Rare Book Monthly

Articles - August - 2016 Issue

The U. S. Constitution Saved this Book Thief $510.

We have all heard a police officer reciting the Miranda Rights. Hopefully, we have heard it on a crime drama on television, rather than from having a police officer recite them to us personally. You know the line: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." Recently, those rights saved a book thief $510. However, they did not get him off.

 

Usually, these cases are focused on the first part of these rights, the right to remain silent. In this case, the issue was the second part, the right to an attorney. More specifically, it concerned the right to a free attorney for those without the money to pay for one. Of course, you would think a thief of all people shouldn't be wanting for money, but that's another story.

 

The right to an attorney emanates from Sixth Amendment to the United States Constitution. That is the one that provides for the right to a speedy trial, an impartial jury, to be informed of the charges, to have the right to confront witnesses, and finally, to have the assistance of counsel. In a 1963 case, the U. S. Supreme Court ruled anyone accused of a felony but unable to afford counsel was entitled to have an attorney provided at the expense of the state. No constitutional right is very meaningful if it is only available to those of adequate financial means. That is why the court has ruled against such actions as the poll tax, which limited the right to vote to people who could afford to pay the tax.

 

In 2013, Bill Joe Davis, II, of Milwaukie, Oregon was convicted of stealing around 50 books from various Portland area libraries. That's not a misspelling. That is how they spell "Milwaukee" in Oregon, just as someone named "Billy Joe" is called "Bill Joe" instead. Heck, they even pronounce the "on" part of "Oregon" as "'n." They are distinctive in Oreg'n. Bill Joe had checked out $3,800 worth of library books, but never returned them. It wasn't just that he forgot to return them. Instead, he was selling them to stores and online. Davis maintained the library books were accidentally mixed together with his own books before being sold, but the jury must have concluded that was a bit too many "accidents" to be believed. He was sentenced to 2 years and 2 months in prison, ordered to provide restitution of $3,800 to the libraries, and pay the $510 bill of his attorney.

 

Davis appealed to the Oregon Court of Appeals, where he won one and lost one. Unfortunately for Mr. Davis, he lost the larger claim, but a small victory is better than none at all. He tried to get the entire conviction overturned on the grounds the court had permitted the introduction of inadmissible evidence. The trial court had allowed evidence that he had previously been convicted of stealing books from a Friends of the Tigard Library book sale. Evidence of similar prior crimes is generally not admissible, the requirement being to show guilt in the current case, not a prior one. However, there are exceptions. The appeals court ruled none applied here. However, it determined that presenting evidence of the Friends of the Library sale theft was harmless error since Davis did not contest the presentation of evidence of his theft from the Multnomah County Library. In effect, presenting one more straw didn't make any difference since the camel's back was already broken, without objection from Mr. Davis.

 

That led to the $510 bill for attorney's fees. The appeals court quickly threw that out. Davis had a court appointed attorney, for whose services he was billed. The court threw the burden of proving a lack of financial need on the state. The prosecution had not presented any evidence that Davis could afford to pay for his attorney. Absent of a showing that the defendant could afford to pay for his attorney, the appeals court ruled that such a presumption could not be made. Davis will not have to pay that $510 portion of the judgment against him, but everything else stands.

Rare Book Monthly

  • ALDE, May 28: KIPLING (RUDYARD). Le Livre de la Jungle. – Le IIe livre de la Jungle. Paris, Sagittaire, Simon Kra, 1924-1925. €3,000 to €4,000.
    ALDE, May 28: NOAILLES (ANNA DE). Les Climats. Paris, Société du Livre contemporain, 1924. €50,000 to €60,000.
    ALDE, May 28: MILTON (JOHN). Paradis perdu. Quatrième chant. S.l., Les Bibliophiles de l'Automobile-Club de France, 1974. €2,000 to €3,000.
    ALDE, May 28: LEBEDEV (VLADIMIR). Russian Placards - Placard Russe 1917-1922. Saint-Petersbourg, Sterletz, 1923. €1,000 to €1,200.
    ALDE, May 28: MARDRUS (JOSEPH-CHARLES). Histoire charmante de l'adolescente sucre d'amour. Paris, F.-L. Schmied, 1927. €1,500 to €2,000.
    ALDE, May 28: TABLEAUX DE PARIS. Paris, Émile-Paul Frères, 1927. €2,000 to €3,000.
    ALDE, May 28: LA FONTAINE (JEAN DE). Les Fables illustrées par Paul Jouve. S.l. [Lausanne], Gonin & Cie, 1929. €4,000 to €5,000.
    ALDE, May 28: SARTRE (JEAN-PAUL). Vingt-deux dessins sur le thème du désir. Paris, Fernand Mourlot, 1961. €1,500 to €2,000.
    ALDE, May 28: [BRAQUE (GEORGES)]. 13 mai 1962. Alès, PAB, 1962. €3,000 to €4,000.
    ALDE, May 28: MIRÓ (JOAN). Je travaille comme un jardinier. Avant-propos d'Yvon Taillandier. Paris, Société intenationale d'art XXe siècle, 1963. €1,000 to €2,000.
    ALDE, May 28: MAGNAN (JEAN-MARIE). Taureaux. Paris, Michèle Trinckvel, 1965. €3,000 to €4,000.
    ALDE, May 28: PICASSO (PABLO). Dans l'atelier de Picasso. 1960. €15,000 to €20,000.
  • Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Winston Churchill. The Second World War. Set of First-Edition Volumes. 6,000 USD
    Sotheby’s, Available Now: A.A. Milne, Ernest H. Shepard. A Collection of The Pooh Books. Set of First-Editions. 18,600 USD
    Sotheby’s, Available Now: Salvador Dalí, Lewis Carroll. Alice's Adventures in Wonderland. Finely Bound and Signed Limited Edition. 15,000 USD
    Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Ian Fleming. Live and Let Die. First Edition. 9,500 USD
    Sotheby’s, Available Now: J.K. Rowling. Harry Potter Series. Finely Bound First Printing Set of Complete Series. 5,650 USD
    Sotheby’s, Available Now: Ernest Hemingway. A Farewell to Arms. First Edition, First Printing. 4,200 USD
  • Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th May 2024
    Forum, May 30: Potter (Beatrix). Complete set of four original illustrations for the nursery rhyme, 'This pig went to market', 1890s. £60,000 to £80,000.
    Forum, May 30: Dante Alighieri.- Lactantius (Lucius Coelius Firmianus). Opera, second edition, Rome, 1468. £40,000 to £60,000.
    Forum, May 30: Distilling.- Brunschwig (Hieronymus). Liber de arte Distillandi de Compositis, first edition of the so-called 'Grosses Destillierbuch', Strassburg, 1512. £22,000 to £28,000.
    Forum, May 30: Eliot (T.S.), W. H. Auden, Ted Hughes, Philip Larkin, Robert Lowell, Seamus Heaney, Ted Hughes, & others. A Personal Anthology for Eric Walter White, 60 autograph poems. £20,000 to £30,000.
    Forum, May 30: Cornerstone of French Enlightenment Philosophy.- Helvetius (Claude Adrien). De l'Esprit, true first issue "A" of the suppressed first edition, Paris, 1758. £20,000 to £30,000.
    Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th May 2024
    Forum, May 30: Szyk (Arthur). The Haggadah, one of 125 copies, this out-of-series, Beaconsfield Press, 1940. £15,000 to £20,000.
    Forum, May 30: Fleming (Ian). Casino Royale, first edition, first impression, 1953. £15,000 to £20,000.
    Forum, May 30: Japan.- Ryusui (Katsuma). Umi no Sachi [Wealth of the Sea], 2 vol., Tokyo, 1762. £8,000 to £12,000.
    Forum, May 30: Computing.- Operating and maintenance manual for the BINAC binary automatic computer built for Northrop Aircraft Corporation 1949, Philadelphia, 1949. £8,000 to £12,000.
    Forum, May 30: Burmese School (probably circa 1870s). Folding manuscript, or parabaik, from the Court Workshop at the Royal Court at Manadaly, Burma, [c.1870s]. £8,000 to £12,000.
  • Ketterer Rare Books
    Auction May 27th
    Ketterer Rare Books, May 27:
    K. Marx, Das Kapital,1867. Dedication copy. Est: € 120,000
    Ketterer Rare Books, May 27:
    Latin and French Book of Hours, around 1380. Est: € 25,000
    Ketterer Rare Books, May 27:
    Theodor de Bry, Indiae Orientalis, 1598-1625. Est: € 80,000
    Ketterer Rare Books
    Auction May 27th
    Ketterer Rare Books, May 27:
    Breviary, Latin manuscript, around 1450-75. Est: € 10,000
    Ketterer Rare Books, May 27:
    G. B. Piranesi, Vedute di Roma, 1748-69. Est: € 60,000
    Ketterer Rare Books, May 27:
    K. Schmidt-Rottluff, Arbeiter, 1921. Orig. watercolour on postcard. Est: € 18,000
    Ketterer Rare Books
    Auction May 27th
    Ketterer Rare Books, May 27:
    Breviarium Romanum, Latin manuscript, 1474. Est: € 20,000
    Ketterer Rare Books, May 27:
    C. J. Trew, Plantae selectae, 1750-73. Est: € 28,000
    Ketterer Rare Books, May 27:
    M. Beckmann, Apokalypse, 1943. Est: € 50,000
    Ketterer Rare Books
    Auction May 27th
    Ketterer Rare Books, May 27:
    Ulrich von Richenthal, Das Concilium, 1536. Est: € 9,000
    Ketterer Rare Books, May 27:
    I. Kant, Critik der reinen Vernunft, 1781. Est: €12,000
    Ketterer Rare Books, May 27:
    Arbeiter-Illustrierte Zeitung (AIZ) / Die Volks-Illustrierte (VI), 1932-38. Est: €8,000

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