Category Archives: Crime, Corrections and Law Enforcement

Judge Uses Crude Statistics to Find Racial Profiling by Richmond Police

Posted on February 16, 2024 by | 34 comments

by Hans Bader

A judge recently found that the City of Richmond racially profiles black motorists, dismissing the indictment of a black convicted felon accused of illegally possessing a gun. The judge did not find that defendant Keith Moore had been treated differently than a similarly situated white motorist. Instead, he ruled that Richmond police stops are racially discriminatory, based on statistics showing blacks are stopped and arrested at much higher rates than whites; and based on Richmond’s past “history of discrimination,” such as racialized zoning and redlining, and the “Confederate foundations” of the Richmond Police Department. “The Court will not require Moore to provide evidence of similarly situated individuals to prove his selective enforcement claim,” wrote the judge.

This is likely to create big problems for the City of Richmond, potentially leading to many criminals being released from jail. If a judge claims racial discrimination happened, he should identify what policies are racially discriminatory, or give concrete examples of discrimination, so that the problem can be fixed.  But Judge Gibney failed to do that in his February 12 ruling in United States v. Keith Rodney Moore. So now the City is deemed guilty of discrimination, based on things no individual police officer can change (such as city-wide statistics), and things that literally no one can change (such as  the confederate origins of the police department and Richmond’s segregated past). If other judges follow this flawed ruling, other criminals can also have their indictments dismissed based on city-wide statistics, even if it is undisputed that they committed the crime for which they were arrested.

Although the judge cited statistical disparities, he did not cite any specific police practices that led to blacks being stopped at higher rates, as he should have done if police were actually at fault. In Smith v. City of Jackson (2005), the Supreme Court ruled that even unintentional discrimination (disparate-impact) cannot be proved through statistics unless “specific” practices are identified that caused the “statistical disparities.” The disparities themselves are not enough. Continue reading →

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Posted in Courts and law, Crime, Corrections and Law Enforcement

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General Assembly Committees Approve Bill That Would Allow Even Serial Killers to Seek Release

Posted on February 7, 2024 by | 20 comments


from Liberty Unyielding

When Virginia abolished the death penalty in 2021, Virginians were assured it wasn’t needed, because the worst killers could be given life sentences without the possibility of parole.

But now, even the worst killers could eventually be released. Committees in Virginia’s Democratic-controlled legislature have approved bills to allow all inmates serving long sentences to seek release after specified periods — even serial killers and others who committed aggravated murders who once would have been eligible for the death penalty. HB 834 and SB 427, known as the “second look” bills, have been amended to create three tiers for release. Most inmates could seek release after 15 years, while those who commit the most serious offenses would have to wait 20 years or 25 years, depending on their offense.

For Virginia inmates whose prison sentences are shorter than 15 years, this legislation would change nothing. Most rapists who are first-time offenders, and many second-degree murderers, receive sentences of less than 15 years to begin with.

But for serial killers and others who commit aggravated murders who are serving a sentence of life without parole, the passage of this “second look” legislation would be a big change. It could give them even more than parole. Inmates released on parole are subject to the supervision of a parole officer, and if they misbehave or evade oversight, they can be sent back to prison for a long time. By contrast, an inmate who has been released under the “second look” legislation lacks these guardrails, and is not accountable to a parole officer, because his release marks the end of his sentence. Continue reading →

20 Comments

Posted in Crime, Corrections and Law Enforcement, General Assembly, Virginia Law

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Stay Calm: Police Finally Release Make and Model of the Va. Beach Pier Car

Posted on February 5, 2024 by | 60 comments

by Kerry Dougherty

Everyone try to maintain your composure. Let’s all stay calm. Perhaps a few moments of meditation are in order.

Deep breath.

Ready?

We finally know the make and model of the car that drove off the 14th Street pier more than a week ago.

The police had that information but withheld it from the public, they said, “to avoid a panic.”

The car that spent almost a week in the Atlantic because the city couldn’t figure out how to remove it from its watery 17-foot grave is a red Nissan Kicks.

Good Lord that’s shocking. Thank goodness THOSE details didn’t leak. Imagine what might have happened.

In case you’re wondering, as I was, what a Nissan Kicks looks like, we’ve included a photo of the panic-inducing compact SUV from the NissanUSA website. Continue reading →

60 Comments

Posted in Crime, Corrections and Law Enforcement, Media

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Checking up on Steve Descano

Posted on February 1, 2024 by | 40 comments

Steve Descano. Commonwralth’s Attorney, Fairfax. Photo credit: WTOP

by Dick Hall-Sizemore

Contributors and many readers of this blog have been highly critical of Steve Descano, the Commonwealth’s Attorney for Fairfax County.  They belittle him as being a Soros-backed, “woke” prosecutor, soft on crime. They seem to have missed Descano’s involvement in a recent high-profile case.

As described by The Washington Post, the defendant in the case had agreed to allow his home to serve as a delivery point for marijuana that was going to be sold by the victim. There had been a dispute between the defendant and the victim. When the victim knocked on the door of the defendant’s apartment, he sneaked out the back door, retrieved an AR-15 -style rifle from his car, and opened fire on the victim, killing him, and spraying bullets into adjacent occupied apartments. Continue reading →

40 Comments

Posted in Courts and law, Crime, Corrections and Law Enforcement, Culture wars, Uncategorized

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Dems Want to Block a Tough-On-Crime Parole Board Chief

Posted on January 31, 2024 by | 25 comments

by Kerry Dougherty

Virginia Democrats are audacious. You’ve got to give them that.

During the lawless  McAuliffe-Northam years, Virginia’s Parole Board was headed by bleeding hearts, who specialized in releasing criminals.

They were rewarded for their soft-hearted approach with judgeships. Because that’s how Democrats roll.

You’d think the party that favors criminals over victims wouldn’t want to remind the public of its own terrible record.

But they can’t help themselves.

Now that Gov. Glenn Youngkin has named Patricia West, a tough, super-qualified retired Virginia Beach judge to the same position, they’re trying to block her confirmation. They fear she’ll be too tough on criminals.

Dems have removed her name from a list of gubernatorial appointments. Her name could be restored by the entire General Assembly.

You’d think Democrats would be so embarrassed by what they did when they controlled the board they wouldn’t want to remind the public of their own terrible record. Continue reading →

25 Comments

Posted in Courts and law, Crime, Corrections and Law Enforcement, General Assembly, Politics

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Too Many Pieces of the 14th Street Pier Puzzle Don’t Fit

Posted on January 30, 2024 by | 65 comments

by Kerry Dougherty

Day two and we have more questions than answers about what happened Saturday morning on the 14th Street pier in Virginia Beach.

Yes, we know an SUV drove through two barriers and off the end of the pier. We learned that strong ocean currents and murky water are creating problems for those trying to haul it to the surface.

But get a load of what the police will say when they know the local news media don’t know how to ask follow up questions. (This is from the local newspaper):

Police have not determined who was operating the vehicle, nor do they know if anyone else was inside, according to Virginia Beach police spokesman Jude Brenya. While authorities have identified the type of vehicle, an SUV, police are not releasing the make or model to avoid causing “a panic,” he said.

A PANIC? Seriously?

What the heck are they talking about? What kind of panic? Is this some sort of alien craft? A self-driving Tesla? A Chinese spy SUV? Continue reading →

65 Comments

Posted in Crime, Corrections and Law Enforcement, Governance, Media

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From Sanctuary to Stooge

Posted on January 27, 2024 by | 10 comments

Mayor Levar Stoney

by Jon Baliles

Most of us have tried hard to block out Mayor Stoney’s July 4th fiasco, when his then-police chief tried hard to impress the boss and concocted a fake foiled mass shooting plot at Dogwood Dell on July 4, 2022. The Mayor denied he ever knew about it. The chief said he knew about it beforehand but claims to have never told the mayor or any of the officers working the event in a public park that annually draws thousands of people. Within days the story fell apart and it was revealed in court a few weeks later that there was no — as in zero — evidence that there ever was a planned mass shooting.

You might not also recall back in 2017 when the newly installed Mayor Stoney unofficially declared Richmond a sanctuary city and would protect people that might be in this country illegally from the federal Immigration and Customs Enforcement (ICE). He said, according to CBS6, “We need to protect our children and our families so they can learn and prosper. That means protecting all of our residents… and protecting them regardless of whether they have legal status in our country.”

The reason that these things are related is that the man falsely accused of plotting a mass shooting is wishing he had never come to Richmond or heard of Levar Stoney. If Stoney actually meant what he said that day in 2017 about protecting immigrants, then Julio Alvarado Dubon never would have been falsely accused of a mass shooting or spent the last 17 months in jail, and is now facing deportation back to Guatemala. Continue reading →

10 Comments

Posted in Crime, Corrections and Law Enforcement, Governance, Immigration

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Roanoke’s Murder Crisis

Posted on January 19, 2024 by | 14 comments

Mayor Sherman Lea Sr. (D). During his administration from 2017-2023, Roanoke City has had an unprecedented 123 murders.

by Scott Dreyer

Roanoke City, with about 97,000 residents, suffered a record-breaking 31 murders in 2023,causing some to question the city’s leadership and direction.

Based on public announcements and appearances, how concerned are Roanoke’s leaders about the Star City’s murder pandemic?

In Mayor Sherman Lea Sr.’s (D) announcement that he will not run for re-election in 2024, he made no-mention of the gun violence / murder crisis or work that needs to be done to address it. His only reference to “guns” was touting the “Formation of the Gun Violence Prevention Commission.” He also boasted the “Removal of Robert E. Lee Memorial,” even though Lee died in 1870.

Lea ignored these bloody Roanoke benchmarks since he won election as Mayor in 2016:

  • 2017, record-breaking 17 murders (up 41.6% from 2016);
  • 2022, record-breaking 18 murders (up 5.8% from 2021);
  • 2023, record-breaking 31 murders (up 72.2% from 2022);
  • Not counting 2016, 123 murders 2017-2023;
  • First Mayor in Roanoke history where every year in office had double-digit murder rate.

When Mayor Lea was asked about this situation, a staff member emailed: “Mayor Lea is unable to offer comments and would like to direct you to the City Manager’s office.” Continue reading →

14 Comments

Posted in Crime, Corrections and Law Enforcement, Leadership

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Virginia Bill Would Allow Even Serial Killers to be Released After 15 Years

Posted on January 18, 2024 by | 51 comments

from the  Liberty Unyielding blog

On January 9, a bill was introduced to let Virginia prison inmates be released after 15 years with the approval of a judge. Even serial killers serving life sentences without parole would be eligible for release. In 2022, a similar bill easily passed the Democratic-controlled state senate, only to die in the GOP-controlled House of Delegates. But this year, Democrats control both houses of Virginia’s legislature, so it may pass.

The bill, HB 834, would not require all inmates to be released after 15 years, but it would encourage their release by letting judges release inmates based on factors slanted in favor of release, and by giving most inmates the right to a taxpayer-funded lawyer to argue for their release. The bill instructs judges to consider factors that typically favor release, such as “support from” stakeholders for the inmate’s release, “and the petitioner’s efforts to participate in any educational or therapeutic programs.” It does not list factors such as deterrence and retribution, even though the Supreme Court has ruled that those are both valid reasons to keep an inmate in prison, in decisions such as Tison v. Arizona (1987).

Such early releases would increase crime and make it harder to deter premeditated murders. A 2014 study in the American Economic Journal found that early releases of prison inmates increased Italy’s crime rate. A 1998 study found that longer prison sentences deter violent crimes more effectively than short ones, based on California’s experience after it increased sentences for repeat offenders who commit murder, robbery, or rape. (See Daniel Kessler, et al., Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation, National Bureau of Economic Research Working Paper 6484 (March 1998)). Continue reading →

51 Comments

Posted in Crime, Corrections and Law Enforcement, General Assembly

A Nice Story Turns Out Not to be Such a Nice Story After All

Posted on January 15, 2024 by | 37 comments

Mary Jane Burton

by Dick Hall-Sizemore

A recent podcast produced by VPM, Richmond’s public radio station, is both fascinating and disheartening. Admissible: Shreds of Evidence deals with the early days of the use of DNA as forensic evidence. In particular, it is the story of Mary Jane Burton, a long-time serologist for what is now called the Department of Forensic Science (DFS).

It may come as a shock to some of this blog’s readers, but, in the 1990’s, Virginia was a national leader in the use of DNA for solving crimes. In 1989, the Virginia Supreme Court ruled that DNA could be used as evidence in trials. The 2001 General Assembly enacted legislation to allow offenders to request testing of any biological evidence that had been collected during the investigations of the offenses for which they had been convicted before the techniques for DNA testing had been developed.

Three people submitted requests in 2001 to test any DNA evidence in their cases. The first case taken up by DFS was that of Marvin Anderson, who had been convicted of rape in 1982 and sentenced to 20 years in prison. Although he had been on parole for several years by 2001, he was anxious to clear his name, if possible.  In looking through his file, the DFS director discovered the tip of a cotton swab taped to a page of the report. Including the evidence in the file in that manner was against the protocols of the agency. When the DNA of the fluid on the swab was tested, it ruled out Anderson as the perpetrator. The other two offenders who had requested testing of evidence in their files were similarly exonerated. Continue reading →

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Posted in Courts and law, Crime, Corrections and Law Enforcement, Uncategorized

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Another Murderer Released On Parole!

Posted on December 21, 2023 by | 42 comments

Elbert Smith, second from right, and family.

by Dick Hall-Sizemore

The Parole Board just released a convicted murderer. Yes, this Parole Board. The one that Glenn Youngkin appointed to crack down on the release of all those violent criminals. And not a peep out of Kerry Dougherty or Hans Bader, who ordinarily go on a rant when a convicted murderer is released on parole.

The circumstances surrounding this offender, Elbert Smith, certainly justified his release on parole. He did not fire the fatal shots that resulted in a man’s death. The man who did fire the shots accepted a plea deal — voluntary manslaughter and a sentence of five years. Smith, acting on the advice of his court-appointed attorney, refused the deal. A jury convicted him of second- degree murder and imposed a sentence of 44 years. Convicted in 1996, he had served 27 years in prison. During that time, he had had only one serious infraction. During the last ten years, his record had been clean. The warden in the prison in which he was being held did not recognize his name when asked about him. Continue reading →

42 Comments

Posted in Crime, Corrections and Law Enforcement, Culture wars

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Insufferable and Dangerous Nonsense in Academia – Antisemitism Sector

Posted on December 8, 2023 by | 149 comments

A rally on the steps of the University of Virginia Rotunda calls for a free Palestine amid the war in Israel on Thursday, Oct. 12. CAL CARY, THE DAILY PROGRESS

by James C. Sherlock

I read this morning in the latest issue of Chronicle of Higher Education a particularly smarmy article by a Keith E. Whittington.

He is, among other things, “professor of politics at Princeton University and founding chair of the Academic Committee of the Academic Freedom Alliance”.

Good to know.

He addressed in his article the Congressional hearing that put the presidents of Penn, Harvard and MIT on the hot seat for the unaddressed antisemitic turmoil on their campuses.

Other articles in the same issue called the hearings a disaster for the colleges.

“Since Hamas’s October 7 attack on Israel, administrators have struggled to respond. Many issued statements that faculty members, students, and others saw as tepid, while protests drove deep rifts into campus communities.”

Whittington’s was titled:

“Colleges Can Recommit to Free Speech or Double Down on Sensitivity – The congressional hearing on antisemitism presents a stark choice.”

He offered a false, self-serving choice of only two ways forward.

If President Ryan of UVa had joined the others in front of the committee, they could have gotten past statements to actions, and lack of them. Continue reading →

149 Comments

Posted in Civil Rights, Individual Liberties, Crime, Corrections and Law Enforcement, Culture wars, DEI, Education (higher ed)

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Governor’s Chronic Absenteeism Task Force – Part Three – Vital New State Roles

Posted on December 7, 2023 by | 11 comments

By James C. Sherlock

A compilation from https://www.doe.virginia.gov/data-policy-funding/data-reports/data-collection/special-education

I have found in 18 years of reporting on education in the Commonwealth that each school, each school division and each region is to some degree its own ecosystem.

Taking the example of chronic absenteeism, an individualized assessment of causes could be attempted:

  • if a single school‘s chronic absenteeism can be adjusted statistically for differences in its demographics (race, ethnicity, economic status, English learners, IEPs, etc.) to its division norms, and
  • if that school is a statistical outlier from its division good or bad.

But those are very big if’s because of the complex algorithm that would be required for comparing.  And the results would apply only to that specific school.

I have sometimes compared divisions‘ statistical performances on absenteeism and SOL pass rates against state norms, but usually at the extremes.  There are too many variables to sort among the bulk of them.  At the division level, the variables are as great as at the school level.

Regional differences are there, but causes are hard to pin down beyond differences in demographics and cultures.

That said, and to some degree for that reason, I offer two new state roles for improving school attendance:

  1. marketing, which is either not now done at all or done ineffectively, to increase parents understanding of the value of school; and
  2. investigations and enforcement, which are done sporadically across the state.  That is because of both the time and expertise investigations take and current laws that require schools to involve the court system in enforcement.

Those recommendations are not budget neutral.  This is a budget year.  They are tailored to draw Democratic support.  The time for them is now.

Given the time necessary to prepare proposals, it will likely take a special session to address them.

The chronic absenteeism crisis, appropriately designated by the Governor, rates one.

Continue reading →

11 Comments

Posted in Attendance, Courts and law, Crime, Corrections and Law Enforcement, Demographics, Education (K-12), General Assembly, Governance, Government Finance

Stuck in the Secretary’s Office

Posted on December 5, 2023 by | 52 comments

Andrew Wheeler, Director, Office of Regulatory Management

by Dick Hall-Sizemore

The Youngkin administration is sitting on regulations needed to implement important legislation enacted by the General Assembly in 2020. The delay constitutes a violation of that law.

In its 2020 Special Session, the General Assembly expanded the grounds for decertifying law-enforcement and jail officers. The background of this legislation was described in detail on this blog in a previous article, so there is no need to repeat that information here.

The legislation required the Department of Criminal Justice Services (DCJS), under the direction of the Criminal Justice Services Board (CJSB), to adopt statewide professional standards of conduct for law-enforcement and jail officers. The timeline set out in the legislation would have required the standards of conduct to go into effect by mid-December 2021, two years ago. DCJS missed the deadline. The CJSB approved the regulations on June 16, 2022. The Attorney General certified the regulations on Aug. 2, 2022. The Department of Planning and Budget completed its review of the economic impact of the regulations on Aug. 22, 2022. The regulations have been under review in the Secretary of Public Safety and Homeland Security’s office since then—470 days, more than a year and a quarter. Continue reading →

52 Comments

Posted in Crime, Corrections and Law Enforcement, Efficiency in Government, Regulations and Government Oversight

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Slasher Ordered to Reimburse Medical Bills of his Victim

Posted on December 4, 2023 by | 21 comments

by Kerry Dougherty

Several things strike me about this crime and restitution story out of Patrick County.

First, after Larry Puckett nearly stabbed Justin Hawkes to death in the fall of 2019, Mr. Hawkes  incurred about $120,000 in medical bills.

Because the injured man was indigent, Medicaid stepped in and negotiated the price down to $22,000.

If this former English major’s math is correct that’s just under 20% of the original bill.

Does this suggest there’s some padding in medical bills? You bet it does. In fact, receiving any medical procedure is a lot like buying an airline ticket. Everyone on the flight pays a different amount for the privilege of squeezing into a tiny seat and arriving at the exact time. Some folks spent a fortune for their tickets. Others got a cut-rate price.

Same goes for medical bills, although many of those are accompanied by an emergency that leaves no time to shop around for a better price.

Face it, medical care is a racket. Dare to ask why that Tylenol they gave you in the hospital cost 15 bucks and you’ll get a verbal tsunami of indignation and gibberish. Just pay it, they say. You have insurance.

In this case, according to the Virginia Mercury, the judge ordered Larry Puckett to repay Medicaid for the injuries he inflicted on Mr. Hawkes once he completed his prison sentence:

Puckett was convicted by Patrick Circuit Court of malicious wounding. He was sentenced to 20 years in prison, with eight years suspended, and ordered to complete five years of probation and pay … the cost of the medical services as restitution. The restitution was to be paid in $50 increments each month following his release from prison.

I like it! Continue reading →

21 Comments

Posted in Courts and law, Crime, Corrections and Law Enforcement, Health Care

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