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Archive for the ‘Bureaucracy’ Category

Mark Spence Goes To Court

As I documented in this week’s cover story on Osman Abdullahi’s death, the problems at 830 7th Street NE were vast. Abdullahi was left without meds in a house without heat and very little food. There was the thinnest of safety nets for Abdullahi and his fellow tenants. After the shooting, the building’s manager Mark Spence simply shut the home down. Without the proper notification or going through Landlord-Tenant Court, he kicked everyone out and locked the doors. Last Friday, I reported that city officials still aren’t sure where the tenants ended up.

An unlicensed home means simply that the tenants are left in particularly vulnerable positions. But one former Spence tenant did fight his eviction. He took Spence to court.

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Where Did The Residents Of 830 7th Street NE Go?

On January 26, Osman Abdullahi was gunned down by D.C. Police after an altercation inside his unlicensed group home. The home, located at 830 7th Street NE, had no heat, very little food, and no supervision. Abdullahi wasn’t taking his medication at the time. The home’s manager Mark Spence has a long history with troubled group homes. We published a cover story on Spence’s activities and Abdullahi this week.

Within a few days of the incident, Spence effectively shutdown his group home. The lights were turned off. The doors were locked. A mysterious notice to “correct” or “vacate” was placed on the door.

The Department of Consumer and Regulatory Affairs told me they have no record of posting such a notice on the door of 830 7th Street NE. The notice cited overcrowding as an issue. Spence had 30 days to correct the overcrowding problem or face some kind of fine or eviction. I saw the notice. The notice did not have DCRA letterhead or a name and phone number of an inspector who made the determination.

I asked Spence about the note. He told me the building’s owner could have posted it. He added that he had cleared everyone out of the building. This is a clear violation of landlord-tenant regs. No one stopped Mr. Spence from ignoring the law.

The Office of the D.C. Long-Term Care Ombudsman Program has had frequent encounters with Spence’s work, dating to 1999, according to Jerry Kasunic, the office’s current director.

Today, Kasunic met with the Department of Mental Health. He had one question for the department: Where did the residents of 830 7th Street NE go?

The department’s answer: We don’t know.

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This Is What a Group House Looks Like

Look at it. Go ahead and stare. This is what a District group house looks like. This is the scene from the Jan. 26th police shooting death of Osman Abdullahi. He had been suffering from schizophrenia. He had been living at this group home, located at 830 7th St. NE, since Nov. 1.

The Department of Mental Health has repeatedly stressed that this was not technically a group home. It was not one of their own. It had not been licensed as one. It didn’t get a handy acronym that I won’t even bother explaining. It didn’t have the proper paperwork. But it was a group home. Many of its tenants were mentally ill. [All five I talked to or researched had been in the system]. All were unsupervised. This house had a history, a backstory. Abdullahi had a story, too. We first wrote about the incident later that night. I get to expand on my reporting for this week’s cover.

While DMH gets to breathe a sigh of relief that this wasn’t one of their own homes, its people were still inside. Its people were living without food, without heat, without meds, without supervision. So take a look at where some D.C. residents were living. Who’s going to prevent this from happening again? Who’s going to make sure there’s someone competent watching over our most vulnerable? While DMH is investigating the house, the big question is: Did any of their people ever do a site visit, ever actually come to the house?

More pictures after the jump.

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Banita Jacks Deemed Fit To Stand Trial

If at first you don’t succeed, try, try try and try again. Today in D.C. Superior Court, Banita Jacks was deemed mentally fit to stand trial. D.C. Superior Court Judge Frederick H. Weisberg had previously ordered Jacks to be mentally evaluated three times. In each of those three times, Jacks refused to cooperate. This past Fall, the judge ordered Jacks’ transfer to St. Elizabeths. She was then diagnosed with a psychiatric disorder and prescribed Haldol.

Now, the Washington Post, reporting from today’s hearing before Judge Weisburg notes:

“But in the hospital’s most recent report filed yesterday, hospital staff said Jacks had made progress and was no longer taking medication. They also asked the court to keep Jacks at the hospital until her trial to ‘assure her competency.’”

Does this make any sense? She’s competent to stand trial as long as she remains at St. Elizabeths. Jacks was arrested last January after marshals found the bodies of her four daughters in her home. The news of the murders rocked Child and Family Services and became national news. Jacks has since refused the assistance of two defense attorneys. It is unclear whether Jacks still wants to represent herself at trial. It is also unclear how Jacks is suddenly off meds and competent.

Inauguration Parking Wars

Apollo Gonzales, a Capitol Hill listserv poster is upset his neighborhood wasn’t warned that a portion of 18th Street SE would be lined with “No Parking” signs come inauguration-time.

Upon first spotting the signs on Jan. 16, Gonzales was completely perplexed:

“Can someone explain to me why Emergency No Parking signs went up today on both sides of 18th SE north of Mass and south of Independence? They are randomly placed up and down both sides of the street. Does this mean that from today until the 23rd, when the city is more crowded than ever in history, I’m gonna have to go somewhere else to find parking?”

The resident soon figured out that despite 18th St. SE not being mentioned on a DC government Web page that spells out parking restrictions and road closures for the inaug…yes, he would have to find alternative parking. He writes in another post:

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Not Using the Inaugural Bike Valet? You Can Still Park Your Cycle

Yesterday, the Washington City Paper’s own Darrow Montgomery asked an important question in the comments section of a post focusing on the flood of RSVPs (as of now, over 1,300) the Washington Area Bicycle Association has received for its Inaug-Day bicycle-parking service: “What happens to bikes locked up outside these areas?”

Seeking an answer, City Desk contacted Kevin Griffis, spokesman for the Presidential Inaugural Committee. “As long as [a parked/locked bike isn't] obstructing traffic, it should be fine,” Griffis said, but suggested we contact MPD to be sure.

D.C. police spokeswoman Traci Hughes had this to say about the subject via email: “If your readers want to park and lock outside the parade perimeter as they would on a normal day that is fine.” Hughes then added that bikers should, “Keep in mind there may be theft issues considering the number of people.”

An email from First District Commander David Kamperin was similar in nature, except the officer had his own keep-in-mind. “Keep in mind [bikers] are prohibited from securing to official signs, posts, etc.”

James R. Sebastian, the District Department of Transportation’s bike program manager, also offered up some advice on inaugural bike parking: Read More “Not Using the Inaugural Bike Valet? You Can Still Park Your Cycle” »

Robert Wone Civil Case: Is It Flawed?

On November 25, attorney Benjamin J. Razi filed civil suit on behalf of Robert Wone’s widow. The suit was filed against the three roommates—Joseph Price, Victor Zaborsky, and Dylan Ward—who have been charged with obstruction of justice. The civil complaint lays out a wrongful-death case; the family is seeking $20 million. But I wonder if there isn’t a huge flaw in the case already. Did the family file its civil case too late?

Under “Count One: Wrongful Death,” plantiff’s attorney Razi cites the District of Columbia’s Wrongful Death Statute, D.C. Code 16-2701.

That statute basically defines wrongful death and sets the definition and scope. But D.C. Code 2702 lays out who can bring a wrongful-death case and the statute of limitations for such cases:

“An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within one year after the death of the person injured.”

Robert Wone was murdered on August 3, 2006. His death is more than two years old. So, did Razi—a partner with big-time firm Covington & Burling—make such an error and file his wrongful-death case too late?

Razi isn’t saying.

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D.C. Superior Court Jury Duty: A Review

Yesterday, I spent some solid time in the jury lounge of D.C. Superior Court fulfilling my civic duty. Ever since, D.C. Superior Court started going after truant jurors, it’s been a good idea to not buck the system and accept that you’re gonna have to do some time in the third-floor jury room.

So here’s a review:

1) You May Run Into An Inside-the-Beltway Celebrity: I decided to dress way down for my jury duty. The thinking was I’d look bad enough that no lawyer would want me deciding their case. I didn’t shave. I wore my old hoodie, dirty blue pants, and green sneakers. I looked like an asshole. (Full disclosure: I wore the same outfit to work the day before and the day before that). There is a problem with this strategy. A big problem. You Might Run Into Someone Famous, Someone Who Could Get You A Job In the Obama Administration.

Obama’s people are everywhere. They even serve jury duty. Yesterday, John Podesta, co-chairman of Obama’s transition team, reported to Superior Court for jury service. I took pride in spotting him the minute he walked past me in line. I took pride in knowing he had no idea who I was.

The point: dress up, and shave. And bring your resume. I did overhear one juror bragging that he had given Podesta his resume. That guy had guts.

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Will You Owe Taxes on Your Inauguration Rental?

District folks renting out houses and apartments for inauguration-week are by now aware that the DC government has decided not to assess sales tax on those transactions. But sales tax isn’t the only way to end up owing a percentage of inaug-rental profits to the local tax office. There’s also income tax.

Online real estate publication UrbanTurf, in a November article, tells its readers that “money made on temp rentals is subject to taxes and should be reported on your individual income tax return. However, many people will probably toss these laws and regulations aside.This week presents too good an opportunity to fly under the radar and make a chunk of cash that will pay your rent for the coming months.”

But contacting the DC tax office reveals that any coming inauguration housing boom is unlikely to inspire area residents to “fly under the radar” by committing  tax fraud, as there will be no reason to. According to an announcement sent out by tax office spokesperson Natalie Wilson:

“District residents renting transient accommodations for the Inauguration celebration who are not required to file the D-30 are also not required to report their receipts as gross income for District of Columbia income tax purposes to the extent they are not required to report such income for federal income tax purposes.”

In other words, the District tax office will only ask temporary-hoteliers to report their profits if the federal tax office does. And what are the chances that the IRS will? Slim. IRS spokesperson James Dupree points out the following passage in “IRS Pub 527, “Residential Rental Property” as speaking to the issue.

“Exception for minimal rental use. If you use the dwelling unit as a home and you rent it fewer than 15 days during the year, do not include any of the rent in your income and do not deduct any of the rental expenses.”

So fourteen days or under, no tax.  But, Dupree cautions, “since every situation is different, there are undoubtedly going to be situations where the income needs to be reported in full and any deductible expenses are limited.”

*photo by Daquella manera

Senators Are Right about Inauguration Bar Hours

Today’s WaPo brings news that two senators are bitching about the impending move to allow bars and nightclubs to stay open till 5:00 am throughout the inauguration madness. This is our city, of course, and I don’t particularly care what a pair of senators from California (Feinstein) and Utah (Bennett) have to say about how we run the place.

Trouble is that in this case, they happen to be right.

This is a big giveaway to the very powerful Restaurant Association of Metropolitan Washington, which came up with the idea in the first place. By extending the hours, of course, all kinds of businesses will pull in extra cash.

D.C.’s police union chief, Kristopher Baumann, has raised hell about the diversion of crime-fighting resources that the extended hours will cause. People out in the neighborhoods, Baumann has said, will be left with scant police protection because all the officers will be covering the nightlife areas. As union boss, Baumann’s complaints can often be dismissed as idle carping about nothing.

But think about the scenario–we’re going out of our way to extend bar and club hours, and for what? So the police can prowl the streets collaring people for disorderlies and DUIs all the way up to 7 am? It’d be nice to think that the spirit of Election Night will linger; in other words, that people will be joyous and peaceful and so on. But four nights of almost-to-dawn revelry provides a huge opening for the knuckleheads of the world to have their day.

Plus, the move lays bare the District’s political bias. How come they didn’t do this the last time Bush was inaugurated? Bad policy all around.

For more on the inauguration, including the latest news, housing and rentals, parties, and events, check out City Paper’s DC Inauguration Guide.

Robert Wone Case: Two Possible Gaps in Police Work

The murder of Robert Wone is a tragic case. The circumstances of his murder are presented in the affidavit’s now famous, grim narrative of drugging, stabbing, and sexual assault. Yesterday, a prominent lawyer called me to point out two holes in the law man’s narrative involving the three—Victor Zaborsky, Dylan Ward, and Joe Price—now charged with obstruction of justice. The lawyer, who has zero involvement in this case, says these are holes any defense attorney would do well to exploit.

Defense attorneys have already started filing stuff in D.C. Superior Court. They may well turn their attention to these holes in the prosecutor’s case if they haven’t already.

Read More “Robert Wone Case: Two Possible Gaps in Police Work” »

Bike Valet Station Coming to Inauguration 2009?

Update: It’s on. Find out how to use the inaugural bike valet here

The Washington Area Bicycle Association’s Henry Mesias says a 2:30 meeting between the organization and the District Department of Transportation yesterday, in which plans to allow WABA to set up a bike valet station for Inauguration Day were discussed, “went well.”  But he also says that the organization won’t know if inauguration-goers arriving by cycle will be able to hand their vehicles over to a crew of frocked WABA volunteers, until later: A number of folks “at the top of the ladder” will have to sign off on the idea, he explains.

Mesias is hoping that, for the sake of inaugural-pedalers, the station gets approved. “Biking will be the best way to get to the inauguration,” he contends, “roads are going to be out of the question and Metro will be overburdened. [Without a valet station] there might  be a lot of people parking their bikes in places they shouldn’t and getting their bike locks cut by Secret Service.”

District Jury Rids Henson Ridge Of One Troublemaker

In July, Washington City Paper reported on the tensions and troubles at Henson Ridge, a new mixed-income housing development. Crime was an issue. The fall-out from the real estate market had also slowed sales of homes. Despite the well-manicured lawns, houses got shot up. Someone had been stabbed. And now, the U.S. Attorney’s Office reports a major bust and conviction of a Henson Ridge resident found with more than 50-grams of crack cocaine. It actually was a lot more. He had more than 260 grams hidden in his Henson Ridge basement.

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Fire Department Faces Internal Strife Over Mount Pleasant Blaze

It was reported a few weeks ago that two D.C. Fire Investigators are now checking fire hydrants after claiming the Eastern Market fire was arson. Now, a firefighter is under scrutiny for critiquing the way the Mount Pleasant fire was handled. The Fire Department brass is allegedly blaming the catastrophe on one firefighter–saying she should have checked the basement (where the blaze began). The firefighter says she was redirected up a few floors and has the radio transcript to prove it.

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DeOnte Rawlings in Mid-Morning Blog Post

A belated kudos to the Washington Post editorial page, for nailing a thoroughly reported editorial-cum-investigative piece on the DeOnte Rawlings situation. Though we’ve already cited the piece in our fabulous Loose Lips Daily, a more complete breakdown is in order.

Rawlings, 14, was shot and killed by an off-duty police officer on Sept. 17, 2007. Subsequent investigations by the U.S. attorney’s office and the police department have concluded that the officer, and another off-duty police official, broke no laws or departmental rules. They returned to their jobs.

The Post editorial concerns itself with the city’s handling of the case, a response characterized by secrecy; details of the investigations have not been released to the public. Here are some of the shocking-but-then-again-not-so-shocking revelations in the Post editorial:

James Haskel, the officer who shot Rawlings, pursued the youth after he found a minibike missing from his garage. Haskel and another officer spotted Rawlings riding it and testify that Rawlings shot at them. So Haskel fired back, hitting Rawlings with a fatal shot to the head. Though the U.S. attorney’s office exonerated the officer, the Post points to some holes in the case: “No gun was ever found, the minibike went mysteriously missing and the officers, who at the time did not identify themselves as police, left the scene — issues that have never been adequately addressed.”

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