “rendition” and/or “waterboarding”) and, most recently, seeking to “redefine” the term “privacy.” Just today, the New York Times reported that:

Privacy no longer can mean anonymity, says Donald Kerr, the principal deputy director of national intelligence. Instead, it should mean that government and businesses properly safeguard people's private communications and financial information.”

What? “Trust us, we’re the government?” We’ve been down that road and if there is one thing the current administration has demonstrated - they are NOT to be trusted with increased power. I would say the same thing about any new Democratic administration. Checks and balances such as a legislative body and courts are intentionally inconvenient - they are there to slow down the tendency of one branch of government to either slowly accumulate or quickly grab more power than they are supposed to have under our system. So far, the past 7 years have been a slow, but quickening, accumulation of power by the executive branch. I think our institutions and the American people are strong enough to resist a sudden grab, the slow devolution of our freedoms is what we must all stay ever-vigilant against.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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