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Jovial Private Bartender Snaps; Assaults and Drags Obnoxious 84-Year-Old Club Patron

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by Darcia Helle

How well do we really know the people we frequently interact with? This is the question my parents and many of their friends are asking themselves these days.

audrey10We live in New Port Richey, Florida, which is a small city in Tampa Bay. My parents are members of a private club here in town. The club has approximately 1,500 members, though only a small percentage could be considered regulars. Many of the members are “snowbirds”, spending the summer months in northern states. Consequently, the club rarely reaches its 300-person capacity during our sticky humid summer nights.

Oktoberfest 2009 - OpeningThe majority of members are middle-aged to senior citizens. This is not a young, boisterous crowd. There are no bouncers at the door or security personnel wandering about. You won’t find bathroom drug deals or parking lot brawls. In fact, you won’t even find late-night parties. For the most part, the evenings include an early dinner, a band, dancing, some drinking, and people home by ten. Not an environment conducive to bar fights, which is just one of the things that makes the events of June 2 so baffling.

audrey7This particular Monday night was fairly quiet at the club. The band was playing, people were dancing, drinks were poured and enjoyed. The atmosphere was, as usual, happy and lighthearted. One couple in attendance was 84-year-old Audrey Nichols and her much younger boyfriend. Audrey apparently felt the music was too loud that night. She complained to her boyfriend, who in turn got up and complained to the band. This is not the protocol for complaints at the club. If members have a problem, they are to go to an elected trustee. If one is not in attendance, the complaint should be taken to the bartender. But breaking protocol does not explain what happened next.

At approximately 8:45 p.m., bartender Patricia Smith approached Audrey and her boyfriend. Patty was upset that Audrey hadn’t followed protocol, and admonished her for bothering the band. Audrey’s response to this was to call Patty a “bitch”.

audrey2A rational, professional reaction to the insult would have been to go back behind the bar. Bartenders at the club are effectively in charge. Patty could have reported Audrey’s behavior and had her membership revoked. She could have called the police and had Audrey escorted out. But this is not what happened. The details differ some, but here is what we know for fact: Patty grabbed Audrey by the arm to usher her out of the club. Audrey, a frail woman under hospice care, resisted. She lost her balance. Patty proceeded to drag her out the first door and into the foyer. At that point Audrey’s boyfriend pulled Patty away, and Audrey was left lying on the floor.

AudreyThis reaction to being sworn at is not only irrational but, by all accounts, is totally out of character for the bartender. Patty has served drinks at the club for several years and has never once shown the slightest inkling of aggression. Her boss, the head bartender is shocked, as are the members. My parents tell me that Patty was always smiling, always joking with the club members. Everyone liked her and no one understands how or why the exchange between Patty and Audrey escalated to such extremes.

Police were immediately called to the scene. Due to conflicting witness statements, at that time police did not have probable cause to arrest Patty. Audrey was taken to the hospital, where she was treated for assorted minor injuries.
Later, the damning surveillance video was viewed by police. Patty was arrested on Friday, June 6, and charged with ‘battery on a person 65 or older’. She has since been released on $5,000 bail.

audrey8Patty claims that Audrey was the first to get physical. After Audrey called her a bitch, Patty says: “Next thing I know…the lady slapped me. And then she grabbed my clothes and tried to rip my clothes off.” This claim, however, is not supported by any of the surveillance cameras inside the club. At this time, it’s unclear as to whether witnesses can or will corroborate her version of events.

Regardless of who did or didn’t strike first, no one is arguing that Patty’s behavior was justified. Except, perhaps, Patty herself, which further baffles the people who thought they knew her. Patty claims she was merely escorting the obnoxious woman outside. “And about that time she [Audrey] lost her balance. She fell on the floor. I just dragged her a couple of inches to get her through the door.”

Even those who like Patty have to admit that “just” dragging her “a couple of inches” is not what the video shows. Nor is it exactly a statement of remorse.

In fairness to Patty, Audrey Nichols has a reputation for stirring up trouble. Word is that she’d already had her membership revoked from a different club. She is not the blameless victim the media has made her out to be. Still, being obnoxious is not reason enough to warrant an assault.

Patty Smith

Patty Smith

Club members are further shocked by Patty’s physical appearance on local news. In interviews, she looks rugged, rough, almost thuggish. In viewing these images and listening to her interviews, someone who doesn’t know Patty would easily be forgiven for jumping to the conclusion that she’s the sort of person who has a nasty temperament. According to those who regularly interacted with her, this image of her is out of place. She’d always looked put together and, some say, “cute”.

All this leaves us wondering who the real Patricia Smith is. Granted, we all have a slightly different work persona, but rarely do we stray that far from our true personality. Or maybe we do. How well do we really know one another?

We might never know what prompted a seasoned, even-tempered bartender to suddenly snap as she did. Patty has been fired and will likely have a difficult time finding a new job. Hindsight, of course, is a glorious thing. Patty now says, “I never thought this would happen in a million years. I did not want to hurt that lady in any way.” But “hurt that lady” is exactly what she did. Now a lot of people are left shaking their heads in bewilderment, wondering if they’d missed the signs that Patty was anything other than the happy, well-adjusted bartender and friend they thought her to be.

Please click to below to view Darcia’s Helle’s many excellent posts:

Frank Lloyd Wright and the Great Gasoline Mass Murder

Edward Elmore Rode the Legal Railroad to 30 Years on Death Row: His Crime? Simple! He Was Black and Poor

 “The Wrong Carlos”: Non-Violent Manchild Executed for Murder He Did Not Commit

The Electric Chair Nightmare: An Infamous and Agonizing History

Autopsies: Truth, Fiction and Maura Isles and Her 5-Inch-Heels

Don’t Crucify Me, Dude! Just Shoot Me Instead! Spartacus and Death by Crucifixion

To Burn or Not to Burn? Auto-Da-Fé Is Not Good for Women or Children!

The Disgraceful Entrapment of Jesse Snodgrass: Keep the Narcs Out of Our Schools

Why Should I Believe You? The History of the Polygraph

“Don’t Behead Me, Dude!”: The Story of Beheading and the Invention of the Guillotine

Aileen Wuornos, America’s First High-Profile Female Serial Killer, Never Had a Chance

The Terror of ISO: A Descent into Madness

Al Capone Could Not Bribe the Rock: Alcatraz, Fortress of Doom

Cyberspace, Darknet, Murder-for-Hire and the Invisible Black Machine

darcDarcia Helle lives in a fictional world with a husband who is sometimes real. Their house is ruled by spoiled dogs and cats and the occasional dust bunny.

Suspense, random blood splatter and mismatched socks consume Darcia’s days. She writes because the characters trespassing through her mind leave her no alternative. Only then are the voices free to haunt someone else’s mind.

Join Darcia in her fictional world: www.QuietFuryBooks.com

 

The characters await you.


Ohio Defense Attorney on Trial for Alleged Client Rape, Kidnapping and Public Indecency (And a Whole Lot More…)

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Commentary by Patrick H. Moore

When I was fresh in L.A. just starting to work in criminal defense, a young lawyer (that means he was 40) took me aside and regaled me with tales of how it used to be in the good old days when the legal profession in L.A. had an element of corruption and how it was not uncommon for defense attorneys to have judges “in their pocket”, which of course means that they could be “bought” if the defendant could come up with sufficient coin of the realm.

I think those days are largely, if not entirely, gone in today’s Los Angeles legal climate which is characterized by modern button-down lawyers, a few old (and highly ethical) stalwarts, and dour, painfully serious judges, which of course — on balance — is a good thing, and I had more or less forgot about that story until today when a case of alleged lawyerly corruption out of Columbus, Ohio jogged my pea-brain.

Steven Hoffer of Huffington Post Writes:

armengau trialAn Ohio attorney is accused of raping a woman in a courthouse conference room after she refused to have sex with a judge.

Columbus-based criminal defense attorney Javier Armengau, 52, allegedly tried to convince the mother of his client to perform oral sex on a judge, The Columbus Dispatch reports. Armengau said that the judge was “in his pocket” and that by pleasing him the woman could obtain a favorable sentence for her son, the alleged victim said in her testimony.

According to the report, the woman refused Armengau’s “I’ve got him in my pocket” offer, and in response he allegedly assaulted her sexually in a conference room.

The Columbus Dispatch reports:

The woman said that she made numerous visits to Armengau’s office and that on at least 10 occasions he stripped naked and masturbated in front of her.

The rape, she said, occurred when Armengau took her into a conference room outside the courtroom after her son’s sentencing and forced her to perform oral sex on him.

armen4At the risk of being obvious, it appears that the illustrious Armengau had oral sex on the brain.

These particular allegations come from the third of five women who have brought accusations against Armengau. The beleaguered and over-sexed lawyer is currently on trial for charges of rape, sexual battery, gross sexual imposition, kidnapping and public indecency.

John Futty of the Dispatch writes:

armen3A woman testified yesterday that Columbus lawyer Javier Armengau tried to persuade her to perform oral sex on the judge who was handling her son’s criminal cases, and later raped her in a courthouse conference room after her son was sentenced to prison.

The 48-year-old woman became increasingly frustrated and combative with one of Armengau’s attorneys, who tried to point out inconsistencies between her testimony and statements she made to Columbus police.

“I don’t know where you’re getting this,” the woman said of her interview with police, “but I’d love to see it.”

After these cantankerous exchanges, defense and prosecuting attorneys conferred with the judge, who decided that the woman should watch the video of her police interview outside of the sight of the jury, apparently to get her story straight.

armen8In her testimony, the woman said Armengau asked her to perform oral sex on the judge in his Brewery District office on the night before her son was to be sentenced for violating probation in a burglary case. The witness stated she didn’t recognize the other man in the office, but Armengau told her that he was Common Pleas Judge Richard A. Frye and, according to the witness, he made the suggestion about performing fellatio on the judge in front of the judge.

The witness stated that Armengau told her that her son would go free if she “did” the man, but she claims that she refused and that the same man (Judge Frye) sentenced her son to four years in prison the next day — Aug. 26, 2008.

armen6According to the witness, the rape took place when Armengau took her into a conference room outside the courtroom after her son was sentenced to four years and forced her to perform oral sex on him.

When she was questioned by Assistant Ohio Attorney General Daniel Breyer, the woman said she “bawled and screamed” during the rape but no one heard her.

When cross-examined, she confirmed that she told police that as many as 20 people were in the lobby outside the room.

armen5It appears that the video of the witness’s police interview, which was recorded on April 14, 2013, did contain allegations that contradicted her testimony. For instance, she told the investigators that the rape in the courthouse conference room occurred a few days or perhaps a week before her son was sentenced, and that Armengau told her, “Do it or your son is going down,” which clearly contradicts her trial testimony that the conference room rape occurred the day after she refused to fellate the judge in Armengau’s office.

Based on all of this, The Marion Star is reporting that the Columbus Bar Association has asked the Ohio Supreme Court to suspend Armengau’s law license.

armen11Armengau, of course, is hanging tough and stated on Monday (perhaps between trial witnesses),“I have not engaged in any wrongful conduct nor have I done anything that should warrant a complaint.”

According to his website, Armengau is a member of the Ohio Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers.

*      *     *     *     *

This is a case where I truly wish that instead of being up to my ears writing an incredibly difficult Federal Sentencing Memorandum, which I’ve been working on all week, I was attending Armengau’s trial, or even better, I wish that I were a member of his jury. We know that out criminal justice system has been groaning under the weight of unethical armen10prosecutors for a very long time. We also know that too many cops are brutal, unethical and corrupt. And I readily admit, that in my 11 years of working in criminal defense, we’ve dealt with too many defense attorneys who want nothing more than to charge an arm and a leg and do as little work as possible. This is the first I’ve heard, however, of anything that vaguely resembles what allegedly transpired in Armengau’s office with the alleged “dirty lawyer” and the witness, with Judge Frye allegedly sitting there, while Armengau told the woman what she needed to do if she valued her son’s freedom.

Somebody go get me a pail so I can upchuck.

Two Dead Sons… Should Reformed Mom Get to Raise Her New Baby Daughter?

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commentary by Patrick H. Moore

During the 16 months All Things Crime Blog has been in existence, one of the burning questions we’ve considered in many of our posts is the question of rehabilitation; i.e., should individuals who are convicted of serious crimes be rehabilitated as opposed to merely being punished with lengthy (and often Draconian) prison sentences. Although I don’t want to put words in anyone’s mouth, it is my belief that most, if not all of our regular contributors, myself included, believe strongly in a rehabilitative model as opposed to one focused solely on punishment and retribution.

Now comes a case that could theoretically test our belief that with proper guidance people can and often will change for the better.

luz3Back in 2005, Luz Arroyo was 25 years old. She lived in the Cromwell Towers apartments in Yonkers with her two children and her boyfriend, David Maldonado, the father of her 20 month old son David Jr. At that time, Luz and David Sr., who were heroin and crack cocaine users, were well-known to DSS (Department of Social Services) based on allegations of domestic violence, and a neglect investigation had been initiated.

In July of 2005, Luz Arroyo was passed out at their apartment sleeping off a drug binge, which left only David Sr. to care for David Jr. and Luz’s other son, Elijah Santana, who was mere weeks shy of his third birthday.

David, who was apparently also far from clean and sober that day, somehow managed to leave the two little boys in the bathroom with the hot water running before passing out like a pole-axed steer (either that or one of the boys turned the hot water on and couldn’t turn it off). The bathroom had a broken door that jammed easily which was to prove instrumental in the tragedy that followed.

Jonathan Bandler and Richard Liebson The Journal News write:

luz5For more than two hours, the young half-brothers squirmed on their tiptoes, trying to escape the scalding water that poured from the bathtub onto the floor.

They probably pushed on the jammed, broken door and cried and screamed, too, but their parents were in the living room of their Cromwell Towers apartment, sleeping off a heroin and crack-induced stupor.

The boys died there, in the steamy, water-filled bathroom, suffering second-degree burns on their backs, legs and feet as their body temperatures reached 108 degrees. It was a scene so horrific that the six Yonkers police officers who responded were debriefed by stress counselors and temporarily removed from duty.  

Bandler and Liebson note that the deaths of Arroyo’s sons led to widespread criticism of DSS for its handling of her case. After having launched an investigation, the caseworker assigned to the family visited the apartment on June 1, 2005, but made no follow-up visits which led to her being fired after the boys died. Her boss was also terminated by the county for failing to properly supervise the case.

Bandler and Liebson add that two years earlier, DSS also failed to adequately investigate an eerily prescient claim that David Maldonado would discipline Elijah by locking him in a hot room. Elijah would have been approximately one year old at that time.

*     *     *     *     *

luz2Now, almost nine years later, a Westchester Family Court judge must decide whether the mother of the deceased children, Luz Arroyo, is now a fit parent who should be allowed to raise her brand-new infant daughter, Spiritual. The baby, born in late February, was taken from Arroyo at the hospital by Child Protective Services and is currently in foster care.

“The bottom line is that Ms. Arroyo does not present a risk of potential child abuse, neglect or maltreatment with regard to her newborn daughter. She is a completely different person than the person she was nearly a decade ago,” said her lawyer, David Sachs, in a statement to The Journal News/lohud.com.

The problem is that the Westchester County Department of Social Services has made allegations that Arroyo neglected prenatal care for her new baby and apparently does not believe that Luz and Spiritual’s father, Miguel Maldonado, will provide a stable home for the little girl.

Yonkers police Detective James Conca was a lead investigator in the boys’ deaths. He believes that second chances shouldn’t necessarily be given when the welfare of a child is at stake.

“Given a choice between her child and doing something for her own benefit, (Arroyo would) neglect the child,” Conca said. “No doubt in my mind. She’d put herself first.”

*     *     *     *     *

luz6Following the death of her sons, Luz Arroyo, now 34, spent nearly two years in state prison after pleading guilty to criminally negligent homicide. Based on the fact he was supposed to be “on duty” when the children died, David Maldonado took the brunt of the punishment and received a 5-to-15 year sentence. He has been denied parole three times, in part because he has never definitively admitted turning on the hot water that led to the children’s death. Soon, however, he will have served two-thirds of his sentence which means he will soon be released from custody.

Luz Arroyo also has two teenage children. A daughter is being raised by Luz’s mother and a boy is being raised by his paternal grandmother. She also had yet another child in 2009, a girl, who lives with an unidentified relative.

*     *     *     *     *

luz8In trying to determine whether Arroyo should receive custody of her newborn, it is important to note that her life has hardly been “smooth sailing” since she was released from prison after serving her original two-year sentence.

In March 2009, while pregnant, Arroyo was arrested in an undercover sting by New Rochelle police for making arrangements to provide sex for cash. There were ten bags of cocaine involved which were found under her mattress and she was charged with felony drug possession and misdemeanor promoting prostitution charges. She received a reasonably sweet plea deal, considering she had a serious prior conviction, that reduced the drug charge to a misdemeanor, and served six months Westchester County jail.

Then in 2010, Arroyo was accused of making threatening phone calls to a Greenburgh woman. She pleaded guilty to an aggravated harassment charge and was placed on three years’ probation. To her credit, she has tested clean on all her drug tests during her probationary period, which terminated in March.

 

Should Luz Arroyo Be Reunited with her Newborn?

In an attempt to sum up the progress she has made, Ms. Arroyo’s lawyer David Sachs stated that “at first blush” the deaths of her sons “should initially raise some eyebrows” but that Arroyo’s life “has taken a 180 degree turn for the best …”

luz11Sachs is requesting that Family Court Judge Michelle Schauer dismiss the abuse and neglect petitions filed by the DSS and return Spiritual to her mother, saying the allegations “are untimely, wholly lacking in merit and have no basis under the law.”

Sachs also pointed out that DSS has not yet sought to terminate her parental rights, and that the agency’s stated goal at this point is eventually to reunite mother and daughter. Recently, Arroyo’s biweekly visits with Spiritual were increased to weekly sessions. She has also volunteered to undergo drug testing.

According to Sachs, Ms. Arroyo’s drug use is behind her, her housing situation is stable and she has undergone successful psychological treatment and counseling, under the auspices of the county Department of Community Mental Health.

“Having fully paid her debt to society, Ms. Arroyo’s complete reformation of every aspect of her life over the last several years is undeniable and should be viewed by our community as a success …” said Sachs.

According to Sachs, Ms. Arroyo and Spiritual’s father, Miguel Maldonado, are living in subsidized housing provided by the county mental health agency and are current on their rent.

Ms. Arroyo’s obstetrician, Dr. Shahram Razmzan, provided her medical records during pregnancy to the social workers. The doctor stated that although Ms. Arroyo may have missed or rescheduled a few appointments, for the most part she took care of herself during her pregnancy.

“Her prenatal care was not deficient,” Razmzan said. “To me, no, it wasn’t to a level to cause concern to take away her baby.”

Retired Yonkers detective Conca, however, is not about to let Ms. Arroyo’s past be swept under the rug based on the progress she’s made in recent years. He describes Elijah and David Jr.’s deaths as among the worst cases he’s seen during his years of investigating child abuse.

“In terms of how much the babies suffered, they had to die a horrible death,” he said.

???????????????????????Conca, however, admits that Arroyo and Maldonado did not abuse their children, but they did let drugs take over their lives. He said Arroyo “was a weak person who depended on everyone else for help raising those kids. Would I trust her with another baby? No. Everything was always about her.”

Tamar Kraft-Stolar, director of the Correctional Association of New York’s Women in Prison Project, appears to disagree with retired Detective Conca. Although she stated that she could not discuss the case specifically, she said “putting people in a state of perpetual punishment serves no one.”

Ms. Karft-Stolar further stated that “one of our fundamental beliefs is that people have the capacity to change. We have seen over and over again how people who have committed the most egregious crimes can turn their lives around. With the proper support and resources they can become loving, strong parents and contributing members of society.”

*     *     *     *     *

This is a tough call. Although I know little about the philosophy of DSS or Child Protective Services in New York, or anywhere else, I have always heard that Family Court judges typically, although perhaps not invariably, make every effort to reunite families whenever possible.

luzIs such a solution possible in this matter? First, I must admit that I’m somewhat appalled by the way Ms. Arroyo keeps popping out the babies. It makes me think that she may have little overall purpose other than procreating and raising children.

On the other hand, I find two key points that work in her favor. First, there is no evidence that she has ever been an abusive mother. Negligent, yes, in the past, but not abusive. To me this is very important. Second, Ms. Arroyo is now completely drug free and has been for some time. Looking back, her child neglect would appear to have been triggered by her addiction to hard drugs. Thus, if she is allowed to regain custody of Spiritual, it should be with the understanding that she will be drug-tested regularly for the foreseeable future.

Will the Family court judge rule in Luz Arroyo’s favor? I don’t know but given to desire to reunite families, I would not be at all surprised if Luz and Spiritual are eventually back together again.

“Met Her on the Mountain”: Cold Case Social Worker Hog-Tied, Raped and Killed in Appalachia

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by Darcia Helle

Met Her on the Mountain: A Forty-Year Quest to Solve the Appalachian Cold-Case Murder of Nancy Morgan is as much a cultural study as a true crime story. Author Mark I. Pinsky takes us deep into the Appalachian Mountains of Madison County, North Carolina. In some ways, the lifestyle there will feel just as foreign to Americans as the tradition of lips plates of some African tribes.

The story got me thinking about how closely related culture and crime really are. We have the honor killings common to Middle Eastern culture, and the different kind of honor killings common among inner-city gang members. These are familiar cultural crimes, not supported by society at large. But the religious-based honor killings feel far more unnatural to Americans than our own homegrown reputation-based honor killings. This perception is, of course, purely cultural.

annee13When humanitarian Nancy Morgan, fresh out of college, accepted a one-year Vista (the domestic Peace Corps) assignment to work in rural Madison County, North Carolina, she stepped out of her own cultural comfort zone without concern, which was to lead to her brutal rape and murder. In reading her story, I realized she was likely oblivious to just how out of place she appeared to those around her. This lack of insight became her downfall.

Nancy was born on January 6, 1946, on the Barksdale Air Force Base in Louisiana. As a military brat, Nancy was always on the move. She spent her middle school years and part of high school in West Germany, where her father was director of international law for the US Air Force. CIA officers were occasional dinner guests at the Morgan home. The family’s lifestyle provided Nancy with a vast array of social and cultural experiences, and consequently she felt comfortable most anywhere.

annee4In 1962, Nancy’s father was transferred to Washington, D.C., where he worked for the Pentagon. The Morgan family settled in Northern Virginia, where Nancy finished her high school years in upper class suburbia.

Nancy had liberal beliefs on major issues of the time, such as race and sex. She was fascinated by the burgeoning civil-rights movement and horrified by JFK’s assassination. In many ways, Nancy was ahead of her time. The discord of the era moved her deeply, and she wanted to do something to make the world a better place.

Midway through her college years, Nancy’s father was transferred to Scott Air Force Base in Belleville, Illinois. Nancy followed her family, transferring from the prestigious and sheltered Radford College to the much different Southern Illinois University at Edwardsville. There she mingled with a mixture of Vietnam veterans, antiwar protesters, hippies, stoners, older and very straight white students, young black urban students, and rural “hillbilly” types. Sharing classroom space with individuals from this hodgepodge of cultural backgrounds further fueled Nancy’s desire to help change the world for the better. She chose social work as her major, graduating in June of 1969.

The wife of one of Nancy’s professors remembers this about her: “She always had a social conscience and wanted to help people.”

annee7Shortly after graduation, Nancy decided to commit to one year with VISTA (Volunteers in Service to America), which was a national organization similar to the Peace Corps. In October, she went to Atlanta for brief training, which focused on leadership skills and community project ideas. Soon afterward, Nancy was sent to Madison County, North Carolina, where she would, for the first time, be living on her own.

annee2The town Nancy and a handful of fellow VISTA members were sent to was beyond – or perhaps behind – anything Nancy had ever experienced. Only 25 per cent of the homes had indoor plumbing. Tobacco farming was the main source of income. There were no health centers and education was far from a priority. To say the area was poor only brushes the surface of what Nancy’s new environment was like. Madison County was, at that time, very much isolated. They didn’t have televisions. No one there traveled beyond their enclosed world. And few, if any, of the residents were progressive thinkers.

People in the Appalachian Mountains lived by what is called Mountain Justice, which is a code of living that dates back at least 200 years. The code states:

Adhere, believe, do, act, conduct yourself, follow, lead, say and otherwise exhibit, to wit: the straight-and-narrow, biblical, sex-concealing, low-toned, reverent, undemonstrative, Sunday-go-to-meeting way is the only way; be it, get with it brother or sister or reap “mountain justice”.

annee6Sadly, Nancy Morgan was not informed about Mountain Justice during her brief VISTA training. Nor was she properly instructed on the closed culture and distrust of strangers she would encounter. Consequently, Nancy entered this fixed society with her typical carefree attitude, assuming she could assimilate into this community as she had everywhere else during her travels. But Nancy was a progressive thinker, a young woman who rebelled against boundaries based on gender roles. She didn’t understand how her friendly and sometimes flirtatious behavior could be misconstrued as wanton and whorish. And, perhaps most importantly, she didn’t know that a young, independent woman who socialized with men would be seen, in this culturally-closed Appalachian region, as a sinning whore not worthy of protection from the men whose attention she gained. This was particularly true when the victim was an outsider and the criminal was homegrown.

annee3Nancy was killed early in June 1970. She’d been missing for several days before her car was discovered on a secluded mountain trail by a local resident. Her body was in the backseat, hog-tied. She’d been sexually assaulted, most likely by multiple assailants. Her murder, to this day, remains unsolved.

“If it were an outsider who committed that crime… they would be hunted down and prosecuted. But if it were local folks that were responsible for that, then it possibly should be ignored.” – Words of a Local Resident

The investigation, such as it was, made me think of The Beverly Hillbillies, with Barney Fife as Sheriff and the Keystone Cops running haphazardly all over the county. Mountain Justice played its virtuous chords in the background. Corruption isn’t even a word that can be properly applied here, since the “good ol’ boys” mentality was their way of life.

“Everybody said you couldn’t get a fair trial in Madison County.” – Joe Huff, Lawyer

annee10This case is a reminder that, regardless of where we live, we are products of our culture. Even here in the US, we have different beliefs depending on where in the country we were raised. People are often quick to judge one another, basing our opinions on the environment we grew up in. We easily forget, or never acknowledge, that we too might hold different beliefs if we’d grown up elsewhere.

annee12Nancy Morgan’s murder is a cautionary tale for all of us. We need to be aware of our surroundings, not just the beautiful view, but also the cultural differences. In traveling, we cannot expect others to conform to us. No one wants a stranger telling us how we should live or, for that matter, showing us how inadequate we are (in the eyes of the stranger).

I am in no way blaming Nancy for her own murder. She was a young, vivacious woman doing her best to make a difference in a tumultuous time. Blame here lies with the person or people who decided Nancy’s body, and subsequently her life, was theirs to take. But, in fairness, I also think that some of that blame also lies with the culture that produced her killers.

 

Please click to below to view Darcia’s Helle’s many excellent posts:

Jovial Private Bartender Snaps; Assaults and Drags Obnoxious 84-Year-Old Club Patron

Frank Lloyd Wright and the Great Gasoline Mass Murder

Edward Elmore Rode the Legal Railroad to 30 Years on Death Row: His Crime? Simple! He Was Black and Poor

 “The Wrong Carlos”: Non-Violent Manchild Executed for Murder He Did Not Commit

The Electric Chair Nightmare: An Infamous and Agonizing History

Autopsies: Truth, Fiction and Maura Isles and Her 5-Inch-Heels

Don’t Crucify Me, Dude! Just Shoot Me Instead! Spartacus and Death by Crucifixion

To Burn or Not to Burn? Auto-Da-Fé Is Not Good for Women or Children!

The Disgraceful Entrapment of Jesse Snodgrass: Keep the Narcs Out of Our Schools

Why Should I Believe You? The History of the Polygraph

“Don’t Behead Me, Dude!”: The Story of Beheading and the Invention of the Guillotine

Aileen Wuornos, America’s First High-Profile Female Serial Killer, Never Had a Chance

The Terror of ISO: A Descent into Madness

Al Capone Could Not Bribe the Rock: Alcatraz, Fortress of Doom

Cyberspace, Darknet, Murder-for-Hire and the Invisible Black Machine

darcDarcia Helle lives in a fictional world with a husband who is sometimes real. Their house is ruled by spoiled dogs and cats and the occasional dust bunny.

Suspense, random blood splatter and mismatched socks consume Darcia’s days. She writes because the characters trespassing through her mind leave her no alternative. Only then are the voices free to haunt someone else’s mind.

Join Darcia in her fictional world: www.QuietFuryBooks.com

Arizona State Prison Teacher Brutally Raped by Predator Inmate

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commentary by Patrick H. Moore

We all know that prison rape is as American as the Dallas Cowboys. The stronger inmates rape the weaker inmates with disturbing regularity and in recent years, it’s become more and more evident that in numerous penal institutions around the country, the guards rape the inmates, both male and female. A small ray of hope is the fact that to date, I have not heard of any prison wardens raping either the inmates or the guards that work for them. Never say never, though, sooner or later it’s liable to happen. (If I recall correctly, it did happen in the movie, Bonnie and Clyde, when Bonnie favored the warden with her body in return for springing Clyde.)

eye10In January, a new and particularly nasty category of prison rape reared its ugly head in the Eyman, Arizona state prison when a teacher, who was administering the time-honored Graduate Equivalency Exam (GED), was stabbed and raped by a convicted sex offender who apparently felt he had a little reward coming after finishing the exam.

Bob Christie of the AP writes:

eye3A teacher at an Arizona prison was alone in a room full of sex offenders before being stabbed and sexually assaulted by a convicted rapist, according to documents obtained by The Associated Press about an attack that highlighted major security lapses at the facility.

The attack occurred Jan. 30 at the Eyman prison’s Meadows Unit, which houses about 1,300 rapists, child molesters and other sex offenders. The teacher was administering a high school equivalency test to about a half-dozen inmates in a classroom with no guard nearby and only a radio to summon help. The Department of Corrections issued only a bare-bones press release after the attack, but the AP pieced together what happened based on interviews and investigatory reports obtained under the Arizona Public Records Act.

eye6The rapist, a young man named Jacob Harvey, cleverly waited until the other inmates had finished their exams and left the testing area before swinging into action. The records show that Harvey then asked the teacher is she could open up the bathroom and then attacked her, stabbing her in the head with a pen before forcing her to the ground and raping her.

The teacher told investigators that she screamed for help, but none was forthcoming. After completing the act, Harvey chivalrously tried to use her radio to call for help. (This is odd but is reportedly what happened.) The teacher’s phone had apparently been switched to an inactive channel, so Harvey let the woman use another phone, perhaps one there in the classroom.

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So what are we to make of this? Teaching inmates at a state prison is hardly a glamorous position and probably doesn’t pay that well. To be rewarded for your efforts by being raped is truly a low blow.

Bob Christie writes:

eye5Carl ToersBijns, a former deputy warden at the prison, said the assault highlights chronic understaffing and lax security policies that put staff members at risk.

“Here you’ve got a guy that commits a hell of a crime … and he’s put into an environment that actually gives him an opportunity to do his criminality because of a lack of staffing,” said ToersBijns, who was deputy warden at the Eyman prison in Florence until retiring in 2010 and oversaw the Meadows Unit for 19 months.

The state prison officials, however, are apparently unconcerned. They say assaults of this nature come with the territory when your job is to oversee violent prison inmates (even apparently in a teaching capacity).

Jacob HarveyA cursory glance at Jacob Harvery’s history reveals that he was in the first year of a 30-year sentence for raping a Glendale, AZ woman in November 2011. Only 17 at the time, he had knocked on the female victim’s door in the middle of the day and asked for a drink of water, then forced his way inside, where he repeatedly raped and beat her while her 2-year-old child, who was in the apartment, no doubt cowered in fear. Harvey then fled naked when the woman’s roommate arrived home.

His arrest resulted from DNA evidence that connected him to the crime, and led to a guilty plea.

eye2In Arizona violent felons are classified from Class 1 (least dangerous) to Class 5 (most dangerous). Harvey started out in Class 4 and was kicked down a notch six months later, despite violating prison rules at least once.
According to Department of Corrections spokesman, Doug Nick, classrooms at prisons across the state are having cameras installed. He stated, however, that no administrative investigation was launched after the teacher’s rape because there was no need. Nor was there any need for anyone to be disciplined. He also said that all prisons are dangerous places and that staff are trained accordingly.

“This is an assault that reflects the fact that inmates in our system often act out violently, and it is the inmate suspect who is responsible for this despicable act.”

eye7Well of course the inmate rapist is responsible but it does seem that if individuals are going to be called on to teach these “animals”, they should be protected while carrying out their duties, shouldn’t they?

Nick also pointed out that not having a guard in classrooms or nearby “follows accepted corrections practices nationwide.”

Carolyn Eggleston, a professor at California State University, San Bernardino, who worked as a prison teacher in several states and is now director of the university’s Correctional and Alternative Education Program, disagrees with Spokesman Nick:

“I have to say, I don’t find that consistent with standards. In a sex offender unit, especially, they should be counting the people leaving the classroom. They just should. And there should be somebody, not in the class … but there should be somebody in proximity so they can help monitor that.”

Fortunately, the victim teacher was not critically injured. She has filed a worker’s compensation claim against the state and did not want to comment on case.

eye4Although the Arizona prison officials appear to quite blasé about the whole matter in their public statements, internal emails obtained by the AP show that prisons Director Charles Ryan ordered all non-corrections officer staff at prisons statewide to be issued pepper spray and trained in its use just days after the attack. Furthermore, an internal memo sent right after the attack ordered guards at another nearby prison to begin checking on civilian staff every hour.
Nick, however, said the pepper-spray order was in the works before the assault.

Carl ToersBijns believes several factors put the victim instructor at risk:

1) Understaffing
2) No video cameras in the classroom
3) Insufficient guard presence
4) An outmoded classification system that misidentified Harvey as a relatively low-level threat

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eye8As for the perpetrator, Harvey, he seemed quite unconcerned about the whole matter. After all, he’s already serving a 30-year sentence so he doesn’t have much to lose. He was calm when confronted by officers in the classroom, refused to make a statement and asked for a lawyer. He was charged last month with sexual assault, kidnapping and assault with a deadly weapon and pleaded not guilty at his arraignment.

Harvey was convicted at a prison administrative hearing of sexually assaulting the staff member. Three weeks later, he assaulted another prison employee. At this point the details of that assault are not available. His security classification has been kicked up to Level 5.

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eye11This is disturbing. I have at least six relatives who have taught at one time or another at various levels, as have I. Based on this incident, I would strongly advise anyone I know to not even consider teaching in a custodial environment, unless there were guarantees that the most rigorous safety measures would be in place. And even then, I would be very wary.

Although I am generally in favor of trying to rehabilitate our prisoners, when it comes to violent sexual predators, I’m not so sure. Harvey and people of his ilk are, in some respects, worse than animals, as he proved beyond the shadow of a doubt when he threw that poor woman to the ground and sexually assaulted her.

 

Why I Never Became a Serial Killer!

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by Geo Ack

This incredibly moving post is by an All Things Crime Blog reader. We thank the author, Geo Ack, for his permission for us to post this insightful meditation.

I always wondered why I never became a serial killer. Then I realized that even though I was subjected to all the abuses and isolations and fantasies, my fears were much stronger. I turned my anger inwards and took it out on myself rather than anyone else because my fear of reprisals from my abusers were stronger than my need to unleash my rage on someone/something else.

psychThey had effectively turned me into a mouse, too afraid to show any type of emotion, forced to keep it all inside. Every time I acted out, usually in anger, I was punished in some sick, sad way. I was a loner, no friends. Just not an acceptable person. I was poor, so not dressed well, or even properly for the weather. I would often run and hide downtown in the small gaps between the buildings, where no one could get to me, even if they should happen to notice me. As time passed I learned I could be accepted, in a way, by using drugs and alcohol. The only way I could feel accepted by anyone was through sex. Rejection was terrifying. I was very lost.

psych2I have stopped those harmful things and am beginning to grow up with the help of my psychiatrist. But, the idea that I really was close to becoming someone who took their rage out on others and could have become a serial rapist/killer is clear to me. I am really glad I did not. I am also very glad and proud that I did not pass these horrors on to my two kids. They got all the love and attention, GOOD attention they needed and have grown into very good people.

So, while I do have much more to say, I will just thank you very much for this article. It does explain some of the unseen nuances that can turn a person one way or another. Thank you………………Peace….Geo Ack

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It’s times like this that make all the hard work that goes into All Things Crime Blog particularly gratifying. We welcome any and all contributions by readers concerning their battles to overcome familial crime, abuse and mistreatment.

The Disgraceful Entrapment of Jesse Snodgrass: Keep the Narcs Out of Our Schools

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by Darcia Helle

A recent article in Rolling Stone magazine titled The Entrapment of Jesse Snodgrass prompted me to write this piece. I wanted to keep my professional distance but, when I sat down to write, I found it nearly impossible to keep my outrage from bleeding into my words. This is Jesse’s story, though it could belong to anyone.

In August 2012, Jesse Snodgrass was a 17-year-old high school student at Chaparral High School in Temecula, California. Jesse was troubled, though not in the way that leads to criminal problems. Jesse has Asperger’s syndrome, which is a form of autism. He also suffers with Tourette’s syndrome and bipolar disorder. Because of these challenges, Jesse was an easy target for bullies. Throughout his school years, he’d been taunted, teased, and called “retard”. The anxiety caused Jesse to turn inward and injure himself; he would bang his head, scratch and punch himself during the worst times.

aar17Needless to say, making friends was a momentous struggle for Jesse. Under the best of circumstances, socializing can be a challenge for teens. Add psychological problems to the mix, and you can pretty much guarantee that child will be shunned. Jesse had only one friend in school, a developmentally-challenged boy also in special education classes. But the boy and his family had recently moved to another state, leaving Jesse on his own. To further complicate matters, Jesse’s parents had lost their home and they had to move to a new school district. The loss and disruption set Jesse back and worried his parents.

arr4All of this would have been difficult but tolerable for Jesse had it not been for what happened next. Early in the school year, Jesse was approached by another new student called Daniel. To Jesse’s amazed delight, Daniel wanted to be his friend. And this, right here, is what derailed Jesse and almost destroyed him. This boy calling himself Daniel was not a boy at all. He was actually Deputy Dan Zipperstein, and he was on a mission to get kids to sell him drugs, whether they wanted to or not.

This practice of undercover school stings started in 1974 with the LAPD. Youthful-looking cops pose as teenagers. They attend classes, turn in homework, go to house parties, and generally insinuate themselves into the lives of these kids. As a rule, only the superintendent and one or two others are aware of the sting operation. Neither the teachers nor the school principal know the new kid is actually a cop. And no child is off limits.

arr6By the 1980s, the anti-drug fervor caused by the “war on drugs” made school stings a favored practice with law enforcement. San Diego Sheriff Bill Gore once boasted this method of wrangling in and arresting teens was “almost too easy”. The stings are highly organized events, with names such as Operation D-Minus and Operation Jump Street. In the case of Jesse and Chaparral High School, it was Operation Glasshouse.

Jesse and Daniel attended art class together. By all accounts, Jesse’s psychological issues were obvious. He required extra attention and guidance during class. He clearly struggled with the material. He spoke in a kind of flat monotone, and was slow to respond during conversations. While some of his classes were mainstream, he was a special-ed student. There could be no doubt in Deputy Daniel’s mind that Jesse was a child with developmental problems, not a drug dealing threat. Still Daniel pursued Jesse relentlessly.

arr10t began with Daniel attempting to bond with Jesse. He told Jesse about his problems at home, about how his parents didn’t understand him and how he was always in trouble for no reason. Once Jesse felt comfortable with Daniel, and no doubt thrilled to have a friend confiding in him, Daniel went into destructive mode. He asked Jesse to get him some weed, because he was stressed and needed to relax his mind. Jesse wanted to be cool and helpful in his friend’s eyes, but he knew nothing about marijuana, and so he stalled. Daniel, though, kept pushing to the point of insanity. As the weeks passed, Daniel sent Jesse 60 text messages, all focused on getting Jesse to fulfill his “promise” of getting the marijuana.

Jesse felt trapped. He wanted nothing more than to make his friend happy. And, to some extent, he understood the need for self-medication. He was on medication himself and, to Jesse, there wasn’t much difference between the pills he took to feel better and the marijuana Daniel claimed to need to make himself feel better. Still, he had no idea where or how to get the stuff.

arr11Jesse’s anxiety built along with Daniel’s insistent hounding. One day the pressure became unbearable, and he raced to the boys’ bathroom where he burned his arm with a lighter. Later that same day, Daniel handed Jesse a $20 bill in exchange for a promise that Jesse would bring him the weed.

Now Jesse believed he had no choice but to keep his promise. Days passed, and each day Daniel pestered him for the weed that he had no idea how to purchase. Finally, he remembered there was a marijuana dispensary near where his parents shopped. Jesse went there with the $20. Unsure what to do next, he hung around until he found someone who agreed to get the bag of weed for him. Jesse handed the person the money and received a baggie of marijuana. At that moment, he was probably elated to have succeeded for his friend, as well as terrified to have the marijuana in his possession.

Jesse wanted Daniel to come to his house to make the exchange but Daniel refused. Instead, Daniel asked Jesse to meet him at a nearby strip mall before school. Jesse asked his father to drop him off there. To Doug, Jesse’s father, this was an exciting moment. His son had made a friend and was going to hang out for a bit before school. He was thrilled that Jesse was adjusting to his new school, and happily dropped him off with a smile and a wave to Daniel.

In that parking lot, Jesse nervously handed Daniel the baggie of marijuana. Daniel was careful not to show his disappointment at the meager contents, which turned out to be about a half-gram; $5 worth of marijuana. The two drove to school together, and later that day Deputy Daniel gave the baggie to another deputy to be taken in as evidence.

arr3Evidently, Daniel was undeterred at the measly amount of weed Jesse had given him. Two weeks later, he gave Jesse another $20 for which he received an even skimpier amount of marijuana. Daniel then asked Jesse to sell him some Clonazepam, which is a benzodiazepine Jesse took for his anxiety. Jesse refused, because that was his medication and he needed it. Despite Daniel’s persistence, Jesse remained adamant that he would not sell his medication. Eventually Daniel lost interest in both Jesse and their friendship, and he moved on to other kids at the school.

Daniel’s behavior hurt Jesse. He thought he’d finally made a friend, but Daniel no longer seemed interested in him at all. He didn’t understand what he’d done wrong. Things would only get worse and more confusing for Jesse.

On December 11, 2012, five armed police officers wearing bulletproof vests stormed into Jesse’s art class calling his name. A police helicopter hovered over the school. Jesse was immediately handcuffed and dragged out in front of his classmates. Fifteen other kids were arrested at Chaparral High School that same day.

arrAt the police station, Jesse waived his Miranda rights. He didn’t understand those rights, but agreed because he wanted to cooperate with the police. He did not want to be a problem to them. When asked about selling drugs, he denied the charge. Deputy Daniel Zipperstein was then brought into the interview room, which further confused Jesse. Deputies had to break the situation down and explain several times to Jesse that he’d “sold” drugs to Deputy Zipperstein when he’d taken money in exchange for the marijuana. Still, Jesse could not make sense of the situation, which became even more disconcerting when he was ushered to the hospital for drug testing along with a half-dozen other kids who’d admitted to doing drugs within the past 24 hours.

At the hospital, a cop asked Jesse, “Are you mentally retarded?” to which Jesse replied that he had Asperger’s. The cop reportedly groaned but made no effort to intervene. Instead, Jesse was brought to Juvenile Hall and placed in a holding cell.

Throughout this ordeal, no one – not the police and not any of the school officials – notified Jesse’s parents of his arrest. Frantic with worry when he didn’t return home, his mother finally made contact with someone at the school who informed her of the situation.

arr9When Catherine, Jesse’s mother, made contact with the police, she was informed that Jesse would be detained a minimum of two days. During this time, the Snodgrasses would not be allowed to see him. Catherine explained her son’s situation, detailing his tendency to self-injure when anxious. When she dropped off his medications at Juvenile Hall, a female officer told her, “You know, Mama, the kids here love it. They get three square meals and a bed. They love it here, and they keep coming back.” The sarcastic implication that Jesse was destined to become a career criminal had to be surreal to the Snodgrasses.

Imagine what it must have been like for Jesse’s parents that day. They sent their child off to school, with every expectation that he would be supervised in an environment meant to help kids thrive. Instead, their son is swept up in an arrest under highly questionable circumstances, and not one person bothered to let them know. Jesse’s special needs aside, these are minors. They cannot be absent a day without a parent’s consent. They cannot go on field trips without a parent’s consent. Yet, these same parents are not told about undercover police stings or the arrest of their child. We are supposed to send our children to school in order to provide them with the necessary tools to succeed in life. Instead, police and school officials are teaming up in order to set them up for failure.

arr5Jesse’s case seemed to get even crazier after his arrest. Two days later, when his parents were finally allowed to see him, Senior Deputy District Attorney Blaine Hopp strode into the room where the Snodgrasses waited with other parents and announced, “This should be a wake-up call to all of you. Your children are drug dealers.”

arr16Jesse was charged with two felonies – one for each marijuana sale. Despite the probation department having recommended Jesse be released, Hopp fought for Jesse to be retained in custody for at least one month. Hopp insisted each child arrested posed a danger to the community. The judge, fortunately, did not agree and ordered Jesse’s immediate release.

During his two days in a cell, Jesse had regressed horribly. For the next six weeks, he barely spoke. He sat still, sometimes waving his hand in front of his face like he’d done as a toddler. Eventually, he told his parents he wanted to die. He had emergency therapy sessions and adjustments to his medications. His parents kept all-night vigils to ensure he would not hurt himself. And through all this, the school was threatening to expel Jesse for the drug offense.

In a rare moment of relative sanity throughout this ordeal, the criminal judge cited Jesse’s autism as “unusual and exceptional circumstances”, and sentenced him to informal probation with 20 hours of community service. This meant that, if he kept out of trouble and did his community service, his record would then be wiped clean. The Snodgrasses accepted the quickie plea deal in part to protect Jesse from the trauma of a trial, but also because they had a second fight on their hands. The school still wanted to expel Jesse and his parents weren’t going to let that happen.

arr15Few families in their situation fight back. Sometimes it’s a financial issue. Lawyers are expensive. But often it’s because of shame. Parents feel their children are in fact guilty of some terrible crime. They’re embarrassed. But Jesse’s parents had been fighting for Jesse’s rights from his early years, and they weren’t about to back down. “We have nothing to be ashamed of, Jesse has nothing to be ashamed of,” Doug Snodgrass stated. “The people who do this, they’re the ones who should be ashamed.”

arr7In February 2013, Jesse endured a six-day hearing to fight the school expulsion. Witnesses who’d been part of his trusted school support team now testified against him, assuring Jesse knew right from wrong and therefore knew what he was doing when he sold Deputy Zipperstein marijuana. Michael Hubbard, the school district’s Director of Child Welfare and Attendance, who was one of only three administrators with prior knowledge of the sting, testified about his faith in Operation Glasshouse and Jesse’s subsequent arrest. He stated, “I didn’t believe it was coercion or entrapment for any of the kids.”

In March 2013, Judge Marian Tully’s 19-page ruling said otherwise. “The district placed Student in an extremely difficult social-problem scenario that would have been difficult even for typical high school students.” Judge Tully ordered that Jesse be allowed to return to school immediately.

Throughout all this, Jesse’s emotional and mental health declined horribly. He suffered panic attacks and nightmares. He continually scratched at the back of his hand, gouging a deep groove. He was diagnosed with PTSD and dealt with paranoia. Perhaps most telling of the damage done is this: while driving with his parents, he would crumple to the floor any time they passed a police car. His faith in the people he’d been taught to look toward for help had not only shattered, but turned into intense fear. The very sight of a police car sent him spiraling downward.

arr2Back at school, Jesse was faced with the school counselors who’d testified against him but now offered smiles. The other kids shunned him even more than usual. And in a stunning example of idiocy, the school district filed an appeal to fight the administration’s ruling. They wanted Jesse expelled.

Readers might assume that Jesse’s case is an anomaly. Most of the kids arrested must be troublemakers, drug dealers, little criminals in the making. In reality, that doesn’t appear to be the case at all. These kids are not bad, they’re just kids. Every teenager wants to fit in. It’s human nature. Kids do things for each other because they want to be liked. Often the decisions they make aren’t particularly smart, but they’re far from criminal masterminds.

Stephen Downing, a former LAPD Deputy Chief who now works with the advocacy group Law Enforcement Against Prohibition, had this to say about school drug stings, “This is not about public safety – the public is no safer, and the school grounds are no safer. The more arrests you have, the more funding you can get through federal grants and overtime.”

Using our children for financial gain is what this is about.

These high school drug stings are typically shrouded in secrecy. The public is not given details. We are, however, given 15-second media hype and provocative headlines designed to make police look as if they’ve infiltrated a major drug ring.

In the case of Operation Glasshouse, officials declined to divulge the quantities of the drug sales, insisting that the amount confiscated was beside the point.

arr14Is any of this helping our kids? Do the arrests put these kids back on the right track?

The answer to those questions appears to be a resounding no. State Director Lyman said, “These kinds of practices push students out of school and toward the criminal justice system. It is known as the school-to-prison pipeline.”

This should come as no surprise. Once arrested for their crime, these kids are expelled from school. They have a criminal record, even if they’re lucky enough to escape without being sentenced to do time in a juvenile facility. If they manage to get their GED, most colleges won’t accept them. Most employers won’t hire them.

This is only part of the long-term problem. These kids have suffered absolute betrayal at the hands of people they trusted. The school system, which is supposed to be protecting them, has allowed them to be set up. The police, who they are taught to respect, have pursued them, used them, set them up for absolute failure. The children have learned the hard way not to trust anyone.

arr8Studies have shown these stings do more bad than good for communities. In 2004, questions about these tactics led the LAPD to abruptly shut down its 30-year-old undercover School Buy program. But Riverside County, where Jesse lives, is undeterred by the controversy. In December 2013, one year after the raid that swept Jesse into the system, 25 high school students in the cities of Perris and Meniffee were arrested in a new sting. Among those students was a 15-year-old special-ed student who reads at a third grade level. Jonathan Greenberg, the Perris Superintendent, deemed the operation “an unqualified success”.

As for Jesse, he graduated high school at the end of last year. He still suffers with PTSD and various setbacks. When asked his thoughts about all that happened, he had this to say, “They were actually out to get us.”

Indeed they were.

As I ponder this case, I can’t help but consider adults in similar circumstances. How many adults share their medications, despite knowing it’s wrong? Your arr12coworker asks for one of your painkillers because he threw his back out over the weekend. Your friend asks if she can buy some of your sleeping pills because she has severe insomnia and can’t afford a visit to the doctor. In these circumstances, we’re dealing adults who know right from wrong, and we are not dealing with entrapment. Still, adults do these things all the time. Does supplying a prescription painkiller or a sleeping pill to a friend make you a drug dealer?

I am unable to find one single redeeming factor in all of this. As a teenager, I did a lot of stupid things. That’s all part of growing up. Social psychology and neuroscience has proven that adolescents are most inclined toward risky reward-seeking behavior and most vulnerable to peer-pressure. This combination naturally predisposes teenagers toward riskier behavior. Had an undercover cop been placed in my school, my life might have been much different than it is now.

Please click to below to view Darcia’s Helle’s many excellent posts:

 “Met Her on the Mountain”: Cold Case Social Worker Hog-Tied, Raped and Killed in Appalachia

Jovial Private Bartender Snaps; Assaults and Drags Obnoxious 84-Year-Old Club Patron

Frank Lloyd Wright and the Great Gasoline Mass Murder

Edward Elmore Rode the Legal Railroad to 30 Years on Death Row: His Crime? Simple! He Was Black and Poor

 “The Wrong Carlos”: Non-Violent Manchild Executed for Murder He Did Not Commit

The Electric Chair Nightmare: An Infamous and Agonizing History

Autopsies: Truth, Fiction and Maura Isles and Her 5-Inch-Heels

Don’t Crucify Me, Dude! Just Shoot Me Instead! Spartacus and Death by Crucifixion

To Burn or Not to Burn? Auto-Da-Fé Is Not Good for Women or Children!

The Disgraceful Entrapment of Jesse Snodgrass: Keep the Narcs Out of Our Schools

Why Should I Believe You? The History of the Polygraph

“Don’t Behead Me, Dude!”: The Story of Beheading and the Invention of the Guillotine

Aileen Wuornos, America’s First High-Profile Female Serial Killer, Never Had a Chance

The Terror of ISO: A Descent into Madness

Al Capone Could Not Bribe the Rock: Alcatraz, Fortress of Doom

Cyberspace, Darknet, Murder-for-Hire and the Invisible Black Machine

darcDarcia Helle lives in a fictional world with a husband who is sometimes real. Their house is ruled by spoiled dogs and cats and the occasional dust bunny.

Suspense, random blood splatter and mismatched socks consume Darcia’s days. She writes because the characters trespassing through her mind leave her no alternative. Only then are the voices free to haunt someone else’s mind.

Join Darcia in her fictional world: www.QuietFuryBooks.com

Perky Florida Mom Brands Her Children in Order to Identify Them

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commentary by Patrick H. Moore

If we think back we may recall watching a rather bizarre movie called The World According to Garp in which the main character Garp is a loving but exceedingly nervous father. The film was based on the similarly titled book by best-selling author John Irving.

kayla7Garp was very nervous about his children’s welfare and spent much of his time worrying about the various pitfalls they could encounter. All parents, of course, worry about their kids to varying degrees. The world is a dangerous place and we had all best beware.

kayla9Stylish, perky 23-year-old Port Charlotte, FLA medical assistant Kayla R. Oxenham (cool two-tone hair) appears to suffer from (among other things) a peculiar variation of “kid worry”. Her fear was that at some point it might prove to be impossible for her to identify her 5 and 7 year old daughters as hers. Now this is undoubtedly odd; one generally knows who their kids are and can identify them by their distinguishing features such as their height, eye and hair color, and so on.

kayla5Kayla apparently pondered on how to come up with a foolproof way to identify her little girls, and after meditating on the problem for a while, decided to take a page out of the old West back in the days of ranchers and cattle drives. As we all know, as a general rule, ranchers would signify ownership of their longhorns by branding them with a hot branding iron, burning their ranch insignia (Lazy Q, Spotted Owl, Poisoned Toad) into their hide(s).

Based on her trendy, perky appearance, Kayla doesn’t look like a cowgirl but looks – as well all know – can be misleading.

kayla3Kayla, however, apparently didn’t have a branding iron handy so instead she grabbed a stick, heated it up with a lighter, and branded both children on their arms. Ouch!

According to the kids who later spilled the beans to the investigators, while making like Annie Oakley, Kayla told her little girls that she had forgotten “how much she loved fire.”

Kayla also told the girls that she was branding them “so that they could have ice cream.” This obviously makes no sense, but according to the girls, that’s what Mom told them, and we know how much kids love ice cream.

The abuse has apparently been ongoing for some time; David Edwards of Raw Story writes:

kayla-oxenham-arrested-branding-childrenThe 7-year-old girl recalled to investigators that the incident had started when her mother repeatedly slammed her 5-year-old sister’s head into a wall as punishment for locking a cat in their bathroom.

The Florida Department of Children and Families first received reports about possible abuse after day care workers noticed scabs on the children in late March. Medical examiners determined that at least one of the children had injuries consistent with burns.

kayla8In a decision that is undoubtedly going to piss a few people off, Kayla’s bond was set at $7,500 per child and she was released from jail on Wednesday. She reportedly denied beating her children, and refused to talk to police about the burns.

It is unknown whether she currently retains custody of her kids. What is known is that Kayla is no stranger to penal institutions; according to the Charlotte County Jail website, she works there as a medical assistant.

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It should be pointed out that since her older daughter is 7, Kayla had her when she was a mere 16-year-old. Daughter #2 came two years later. It’s just possible that in addition to possibly suffering from some kind of a mental disorder, Kayla may not actually be that keen on motherhood and the joys and perils it brings.


“The Wrong Carlos”: Non-Violent Manchild Executed for Murder He Did Not Commit

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by Darcia Helle

“I didn’t do it, but I know who did.”

Imagine you are a 20-year-old, uneducated man-child who has spent his entire life in a small, crime-infested community. Your family defines dysfunctional, but you don’t think about that because you don’t know what a functional family looks like. Add to this the fact that you’re a minority in a city where prejudice runs rampant. One day you’re in the wrong place at the wrong time, and suddenly you find yourself arrested and charged with the brutal murder of a young woman. You tell everyone who will listen that you did not kill her. In fact, despite your fear, you provide police with the name of the real killer.

You have confidence in the justice system. They will see that you are not the killer. They will find the real killer and set you free. You believe this up until the moment the state puts you to death for a crime you did not commit.

afff7The Wrong Carlos: An Anatomy of a Wrongful Execution is the true story of our imagined young man. Carlos DeLuna was arrested in February, 1983 and executed on December 7, 1989. This case was pushed through the Texas courts with alarming speed. The average US death penalty case takes about 13 years to go through the appeals process. Carlos had six years from arrest to death.

You’d be forgiven for thinking that this case is old and things like this don’t happen anymore. We have far more sophisticated science. We have DNA tests. Sadly, you’d be mistaken in your trust of our modern judicial system. Carlos DeLuna’s case could just as easily happen today. We need to acknowledge all the wrong in our justice system before we can hope to get things right.

Let’s go back to the beginning. In 1960, Carlos’s mother, Margarita Conejo, moved to the La Armada housing project in Corpus Christi, Texas, with her six children after having divorced their father Francisco Conejo. There she met Joe DeLuna, and together she and Joe had three children in the three following years. Carlos DeLuna was the middle of these three children, born on March 15, 1962.

Joe DeLuna couldn’t be bothered to hang around and take care of his children. Margarita found herself with nine children, no money, and no patience. The job of raising Carlos was left to his older half-siblings.

afff3By all accounts, Carlos was emotionally stunted, learning disabled bordering on mildly retarded, and “childlike”. In March of 1974, school psychologists diagnosed him with a “language-learning disorder”. Two years later, another school evaluation found him to have “fine-motor difficulty,” “specific learning deficits,” and “possible neurological difficulties.” Neither school officials nor his mother found the time or the right programs to help Carlos get even the most basic education. In the spring of 1977, at the age of 15, Carlos dropped out of school after having struggled through to just the eighth grade.

Carlos was no angel, nor did he claim to be. He was arrested multiple times for theft, intoxication, and sniffing paint. He was very much a boy left to fend for himself in a harsh and unforgiving environment. But Carlos was never violent. Despite multiple arrests, at no time was Carlos ever in possession of any sort of weapon. Anyone who knew Carlos said the same thing: he did not carry or even own a knife.

afff11Carlos Hernandez, on the other hand, was not childlike or even remotely innocent.  Born on July 14, 1954, Hernandez spent his life in the same neighborhood as Carlos DeLuna. They were never friends, but they did know one another. Everyone knew Hernandez, and everyone feared him.

In 1960, when Hernandez was just six years old, his father was arrested for rape and his mother placed him in foster care. He returned to his mother a year later, though life never got easier. His father did not return home and his mother would not be winning any parenting awards.

In 1972, Hernandez was arrested on three counts of armed robbery of a gas station/convenience store. While in county jail, he was raped by at least one older inmate. This pushed the already unbalanced man who was prone to violence right over the edge. From then on, Hernandez always carried a knife. He cultivated a tough guy image, brandishing his knife and bullying people into doing what he wanted.

Over the following years, Hernandez was arrested multiple times for assault and even suspicion of murder. Hernandez always had a specific type of fixed-blade knife on him. He was also known to be extremely abusive to the women in his life. Despite his reputation, Hernandez managed to evade any hard prison time. When necessary he expertly manipulated the justice system, though often he slipped through the cracks without much effort at all.

afff10With this history in mind, we move forward to February 4, 1983. Wanda Lopez, a young, single mother living in the same neglected neighborhood, was murdered while working the night shift at Sigmor Shamrock gas station. But telling you she was murdered is putting a shiny gloss on a dirty, vulgar act. Wanda was gutted with a knife. She was sliced up, dragged about, beaten, and left for dead. This act was brutal and personal. This was not a robbery gone bad, though the homicide detectives did their best to spin it that way.

At the exact time of Wanda’s murder, she was on the phone with 911 – for the second time – asking for help. Moments earlier, she’d made her first 911 call. She’d told the dispatcher that a man with a knife was outside the store and she was afraid, but the dispatcher had refused to help unless and until the man actually did something. When the man walked into the store, she called again. This time she was connected to a different dispatcher, and he made her repeat her story. He questioned her as if she was the suspect, demanding to know all the specifics. By the time he agreed to send help to Wanda, she was already being attacked. This is captured on the 911 recording, which you can listen to here: http://www3.law.columbia.edu/hrlr/ltc/media.html?type=audio&url=http%3A%2F%2Fmedia.law.columbia.edu%2Fjliebman%2Fmedia%2F35-911-call-by-wanda-lopez.mp3

You might have guessed that the man in the store was Carlos Hernandez. At the time he was deciding to murder Wanda Lopez, Carlos DeLuna was standing across the street. He saw what was happening and ran. He was terrified of Hernandez and also terrified of the police. He was a child running for cover.

Hernandez left Wanda for dead, pushed out the door directly past a witness stepping inside, and raced off in the opposite direction from which Carlos DeLuna had run. The witness who came face-to-face with Hernandez saw which way he ran. But other people passing by the area saw Carlos DeLuna running the opposite way, and they assumed he was the killer. These conflicting eye-witness accounts were inconvenient to detectives arriving on the scene. Within minutes, police had compressed the differing descriptions into one person. Carlos DeLuna became that person when he was quickly found hiding beneath a truck nearby.

"Los tacoyos Carlos"Police then bullied the reluctant witnesses into participating in a “show-up” identification. Carlos was driven back to the crime scene and witnesses were assured they had their man, and that he’d been found hiding under a truck. One-by-one, the witnesses were walked to the squad car, where Carlos sat in the back. A cop shined a flashlight directly in Carlos’s eyes so, according to the detectives, he wouldn’t be able to see the witnesses. Out in that dark parking lot, these terrified witnesses with disjointed stories who’d been told Carlos was the killer, were prompted to identify him. When a couple of them were reluctant, they were, for lack of a better word, coerced.

The one man who’d nearly walked into the killer hesitated but eventually agreed that Carlos DeLuna was the person he saw running out of the store. Years later, the authors of The Wrong Carlos questioned him:

Baker didn’t mince words. He had trouble recalling Hispanic names; they were all “Julio” to him, he said. And he had trouble telling Hispanics apart and judging their age. “It’s tough,” he said, “to identify cross cultures.”

This is not simply an issue of prejudice. All of us, regardless of how liberal our thinking, have more difficulty identifying and remembering specific features of people outside our own race. Add to that inherent shortcoming the fact that these witnesses were under tremendous stress, both from being involved in a murder scene and from the police pressure to help them make an arrest, and it’s not surprising that they instead got it horribly wrong.

The Innocence Project has this to say about eyewitness identifications:

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in nearly 75% of convictions overturned through DNA testing.

And this leads us straight to the issue of DNA. Had Carlos DeLuna been arrested in 2014 instead of 1983, would DNA evidence have saved him? The answer is maybe.

afffCarlos DeLuna: crime sceneFirst, to understand how absurd the arrest was from the start, I need you to picture the scene. As I mentioned, Wanda Lopez’s murder was brutal. There was quite literally blood everywhere. There were puddles of it in the store. The killer had dragged her through it. His bloody footprints tracked along the floor and out into the parking lot. When Carlos DeLuna was pulled out from beneath that truck, he did not have one speck of blood on him. None. Police explained this by saying he’d washed it off in a puddle. Corpus Christi had 1/8-inch of rain early the morning of Wanda’s murder. More than twelve hours later, it’s difficult to believe Carlos would find a deep enough puddle to fully wash away every trace of blood, all while desperately running away.

Furthermore, Carlos DeLuna had never been known to carry a knife and had never been violent. His first words to the cops who found him were: “I didn’t do it, but I know who did.” Those cops told him to shut up. Even much later, when Carlos finally broke through his fear of Hernandez and gave his name to police, not one person looked into the possibility that Carlos DeLuna was telling the truth. This, despite the fact that Hernandez was known to carry the exact same knife and had a history of violent behavior.

afff4So much was wrong with this case from the very beginning. Some other highlights: Evidence was not collected. The lead homicide detective had never worked a homicide on her own. She spent one hour inside the store, then allowed the owner to scrub everything clean. She did not collect blood samples from inside, did not swab all the areas, did not look closely at the footprints in the blood or the handprints by the cash register. She completely ignored the fact that there was money scattered all over the floor and the owner told her that, at most, $20 was missing. Also, despite this being a vicious murder, no one questioned the fact that, aside from living in the same area, Carlos DeLuna had absolutely no connection to Wanda Lopez. He had a regular job, and none of the money in his pocket held even a tiny speck of blood. Given the magnitude of this botched case, it’s difficult to know how or if DNA could have helped. Really, all that was needed was for someone to listen to Carlos.

The topic of DNA is interesting in itself. The prosecution collects the evidence and decides which tests, if any, to run. If they feel their case is strong enough without DNA, they won’t bother. DNA tests are expensive and it’s better for their budget if they can avoid the cost. On the flip side, and showing my cynicism, maybe they also won’t initiate testing if they feel the results might muddle their chances of a win. The state is under no obligation to perform any forensic tests. Furthermore, and this is vital, the state is also under no obligation to approve the costs of these tests if the court appointed defense attorney requests them. Carlos DeLuna was poor, and poor men can’t afford private attorneys. They must make do with whichever lawyer the court appoints for them. And that lawyer must do his/her job under the constraints of a miniscule budget. This disparity is one major reason you will likely never see a wealthy person on death row.

According to this book’s authors:

aff14The worst problem with executions is that the truth about them can so easily die with the executed prisoner. Sadly, the certainty that DNA and other forensic testing now makes possible has not changed this situation. This is because once executions occur, the same officials whose deadly mistakes might be exposed by DNA testing are given control over the crucial physical evidence in the case and consistently bar forensic testing of – or, as in Carlos DeLuna’s case, simply lose – the evidence. The public has no recourse to freedom of information laws or the courts to obtain forensic testing. The steadfast refusal of legislators, judges, and prosecutors to allow forensic testing that could provide unassailable proof of the accuracy, or not, of executions makes it difficult to credit those officials’ repeated assurances that the men and women whose executions they have sanctioned were undoubtedly guilty.

The details of this case are far too dense and convoluted for me to do justice to here. Carlos DeLuna was pushed through a system that did its best to ignore his innocence, while Carlos Hernandez fell through every crack and blissfully went on to rape and murder again. Carlos DeLuna went to the death chamber professing his innocence, pleading for just one person to do his/her job correctly and find Carlos Hernandez. Even in the moment of his state-sanctioned murder, Carlos DeLuna was not offered a shred of dignity. The first of three injections, meant to render Carlos unconscious, failed, and Carlos was conscious when the second, paralyzing drug entered his system and began suffocating him to death.

http://www.thewrongcarlos.net

 

Please click to below to view Darcia’s Helle’s many excellent posts:

 “Met Her on the Mountain”: Cold Case Social Worker Hog-Tied, Raped and Killed in Appalachia

Jovial Private Bartender Snaps; Assaults and Drags Obnoxious 84-Year-Old Club Patron

Frank Lloyd Wright and the Great Gasoline Mass Murder

Edward Elmore Rode the Legal Railroad to 30 Years on Death Row: His Crime? Simple! He Was Black and Poor

 “The Wrong Carlos”: Non-Violent Manchild Executed for Murder He Did Not Commit

The Electric Chair Nightmare: An Infamous and Agonizing History

Autopsies: Truth, Fiction and Maura Isles and Her 5-Inch-Heels

Don’t Crucify Me, Dude! Just Shoot Me Instead! Spartacus and Death by Crucifixion

To Burn or Not to Burn? Auto-Da-Fé Is Not Good for Women or Children!

The Disgraceful Entrapment of Jesse Snodgrass: Keep the Narcs Out of Our Schools

Why Should I Believe You? The History of the Polygraph

“Don’t Behead Me, Dude!”: The Story of Beheading and the Invention of the Guillotine

Aileen Wuornos, America’s First High-Profile Female Serial Killer, Never Had a Chance

The Terror of ISO: A Descent into Madness

Al Capone Could Not Bribe the Rock: Alcatraz, Fortress of Doom

Cyberspace, Darknet, Murder-for-Hire and the Invisible Black Machine

darcDarcia Helle lives in a fictional world with a husband who is sometimes real. Their house is ruled by spoiled dogs and cats and the occasional dust bunny.

Suspense, random blood splatter and mismatched socks consume Darcia’s days. She writes because the characters trespassing through her mind leave her no alternative. Only then are the voices free to haunt someone else’s mind.

Join Darcia in her fictional world: www.QuietFuryBooks.com

Absent-Minded Georgia Dad Cooks 22-Month-Old Son in Hot SUV: Faces Murder Charge

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commentary by Patrick H. Moore

Parenting is an awesome responsibility for both mothers and fathers. The obligations are endless and there’s always the possibility that something very serious – or even fatal – could go wrong.

Given the real possibility of various heartbreaking catastrophes, I sometimes wonder why anyone chooses to take on the burden. Of course raising children (siring – as it used to be called in the old days) is apparently the way nature planned it.

We see it in the animal kingdom where the beasts of the forests and fields instinctively care for their young, and we see it among our species where parenting techniques vary greatly depending on the dedication and volition of the particular parents in question.

cuc9One of the myriad mistakes that can put a child in jeopardy is being saddled with an absent-minded parent who simply forgets “to mind the store”. A recent study by Professor Jostein Holmen, of the Norwegian University of Science and Technology (NTNU), shows that men are significantly more absent-minded than women which means, Moms, you could be putting your little darling at risk if you leave him or her in Dad’s capable but often forgetful hands.

cuc10Now the professor claims to be surprised by the findings of his own research which I find surprising. But perhaps spending too much time in a research lab is a bit like crawling under a rock; in any event, I suspect most of us are not surprised by the good Professor’s findings which – among other things — show that men are just as forgetful at age 30 as they are at 60 years of age.
Thus, based on these findings, a Mom should probably think twice (or even thrice) before putting Dad in charge of the kid, or at the very least, should constantly check up on him. This was hammered home with heartbreaking clarity in the recent death of a child who was cooked to death when his father forgot to drop him off at day care and instead left him strapped in a car seat in the back of an SUV with the windows rolled up for 7 hours in dangerously hot weather.

cuc6The father, Justin Ross Harris, 33, of Marietta, Georgia has been charged with murder and cruelty to children in the first degree, according to his arrest warrant, which states in part:

“Said accused did leave a 22-month-old juvenile male unattended and strapped into a child car seat in a parked vehicle for approximately seven hours during daytime hours after which the child was found deceased.”

Alexis Stevens of the Atlanta Journal-Constitution writes:

An autopsy will be conducted by the Cobb County Medical Examiner’s Office to determine the cause of death for the child, according to Sgt. Dana Pierce with Cobb police.

The child’s name was not released by police. But the Facebook page believed to belong to Harris shows several pictures of the boy, identified as Cooper.

cuc7Harris, who goes by Ross, is a Tuscaloosa, Ala., native who just passed the two-year mark of employment with Home Depot, according to his online profile. A Home Depot corporate office is located about two miles from the Akers Mill Road shopping center where Harris drove his son Wednesday afternoon. It was that parking lot where the boy was pronounced dead by emergency responders.

Although this may seem a bit mysterious at first, it appears that Harris, who graduated from the University of Alabama in 2012 with a degree in Management Information Systems and worked at the Home Depot corporate offices in or near the Cumberland Mall in Vinings, parked his car in the mall parking lot before putting in a day’s work. It was his day to drop his son off at day care but he simply spaced it out. After work, he got in his SUV and had driven a few miles before he realized his son was motionless in the back seat. Harris then pulled into the Akers Mill Road shopping center parking lot which is where his son was pronounced dead.

cuc2Harris did not speak and and displayed no outward emotion during a brief court appearance Thursday night before Magistrate Judge John Strauss. Because he’s been charged with murder, Harris is not eligible for bond and will be held in the Cobb County Jail until his next court appearance, scheduled for July 15.

While the investigation into the toddler’s death continues, questions linger regarding how it could have happened.

Although accidental homicides of this nature generally don’t result in murder charges, Cobb County District Attorney, Vic Reynolds, said Thursday the investigation is “far, far from over.”

cuc5“I don’t know where this investigation will ultimately lead,” Reynolds said in a phone interview with AM 750 and 95.5 FM News/Talk WSB, stating that the fact the child clearly suffered greatly before expiring, thus triggering the cruelty to children in the first degree charge, supports the murder charge.

“It’s just a terrible, God-awful situation,” Reynolds said. “I can’t imagine, I can’t fathom what any parent would be going through at this stage. It’s the type of case that affects the community.”

cuc4Harris and his wife were not yet homeowners but were hoping to buy soon. Their landlord, Joe Saini, said the couple are “very, very nice” people who were in love with their baby.

“Everything was going right for this couple,” Saini said. “They wanted to buy a house so they could have some space for their child to run around the backyard.”

*     *     *     *     *

cucI could easily be wrong, but my hunch about this, based on his “far, far from over” statement, is that the D.A. is fishing for some type of evil intent, malevolence, on Harris’s part, in order to support the murder charge. It may well be, though, that it truly was mere absent-mindedness on the father’s part, who is reportedly incredibly bereaved over his son’s untimely death and of course, the fact he was instrumental in bringing it about.

And doesn’t it seem a bit odd that over and over again, we see cases in which guns are accidentally discharged resulting in the death of a friend or family member and no charges are brought, yet here, in what appears to be equally an accident, Harris will almost certainly be standing trial for murder.

The Road to Hell Is Sometimes Paved with Good Intentions and Some Ducks

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by Lisa LaSalle

On June 27, 2010, 25-year old Emma Czornobaj stopped on Highway 30 west of Montreal to rescue some ducks crossing the road. She parked on the left-hand lane, put her blinkers on and proceeded to get out of her Honda Civic to push the ducks out of harm’s way. A first motorist went around to avoid her car but a second one carrying a father and his 16-year-old daughter riding in the back, collided with her car and they both died as a result.

Even with no criminal intent attached to her actions, Emma was convicted of an offence that carries atraverse de canards maximum life sentence; the jury that deliberated four days, found her guilty of two counts of criminal negligence causing death and dangerous operation of a motor vehicle causing death which could lead to a maximum sentence of 14 years.

Emma was ready to plead guilty to some of the charges but with no jail time. Her lawyer Marc Labelle tried to negotiate a deal with the Crown but nothing came of it. The case was in the media so they wanted their pound of flesh and insisted she do jail time.

Labelle insists that Canadian criminal law is not designed to handle such a case that found his client guilty of criminal negligence causing death. At trial, Labelle acknowledged his client’s action was “open to criticism” and even “dangerous’”, but he vehemently denied it was criminal.

“There may be room here in this case. But we’ll evaluate that: (whether) to ask the (Quebec) Court of Appeal if the way that a jury has to (consider) criminal negligence in Canada should be revised. Here we have a situation where the act was considered dangerous by the jury — that’s obvious. But there was no ill will at all — no alcohol, no speeding, no race. In a case like this, the instructions that the judge gave (to the jury) are a little bit unjust for a citizen in this situation.”marc labelle

He also specified that he didn’t have a problem with the instructions Superior Court Justice Éliane Perreault provided to the jury before they deliberated.

“What I’m saying is that the instructions (all) judges are obliged to give on criminal negligence can’t suit a case like this. What the jury is asked is: consider the act, if it is dangerous, objectively, then you may infer there was a crime.’’

This case is stretching the limits of the criminal negligence definition and dangerous driving. Emma was an animal lover and when she stopped on the highway to avoid a family of ducks, she did put her hazards light on and never imagined that the outcome would be the loss of human lives.

Soon after she stopped, the motorcycle driven by André Roy and his daughter Jessie slammed in her car, but he was driving civic ducksexceedingly fast and wearing no helmet. A woman driving behind Emma had managed to avoid hitting her before Roy crashed into her car.

Her lawyer said she made a decision open to criticism with no ill will. She wanted to rescue some ducks. “You can’t judge this based on the type of animals involved. For example, what if this were four Labrador puppies.’’ Some people are having a field day because she cared about ducks.

Her lawyer, fiercely defends her saying it wasn’t a crime and that while she certainly has a fair amount of critics, her actions are not criminal and do not warrant prison.

Some factors beyond Czornobaj’s control included the position of the setting sun that night as drivers were headed west, and the speed at which Roy was driving his Harley-Davidson when it crashed.

widow of victimPauline Volikalis, the wife and mother who lost two family members in this accident, says she doesn’t blame the young woman who will be charged in their deaths. When asked by reporters if she wants Emma to go to prison, she had no comments and said that she wished nothing of the sort for the defendant.

Volikakis insisted that she had not pushed for charges against Czornobaj and was unable even to say whether she considered it a good thing the trial was held.

“It’s not me that’s bringing her to court,” she said. “I have no expectations concerning this trial.”

But she hopes the publicity will reinforce a basic message to drivers.

“Future and present drivers should know that we don’t stop on highways, and it’s very dangerous. Even if it’s a small animal that we like or that we want to preserve, we should not stop on the highways,” she said. “It’s not a place to stop.”

Czornobaj was willing to plead guilty as recently as April but refused to do jail time. She now has a sentencing hearing scheduled for August.

Lawyer Marc Labelle said his client was shocked by the verdict. He said the jury decided there was a criminal element to what she did. He said he might file an appeal.

“So now we are at the sentencing stage in this case. The question we have to ask is that considering the nature of the facts, it is rare that we have criminal negligence where there are no bad elements. This was not a race. This was not a person who took a chance and drove drunk. This is not about someone who was speeding and took a risky maneuver,” Labelle told reporters while suggesting his client might only merit a sentence that can be served in the community.

During the trial, a witness testified that she saw Czornobaj on the left-hand side of the highway, bent over and motioning to some ducks.MFC14 0610 accident001A.JPG

“I shouted to my children: ‘What is she doing there? She’s going to get killed,’” she noticed that the driver’s door of the parked car was open and she saw her car lift up in the air from the impact.

emma with dogEmma, as a professed animal lover, told the court that she did not see the ducklings’ mother anywhere and planned to catch them and bring them home. She could easily would have been the one killed. Her actions were naïve but well-intentioned.

Labelle said he will use the next few weeks to decide if he will ask for a pre-sentencing report when the case comes back to court on Aug. 8. The report would involve a criminologist looking at many aspects of Emma’s life, as well as her attitude towards what she’s been convicted of, and make recommendations to the judge. Czornobaj, a financial analyst who graduated from Concordia’s John Molson School of Business, has no criminal record. She also made the dean’s list at Concordia while she studied there.

Emma’s actions are hard to understand but no one can deny that she intended to help animals and never imagined that she would cause a highway accident.

The fact that Pauline Volikalis does not blame her for the loss of her family, considering the circumstances, should have been father and daughtersufficient to let her cut a deal involving community service. But as usual, the media glare made the Crown eager to shine in the spotlight.

When it looks like a duck, quacks like a duck, it is a duck and Emma is not a criminal but a fine young lady who made a huge mistake. She should not end up in prison for it. She will no doubt, live the rest of her life haunted by this ride to hell and the two people who lost their lives because of her impulsive decision to save baby ducks.

 

Cruel Adoptive Parents Force Child to Wear Electric Shock Collar and Live in Chicken Coop!

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compiled by Patrick H. Moore

NBC New York has just reported a new story in which a Connecticut couple has allegedly forced  a 9-year-old girl in their care  to wear an electrified PetSafe barking dog collar. The couple reportedly forced the child to “bark” to trigger the “shock treatment”. The child’s caregivers — if you would call them that — were apparently upset because the child had received a poor progress report from her school. Very fortunately, the child had the wherewithal to report the abuse to one of her teachers at school who in turn contacted the authorities. Although the “parents” claimed it only happened once, the marks on the child’s neck suggest that it was more frequent than that. The “parents” have been arrested and charged with numerous child abuse related counts.

cruel3Bad as this incident is, it arguably pales in comparison to a similar — though far more aggravated — form of abuse foisted upon an adopted 15-year-old child in Butler, Georgia last year. In May of 2012, police were alerted by members of the community that a girl was being forced to live outside in a chicken coop. The girl was taken into state custody and her adoptive parents, Diana Franklin and Samuel Franklin, were arrested.

Diana was charged with 12 counts of cruelty to children and 4 counts of false imprisonment, while Samuel was charged with 8 counts of cruelty to children and 8 counts of false imprisonment.

When given the opportunity to explain her sad plight to the police, the girl stated that her “parents” had placed an electric dog collar around her neck, which enabled anyone in possession of a remote key fob to administer shocks. The “collar abuse” was just one of several punishments used on the girl for various so-called offenses.

“The child basically said that there were just a series of fairly severe, what can be described as punishments, for various things that the child allegedly did, some as simple as not doing homework and then others like taking food,” said GBI’s Wayne Smith.

cruel2The police were unable to find the collar the first time they searched the Franklin’s home, but they did find a proof-of-purchase receipt. Once the Franklins were arrested, the police returned to the home and this time they found the collar. It matched the girl’s description and was sent to the state crime lab for DNA testing.

After the police got involved, several neighbors came forward to report that they witnessed the girl being forced to perform various types of manual labor in the hot Georgia son.

“I’ve seen her out working in the gardens, digging ditches in the hot sun with two or three older boys watching her,” neighbor Steven Balis said. “I’ve seen her toting rocks up the road – she looked like she was in rough shape.”

Another neighbor, David Spillers, stated that he witnessed similar activity:

“I saw her when she was out in the yard working in that garden out there and I saw her around picking up trash in the yard,” Spillers said.

Yet another neighbor said that Diana admitted to feeding the girl bread and water for days as punishment for not doing chores and working the “right way.” She also said that Diana told her she was only doing ”what the Bible says.”

*     *     *     *     *

Nothing aggravates me more than “bad religion” that (mis)uses the Bible verses of antiquity to justify the horrific mistreatment of children. If there is a god, I’m sure he/she/it is weeping.

Christian Heavy Metal Murder-for-Hire Atheist Timothy Lambesis Finally Comes Clean

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commentary by Patrick H. Moore

Although the term Christian Heavy Metal Rock Star may sound like an oxymoron, the fact is that heavy metal music has long been popular among Christians and born-again Christians. In one of my past lives, I worked with a big jolly born-again Christian, who when he wasn’t listening to Rush Limbaugh, liked nothing better than to plug in that Godly-Satanic sound.

And why not? Whoever said that our actions and attitudes are supposed to make sense?

imm14So although I’ve long been aware of the peculiar phenomenon of Heavy Metal Christian Rock and Heavy Metal Christian Speed Rock, what I didn’t know is that a certain percentage of the Christian Heavy Metal rock stars aren’t really Christians at all – rather, they’re simply rockers with no real interest in the Father, Son and Holy Ghost who have cashed in on the Christian rock market, which is huge, in order to actually get paid for making a glorious noise.

imm15The prime example of this particular form of hypocrisy may be Timothy Lambesis, the former front man in the long-running Christian metal band, As I Lay Dying. Timothy, whose three loves appear to be heavy metal, body-building and his three adopted Ethiopian children, is serving six years in a murder-for-hire plot designed to whack his estranged wife because she was going to get 60 percent of his income and wouldn’t let their three kids go on tour with him and his band.

 

The Murder-for-Hire Plot

The Daily Mail Reporter writes that Timothy “was arrested in May last year after giving an undercover agent acting as a hitman, money, gate codes and an alibi to kill his estranged wife, Meggan Lambesis.”

This occurred after Meggan filed for divorce in September 2012 to end their eight-year marriage.

imm8According to the divorce records, which were obtained by the Associated Press, Meggan Lambesis had two very specific complaints: 1) She claimed Timothy had become ‘obsessed with bodybuilding’; 2) She distrusted his parenting ability, stating that he had a tendency to become distracted when watching the children (at least he didn’t cook them in an SUV) and had even fallen asleep once while caring for them. (Good heavens, that is certainly sinful!)

When you’re a workout champion, you naturally have to have a personal trainer, and one day last year, Timothy made the mistake of telling a personal trainer at his gym, a man named Brett Kimball, that he wanted to get rid of his wife.

Kimball wasn’t going for it and instead he turned Timothy in to the authorities.

imm‘He wanted to know if maybe I could find someone to do it for him,’ Kimball testified at a pretrial hearing.

Thus, an investigation began and according to prosecutors, Timothy was ultimately recorded telling a UC (Undercover Agent) that he wanted his wife whacked or, more specifically, according to a statement made by the UC, San Diego County Sheriff’s Officer Howard Bradley, when Timothy met UC Bradley at an Oceanside bookstore in May of 2013, he said he wanted his wife ‘gone’.

In order to keep the quasi-entrapment moving, Bradley he asked Timothy directly if he wanted his wife killed, and the Christian Heavy Metal man replied, ‘Yes, I do’.

imm6Then of course Timothy, who the Daily Mail Reporter describes as a heavily-tattooed gym junkie, had to justify his aberrant desire and explained that his ex Meggan had restricted his visits with their adopted Ethiopian children, ages four, eight and 10, after they separated in September 2012.

But one wonders whether it was really the kids, or the fact Meggan would get the lion’s share of his income. that drove him up the wall.

According to UC Bradley, at the end of their meeting Timothy stated, ‘Just to clarify, just so you know, I do want her dead.’

imm13In what is startling to me, as a down payment for the murder-for-hire, Timothy gave Bradly a measly$1,000 in cash for expenses, along with his wife’s address, her gate codes, pictures of her and dates when he would have the kids, apparently because he didn’t want her whacked in front of the children.

On balance, the fact that Timothy is only doing six years for scheming to kill his wife seems like nothing to complain about; it could have been worse and if his scheme had succeeded and he’d been apprehended, he’d of course be doing life.

 

Atheist Disguised as Christian Heavy Metal Artist

It turns out that Timothy had another dark secret in addition to wanting his ex-wife killed. Although a ranking Christian Heavy Metal star, he really wasn’t a Christian at all; it was merely a ploy to sell records.

Sarah Fruchtnicht of Opposing Views writes:

Sentenced to six years in a murder-for-hire plot, Christian heavy metal singer Timothy Lambesis admitted he’s an atheist who pretended to be Christian to sell records.

imm11“Truthfully, I was an atheist,” Timothy told the Alternative Press in an interview. “The ‘strategy’ I had at the time was cowardly. Two of the songs on that record were about coming to grips with the idea that life has no purpose, no meaning.”

“These were negative themes I wasn’t ‘allowed’ to deal with in As I Lay Dying songs,” he said. “I thought making As I Lay Dying darker would be bad for my career. That was my thinking.”

Is it just me or does something here not add up? If two of the songs were about the meaningless of life, a singularly non-Christian theme, and if he wasn’t ‘allowed’ to deal with negative themes while in the band, then how could the two songs be on the album? To me, this is a head-scratcher.

imm9If we go back four years, to a 2010 radio interview, Timothy’s hypocrisy is readily apparent in an interview he gave at the time in which he said his songwriting was inspired by his faith.

“I can only really write about what I’m passionate about in life, so naturally my faith, my belief in the teachings of Jesus and His resurrection come across in our lyrics,” he said.

In what is truly an eye-opener, Timothy claims he’s not the only “Christian rock artist” pretending to be devout. He said his bandmates and other Christian bands shared his “strategy.”

This got awkward, however, as his band grew in popularity:

“When kids would want to pray with us after shows, I’d be like, ‘Um, go ahead and pray!’ I would just let them pray,” he said. “I’d say ‘Amen.’ If praying while I have my hand on their shoulder makes them feel better, I didn’t want to take that away from them.”

“When they would specifically ask me to pray for something, I’d say, ‘I don’t really like to pray out loud, but I’ll take that with me to the bus’,” he admitted.

*     *     *     *     *

imm16As I Lay Dying was pretty darned successful. The band formed in San Diego in 2000 and has released eight albums, including 2007′s “An Ocean Between Us”, which reached No. 8 on Billboard’s charts. A single from that album, Nothing Left, was nominated for a Grammy for top metal performance.

The band plays in an aggressive style that features lightning-speed metal guitar riffs along with Timothy’s bogus Christian lyrics.

*     *     *     *     *

imm17Timothy’s curious confession makes me wonder if wielding bogus Christian philosophy in order to win friends and influence people might also exist among a certain percentage – however small – of Christian pastors and ministers. It would be interesting if a few of these noble representatives of Christian doctrine also came out of the closet and confessed that they were actually atheists impersonating men and women of the cloth.

Of course, real Christians will be both incensed and dismayed by such hypocrisy, and I can’t say I blame them.

 

Mom ‘Tar-and-Feathers’ Six-Year-Old Son and Locks Him in Dog Cage

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commentary by Patrick H. Moore

Should you bring a son into this world, and should you be a lady, and should there not a clear and present father in your son’s life, and should you decide to relocate with your female lover from the great state of Pennsylvania to the equally great state of Georgia, and should you be concerned about how best to discipline your 6-year-son who has behavioral issues and is a bit of a handful, and if you are a wise and sage woman, which you undoubtedly are (most of the time), you will make sure that when you make the long trek South, that you don’t leave your instruments of child discipline behind you in the Keystone state, but rather bring them with you to your new home in Georgia.

In this case, the instruments of discipline, which when utilized get your son extremely upset, thus suggesting that he just might learn his lesson, consist of a dog cage, a bag of cat litter and a big bottle of maple syrup.

But hey, whatever works! You got to keep your kid, who is apparently OCD, in line. If at times this calls for harsh measures, so be it. Anything is better than an out-of-control OCD brat. NOT!

cage2It turns out that this beleaguered 24-year-old mother, whose name is Crystal Jean Hostetter, and her 30-year-old live-in lover, Sara Elizabeth McClain, went way too far a week ago Saturday and veered off into a netherworld of heinous discipline that should never be foisted upon boy, girl, man, woman or beast. Their cruel and unusual punishment has resulted in serious criminal charges being brought against them.

 

Deborah Hastings of the New York Daily News writes:

A little boy in the Atlanta suburb of Douglasville is now in foster care after his mother and her lover were charged with felony cruelty to a child for imprisoning the 6-year-old in an animal cage, making him hold a brick over his head and covering him in syrup and cat litter.

Crystal Jean Hostetter, 24, and her 30-year-old girlfriend, Sara Elizabeth McClain were also charged with reckless conduct.

The mother allegedly covered the boy’s hands and feet in syrup, even though she knew he had behavior issues that included a fear of being sticky. Then she and her girlfriend covered the syrup with cat litter, according to the Douglas County Sentinel newspaper.

This was no brief “punishment”. In fact, it reportedly lasted for two hours on this particular Saturday night, and there was at least one witness to the abuse – a neighbor who saw the women stuffing the child into the cage, according to police. During his punishment, the boy screamed “Please don’t kill me” and “I thought you loved me.”

cage11Alive’s Paul Crawley looked into this situation and interviewed the neighbor who reported that she was watching TV around 7 p.m. Saturday when she heard the boy crying and screaming. Like a good neighbor, the woman went out on her back porch and saw the women (it was a joint effort, of course) pour the syrup and cat litter on the boy, and then put him into the cage.

Our concerned citizen then called Children’s Services but they didn’t pick up, perhaps because it was evening. Now, truthfully, at this juncture, the neighbor probably should have gone next store and confronted the two women who were abusing the poor child so shamefully. Perhaps she was scared, though, that she’d be shot or get her ass kicked by the two “neighborhood jailers”. So although she, in a sense, let the terrified child suffer through two hours of hell in the dog kennel, she did not ignore the problem and on Monday April 21st, she reported the incident to a school counselor at the boy’s school, which her daughter also attended. The counselor did the right thing and contacted Children’s Services and the Douglasville police.

Hostetter and McClain were arrested the following day and are currently being held in the Douglas County jail without bond.

cage4According to Douglasville Police Sgt. Todd Garner, who interviewed the boy after he was “liberated” from his mother and her lover, he was in decent physical condition, but bore the earmarks of having been mentally abused. In what is quite heartbreaking, the boy – who loves his mother just as virtually all abused children love their parents – kept asking the police how his mother was doing while suggesting that she gets crazy sometimes and needs help.

Indeed she does – help in the form of some serious mental health counseling combined with a couple of years in state prison.

*      *     *     *     *

When questioned, no doubt recognizing that the gig was up, the women made no attempt to deny the fact they had been punishing the boy. They admitted to forcing the child to hold bricks over his head in both hands  and locking him in the dog cage. According to KXIA-TV, they claimed that they were only disciplining the child and that they had deliberately covered him in syrup, knowing that his fear of being sticky (perhaps a symptom of his OCD) would upset him, thus rendering the discipline effective.

After all, what’s the sense of disciplining a kid if the measures are ineffective?

cage5The women and the boy had moved to Douglasville just last month and officials said they were checking with the Pennsylvania authorities, where the three had previously resided, to see if there were any previous instances of the women abusing the child.

*     *     *     *     *

Many folks are going to get very angry when they learn about what these two misguided disciplinarians did to this vulnerable child. Although, as many of you know, I generally lean toward short sentences combined with counseling and rehabilitation, in this case I genuinely believe that this particularly nasty and unnecessary crime should result in a couple of years in state prison for Hostetter and McClain, who although their names suggest a comedy team, were, in this instance, anything but funny.

25 Striking Quotes from Jeffrey Dahmer, Serial Killer

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Courtesy of The Lair, we present 25 striking quotes from Jeffrey Dahmer. Unlike Ted Bundy, Dahmer does not make excuses. Rather, he reaches for answers to the unanswerable horror that he perpetrated. Dare we give him marginal credit for honesty? That’s a question each reader will have to answer for themselves.

 

“I think in some way I wanted it to end, even if it meant my own destruction.”

“It’s just a nightmare, let’s put it that way. It’s been a nightmare for a long time, even before I was caught … for years now, obviously my mind has been filled with gruesome, horrible thoughts and ideas … a nightmare.”

 

jeff“I couldn’t find any meaning in my life when I was out there. I’m sure as hell not going to find it in here. This is the grand finale of a life poorly spent and the end result is just overwhelmingly depressing … it’s just a sick, pathetic, wretched, miserable life story, that’s all it is. How it can help anyone, I’ve no idea.”

“I don’t even know if I have the capacity for normal emotions or not because I haven’t cried for a long time. You just stifle them for so long that maybe you lose them, partially at least. I don’t know.”

 

 

“I don’t know why it started. I don’t have any definite answers on that myself. If I knew the true, real reasons why all this started, before it ever did , I wouldn’t probably have done any of it.”

” … Like arrows, shooting through my mind from out of the blue.” …Fantasies

 

“That night in Ohio, that one impulsive night. Nothing’s been normal since then. It taints your whole life. After it happened I thought that I’d just try to live as normally as possible and bury it, but things like that don’t stay buried. I didn’t think it would, but it does, it taints your whole life.” …Hicks

“Yup, she’s lived in that house a long time.” …’Do you love your grandmother?’

jeff5

 

“At about eleven o’clock at night, when everyone was gone and the store was locked up from the outside, I went out and undressed the mannequin and I had a big sleeping bag cover. I put it in that, zipped it up and carried it out of the store, which was a pretty dangerous thing to do. I never thought of them maybe having security cameras or being locked in the store, but I walked out with it and took it back home. I ended up getting a taxi and brought it back and kept it with me a couple of weeks. I just went through various sexual fantasies with it, pretending it was a real person, pretending that I was having sex with it, masturbating, and undressing it.”

“I felt in complete shock. I just couldn’t believe it happened again after all those years when I’d done nothing like this… I don’t know what was going through my mind. I have no memory of it. I tried to dredge it up, but I have no memory whatsoever.” …Steven Toumi

 

“Am I just an extremely evil person or is it some kind of satanic influence, or what? I have no idea. I have no idea at all. Do you…? These thoughts are very powerful, very destructive, and they do not leave. They’re not the kind of thoughts that you can just shake your head and they’re gone. They do not leave.”

“After the fear and terror of what I’d done had left, which took about a month or two, I started it all over again. From then on it was a craving, a hunger, I don’t know how to describe it, a compulsion, and I just kept doing it, doing it and doing it, whenever the opportunity presented itself.”

jeff4

 

“He just wants to make people feel as guilty and lousy as possible. The guy is such a prick.” …His opinion of Geraldo (woohoo!), a statement made prior to the Geraldo Rivera Talk Show broadcast concerning Dahmer’s crimes.

“I decided I wasn’t ever going to get married because I never wanted to go through anything like that”. On his parents marriage

 

 

“It was nice, with African cichlids and tiger barbs in it and live plants, it was a beautifully kept fish tank, very clean … I used to like to just sit there and watch them swim around, basically. I used to enjoy the planning and the set-up, the filtration, read about how to keep the nitrate and ammonia down to safe levels and just the whole spectrum of fish-keeping interested me … I once saw some puffer fish in the store. It’s a round fish, and the only ones I ever saw with both eyes in front, like a person’s eyes, and they would come right up to the front of the glass and their eyes would be crystal blue, like a person’s, real cute… It’s a fun hobby. I really enjoyed that fish tank. It’s something I really miss.”

“Yes, I do have remorse, but I’m not even sure myself whether it is as profound as it should be. I’ve always wondered myself why I don’t feel more remorse.”

 

The following three quotes concern murders that weighed the most heavily on his conscience

“I wish I hadn’t done it.” …Steven Hicks

“I had no intention of doing it in the first place.” …Steven Tuomi

“He was exceptionally affectionate. He was nice to be with.” …Jeremiah Weinburger

jeff3

 

…I was very careful for years and years, you know. Very careful, very careful about making sure that nothing incriminating remained, but these last few months, they just went nuts… It just seemed like it went into a frenzy this last month. Everything really came crashing down…

“Something stronger than my conscious will made it happen. I think some higher power got good and fed-up with my activity and decided to put an end to it. I don’t really think there were any coincidences. The way it ended and whether the close calls were warning to me or what, I don’t know. If they were, I sure didn’t heed them… 

 

“When you’ve done the types of things I’ve done, it’s easier not to reflect on yourself. When I start thinking about how it’s affecting the families of the people, and my family and everything, it doesn’t do me any good. It just gets me very upset. ”

” … If I was killed in prison. That would be a blessing right now.”

 

“I should have gone to college and gone into real estate and got myself an aquarium, that’s what I should have done.”

” This is the grand finale of a life poorly spent and the end result is just overwhelmingly depressing….. a sick pathetic, miserable life story, that’s all it is.”


4-Year-Old Washington Girl Foils Babysitter Burglary Plot

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commentary by Patrick H. Moore

Millions of American true crime fans, and I include myself among them, fantasize about being CRIMESTOPPERS. In fact, someone recently sent me an excellent book called The Skeleton Crew by Deborah Halber, which describes how amateur sleuths by combining curiosity, patience, a passion for justice and the internet are increasingly collaborating with law enforcement, with some success, to crack cold cases that have been languishing for years.

These so-called amateur sleuths are obviously mostly adults who, in most cases, have been enthusiastic followers of true crime for years or even decades.

gril5Now, however, we have a truly heartwarming case out of Ferndale, Washington in which – believe it or not – a 4-year-old girl cracked a case leading to the release of a wrongfully arrested individual and the apprehension of the real criminals.

Rheanna Murray of Good Morning America writes:

A 4-year-old girl helped solve a crime after her babysitter staged a burglary at her home, police said.

gril4The babysitter reported that two black men armed with a gun and knife barged into the Ferndale, Wash., house where she was watching three children on Wednesday, the Whatcom County Sheriff’s Office said.

gril3In what appeared to be a reasonable story, the teenage babysitter told police that the burglars forced her to take the children and leave the house while they did their dirty work. To add insult to injury, the villainous babysitter then led police to a neighbor who fit her description of the suspects, and he was promptly taken into custody, according to Whatcom County Sheriff Bill Elfo.

Thus, it briefly appeared that the babysitter had succeeded in successfully pointing an accusatory finger at the perpetrator. The babysitter’s ruse soon unraveled, however, when the 4-year-old told police the burglars were white, not black.

Not only did this heroic child set things straight but she did it in rather “colorful” fashion. We’ll let Sheriff Elfo describe:

“She described the suspects as having peach-colored skin as opposed to having dark-colored skin.”

gril8Once the little girl “spilled the beans”, it didn’t take long for law enforcement to get to the bottom of things. Although the specific details of the interrogation of the baby-sitter are not available, we can probably assume that the investigators put the fear of god in her. In any event, she eventually admitted to police that she, her 16-year-old boyfriend, and another 18-year-old friend were the ones who actually carried out the burglary. She served as the inside point person and let the two inside the house, where they absconded with around $1,500 worth of the family’s belongings, including laptops, game system components and a piggy bank, according to a police report.

(My god, these kids were so lowdown that they even stole the piggybank. That alone suggests they should be tried as adults. Not! Though, of course, the 18-year-old burglar will automatically face adult charges.)

The babysitter and her boyfriend’s name haven’t been released because they are not of age. The third accomplice is Ruben J. Benjamin, age 18. The three conspirators were arrested and face theft and robbery charges.

gril7Once the officers had sorted things out, the African American neighbor who had been taken into custody was released.

Oddly enough, even though this was a relatively small-scale burglary, the Sheriff’s Department could not resist calling in the SWAT team.

“It caused us to use a large scale of our resources. We had our SWAT team on the scene,” Sheriff Elfo said. (When will they learn? Or should I say, “They never will learn.”)

*     *     *     *     *

gril6The good news is the wrongfully arrested and racially-profiled neighbor was released and the real culprits have been apprehended, all because a little girl just happened to point out that the villains were “peach-colored”.

Good morning, America!

Kidnapped Baby Genesis Found Safe and Sound in Car Seat by AM Jogger

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compiled by Patrick H. Moore

This is apparently the morning for heartwarming stories. Multiple news services report that an 8-month-old girl, who was kidnapped when a car thief stole her mother’s car with her strapped in the back seat — immediately triggering an Amber Alert — was miraculously found when a Vietnamese woman, who was in Houston visiting her family, made the decision to turn left rather than right while out for a morning jog, and found the infant dumped in the bushes still strapped into her car seat.

KATV.com reports:

An Amber Alert is now over after a Texas baby, abducted from a gas station early this morning, was found safe near a running trail.

babs12The mother of 8-month-old Genesis Haley stopped at the Texaco Gas Station located at 1110 North Sam Houston Parkway West in Houston. Police say she left her green Saturn Ion running with her sleeping infant in the back seat while she went inside the convenience store.

Once inside the store, the child’s mother observed the suspect get into her green vehicle and drive away, with – of course — her 8-month-old daughter still inside.

“As she’s inside, according to surveillance video, you see a blur go up to the vehicle. The car goes driving off,” said Jesus Sosa of the Houston Police Department.

The mother contacted law enforcement who issued an Amber Alert for the abducted child. A frantic search ensued and a few hours later, investigators found the car abandoned next to an apartment complex.

The car seat and little Genesis, however, were nowhere to be found, which prompted a search by air and on the ground.

babs2Enter our heroine, Hong Nguyen. Ms. Nguyen went out for an early morning jog when she heard a baby crying from somewhere off in the bushes

Ms. Nguyen had the presence of mind to investigate after which she immediately called 911, reporting that she had heard and found a crying baby along her jogging route.

“I heard the crying baby,” Nguyen told ABC News. “I looked around and didn’t see anyone nearby, I found the baby lying in the car seat. There were a few ants on her hand, maybe a few insects.”

babs3The police rushed to the scene and there was little Genesis strapped in the car seat there in the bushes. Houston Police Department public information officer, Victor Senties, told ABC News that Genesis was taken to Texas Children’s Hospital to be checked out and is in good condition.

The amazing thing is that Ms. Nguyen said that she normally doesn’t go jogging and that today was the first day she decided to go for a run.

“Normally I stay at home,” she said.

“I didn’t know that the baby was missing,” Nguyen said. “I was very worried and a little bit scared in that situation, so I just wanted to call the police to help me and to find the parent to get her back to her parent.”

babs8Houston Police Officer Sosa sees it as a case of divine intervention:

“God was watching over this child. Even the witness who found the child said she decided to turn left as she was jogging. For some reason, she made a left.”

“I feel very happy and good. The baby and parent can be back together,” said Nguyen.

babs7As of now the car thief and kidnapper still has not been apprehended. The suspect is described as a black male, about 5 feet 9 inches tall, in his late teens to early 20s. Anyone with information on the kidnapping is urged to call the police department at 713-308-3600.

*     *     *     *     *

Car theft, of course, is no joke, but kidnapping is a very serious offense. The added fact that the perpetrator then abandoned the child in a mostly deserted area where it could have quickly expired, or been attacked by predators, animal or human, will surely be seen as an aggravating factor.

Meanwhile, let this be a lesson to all of us. Not only should you never leave your child in a hot SUV with the windows rolled up; you should also never leave your child alone in an unlocked vehicle, even if it’s only for a very short period of time.

Let’s Get Real about ‘Good Guys’ Shooting ‘Bad Guys’

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by Rick Stack

Many American’s who believe in the right to carry firearms claim that if the U.S. outlaws the carrying of guns in public, only the outlaws will have guns and law-abiding citizens will not be able to protect themselves from the criminal element. However, the statistics would indicate that a “good guy with a gun” will be able to stop a “bad guy with a gun” in so few cases as to make the Spaniards’ search for the fabled El Dorado seem almost realistic by comparison (or, if you prefer, you can substitute the search for unicorns or a 4-leaf clover for El Dorado).

dor2You can probably count on one, or possibly, two hands the number of instances in the U.S. each year when a “good guy” civilian with a gun stops a criminal with a gun. In the vast majority of such cases, however, the gun is turned AGAINST the civilian or his/her family members and they become crime statistics. Civilian gun owners, like dor12auto drivers, naturally overestimate their ability to effectively respond to life-threatening situations and as a result, they often end up dead. Even police and military personnel with extensive training and target practice can only hit their target WELL SHORT of 50 per cent of the time (just think back to the two police dor15shootings in Times Square in the last few years, when police fired at perps but instead ended up hitting innocent bystanders). Thus, I would submit that citizens who carry firearms may feel safer but that it is only an ILLUSION of safety.

For that reason, I will never own or possess a firearm nor will I subject my family to the increased danger of death by firearms. I also will not allow my family members to stay with anyone who possesses a firearm. That being said, I agree that U.S. citizens should be able to own and carry handguns if that is what they choose to do. However, reasonable people should be able to agree on at least some of the following moderate gun reform measures:

* dor10The ban on semiautomatic and automatic weapons that helped to stop mass shootings from 1994-2004 should be reinstated.

* There should be reasonable restrictions on the manufacture, sale, and purchase of high-capacity ammunition clips (i.e., no more than 10 bullets in each clip and a person cannot purchase more than 2 such clips each month).

* The manufacture, sale, and possession or armored-piercing (i.e., “cop-killer”) ammunition should be banned.

* There should be background checks required for the transfer or sale of ALL firearms, including transfers or sales at gun shows.

* All ammunition manufactured or sold in the U.S. should be embedded with bullet-unique tracer material so that it is possible for law enforcement to more easily determine the identity of people who commit homicides.

* dor13Any person who has been adjudged mentally ill or who has had a mental competency proceeding filed against him/her should be prohibited from owning a firearm.

* Any person who wishes to obtain a concealed carry permit should be required to undergo extensive firearms safety training and to achieve an acceptable degree of accuracy in target practice with his/her chosen firearm.

* All gun owners should be required to be licensed, trained, and certified for safety purposes. After all, why should it be EASIER for a person to obtain a gun license than it is to have a driver’s license?

dor14The above suggestions would not impinge on our treasured Second Amendment individual right to keep and bear arms. No dor4constitutional right is absolute or unfettered, however; rather, any individual’s rights must necessarily be balanced against the rights of other people. For that reason, the First Amendment does not allow me to falsely yell “fire” in a crowded movie theater, nor does it allow me to make criminal threats of assault against another person. I acknowledge the Second Amendment rights of a citizen to keep and bear arms; however, that citizen must also acknowledge my right not to get shot by his/her firearm.

D.A. and Wife Getting Sweetheart Deals in Alleged Nasty Child Abuse Case

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commentary by Patrick H. Moore

We all know what the term “double standard” means, and none of us like it, unless, perchance, we may be the ones getting the sweetheart deal because the double standard “breaks” in our direction.

I don’t want to overstate the case but there’s a nasty child abuse case out of Franklin Park, PA in which in which a former Pennsylvania prosecutor and his better half may both be getting sweetheart deals. The former prosecutor, Douglas Barbour, and his wife, Kristen Barbour, adopted two Ethiopian children in March of 2012, who they may then have systematically abused. Here is what the alleged abuse consisted of according to a June 23rd AP online article:

barb7The Franklin Park couple was charged in October 2012 when the boy was 6 and found to be malnourished, and the girl was 18 months old and found to have several multiple head fractures in various stages of healing. Kristen Barbour allegedly told doctors the toddler often banged her head accidentally, but a doctor told investigators the child’s injuries were consistent with abuse.

barbThe couple adopted the children in March 2012 and doctors found evidence of abuse when the boy was treated for an infection that September. The boy weighed 37.5 pounds, nearly 10 pounds less than when he had been adopted, and told investigators he was forced to eat meals in the bathroom or stand alone in there when it was dark whenever he urinated or defecated in his pants. The girl’s injuries have not been explained.

Based on the above evidence, I would suggest that the alleged abuse was very serious indeed. I mean: “multiple head fractures in various states of healing…Muy horrible! And why have the “girl’s injuries not been explained”? Very possibly, either Douglas or Kristen, or both, were cracking the little girl’s head into an unforgiving surface. And how could you do this to a little girl barely entering the toddler stage?

barb10With respect to the mistreatment of the boy, consider this: You are adopted by the allegedly magnanimous Americans who are going to give you a new life far superior to what you had experienced in your native land. Naturally, it would be a dramatic adjustment in the best of circumstances. In any event, for whatever reason, you begin to have “bathroom accidents.” This is an area I know little about (though I’m sure I had a few of them when I was a child). I suppose that if my child developed this problem, I would seek some form of professional help. It could be something as simple as talking to my child’s pediatrician, who would certainly be familiar with this problem and could easily outline possible solutions and, if he or she was worth their salt, would certainly stress the need for patience.

barb8Clearly, the bizarre decision to make the little boy (who was clearly failing to thrive based on his dramatic weight loss) eat in the bathroom, and stand there alone in the dark when he had an accident, was a very poor solution to what can be a difficult problem. And as we all know, psychological abuse can be every bit as damaging as physical abuse.
Let’s see what the professionals handling the case have to say:

The Allegheny County Deputy District Attorney Jennifer DiGiovanni told the judge on Monday that the couple did reach out seeking help from experts, including a doctor with expertise in foreign adoptions. When they didn’t like the advice that was forthcoming, however, the Barbours balked because they “were unwilling to change their parenting style.”

“The doctor advised the defendants to be more flexible and change their routine and accommodate” the boy, DiGiovanni said. “Both defendants balked at this advice. ‘That’s not the way we do it. That’s not the rules in our house.’”

barb2Yeah baby! Did you ever stop to think that “the rules in (y)our house” might be dead wrong? No of course, not, because you know all about parenting. That’s why the wee little Ethiopian girl has “multiple head fractures in various states of healing”, and that’s why the boy, who should have been gaining weight, aided by a high-calorie American died, lost slightly over 20 per cent of his body weight in approximately six months.

Sorry! I’m so damned mad that I keep interrupting the professionals.

Douglas Barbour’s defense attorney, Charles Porter, weighs in as follows:

“It appears this simply became a situation that was overwhelming. These are good people.”

Kristen Barbour’s defense attorney, Robert Stewart adds:

“They tried to do something wonderful to provide a better life for these kids. This wasn’t an act of malice.”

barb3Well, although I’m choking on the words, this is what defense attorneys are required to do – soft peddle the reality of the criminal conduct in a manner designed to gain a soft landing for their clients.

Now comes the truly scary part:

Common Pleas Judge Jeffrey Manning stated at the hearing:

“It seems to me this started out as a significant act of charity gone awry. I see no evidence of malice here.”
Cracking the wee tot’s head into a hard surface on repeated occasions is not an act of malice? What is it then? Rational disciplinary action to straighten out an 18-month old child? Tough love? Vomitus vomitus!

barb6Of course, I’ve got nary a shred of proof that either Mumsy or Poopsie is guilty of the above heinous act, and herein lies the genius of a guilty plea, or in this case a plea of no contest, this key issue will never be adjudicated. It will very likely be ignored.

It is noted that the Barbours had two biological children, ages 2 and 4 at the time charges were brought, who were found not to have been abused. They temporarily lost custody of these children but regained custody of them approximately six months later. They have permanently surrendered all parental rights to the Ethiopian children who are now in protective custody.

*     *     *     *     *

Before closing, I would be remiss to not briefly address the legal aspects of the case. The AP writes:

A former Pennsylvania prosecutor and his wife pleaded no contest Monday to endangering the welfare of two adopted Ethiopian children after child welfare officials found the boy had been underfed and the girl physically abused.

barb4Douglas Barbour, 34, who resigned from the attorney general’s office last year, pleaded to misdemeanor counts and will receive probation when he’s sentenced in a few months. His wife, Kristen Barbour, 32, pleaded to felony counts of the same charges and could face prison time, though her attorney, Robert Stewart, said he’ll argue she also should get probation.

So, although there’s no guarantee that Kristen Barbour will not receive jail or prison time, based on the judge’s remarks, she may very well also escape with probation, or possibly a suspended sentence with no time in custody

It is noted that the no contest pleas have the same effect as guilty pleas, in that they are considered convictions. But they also mean that the defendants haven’t acknowledged any guilt, only that they’re not contesting the allegations.

Grrrrr…

 

Necrophilia Girl Has 3-Way Sex Atop 2 Murdered Corpses: Gets 10 Years in Return for Future Testimony

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commentary by Patrick H. Moore

A few days ago I remarked that serious American violent crimes — which of course include sexual assaults — tend to be unimaginative. My statement was, in part, probably a defense mechanism designed to help me endure the horrific nature of the endless array of awful crimes that I cover on All Things Crime Blog. Now I’ve discovered that I was wrong, dead wrong. While sleuthing around I uncovered a horrifying case of American necrophilia that included two dead corpses and the perpetrator, an 18-year-old murderess named Alisa Massaro, having sex with her boyfriend(s) atop the dead bodies.

Decadent though it undoubtedly is, Europe may never match this nightmare for sheer dark orgasmic horror. Unsurprisingly, this all took place in Joliet, Illinois, the same beleaguered mid-American community that now bears the stigma of having more “Krokodil” hospitalizations than any other American community up to this point. Here is what happened as reported by The Independent:

alis6An 18-year-old woman who was apparently “obsessed with necrophilia,” has been accused of having three-way sex on top of the corpses of two men she and her sexual partners allegedly murdered.

A police investigation into a brutal double murder in the town of Joilet, Illinois is said to have found that the bodies of 22-year-olds Eric Glover and Terence Rankins were placed in a pile after being strangled, so that Alisa Massaro could lie on them to have sex.

One of the accused murderers, 24-year-old Joshua Miner, admitted to being Alisa Massaro’s long-term boyfriend. He stated that “for years back she wanted to have sex with a dead guy”He is reported to have said that he had hoped to help Massaro with her fantasy by offering to have sex with her on top of the bodies of the two men he is accused of helping to kill. I am somewhat dubious of the validity of part of Miner’s claim. Massaro was only 18 at the time of the murders. Given her age, it seems improbable that she had been fantasizing for years about necrophilia.

Police reports seen by JoiletPatch.com apparently state that Massaro pooh-poohed Miner’s offer at first and said she didn’t actually want to do it, although she “later acknowledged she and Josh did have sexual intercourse on top of the two bodies”.

alis3According to the police documents, a third member of the alleged 4-person murder team, Adam Landerman, may well have joined in with the copulating couple. In one of its articles, the Daily Mail reported that 19-year-old Landerman is the son of a local police sergeant.

It’s a tall task for the authorities to sort out what actually transpired in this horrific double murder and sexual violation. Along with Massaro, Miner and Landerman, 18-year-old Bethany McKee is also charged with taking part in the slayings, though not the sex act. All four of the accused parties have provided the police with differing versions of what happened.

According to McKee, Miner was the ringleader who came up with the plan to brutally murder Glover and Rankins. She apparently said Landerman was simply a “follower” who did whatever Miner told him to do.

According to what is known, the four alleged perpetrators lured the victims to the Massaro’s house in Joliet with plans to rob them but instead strangled them both.  All four are being held in the Will County jail in lieu of $10 million bail.

alis5Police Chief Mike Trafton said: “This is one of the most brutal, upsetting things I’ve ever seen in my 27 years in law enforcement…Not only the crime scene, but the disregard for common decency towards human beings.”

The mother of deceased victim Terence Rankins called the killings“demonic” and “evil”, and stated that her son and Eric Glover had been friends since childhood.

Although the circumstances of the murder are still under investigation, police have said they believe drugs were involved.

Alisa Massaro’s father is naturally shocked by what his daughter has been accused of and has stated:

“I don’t know what happened…I’m too devastated and I can’t talk about it.”

Later, he is reported to have added:

“All I can say is it’s a terrible thing that happened and I can’t believe my daughter had anything to do with it.”

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All I can say is that I’m awfully glad my daughter doesn’t hang out with this crowd.

alis7The death penalty was abolished in Illinois in 2011 which means the stiffest penalty any of these perpetrators can receive is life in prison, which I’m sure many people will find upsetting. Based on the photographic evidence, one can’t help wondering how these young people became so vile at such a young age. And I’m not referring to their clothes or hair, but rather to their sullen “get off of my cloud” expressions. Even that by itself would not be that upsetting but when you combine their look with their actions, you cannot help but find it intensely disturbing.

 

Update: Twenty-year-old Alissa Massaro pleaded guilty in May to two counts of robbery and two counts of concealment of a homicide – all felonies – in the January 2013 slayings of Terrance Rankins and Eric Glover, both 22. In exchange for her plea, prosecutors dropped Massaro’s first-degree murder charge, according to the paper. She received a 10-year prison sentence.

Massaro’s attorney, George Lenard, said his client’s plea deal was “based on evidence and her willingness to assist” the state in convicting the three other suspects: 25-year-old Joshua Miner, 20-year-old Adam Landerman and 19-year-old Bethany McKee. All three are charged with murder; it has yet to be determined whether or not they will be tried separately.

“If the others go to trial, and if [Massaro] is called as a witness, she will testify truthfully,” said Lenard.

 

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