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Pedro Bravo Convicted by Siri Cell Phone App in Ménage à Trois Murder: Will Do Life in Prison

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commentary by Patrick H. Moore

You know I feel so dirty when they start talking cute
I wanna tell her that I love but the point is probably moot — “Jessie’s Girl” by Rick Springfield

Most of us have struggled with romantic jealousy from time-to-time, especially when we were young. If you are young and you find yourself in this uncomfortable position, I suggest that you find some effective way to distract yourself from the green-eyed monster. If you’re a guy, you might plunge body and soul into the NFL (Hell, I’ve done that for much of my life and still haven’t sustained a concussion) or find a new subject for your romantic desire. If you’re a girl, you may want to turn to your best friends to commiserate or go out on the town for some fine cuisine, or, when the time is right, find a new boyfriend.

Pedro Bravo smiling

Pedro Bravo smiling

When Pedro Bravo found himself in this position in 2012, he did not turn to the NFL. Nor did he find a new subject for his desire. (Note that I avoid using the word “object”. Women (and men) are not “objects” and should not be thought of in that manner.) Instead, he allegedly concocted a plan to murder his longtime pal Christian Aguilar.

Allegedly is probably no longer the operative term here considering that on Friday, a jury of his peers needed only a few hours to find Pedro guilty of  seven charges which unfortunately included kidnapping and murder.

Christian Aguilar smiling

Christian Aguilar smiling

On the witness stand, Pedro argued that although he intended to kill his best friend Christian (never kill a Christian; it’s bad karma), he couldn’t go through with it and instead injured him and left him lying by the side of the road. Although I suppose this could be true, the jury certainly didn’t see it that way.

That fact that Christian ended up good and dead undoubtedly did not help Pedro’s cause. This, in combination with other strong evidence sealed the deal.

Deborah Hastings of New York Daily News writes:

agg2It took only hours after both sides finished arguing the case for the jury to come back with a guilty verdict on all seven charges, which included murder and kidnapping.

One hour after the verdict, a judge sentenced Bravo to life in prison without the possibility of parole for the murder conviction. A shackled Bravo denied he killed his friend before the sentence was handed down.

“I did not kill Christian Aguilar,” Bravo told the court. “I did not do anything to hurt my friend beyond that point that caused him to die. I know in my heart what I did and God know(s) what I did. I’ll take whatever sentence is given to me … and I will do it.”

Based on the judge’s sentencing decision, however, Pedro has little choice other than to accept the sentence meted out to him.

There were two very powerful pieces of evidence that worked against him:

The shovel in question

The shovel in question

First, Bravo purchased a shovel, sleeping pills, duct tape and a knife in Gainesville, where he and Christian were attending the University of Florida, shortly before taking him on his final ride.

During closing arguments, prosecutor Bill Ezzell put it this way:

“He literally bought the murderer’s starter pack.”

While testifying on his own behalf on Thursday, Bravo claimed that he purchased the items because he intended to kill himself, but then couldn’t go through with it.

The problem with this explanation, as I see it, is that Bravo had no way to explain away the shovel simply because once dead, he would have no way of burying himself. Though if you really wanted to get technical, I suppose he could have dug a grave for himself prior to swallowing the pills. He could then have climbed down in the grave, duct taped his mouth and nose to start the process of asphyxiation, and then ran himself through with the knife. Then, while bleeding copiously, with his last remaining strength, he could have reached up and pulled the dirt down over him, covering himself. At least that’s how I would have done it.

Erika Friman

Erika Friman

But to return to our starting point, it was jealousy that caused Bravo to kill Christian. He and Aguilar had been friends for years, but according to the authorities, they had a falling out over a girl, Erika Friman, who used to date Bravo. The relationship did not work out and Erika began seeing the 18-year-old Aguilar.

All three young people had all attended Doral Academy and then ended up in Gainesville to attend college.

The second strong piece of evidence that the prosecutor brought up in court was the fact that Bravo asked his iPhone Siri app where to find a proper remote location to bury Aguilar’s body. According to the evidence, Siri asked Bravo: “What kind of place are you looking for?” and provided possible locations including ‘swamps’, ‘reservoirs’, ‘metal foundries’ and ‘dumps’.

To make it worse, WFOR-TV claims that Bravo’s statements to police concerning the night Christian died kept changing.

agg11Apparently, Bravo initially stated that “he and Aguilar had been riding in his car when the two argued over Friman. But on the witness stand Thursday, Bravo admitted he had physically attacked Aguilar and the two got into a fistfight.”

“I strike him with an open palm on the face and I strike him again on the other side of the face and then I slip and hit him with an elbow,” Bravo testified.

Bravo told the Court that he then left Aguilar on the side of the road, injured but still alive.

Bravo was arrested shortly after Aguilar’s body was found weeks later in a field.

*     *     *     *     *

agg5Although some commentators have been having a bit too much fun with this story, riffing on Bravo’s lack of “smarts” (and I’m also obviously guilty of this), the fact of the matter is one young man is dead and a second young man will spend the rest of his natural days in a Florida state penitentiary, all because Bravo allowed himself to become convulsed with jealousy when Ms. Friman started dating Christian. I can’t help but wonder to what degree the fatal flaw of machismo figured into this off-kilter equation.

 


The Six Degrees of Separation of Nancy Grace

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by Lise LaSalle

Recently, I had the pleasure of discovering an older movie called “Six Degrees of Separation”, a film adaptation of a play written by Pulitzer Prize winner John Guare. The story was inspired by real-life con artist David Hampton who impersonated Sidney Poitier’s son and managed to fool many people in upper crust circles.  In the movie, Stockard Channing was magnificent playing a socialite married to art dealer Donald Sutherland. Will Smith got jiggy with it and gave a super performance in the role of David Hampton. This movie is a real gem.

gabe5The title refers to a theory that all people on Earth are connected to one another by no more than six separate individuals. Not unlike the idea of  “it’s a small world.’’ The theory maintains that through a series of connections or steps, all people have the potential to know one another on a first name basis through mutual acquaintances.

Hungarian writer Frigyes Karinthy first proposed the theory in 1929 but had little to support it. In the 1960s, the Milgram’s Small World Experiment run by a researcher at Harvard University conducted various not entirely scientific experiments testing the truth of the theory. They asked initial participants to mail a letter to friends who would then mail it to their friends, then friends of friends, until it would reach a designated stranger in Massachusetts. Usually, the packets that reached the targeted recipients got there after five to six mailings.

gabe6Facebook, along with the University of Milan, organized a study in 2011.  They analyzed  information from 721 million active members. Researchers found that the average number of connections from one randomly selected person to another was 4.74.  And if you limit it to just the United States, it was just 4.37.

On Twitter, a network is created when users follow each other. According to a study by social media monitoring firm Sysomos, five or less steps separate almost all of Twitter’s 5 billion users.

gabe13Even Hollywood had its own version of Six Degrees of Separation with Kevin Bacon. The game “Six degrees of Kevin Bacon” began in 1994 at Albright College in Pennsylvania, where three friends holed up in a room watching TV realized that Kevin Bacon was everywhere.

Google has incorporated the ‘’Sig Degrees of Kevin Bacon’’ in its search function. This game lets you connect any actor, living or dead, to Bacon.

Let’s try one more: say, Tom Cruise.

“A FEW GOOD MEN”

gabe8TOM CRUISE: (As Lt. Daniel Kaffee) “Colonel Jessup, did you order the code red?”

GREENE: “Oh, yes, that famous line from “A Few Good Men,” which also starred Kevin Bacon. They were side by side. So that gives Tom Cruise a Bacon number of one.”

The Six Degrees game can apply to anyone really so for a laugh, a friend and I decided to play the “Six Degrees of Separation of Nancy Grace.”  I find it scary to think that I could be separated from her by only six people or less, but it was worth a shot.

As she is not a famous actor, but a television crime ‘fighter’ and mommy dearest of twins, I had to find people connections related to her life.

In order to be able to connect the dots, we needed a little biography on our girl Nancy. And it had to be a real one, as she has a knack for twisting the truth.

As she says in her TV promo: “I like to investigate.’’ So do we, Nancy, so do we!

gabe14She was born in Georgia and even after the death of her supposed fiance, she studied law at New York University and found her way to the Fulton County District Attorney’s Office in Atlanta where she served as Special Prosecutor. Her aggressive approach led her to be hired as a TV co-host with Johnny Cochran and on Court TV and finally HLN.

She was accused of prosecutorial misconduct several times in her career and sued a few times while on CNN because of her outrageous lies and slander of people involved in the crime stories she reported on. She is a huge liability but the producers prefer paying up and keeping their sacred cow until the milk stops flowing. Viewers are attracted to her like honey to the bee when she spews her hatred. It is quite a spectacle to see her go after Casey Anthony, Jodi Arias, the Duke Lacrosse players or anyone her heart desires as long as she can shred them to pieces. TV host and funny man Jon Stewart has made some laugh out loud videos about her exploits.

According to Nancy, in 1980, her fiance Keith Griffin, was shot five times in the head and the back by a 24 year old stranger and thug who stole $35 from his wallet.  Police tracked the killer and he denied involvement. At trial, again according to Nancy, she testified and waited for three days for deliberations to end.  The DA asked her if she wanted the death penalty and she said no. The verdict was guilty – life in prison – and appeals ensued. She describes her suffering and her subsequent rise to the status of bulldog prosecutor and anchor on Court TV and HLN as crusader for victim’s rights and professional vilifier.

gabe2Great story but most of it turned out to be false; she claims she was engaged to Keith Griffin who was murdered and the man who killed him is serving a life sentence. Her engagement, however, was ‘secret’ so we will never know if she was really supposed to marry this lucky guy.

In fact, Griffin was shot by a former co-worker whose name was Tommy McCoy and he was only 19 and had no prior convictions.  He confessed to the crime the evening he was arrested. The jury convicted him in a matter of hours, not days. Prosecutors asked for the death penalty but didn’t get it, because the young man was mildly retarded.  Nancy was never consulted and McCoy never filed an appeal; he filed a writ of habeas five years ago, and it was rejected. Nancy also misreported the date of the incident – it was 1979, not 1980 — and Griffin was 23, not 25.

gabe3Nancy talks incessantly about her fiance’s murder and knowing what we know, it makes you wonder if she is living in the same dimension as the rest of us. She also talks about her twins all the time and we know they exist because she waves their pictures on her show and they were on display during her stint on “Dancing with the Stars.”

With all this in mind, we had to find Six Degrees to Nancy.”

Here is what I came up with and it was way too easy:

I follow Mark Geragos on twitter and he recently wrote a book in which he calls her one of the “blond angry women” he has had to deal with. And it’s not a compliment. So I went on my account and wrote to Geragos that after reading his book, I thought it was true that angry blondes had more fun. He replied gregariously that it was very true. As he had been on her show many times, I had my connection. So it was a win!

There was only one degree between us.

But that was too easy because on Twitter, you can be connected to anyone. I then decided to try through my people channel.

It turned out to be more difficult.

I did not know anyone in Georgia or on CNN and I could not channel her dead fiance and the twins are off limits.

gabe15But I thought of my ex who was a lawyer and had gone to the Playboy Mansion.

Nancy would never have been invited to the Mansion or God help us to pose in the Magazine but she was a guest of Larry King who had Hugh Hefner on his show several times. Bingo! It was only 3 degrees of separation.

I was actually amazed at how easy it was. And it makes you go through your whole Rolodex of names and acquaintances.

But my friend had to find her Six Degrees to Nancy Grace and not through my connections.

She had a cousin who was a cop and he went on a trip to Florida while Cayle Anthony was missing. He met and talked to a volunteer who knew another volunteer who knew Tim Miller from EquuSearch who happened to be on the Nancy Grace show.

She was 4 people away from Nancy.

So believe it or not, we all have Six Degrees of Separation to Nancy!

End of the game or was it? As amusing as it was, I found it too simple for my taste until I realized that there were other degrees of separation that connected Nancy Grace to a truly critical part of the legal process: jury selection.

gabe10It so happens that during voir dire for Casey Anthony’s jury selection, the lawyers decided to ask the potential jurors if they watched the Nancy Grace show. They were quizzed about it. Did they watch it? How often? What did they think about the show? So if a juror was a regular viewer of her show and lapped it up, you could pretty well determine that they were pro-prosecution and out the door they went.

gabeThe defense had hired famous jury consultant Richard Gabriel for this case and his choice of jurors turned out to be a total success because they won an acquittal. Gabriel wanted ‘’jurors who were strong enough to ask the hard questions and resist the public’s demand for a conviction unless they felt the prosecution had proved their case.’’ The win was not because of Jose Baez who frankly, was lacking in experience, but because of the carefully picked citizens that were sitting in the jury box. In fact, the only juror that faced the cameras to give an interview after the verdict, declared that there was no place on the air for shows like Nancy Grace. Proof is in the verdict!  The 6 degrees of Separation of NG became a tool to weed out the jurors leaning towards conviction.

gabe12The legal game of degrees of separation of Nancy has picked up more steam. During the George Zimmerman voir dire, defense attorney Mark O’Mara asked the jurors if they watched the Nancy Grace show which led to another win for the defense!

During the trial of Dr. Martin MacNeill, the game was not played during voir dire, but the degrees of separation came in handy during the cross examination of prosecution witness, forensic pathologist Dr. Joshua Perper. This sober medical examiner was called to debunk the defense theory that the victim died of heart problems. Perper’s theory was that the victim had drowned after ingesting too many drugs and  implied that it was with the ‘help’ of her husband who was on trial for her murder. But the defense decided to play six degrees with the doctor. ‘’Weren’t you on the Nancy Grace show to discuss the case?’’ He actually had been and his testimony on the stand contradicted what he had said when questioned by Nancy. gabe4He also admitted that the cause of death was undetermined so it did not bring a victory to the defense but it definitely rattled the prosecution to once again have used Nancy as a potential defense ‘tool’. This time, the jury was already picked so the game was less successful. So it seems to work its magic best during voir dire but who knows? The sky is the limit with such a valuable tool to measure people’s gullibility vis-a-vis HLN.

So any degree of separation with Miss Disgrace could mean you have a chance to win your case. Who knew that this fake justice seeker would one day be used to really fight crime? Every time someone is associated with her, no matter to what degree, they are immediately identified as trouble and the case has a better chance to be solved with less bias. Maybe it is poetic justice after all.

If you are not sure about any legal question, find the six degrees of separation of Nancy Grace. This game is a winner and I am thinking of asking Google to incorporate it in its search engine.

six degrees

[Edit Post]

Utah Man Shoots Neighbor for Telepathically Raping His Wife (Updated)

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by Patrick H. Moore

Here at All Things Crime Blog we come across some very weird cases — some of which, of course, are very disturbing. There’s nothing funny, for example, about a 250 pound sadist plotting to sexually molest and cannibalize a young boy. Once in a while, however, we discover a case which — while undeniably sad and disturbing — can also be viewed as darkly amusing. The case of Meloney and Michael Selleneit of Centerville, Utah fits into this category and is unlike any case I have ever encountered, reading more like a Philip K. Dick novel than a true crime story.

It seems that Meloney, who is 55 and mentally ill, became convinced that her next door neighbor, Tony Pierce, was “telepathically raping” her. Notwithstanding her illness, Meloney found this in no way acceptable — and being a woman of pride and honor — she ordered her husband Michael Selleneit, also 55, to go next door and shoot the bastard.

mike2Don’t think for a minute, though, that Michael was simply a member of the infamous “Honey Do” club and said to Meloney, “Yes, honey. I’ll do it. I’ll take care of it right away.” Instead of jumping the gun and going off half-cocked, he and Meloney sat down and discussed the matter carefully and conscientiously. According to the arrest warrant, Michael Selleneit was convinced that Pierce had been “telepathically raping” his wife for years, and was using crack cocaine to control her mind, which I assume means the purpose of the crack was to soften Meloney up so that she would be receptive to the “telepathic rape.” I realize this is a rather an odd concept, but like I said, this is a very weird case. In any event, according to the arrest affidavit, the couple discussed the matter and came to the conclusion that the only honorable solution would be for Michael to “go for it,” to use Meloney’s phrase, i.e., march over to Tom’s house and plug him. Meloney informed the police that she was not absolutely certain that Michael would actually go through with the attack. What she knew for sure, though, was that Michael would not have shot Tom without her encouragement. 

centWithout further ado, Michael — doubly fortified by his belief that Tony had been committing the heinous act for years and his wife’s encouragement — took the bull by the horns and marched over to Tony’s house where he found him gardening in his backyard. Michael came up behind Tony and shot him twice in the back with a handgun. Witnesses say that after the shooting Michael walked calmly back to his trailer. Fortunately, Tony received medical attention promptly and lived through the attack.

mikeThis is not a new case; the shooting occurred on Nov. 10, 2011. For the past two years, Meloney has been in a Utah state mental hospital receiving care for a variety of mental illnesses including schizophrenia. She had been previously found unfit to stand trial but the presiding judge, Thomas Kay, recently reversed his decision. Thus, since she had long since incriminated herself, not to mention the fact that there were apparently witnesses, Meloney pleaded guilty on Sept. 19, 2013 to illegally possessing a weapon, and criminal solicitation.

Michael Selleneit had already pleaded guilty in January of 2012 to attempted manslaughter and illegally owning a weapon. He was sentenced to two consecutive one-to-fifteen year prison sentences and is serving his time at a Utah mental institution. Michael had also been previously arrested in 1990 for sexual contact with a child.

Meloney Selleneit is current being held in Utah state custody. Although she was scheduled to be sentenced on October 31st, the date has apparently been continued.

 

Update:

That fact that Michael Selleneit is serving his time in a mental institution rather than a state prison is clearly a good thing. Although I don’t anticipate that he will be let out anytime soon (particularly considering that he has a previous arrest for sexual contact with a child), he at least will presumably suffer far less than he would if he were in in state prison.  As for Meloney Selleneit, as nearly as I can tell she continues to languish in state custody while awaiting sentencing.

 

So Do You Want To Understand What Just Happened To Rick Perry?

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by Robert Emmett Murphy, Jr.

Presidential hopeful, and longest-ever sitting Texas Governor, Rick Perry, has been indicted for two felonies and is facing a potential (but improbable) 109 years in prison. His supporters are screaming witch-hunt. His detractors say its long-over-due.

Please relax while, to the best of my ability, I explain what this is about…twice. Because this story has an easy version, and a complicated version. And after I give you both versions, there will be even more to explain.

 

• The easy version:

ace12Travis County District Attorney Rosemary Lehmberg runs the Public Integrity Unit. As her office is in Austin, the Capital, her little office has the authority to investigate corruption state-wide. She’s a Democrat, and although she has aggressively prosecuted political players of both parties, she’s proven a special thorn in the side of the State of Texas’ largely Republican power-structure because her office indicted and convicted Tom Delay for money laundering. DeLay was Texas’ most important power broker, and his influence over redistricting maps was ace4central to the Republicans expanding their power base to completely dominate every level of State government despite having only a bit less than 45% of the population actually self-identifying as Republican (based on a 2008 Gallup poll). This conviction was also a key component in the interconnected prosecutions in the ace11Jack Abramoff scandal, which were maybe the most significant, successful, corruption prosecutions of elected official on the Federal level since the ABSCAM scandal of the 1970s (there have been two major Hollywood movies made about Abramoff’s misdeeds, ABSCAM only seemed to demand one). Fall-out from that scandal enabled the Democrats to seize the majority in the US House of Representatives in 2006, and played a role in the continued Democratic surge that brought President Barack Obama into office in 2008.

Perry and Lehmberg were long-standing adversaries, not in the least because she appears to be the only remaining important head of any facet of Texas’ State-wide authorities that wasn’t a Perry ally/appointee. Moreover, she was investigating one of his signature projects, and by extension, investigating him. That was a state agency called the Cancer Prevention and Research Institute of Texas (CPRIT) which was marred with charges of mismanagement and corruption. In the midst of this investigation, Lehmberg got was arrested and convicted of a misdemeanor. Now had she resigned, or been forced out, in the wake of this, Perry would’ve been empowered to replace her with a DA of his own choosing. His autocracy would be complete, and perhaps this could’ve also derailed the CPRIT case.

aceLehmberg refused to resign.

No one with potential authority to fire or impeach her took any steps against her. The prosecutors who worked under her publicly supported her remaining in office, as did State Senator Kirk Watson and other Democrats. There were at least two attempts to force her out of office through the courts, but so far all have failed to satisfy judges/juries.

Very importantly, Perry didn’t have that authority to demand her removal. She wasn’t a State Appointee, but like him, an Elected Official.

State Capitol night the 2014 3rd Special Session adjourned.Enraged that Lehmberg would not get out of his the way, he threatened to veto $7.1 million dollars in funding for the PIU. When she continued to resist him, he carried through on his threat. This was done at the end of the session, making it illegal for the legislature to overturn the veto come the next session. The Travis County Commissioners were forced to find funding on their own without State support, but what they could manage was radically paired down, requiring steep cuts and lay-offs within the office, which was at the time carrying more than 400 open cases. Despite this, the case against CPRIT continued unabated and a former director, and close Perry associate, was indicted last year for his handling of an $11 million grant.

The charges against Perry are born of his abusing his veto power to achieve something beyond his authority, getting Lehmberg replaced with someone more friendly to him. And he harmed the public good in the process, by defunding an anti-corruption unit. And that unit just happened to be investigating him at the time.

This is the text of the specific law he is accused of violating:

ace14TEX PE. CODE ANN. § 36.03 : Texas Statutes – Section 36.03: COERCION OF PUBLIC SERVANT OR VOTER

(a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree

 

• Now to make it more complicated:

ace15Rosemary Lehmberg’s misdemeanor arrest was for drunk driving. Her arrest and time in the police custody were videotaped, and her behavior was disgraceful: berating the officers, kicking inanimate objects, weeping, and making demands and requiring restraints. Her blood alcohol level was three times the legal limit. Credit card records showed purchases of truly breathtaking volumes of Cirroc vodka, more than 23 gallons, in a 15-month period. This made her far more famous nationally than her successful prosecution Tom Delay (which was recently over turned on the grounds that the evidence was legally insufficient to sustain his convictions, but Lehmberg’s office has vowed to appeal), and fame like this is best described as, “You are now a national joke.”

(some highlights: https://www.youtube.com/watch?v=JrxsCH_p1oc and also https://www.youtube.com/watch?v=s7y7oJ266qI)

ace5It is somewhat of a surprise that the head of an Integrity unit was able to return to her post after being sentenced to 45 days in jail (she served 22.5) and mandated to receive intensive counseling. Perry is insisting that his punitive veto is sincerely in the public interest. When Perry made true his threat to veto funding for the office, he was explicit as to why:

“Despite the otherwise good work of the Public Integrity Unit’s employees, I cannot in good conscience support continued state funding for an office with statewide jurisdiction at a time when the person charged with ultimate responsibility of that unit has lost the public’s confidence.”

ace16As it happens, even though Perry, as Governor, didn’t have the right to fire Lehmberg, he does have broad powers under the Texas Constitution to veto just about anything. Because of that Constitutionally granted power, David L. Botsford, Perry’s defense lawyer, described the indictment that grew out of the veto as an abomination:

“This clearly represents political abuse of the court system and there is no legal basis in this decision. The facts of this case conclude that the governor’s veto was lawful, appropriate and well within the authority of the office of the governor.”

Botsford is likely referring to is something that, when I quoted the law above, I chose to leave out. The last paragraph of the law in question reads:

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term “official action” includes deliberations by the governing body of a governmental entity.

This clause specifically empowers Perry to do exactly what he did…right?

 

• Not so fast.

ace9First off, read broadly, the last paragraph of the law empowers the “member of the governing body ” to engage in wholly legal but still abusive coercion without any restraint. That can’t be right, can it?

And the indictment against Perry addresses this in its last sentence:

“…Perry, knowingly and intentionally influenced or attempted to influence Rosemary Lehmberg, a public servant…in the specific performance of her official duty…the defendant and Rosemary Lehmberg were not members of the same governmental entity…”

(http://www.motherjones.com/documents/1275641-rick-perry-indictment)

ace8In other words the indictment hinges on the exemption applying to one’s bosses; they can influence you (they can tell you what to do) but not as a member of a wholly separate governing body.

The indictment is based on the argument that Perry crossed the line by publicly tying his veto of the unit’s funding to his effort to push Lehmberg from office. “Threatening to take an official action against her office unless she voluntarily resigns is likely illegal. The governor overstepped his authority by sticking his nose in Travis County’s business,” said Craig McDonald, director of Texans for Public Justice, when that watchdog group brought the original complaint against Perry last June.

 (The original complaint: http://info.tpj.org/press_releases/pdf/Threatcomplaint.coxescamilla.pdf)

ace17And not for nothing, but Texas has been down this road before and based on precedent, the law seems solid. In 1917 Gov James E. “Pa” Ferguson was indicted 1917 by a Travis County grand jury on nine charges, one of which was coercion. The coercion charge was based on his veto of the entire appropriation for the University of Texas because it had refused to fire certain faculty members. He was impeached, resigned, and later convicted. (Sounds pretty similar, doesn’t it?)

 

• But isn’t there another precedent that tells a different story? Maybe.

ace22State v. Hanson (1990), in which Bosque County Judge Regina Hanson threatened to terminate the county’s funding of the salaries of a Deputy District Clerk and an Assistant District Attorney in an attempt to coerce the District Judge into firing the County Auditor and to coerce the County Attorney into revoking a misdemeanant’s probation. Hanson was indicted for two misdemeanors. (Again, sounds pretty similar, doesn’t it?)

The indictment were quashed on appeal on the grounds that “the indictments were based on unconstitutionally vague and overly broad penal provisions.” This is the most important paragraph of the decision:

“A vague criminal statute that encroaches on free speech violates due process because it fails to give fair warning of what is prohibited, encourages arbitrary and discriminatory enforcement, and has a chilling effect on the exercise of free expression…The test for vagueness is whether persons of ordinary intelligence must necessarily guess at a statute’s meaning and differ on its application…Therefore, a criminal statute must be drawn with such precision that ordinary people can intelligently determine the lawful course to follow.”

 

• Maybe not.

ace3But there are important differences between the overturned misdemeanor against Hanson and the current two felonies Perry faces, and that difference does not bode well for Perry. First, note that this was couched as a “free speech” argument. But Perry is not being charged related to his speech, but his action; here his speech is merely the evidence of the illegal motive behind his action.

Still, lets extend the other ideas presented, which are related to the “reasonable man” concept in law — would a “person of ordinary intelligence…guess at a statue’s meaning” in this case?

Well, “reasonable man” has no specific legal definition, it is highly subjective, changing from case to case and observer to observer. In this case, what would this flexible concept be measured against?

Well, there’s the earlier conviction of Gov Ferguson.

Then there’s the fact that Perry had the guidance of a legal team who no doubt warned him.

More important still, when he made the initial threat, but before he engaged in the act, there was a public outcry that outlined pretty much what’s in the indictment, and probably a great deal more.

ace7But really the most important measure it the most important yardstick of all, the obligation of all public servants to avoid misconduct or the appearance of misconduct. Lehmberg was holding her office legally, and Perry’s withholding of funds did the public harm (lawyers and investigators within PIU were laid off), and of course she was actively investigating him, or at least his close associates.

Put it in these terms, what if President Obama started re-prioritizing broad swaths of Federal funding away from every state that refused Obamacare’s Medicaid expansion?

Under these circumstances Perry can’t claim excessive vagueness in the statute as a defense unless he’s deaf, dumb, blind, and stupid.

(I know what your going to say in regard to that last word. Please show restraint.)

 

• Is this all just political tit-for-tat?

ace2No, there is law here, and there are facts. But, yes, much of it is pure politics. And the politics run deeper than simple partisanship; it touches on the core functionality of government itself. The indictment is based on Perry’s politically motivated actions that seem to violate the separation of powers between the Governor and the DA (and by extension, the Judicary); but the actual indictment is also seen by some as a threat to a different separation of powers, by disempowering the Governor’s broad veto power one inevitably tips the balance in favor of the Legislature.

Then of course, there are associations we give our loyalty to that shape our choices, and others perceptions of our choices, that set the wheels in motion as much as law, fact, guilt, or innocence.

Before the Perry part of the scandal flowered, Lehmberg had already stated she won’t run again in 2016. She also made it clear her decision to stick it out until then has was to avoid complete Republican hegemony over Texas, especially in the sensitive area of Integrity Investigation. The Perry part of the scandal could’ve been easily avoided had he agreed to allow Lehmberg choose the successor he appointed, and that really wouldn’t be too much to ask given her 37-years as a much-respected Prosecutor, who won her last election by something like a 75% margin. Why that didn’t happen is lost in the secrecy of a back-room-maybe-but-not-quite-deal, but clearly, Perry wasn’t agreeable. It has been suggested he wished was to install Terry Keel, much respected, with a long resume of legislative, legal, and law enforcement experience, but probably most importantly, a solid Republican loyalist.

ace19Texas Republicans had long complained about what they saw as partisan prosecutions in Travis County, one of the most liberal parts of the state. The very troubled, and ultimately failed, prosecution of Kay Bailey Hutchison is frequently cited. The overturning of Tom DeLay’s conviction seemed to confirm this theme. Regarding the Perry case, they are unimpressed by any Grand Jury that, because of its location, was almost certainly filled with Democrats, sitting in judgement over a Republican Presidential hopeful.

But juries are made up of common citizens, they aren’t politicians, and anyone with a specific interest in the case or the defendant are specifically barred from serving. It was a jury of citizens that affirmed the indictment against Perry. It was also a string of juries of citizens that made the indictment of Hutchison so difficult to obtain and then ultimately acquitted her. And it was a jury of citizens that convicted DeLay — but it was an Republican Judge (an elected official, so effectively a politician) that threw the conviction out because he didn’t see any evidence, though they clearly did.

ace21As mentioned before, Perry is a Presidential hopeful; though no one has really announced who is going for the White House in 2016, it’s pretty obvious who’s positioning themselves. Sadly, Perry’s indictment is just the most recent in a string of national GOP embarrassments that came out of that positioning. Other hopefuls, Michelle Bachman, Chris Christie, and Scott Walker, are all subject to high-profile ethics and criminal investigations.

There’s a lot of jokes being told about this, my favorite was posted on Facebook by Jinni Lorette:

“Republicans pick Presidential candidates like Rhianna picks boyfriends…cannot find one that will work out.”

 

‘Tough Love’ Tulsa Cop Faces First-Degree-Murder Charges for Execution-Style Murder of Daughter’s New Boyfriend

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commentary by Patrick H. Moore

I’m always amused by the cockamamie notion that fathers have to be weird about their daughters’ boyfriends. For example, in another lifetime, I used to work as an estimator in a sheet metal shop at Land’s End down by the East Palo Alto junkyards in Northern California.

annon11Our General Manager, who was known as Big Pat, and I were more or less pals. We’d play basketball at lunch and talk about the Lakers and the Warriors. Dude knew everything about sports and had been an ace pitcher as a kid who was not at all shy about resorting to the old brush back when the situation called for it. In fact, he told me with considerable pride that he had once nailed two batters in a row to get out of a jam, no mean feat.

Dude also gleefully described how he was going to handle his daughters’ boyfriends (he had three little girls).

“Our bedroom is at the top of the stairs and if I lie in bed with my 12-gauge with the door open (something he may have enjoyed doing given that he weighed in at a solid 305), I can sight right down the stairs. Any time any punks try sneaking up the stairs to get fresh with any of my girls (all the bedrooms were upstairs), I can mow ‘em down before they’re halfway up the stairs. KA-BOOM!”

Big Pat was like a cartoon character in some respects and I really did like him, even though we disagreed on almost everything.

annon6Since that was many years ago, Dude’s daughters are all grown up now and he’s no doubt had plenty of chances to blow his daughters’ boyfriends to Kingdom Come. Hopefully though, he’s managed to control himself…

annon4Shannon Kepler, a 24-year-veteran with the Tulsa Police force, was not able to control himself on August 5th when he shot and killed his adopted daughter Lisa’s brand new boyfriend, 19-year-old Jeremy Lake, with his wife, Gina, also a long-term veteran of the Tulsa force, riding shotgun in his truck.

Now admittedly, Lisa was somewhat of a handful and reportedly suffers from Reactive Attachment Disorder, which apparently means she is unable to socialize normally. Her parents, Shannon and Gina, had apparently had it “up to here” with her and had “booted” the 18-year-old out of their house, dropping her off at the Tulsa Day Center for the Homeless, a few days before Shannon allegedly murdered Jeremy.

Sasha Goldstein writes of the New York Daily News writes:

annonA Tulsa police officer who gunned down his daughter’s boyfriend was charged with first-degree murder Monday stemming from the off-duty shooting of the transient teen.

Shannon Kepler, 54, was also charged with shooting with intent to kill because he aimed and fired at his daughter, 18-year-old Lisa Kepler, during the deadly Aug. 5 confrontation, prosecutors said.

(Although Big Pat might have conceivably shot and killed one of his daughter’s suitors, I don’t believe he would have also have tried to take a piece out of his own flesh and blood.)

annon7Now here’s the deal: If you, as a parent, dump your obstreperous daughter off at a shelter as some kind of “tough love” gesture, it stands to reason that she’s going to hook up with someone, and Lisa, whatever her faults may or may not be, is not an unattractive young lady.

And sure enough, it didn’t take Lisa long before she and Jeremy were a duo. If fact, within a few days, Jeremy had allegedly invited Lisa to move in with him at his aunt’s house and she did.

So a few days later, Shannon and Gina are off-duty and they drive over to Jeremy’s aunt’s house. Sasha Goldstein writes:

Shannon Kepler allegedly pulled up to Lake’s aunt’s house, where the two teens were staying, and opened fire. Lake was killed and left lying in the street while Lisa Kepler cowered behind a bush as her father shot at her, she told the Tulsa World.

Her mother was sitting in the front seat of the black SUV.

“I really hope they rot in prison for a very long time,” Kepler sobbed as she addressed reporters the day after the shooting.

annon8This is nasty. Shannon Kepler should not have shot and killed Jeremy, who wasn’t necessarily a bad kid (and even if he was a bad kid, that’s no reason to murder him), and then firing at his poor troubled daughter (assuming he did) is way over the top. Kepler is scheduled to appear in court on Tuesday to face the charges.

Kepler’s arrest followed Lisa phoning the police and turning him in for the shooting. Her version of the events is as follows:

She and Lake were walking home when a black SUV pulled up and her dad got out, shouting at her.

“I walked away and Jeremy tried to introduce himself, and my dad shot him,” KJRH-TV reported.

annon2Lisa’s mother “Gina Kepler was originally arrested for being an accessory after the fact of murder and later released on $30,000 bond, but prosecutors decided to drop charges for lack of evidence.”

Gina’s attorney Scott Troy told the Associated Press they’re “taking it one day at a time” and that “it’s unclear if she’ll remain with the police department.”

To their credit, the Tulsa authorities appears to be handling this like any other seemingly open-and-shut homicide:

“We’ll treat this like we treat any other case,” Tulsa County District Attorney Tim Harris told KJRH. “Shannon Kepler, because he is a police officer, won’t get any special treatment. We will go forward like we do with every prosecution.”

* * * * *

annon3Now although it’s been reported that 18-year-old Lisa suffers from Reactive Attachment Disorder, it would not seem inappropriate to suggest that Shannon Kepler may suffer from the exact same condition. The big difference is, though, he had a gun and appears to have shot Jeremy Lake (assuming the reports are accurate) like he was shooting fish in a barrel.

Step-Mother from Hell Gets Five Years in Prison for Starving 15-Year-Old Girl

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by Patrick H. Moore

On February 6th, 2012, the 15-year-old victim in this reckless endangerment case (her identity is protected because of her age) decided she couldn’t take it anymore. After several years of being starved and held prisoner in a Madison, Wisconsin basement by her abusive stepmother, Melinda Drabek-Chritton, the girl ran away from home, all 68 pounds of her. A good Samaritan found her barefooted, clad only in pajamas. He called the police.

houAt first based on her weight and general appearance, the authorities believed she was only eight or nine years old. She described to the police how she was kept in the basement, and was not allowed to use the bathroom upstairs. She further described how she  was abused by Drabek-Chritton, and how her stepmother encouraged her stepbrothers to do the same.

A. James of the Guardian Express writes eloquently:

Melinda Drabek-Chritton, 43, of Madison, Wisconsin was sentenced in a Wisconsin court today. She pleaded no contest in April to first-degree recklessly endangering safety and causing mental harm to a child. Her 15-year-old stepdaughter had been starved and mentally abused. Drabek-Chritton will now go to prison.

James explains how this is the story of “two natural parents who put their needs and ambitions before those of a child,” and how there are no ‘good guys’ here, only “one abused and neglected child who was the victim of several ‘bad guys.’”

This is about a 15-year-old girl who was struggling with lifelong emotional issues. Until 2006 she had lived with her birth mother and her stepfather in Texas. Her mother’s husband was a registered sex offender. The young girl claimed she had been sexually abused by him, and later recanted. However, Dane County Human Services investigators eventually determined she had been sexually assaulted.

twosomeStuck between a rock and a hard place in Texas, in 2006, the girl went to live with her father and his wife, Drabek-Chritton, in Madison. She was eight years old at the time. Two years later, in 2008, she had her last doctor’s appointment. In essence, her father and stepmother ‘gave up on her.’ They even stated that they “didn’t want to be bothered with her problems and gave up.”

But, in reality, they did far worse than that, according to the prosecutors, who stated that keeping her in the basement, starving her, and withholding bathroom facilities and ordinary medical care, in effect, amounted to “torture”.

Dane County Circuit Judge Julie Genovese rejected the “torture” charge, stating alternatively that the girl suffered “profound and sustained neglect” that recklessly endangered her safety and ultimately her life.

The girl’s father, Chad Chritton, was convicted of felony child neglect in March. Like the child’s stepmother, he was ultimately sentenced to five years in prison.

At least one of her stepbrothers is expected to be charged with sexual assault.

Melinda Drabek-Chritton was sentenced to five years in prison to be followed by three years of extended supervision.

mom2The 15-year-old girl was treated — presumably for malnutrition and overall neglect.  She is now living with a foster parent who testified in court on Friday that the girl was slowly improving, but that she continues to have difficulties.  She has difficulty with everyday communication, struggles (or doesn’t even try) to make friends, and shrinks from physical contact.

The prosecuting attorney stated that the girl was failed by the system and that she was a victim of uncaring parents. Now that the damage is done, the “system” will lock up the evil stepmother. Her father has already been sentenced It is unclear if anything will happen to her sexually abusive biological father in Texas.

*     *     *     *     *

At this point, it is, of course, impossible to predict with any certainty whether the girl will ever be able to recover from the years of abuse and neglect and go on to live any semblance of a normal life. What is certain, however, is that her situation is hardly an isolated case. Child abuse and neglect is a factor in the formation of the criminal mentality in a large percentage of our clients. It is without a doubt among our most pressing social problems and — because it is largely hidden — is one of the most difficult to overcome.

The Monstrous H.H. Holmes and His Murder Castle Inc.

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by Darcia Helle

You’ve probably fantasized about your dream home. Most of us do. You might want a spacious mansion, a decadent penthouse, or an old farmhouse. Chances are you won’t be fantasizing about a Murder Castle. It’s even less likely that you’ll be designing and building one. But H.H. Holmes did just that.

hhh16Holmes was born Herman Webster Mudgett, on May 16, 1861, in Gilmanton, New Hampshire. His parents, Levi Horton Mudgett and Theodate Page Price, were farmers and devout Methodists. We don’t know a lot about Holmes’s early life. Some reports state that his father was a violent alcoholic, though it’s unclear how much, if any, abuse Holmes endured during his father’s drunken outbursts. Holmes claimed to have been bullied as a child, brought on in part by his fear of the local doctor. Hoping to terrorize him, the bullies forced Holmes to look at and touch a human skeleton. This scheme apparently backfired and instead sparked his lifelong obsession with death.

Holmes began his adult life with a con job. On July 4, 1878, he married Clara Lovering with the sole intent of using her money to put himself through medical school. Their son, Robert Lovering Mudgett, was born on February 3, 1880 in Loudon, New Hampshire. We don’t know what kind of relationship Holmes had with his wife and son in those early years. Holmes struggled in medical school, all the while resenting the wealthy, carefree students who didn’t need to work to support a family.

hhh18While in medical school, Holmes was exposed to the questionable practice of buying and selling skeletons and freshly dead bodies. Medical schools needed intact skeletons and cadavers for their students, and their methods for supplying those bodies were not monitored by law enforcement or any agency. Though they didn’t flaunt their practices and were careful not to purchase obvious murder victims, their questionable methods were a kind of open secret. Holmes paid attention and soon found ways to use this to his advantage.

Holmes’s descent into the macabre began with stealing dead bodies from the medical school laboratory. He’d take out life insurance policies on the dead under false names, disfigure them so they were unrecognizable, then claim they’d died accidentally so that he could collect the insurance. Not long afterward, he realized it was smarter to use newly dead bodies, since they had yet to be embalmed. This afforded him a double scam. After collecting on the life insurance, he could sell the body to the medical school. And so began Holmes’s career as a killer.

In June of 1884, Holmes managed to pass his final examinations. He’d done so poorly at the medical school that the board had to vote twice before agreeing to give Holmes his license. The problem wasn’t that Holmes lacked intelligence, but rather he lacked the focus and desire to perform well on exams. Not long after receiving his medical degree, he left Clara Lovering, changed his name from Herman Mudgett to Dr. Henry Howard Holmes, and moved to Chicago.

hhh3Holmes began his new life working as a pharmacist in a drugstore owned by Dr. Elizabeth S. Holton. She soon sold the business to Holmes, most likely because she’d become pregnant though this is more speculation than fact. By most accounts, Holmes was a well-liked and respected businessman. No one questioned his identity or credentials.

On January 28, 1887, he married Myrta Belknap, despite not having divorced his first wife, Clara. For the most part, Holmes kept Myrta away from his business. Their family home was in Wilmette, Illinois, but he spent most of his time at his pharmacy in the Englewood neighborhood of Chicago. Today the travel time is only about 30 minutes by car, but would have been far longer back in the late 1800s. Holmes eventually had three children with Myrta, though again it’s unclear how much time and attention he gave his new family.

hhh10Around this time, work began on the World Columbian Exposition – now known as the Chicago World’s Fair – which was expected to be the largest event in history. The site where the fair would be held was only about three miles from the Englewood neighborhood where Holmes worked. Though he had very little money of his own, Holmes managed to con creditors and use further scams to purchase an empty lot across from his drugstore. He immediately began work on the design and construction of what he claimed would be a hotel for the fairgoers. In reality, though, Holmes had other grisly ideas from the very start.

The massive three-story building took up the entire city block, and locals began referring to it as the Castle. Holmes moved his drugstore to the bottom floor, along with various other shops. The two upper floors were a maze containing his office and “guest” rooms. Within this labyrinth were 100 windowless rooms, doorways opening to brick walls, stairways leading nowhere, doors that only opened from the outside, closets with trap doors in the floor, and hallways hhh4jutting out at odd angles. Throughout the construction, Holmes repeatedly changed builders, often using workers from out of town, and never shared his completed plans with anyone.

In 1889, during the three-year period of construction, Holmes met the carpenter Benjamin Pitezel. The two formed a relationship of sorts that Pitezel and his family would eventually pay dearly for. Holmes and Pitezel traveled together, sometimes sharing a room. They also schemed together, particularly with insurance fraud. Despite what Pitezel took to be friendship, Holmes seems to have marked his friend as a victim early on.

The city of Chicago was consumed with preparation for the upcoming fair, and so was Holmes. He hired young, single women to work in his Castle as maids and secretaries. All were given life insurance policies as part of their job benefits, which Holmes paid for and was also beneficiary of. While Holmes and Pitezel had plans for insurance fraud, Holmes actually had plans for much more. Although Pitezel believed they were merely scamming the life insurance companies, Holmes was actually murdering the women.

Chicago bustled with activity during the years leading up to the fair. Workers needed to live close by. Supplies were trucked in. The local economy boomed. The surroundings offered the perfect cover for Holmes’s murder spree.

Approximately 27 million people passed through Chicago during the fair’s six-month span. Crime ran rampant. Strangers came and went, filling the city with transients. The fledgling, understaffed police force couldn’t keep up. Holmes found his ideal playground.

hhh5The Castle had been made to the specifications of a madman. Secret passages, sound-proofed rooms, and specially greased chutes were only the beginning. Holmes had stocked his Murder Castle with torture equipment, such as an elongated bed with straps thought to be used to see how far the human body could be stretched. Some of the rooms were equipped with gas pipes, so he could slowly poison his guests while they remained locked inside. He’d installed a special furnace that burned hot enough to incinerate bone, and kept vats of acid for eating away flesh. The special chutes gave him a convenient method of moving bodies from the second and third floors down to the basement for disposal.

Of course, at the time no one but Holmes knew the reasons for the odd, maze-like construction. The missing maids and secretaries were easily explained. Young, single women often left to marry. Or went home to visit their families. Guests came and went all over the city. They weren’t known and were rarely associated with a stay at Holmes’s hotel. No one questioned the respected businessman running The Castle.

In October 1893, when the fair shut down, activity in Chicago came to a grinding halt. The economy fell into a slump. Creditors were catching up to Holmes, who’d failed to pay most of the construction costs for his Murder Castle. So he did what he’d become good at, and made plans to scam an insurance company.

hhh6Around this time, the Murder Castle caught fire. Dates differ depending on the source. Some cite August 19, 1894 but most claim the fire occurred in November 1893. It’s possible these were two separate fires, with the first being smaller and unsuccessful. Most agree that Holmes was in deep with debt and attempted arson to collect on the $60,000 insurance policy he held on his castle. The insurance company was not as easily scammed as the life insurance companies he’d worked with in the past. Because Holmes constantly changed the building’s ownership papers in order to avoid creditors, the insurance company argued fraud. They refused to pay and Holmes had no choice but to flee. Soon police and firemen were uncovering the gruesome scene Holmes had left behind.

Holmes, unaware authorities were on to him back in Chicago, went blissfully along his murderous path. He traveled to Fort Worth, Texas, where he had property he’d inherited in one of his murder schemes. There is speculation that he attempted to build a second murder castle, but for whatever reasons, he abandoned the project and moved on. He then traveled to Denver, where he married Georgia Yoke on January 17, 1894. The two had met at the fair, and Georgia seems to be the only woman Holmes ever truly loved.

hhh8In July, 1894, Holmes – under his new identity of H.M. Howard – was arrested for the first time on charges of horse swindling. While in prison, he met convicted train robber Marion Hedgepeth, and the two of them concocted a plan for insurance fraud. Holmes was to fake his death, Hedgepeth would collect on the life insurance claim, and the two of them would share the money. Hedgepeth gave Holmes the name of a lawyer who was an associate and would happily comply with their scam. But after leaving prison, Holmes quickly forgot about Hedgepeth. Instead he made a similar plan with his friend Benjamin Pitezel, only this time it was Pitezel who was supposed to fake his death.

Holmes and Pitezel devised a scheme, though it’s unclear how much of the plan Holmes intended on sticking. In Philadelphia, Pitezel would assume the identity of an inventor named B.F. Perry. Holmes was to procure a corpse, presumably from a mortuary or medical school. Holmes and Pitezel would then rig a laboratory explosion in which B.F. Perry would be killed, with the cadaver as Pitezel’s stand-in, becoming disfigured and therefore unrecognizable in the blaze. Pitezel’s wife would then collect the $10,000 life insurance policy and they would split the money.

hhhAt some point, Holmes came up with a much more elaborate and lucrative plan of his own. Pitezel tended to be melancholy, slightly depressive, and a heavy drinker. Holmes used this to his advantage, feeding his friend alcohol until he’d passed out. After arranging the scene to his liking, Holmes doused his friend in flammable liquid, concentrating on Pitezel’s face, and lit a match. His friend, Benjamin Pitezel, might have been alive when he was set on fire, though this detail is unclear.

Holmes’s wife Georgia had accompanied Holmes to Philadelphia during this time, though she knew nothing about the insurance fraud or the murder. After killing Pitezel, Holmes took his wife back to their home in Indianapolis. He then traveled to St. Louis, where he told Carrie Pitezel, Benjamin’s wife, that Pitezel was in hiding until they’d safely collected on the claim.

In the meantime, on September 4, 1894, a visitor to the Philadelphia office of B.F. Perry arrived to find the door locked. Thinking this strange, she contacted the police who then forced the door open. Inside the office, they found the body of a man with severe burns. A pipe, matches, and a broken bottle with remnants of a flammable liquid similar to benzene, or possibly chloroform, lay nearby. The victim of an apparent explosion, police assumed him to be B.F. Perry, who’d recently rented the office.

hhh11About two weeks after the discovery of Perry’s body, Fidelity Mutual Life Association of Philadelphia received a letter from St. Louis claiming B.F. Perry was actually Benjamin F. Pitezel, whose life had been insured by their company. Soon two professional men arrived in Fidelity’s Philadelphia office, claiming to represent the widow Pitezel. One introduced himself as Dr. H.H. Holmes, with the explanation that Mrs. Pitezel was too ill to travel. The other man was Jephtha Howe, Mrs. Pitezel’s attorney. With them was one of Pitezel’s children, 14-year-old Alice. Holmes made the identification, assuring the insurance representatives that Pitezel had certain specific moles and markings enabling him to do so despite the severe burns. The $10,000 insurance claim was paid to Holmes, who was there acting on behalf of the widow Pitezel and her five children.

Fidelity would likely never have questioned any of this if it hadn’t been for an angry, vindictive prisoner Holmes had double-crossed. Marion Hedgepeth, the man Holmes had once share a cell with back in St. Louis, was furious that Holmes had used a version of their scam and the lawyer he’d recommended, but had reneged on his promise to share the money. Hedgepeth gave a detailed account of the scheme to police, who then passed the information on to Fidelity. Though Hedgepeth only knew Holmes as H.M. Howard, it didn’t take long for the insurance company to figure out that Howard was actually H.H. Holmes. They tried unsuccessfully to track him themselves, and soon hired investigators from the Pinkerton National Detective Agency to chase him down.

Holmes now had the money in his pocket and assured Carrie Pitezel that he would lead her to her husband, but they had to be careful not to be followed or caught. He also managed to convince her that it would be best if he took three of the children – Alice, Nellie, and Howard – with him, leaving Carrie to travel only with the oldest and the youngest of her children.

hhh7Holmes inexplicably took the three children across country, at the same time traveling with his wife Georgia. And so began Holmes’s game of human chess. He managed to move his wife and the children from one city to the next, together but separately. The children were kept hidden away in rooms, hotels, and sometimes houses, without his wife ever knowing of their existence. Each day the children wrote letters to their mother, detailing their experience on the run. Each day Holmes took the letters with a promise to ensure their mother received them, which of course she never did.

While he shuffled the children and his wife from city to city, Holmes had Carrie Pitezel and her two remaining children moving along a parallel route. Holmes devised an elaborate ruse, supplying multiple forwarding addresses for communications. At various times, he told Carrie that her children were safe with a widow in Indianapolis and a wealthy woman in London, and that her husband was safely hiding, first in Canada and later in London.

hhh20Amidst all of this, detectives from the Pinkerton Agency somehow managed to track down Holmes. Finally, on the afternoon of November 16, 1894, H.H. Holmes was arrested in Boston as he reportedly prepared to take a steamship to England. Because the insurance scheme and Pitezel’s murder had taken place in Philadelphia, Detective Thomas Crawford brought Holmes back there. The police in Chicago, where the Murder Castle held his many atrocities, were initially unaware of Holmes’s arrest.

During the time Holmes awaited trial and, later, while awaiting execution, he spun extravagant tales about his escapades. He always claimed innocence, and his stories changed frequently. Months passed and the Pitezel children were nowhere to be found. Finally, in the early summer of 1895, Detective Frank Geyer was assigned to track them down.

hhh13For reasons never explained, Holmes had kept all the letters the children had written to their mother. The letters were in his possession when he was arrested. Using these letters as a guide, Detective Geyer took a train to the Midwest to begin his search. In Cincinnati, Ohio, Geyer found someone who remembered Holmes traveling with the children. He’d been using the alias Alex E. Cook, which he’d sometimes used in prior business matters. That contact led Geyer to a woman who’d seen Holmes with a boy in a nearby house. But there was no sign of the children.

When those leads dried up, Geyer continued using the letters to follow the trail. He wound up in Detroit, where Alice had written the last of her letters to her mother. In this letter, Alice wrote, “Howard is not with us now.” This, to Geyer, almost ensured that Holmes had killed the boy prior to arriving in Detroit.

Geyer followed more leads to Toronto, Canada, where he questioned real estate agents about a man traveling with two young girls. He was told about a man who’d rented a home for a short time. A woman identified Holmes from a photograph, stating he was in fact the man who’d rented the house. He’d also requested the use of a spade to plant potatoes in the cellar, and had only brought one mattress into the house.

hhh2Inside, Geyer found the cellar had a soft dirt floor that appeared recently disturbed. Almost immediately after he began digging, the specific stench of human decay filled the air. Three feet down, Geyer came upon a small arm bone. He stopped digging and had an undertaker continue the job. Soon they had exhumed the bodies of two girls, both naked, believed to be Nellie and Alice Pitezel.

Detective Geyer was now determined to find the body of Howard Pitezel. He knew Howard had been separated from his sisters before arriving in Detroit, so he backtracked the route laid out in the girls’ letters and went to Indianapolis. Eventually, instinct and luck brought Geyer to Irvington, Indianapolis, where he found a man who’d rented a house to Holmes. The man recalled a small boy had been with Holmes.

Geyer checked the basement but found no disturbed dirt and no body. He did find a trunk in a small alcove and sent the description to Carrie Pitezel via telegram. When she replied that the trunk was hers, Geyer knew he’d found the right place.

In the barn, Geyer found a coal stove with stains that looks like dried blood. A local doctor poked through the ash and showed Geyer pieces of charred bone, which turned out to be part of a skull and femur belonging to a male child. Geyer dismantled the chimney, where they discovered a complete set of teeth and a piece of a jaw. A dentist identified these as belonging to a boy 7 to 10-years-old. More grisly body parts were uncovered at the bottom of the chimney, and Geyer had no doubt he’d found Howard.

hhh12By this time, Chicago was battling Philadelphia for the right to try Holmes first. Philadelphia prevailed, and Holmes’s trial for the murder of Benjamin Pitezel began on October 28, 1895. On the first day, Holmes decided to fire his lawyers and defend himself. This was unprecedented in the U.S. where no murder defendant had ever before  chosen to represent himself. Various accounts describe Holmes as cool and calm or monstrous and out of control. An article in the Philadelphia Inquirer called his behavior in court “remarkable”.

The trial lasted five days. Despite Holmes’s courtroom theatrics and declarations of innocence, the jury convicted him of Pitezel’s murder and the judge sentenced him to death by hanging. Holmes would not stand trial for the murder of the three Pitezel children or any of the atrocities done at the Murder Castle.

After his conviction, Holmes was paid $10,000 from the Hearst newspaper syndicate to write a public confession. He did so, and the piece was published in The Philadelphia Inquirer. Knowing he had no hope of appeal, Holmes changed tactics and decided to brag about his conquests. Initially he claimed to have killed more than 100 people, though he soon retracted that confession and changed the number to 27. As his hanging loomed ever closer, he wrote, “I was born with the Evil One as my sponsor beside the bed where I was ushered into the world.

On May 7, 1896, H.H. Holmes was hanged. His final words were a retraction of all his confessions, and a declaration of innocence:

hhh9“Gentleman,” he said, “I have a very few words to say. In fact, I would make no statement at this time except that by not speaking I would appear to acquiesce in life in my execution. I only want to say that the extent of my wrongdoings in taking human life consisted in the deaths of two women, they having died at my hands as the result of criminal operations. I wish to also state, however, so that there will be no misunderstanding hereafter, I am not guilty of taking the life of any of the Pitezel family. The three children or the father, Benjamin F. Pitezel, of whose death I am now convicted and for which I am today to be hanged. That is all.”

The two women’s deaths Holmes admitted to being responsible for were, he claimed, a sort of medical malpractice. When the trap was sprung, the gallows malfunctioned and Holmes’s neck did not snap in the fall. He dangled for about 15 minutes, reportedly twitching, before succumbing to death.

Holmes had been terrified that body snatchers would steal his corpse and sell it for a profit, and so he’d made arrangements with an attorney to have his body buried in a coffin filled with cement. Two Pinkerton guards stood over the grave in Holy Cross Cemetery as the coffin was placed and the entire grave filled with cement. No stone was erected to mark the spot.

hhh17In the end, no clear answers or motives were ever provided for Holmes’s gruesome deeds. When Chicago officials went over missing persons records and various registries during the time of the fair, they surmised that his victim count could be as high as 200. We’ll never know what drove Holmes or how many lives he really took. He was only 35-years-old when he died on the gallows.

  • While researching this case, I came across a variety of spellings for Benjamin Pitezel’s name. An 1895 issue of the Chicago Tribune has it spelled Pitzel, as does a feature story in a 1943 issue of Harper’s Magazine. One 1894 article in the New York Times has it spelled Pietzel, while another spelled it Pitzel. All later articles have his name as Pitezel, which is the spelling I stuck with here.

 

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

Modern Day Executioners Despise the Death Penalty

‘Trial by Media’ Is Not a New Phenomenon: The Kangaroo Hanging of Alvin Edwin Batson

“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

The characters await you.

The Horrible Death of Gabriel Fernandez: Worst Case of Child Abuse in Southern California History?

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commentary by Patrick Moore

Six months ago I received a lecture for casting aspersions upon foster parents and Child Protective Services’ case workers. The woman who criticized my criticism pointed out that I was focusing on bad foster parents and corrupt case workers rather than realizing that these miscreants are the exception, not the rule. I took the advice to heart and have since bent over backwards to be fair and balanced with respect to this issue.

abee7Yesterday, however, the Huffington Post and other media sources reported a case of such shocking malpractice (for lack of a better word) on the part of the Los Angeles County child welfare workers that the mind recoils in horror. (In fairness, this is not a foster care case; rather, it is perhaps the most horrific case of child abuse by a biological mother and her boyfriend that I have ever encountered.)

The Associated Press writes:

abee3Graphic grand jury testimony reveals details of the abuse suffered by an 8-year-old Los Angeles County boy allegedly battered to death by his mother and her boyfriend.

Court documents made public Monday show Gabriel Fernandez was doused with pepper spray, forced to eat his own vomit and locked in a cabinet with a sock stuffed in his mouth to muffle his screams, the Los Angeles Times reported ( http://lat.ms/1o9x6pK ).

The Palmdale boy died in May 2013, days after he was hospitalized with injuries including a cracked skull, broken ribs and burns.

abee6The victim’s mother is Pearl Fernandez and her boyfriend is Isauro Aguirre. They are in jail awaiting trial after pleading not guilty to murder charges with special allegations of torture.

As part of their investigation of this case, the LA Times reviewed more than 800 pages of testimony. In a Times article, Soumya Karlamangla, Abby Sewell, and Laura J. Nelson describe the many ways in which the agencies who are supposed to protect our children allegedly dropped the ball:

abee9Several agencies investigated allegations of abuse before Gabriel’s death without removing the boy from the home. On multiple occasions, deputies went to the family’s apartment or to Gabriel’s school to investigate reports of abuse and of the boy being suicidal. Each time, they concluded there was no evidence of abuse and did not write a detailed report.

Timothy O’Quinn, a sheriff’s homicide detective, told grand jurors that there was no indication that deputies had removed any of Gabriel’s clothing to check for signs of abuse.

Investigators searching the family’s apartment after Gabriel’s death found bloodstains, BB gun holes and a wooden club covered in his blood, according to testimony.

abee8In short, Gabriel remained with his mother and her boyfriend despite several investigations by social workers. As a result of this incident, there have been calls for sweeping reforms to the Los Angeles County foster-care system because child welfare workers failed to remove the boy from this “house of horrors”. Two supervisors and two social workers were reportedly fired while others involved in the case received letters of warning or were reprimanded.

The beginning of the end came for poor Gabriel on May 22, 2013, when Pearl Fernandez phoned 9-1-1 to report that her son was not breathing. According to testimony, when sheriff’s deputies arrived at the apartment, she told them her son had fallen and hit his head on a dresser. The paramedics found Gabriel naked in a bedroom. He was not breathing and BB pellets were embedded in his lung and groin. He died two days after the 9-1-1- call.

“It was just like every inch of this child had been abused,” testified James Cermak, a Los Angeles County Fire Department paramedic.

abee10Because of several delays in setting a preliminary hearing, frustrated prosecutors convened a grand jury which returned an indictment on July 28th.

During his testimony before the grand jury, Deputy District Attorney Jonathan Hatami told the jurors that Fernandez and Aguirre deliberately tortured the boy to death. They did their best to conceal their atrocities with forged doctor’s notes and lies to the authorities.

“For eight straight months, he was abused, beaten and tortured more severely than many prisoners of war,” Hatami said.

Two of Gabriel’s siblings, both of whom are minors, testified that the abuse worsened as Gabriel’s death approached. He was forced to eat cat feces, rotten spinach as well as his own vomit.

* * * * *

Gabriel was born in 2005. Shortly thereafter, he was sent to live but relatives and ended up with Fernandez’ parents for an undisclosed period of time. Unfortunately, Fernandez reclaimed Gabriel and two of his older siblings in 2012.

abee5A mere two weeks after Gabriel moved in with his mother, his first-grade teacher called social workers and reported that the boy’s mother had hit him with a belt buckle hard enough to make him bleed. Not unexpectedly, drugs appear to have been involved, and Gabriel apparently demonstrated to the teacher that he knew how to snort cocaine despite his tender age.

Gabriel’s teacher, Jennifer Garcia, testified that she called county services several more times after the child came to school with various injuries included an injured lip which a social worker shrugged off as a “blister”.

At one point, Gabriel wrote a suicide note that was discovered by a counselor at a children’s center. She informed the authorities who once again shrugged it off because Gabriel did not describe the specifics of how he intended to kill himself.

abee12One of the deceased victim’s siblings testified that their mother had told them to lie to social workers whenever they came to check up. He stated that he did lie “because I thought she was going to do the same things to me.”

abee2Gabriel’s school remained vigilant and school officials asked a deputy to investigate his many absences because they suspected child abuse. The deputy claimed that he was initially given the wrong address but that when he eventually reached Gabriel’s mother by phone, she told him Gabriel had moved back to Texas and was living with his grandmother.

* * * * *

abee4It sounds like Gabriel’s school did their level best to rescue the boy but that no one else cared enough to expend enough effort to get at the truth. Drugs were obviously involved, a fact that deputies could hardly have been unaware of. Furthermore, when reports of suggested child abuse with the same victim and the same parents surface over and over again, it seems pretty obvious that “where there’s smoke there’s fire”.

With respect to the abuse itself, I suspect that inflicting pain on the helpless quickly becomes addictive, and thus like any other form of addictive behavior, the addict must inflict more and more pain to gain the satisfaction he or she craves.

Many people who hear about this case will respond by saying that if convicted of first degree murder, Fernandez and her despicable boyfriend Aguirre should receive the death penalty, and I would not be that surprised if they do due to the torture allegations. However, since there is apparently a moratorium on actual executions in California, they may wile away their existences of Death Row for quite some time.


Top Pittsburgh Neuroscientist Robert Ferrante Charged with Poisoning Young Wife with Cyanide (Updated)

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compiled by Patrick H. Moore

An eminent University of Pittsburgh neuroscientist, Robert Ferrante, has allegedly done a very foolish thing. According to a criminal complaint filed in July of 2013, Ferrante poisoned his wife, Autumn Klein, with cyanide. The professor, who is the head of women’s neurology at the university’s medical school, is accused of insisting that Autumn, 41, drink a creatine supplement reportedly laced with the poison that he claimed would help her conceive a second child.

Matt Kantor of Newser reported online:

autMs. Klein died three days after drinking the supplement. A bag of creatine was found next to her body on April 17. At the autopsy, the medical examiners found a lethal amount of cyanide in her body. According to a witness, when Ferrante, 64, saw her body being examined, his response “seemed fake and like ‘bad acting’.”

The police reported that when Ferrante “learned” about his wife’s death from cyanide poisoning, he asked:

“Why would she do that to herself?” and then, “Who would do this to her?”

Ferrante is a top researcher of amyotrophic lateral sclerosis, Lou Gehrig’s disease. He was arrested in West Virginia; his lawyer, however, said he was on his way to Pittsburgh to turn himself in to police. As expected, the University of Pittsburgh has placed him on indefinite leave.

Ferrante’s apparent motivation, according to a source, was the fact that Klein — who was 23 years younger than the alleged murderer — was planning on leaving him, at least in part due to his controlling nature. The source also added that Ferrante believed she was having an affair. ABC News reports that Ferrante has been charged with one count of criminal homicide.

The couple have a 6-year-old daughter.

*     *     *     *     *

bobNaturally, one’s first response to this bizarre story is “what the hell was he thinking” and “how in the world did he think he was going to get away it?” But then upon further reflection, I am struck by the uncanny realization that intelligence, worldly achievements, and the respect of one’s peers don’t seem to count for much in an emotionally unstable individual, which appears to possibly be the case with Ferrante.

From a legal standpoint, the fact that Ferrante poisoned his wife — in the event he is convicted — will almost certainly be viewed as an “aggravating factor.” This means that should he be found guilty as charged, Ferrante will face either the death penalty or life in prison without the possibility of parole.

Update:

bob3Paula Reed Ward of the Pittsburgh Post-Gazette reported in July of this year that Ferrante’s defense attorneys are trying to suppress evidence seized against Robert Ferrante from his offices and computers based on the argument that search warrants obtained by the prosecution in the case were too broad to be legitimate.

The District Attorney’s office countered by telling the judge that Ferrante’s lawyers can’t even raise that argument because their client had no expectation of privacy in his University of Pittsburgh research lab to protect, because the computers were designed to be used to facilitate his research, and were not meant for extracurricular activities, which by implication would include research on poisons.

bob4The University policy appears to clearly state that university computers and networks are to be used for “university-related activities. … The university, as owner of such property, has the right to access information on the system stored, sent, created or received by employees, including electronic mail, as it deems necessary and appropriate. As such, employees should not expect individual privacy in the system.”

After this exchange, Common Pleas Judge Jeffrey A. Manning inquired:

“Does the expectation of privacy mean that simply because Pitt can look at it, law enforcement can look at it?”

bob5The prosecution answered that the policy means precisely that, an opinion Ferrante’s defense teams no doubt disputes. It is not yet clear when the Court will rule on the Motion to Suppress.

  • It is also noted that the prosecution has stated that it will not be seeking the death penalty when Ferrante’s case ultimately comes to trial.
  • Furthermore, although Dr. Ferrante will be tried in the Allegheny County Courthouse, the jury will come from a different county based on a request by his defense team due to the concern that a disproportionate percentage of local jurors would have their minds minds up prior to hearing the evidence based on the incendiary (and somewhat lurid) nature of the case.

Carlos Castaneda’s Sex-and-Suicide Cult, and the Witches Who Disappeared

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by BJW Nashe

Carlos Castaneda’s journey from anthropology student to famous author to New Age cult leader makes for a strange tale that is far more disturbing than anything found in his bestselling books.

At the peak of his career, Castaneda crossed over an invisible line. He turned his back on the clear light of humane, rational thought, and stepped into a shadowy realm of manipulation, secrecy, and lies. It’s tempting to compare this to the metaphorical leap into the abyss that figures so heavily in his writings. Yet Castaneda’s real-life leap had consequences that were quite different from the magical escapades depicted in his writing. Once he became rich and famous and began facing scrutiny, Castaneda shunned the limelight and spent the next two-and-a-half decades pursuing a bizarre alternative lifestyle largely hidden from the public. He proclaimed himself a shaman and a sorcerer and assumed the role of a mysterious guru surrounded by a group of close followers.

Carlos4When Castaneda passed away in 1998, several of his disciples simply disappeared. To this day, no one knows what happened to them. Since then, others from Castaneda’s inner circle have spoken out about their experiences with “the Nagual.” A highly complex, sinister, and sleazy portrait of the man has now emerged. The most detailed source of information is a memoir published by Amy Wallace (daughter of novelist Irving Wallace) in 2003 called Sorcerer’s Apprentice: My Life with Carlos CastanedaRobert Marshall’s discussion of Castaneda’s dark legacy in a 2007 article for Salon.com is also very informative, drawing on both Wallace’s book and interviews with other insiders who knew Castaneda well. We are ultimately left with a lasting image of Castaneda as a creepy cult leader who manipulated and controlled his closest female followers — known as “the witches” — to such an extent that they may have been led to end their own lives.

 

Stopping the World

What we know of Carlos Castaneda’s life prior to his meteoric rise to fame is fairly unremarkable. He was born on December 25, 1925 in Cajamarca, Peru. He immigrated to the United States in the early 1950s and became a naturalized citizen in 1957. In January 1960, he married Margaret Runyan. On August 12, 1961, Margaret gave birth to a son named Carlton Jeremy (“C.J.”) Castaneda. Carlos supposedly divorced Margaret in 1973, although records indicate they remained legally married throughout Castaneda’s life.

Carlos2As a young man, Castaneda enrolled in UCLA to study ethnography. He may have dropped out for a while — there are conflicting reports on his education — but records show that he graduated with a B.A. in anthropology in 1962. He went on to pursue a doctorate degree at UCLA, continuing his anthropology studies. Post-graduate education in California in the 1960s could be pretty free-wheeling. Castaneda was able to take advantage of this by reading widely in various esoteric disciplines and making frequent trips to the desert to conduct research. It was during his grad student years that Castaneda decided to start writing about his “apprenticeship” with a Yaqui Indian sorcerer named Don Juan Matus, whom he claimed to have met while immersing himself in the rich lore surrounding psychoactive plants in the Sonora Desert. Castaneda aspired to be a “psychedelic scholar” loosely modeled after Aldous Huxley, whose book The Doors of Perception was very influential at the time.

Castaneda’s first book, The Teachings of Don Juan: A Yaqui Way of Knowledge, was published  in 1968 by the UC Press, which led to a book deal with Simon and Schuster. Castaneda followed his debut with two further texts, A Separate Reality (1971) and Journey to Ixtlan (1973). All three books were recognized as anthropological field studies, and marketed as popular non-fiction. Journey to Ixtlan was submitted as a doctoral thesis, for which Castaneda received a Ph.D. in 1973. The UCLA faculty were not the only ones impressed with Carlos’s writing. The books found a large audience with counter-culture types — which was a thriving market back in the early 1970s. Scores of long-haired college students, hippie travelers, metaphysical seekers, and dabblers in the occult found Castaneda’s books to be irresistible — a kind of intellectual catnip. These books seemed to be tailor-made to fit their various preoccupations.

The TeachingsThe popularity of Castaneda’s early work is not difficult to understand. A talented storyteller blessed with natural wit and charisma, Carlos also had just enough erudition to be dangerous. His first-person accounts of traveling to the Sonora to become initiated into the magical world of Don Juan and his fellow sorcerers make for compelling reading. The desert setting is rendered in vivid detail, the prose is crisp and clear, and the characters are alternately fascinating, eccentric, and menacing. Most important, the subject matter is mind-blowing — a philosophical walk on the wild side, in which the narrator is taught to “stop the world” by breaking free from his habitual ways of thinking and perceiving. Stopping the world allows him to enter another dimension of reality — the “nagual” — that is filled with supernatural intensity. Becoming a “warrior” in this psychic zone involves various outlandish activities such as ingesting powerful hallucinogens, learning to control dreams,  talking to luminous coyotes and dogs, and turning into a crow and flying through the desert sky.

The star of the show is Don Juan Matus, who comes across as a psychedelic Native American zen master with a sharp occult edge. The world of sorcery is fraught with peril, often a life-and-death struggle against powerful dark forces. Yet Don Juan’s teachings contain a strong current of anarchic humor. The second book (A Separate Reality) opens with the narrator “Carlos” paying a visit to Don Juan in order to present him with a copy of the first book, which he is immensely proud to have authored. Don Juan declines the gift, suggesting that it be used as toilet paper instead. Then a new cycle of grueling apprenticeship begins, even more intense than the last time. Once again, Carlos’s mind must be blown to smithereens in order to obtain true visionary power.

 

Becoming Inaccessible 

Castaneda’s books would go on to sell more than ten million copies during his lifetime (and they are still selling today). He received glowing reviews from the literary establishment. Notable anthropologists from the nation’s top universities praised his work. With fame and success came heightened scrutiny, however. In 1973, Time Magazine ran an article by Sandra Burton that raised serious questions about the details of Castaneda’s biography and the credibility of his apprenticeship with Don Juan Matus. Richard De Mille (son of film director Cecil B. De Mille)thoroughly investigated Castaneda and published a book called Castaneda’s Journey: The Power and the Allegory  that declared the Don Juan books to be fraudulent — little more than a clever hoax. De Mille reviewed library records at UCLA to demonstrate that Castaneda imported the content of Don Juan’s teachings from a slew of historical and metaphysical texts. Castaneda’s true adventure, claimed De Mille, occurred not in the Sonora desert, but among the stacks of the university library. De Mille also argued that Castaneda’s details regarding the Yaqui Indians of Northern Mexico were insufficient or inaccurate. Most damaging, in the eyes of many, is De Mille’s assertion that Yaqui Indians do not use peyote in magical rituals as depicted by Castaneda.

HuxleyIn hindsight, it is hard to believe that anyone — including the faculty at UCLA — considered Castaneda’s writing to be literally true. The books might be based in part on field research and interviews with Native Americans. They may contain a certain level of poetic or spiritual “truth.” So does Paradise Lost, yet few of us today would claim that Milton’s masterpiece is a “true story.” These days, hardly anyone considers Castaneda’s stories about Don Juan Matus to be pure non-fiction — no matter where they are shelved in bookstores. Yet Castaneda’s books remain popular works of metaphysical literature that sit comfortably alongside Gurdjieff, Crowley, Huxley, and Ouspensky.

As criticism of his work intensified, Castaneda stopped talking to the press. He did not retreat from public life altogether; there were still parties to go to, and people to meet. After the Time article in 1973, however, Carlos gave no more interviews, refused to be photographed or filmed, and would not allow his voice to be recorded. He also forbade those close to him from speaking to the press or discussing him in any way without his approval. In a telling move, Castaneda also severed all ties with his estranged wife Margaret Runyan and their son C.J.

Castaneda had no interest in defending his writing as literature. He has been described as a trickster who pulled off the perfect hoax, because he never admitted to any fault whatsoever. In fact, he remained committed to the illusion of truth perpetuated by the hoax. He wanted people to think he had been initiated into a world of secret knowledge. He wanted to be recognized as an actual sorcerer. And he craved followers who believed in his magic. Since he was a famous figure, there were plenty of fans willing to sit at the feet of the master. Castaneda began referring to himself as “the Nagual” — as if he were a supernatural being with all-knowing powers. He was such a compelling fabulist that he apparently brainwashed himself into believing his own BS.

 

Erasing Personal History 

TensegrityCastaneda continued publishing books throughout the 1970s and 80s. He also began organizing his followers and channeling their activities in certain strategic directions. Along with the philosophy presented in his writings, he also began promoting a spiritual practice called “Tensegrity,” which is best described as a movement technique somewhat similar to Tai chi. Carlos claimed the technique had been passed down through 25 generations of Toltec shamans. Castaneda established a Los Angeles-based corporation called Cleargreen, which promoted Tensegrity through workshops, seminars, and instructional videos. People paid up to $1200 to attend sessions where Castaneda and his disciples would speak and answer questions, while  Tensegrity demonstrations were performed by black-clad acolytes called “chacmools.” Books and videos were on sale, along with T-shirts emblazoned with the slogan, “Self Importance Kills — Do Tensegrity.”  The workshops were quite successful, often selling out. Castaneda was a marketable brand. (It should be noted that Cleargreen’s outreach continues to this day, with locations in Southern California, Europe, and Latin America.)

Behind the scenes, life at Castaneda’s compound on Pandora Avenue in Westwood was growing increasingly strange. At the core of the Nagual’s inner circle — which numbered up to two dozen people at any given time — was a group of intensely devoted young women who were all at one time or another romantically linked to Castaneda. They were referred to as “the witches.” Once they were lured into Castaneda’s orbit, he instructed them to change their names and cease all contact with their former friends and families. Then they were subjected to various methods of control: hypnosis, verbal and emotional abuse, mind games, bizarre rituals, dubious teachings, and sexual domineering. The women were forbidden from exhibiting any signs of illness, should they ever become sick. They began dressing in a similar style of black clothes and sporting the same short, dyed blonde haircuts. They each claimed to have been instructed by Don Juan Matus in the desert. Two of them were directed by Carlos to write their own books about these “apprenticeships.” The primary task of the witches, however, was recruiting new female members for the Nagual to share his unique magic with.

The WitchesWithin the group, three women were particularly close to Castaneda: Taisha Abelar, Florinda Donner-Grau, and Carol Tiggs. Tiggs at one point defected from the cult, but was eventually lured back by Carlos. Amalia Marquez, who served as president of Cleargreen Corporation, and Kylie Lundahl, a Tensegrity instructor, were also key figures in the Nagual’s inner circle. The individual with the strangest role of all in Castaneda’s inner circle was Patricia Partin, also known as “the Blue Scout.”

Patricia Partin grew up in LaVerne, California. After dropping out of Bonita High School during her junior year, she worked as a waitress for a while, and then at 19 got married to an aspiring filmmaker named Mark Silliphant. At some point during their courtship, Silliphant introduced Partin to Castaneda in 1977. Just 19 days into their marriage, Partin left her new husband and went to live with Carlos. She paid one last visit to her mother, during which she refused to pose for a family photograph. She never spoke to her mother again.

Blue ScoutCastaneda renamed her Partin Nury Alexander. He also referred to her as “Claude,” or the Blue Scout. Young and attractive, she soon enjoyed a privileged status as one of his favorite disciples. Carlos claimed she possessed a rare energy that was “barely human.” In an exceedingly odd move, Castaneda officially adopted her in 1995, then explained to the other witches that he had “conceived her with Carol Tiggs in the nagual.” Carlos evidently enjoyed the conceptual incest involved in the adoption arrangement. Within the group, Partin was frequently infantilized. New cult members would be assigned the task of playing dolls with her. Castaneda at times deferred to her judgment regarding serious spiritual matters. He told the group that the Blue Scout had convinced him to start Cleargreen. He liked to use her special status as leverage in the mind games he played with the others.

 

 

The Sorcerer’s Apprentice

Amy Wallace, who was closely associated with the group during the early 1990s, has provided us with the clearest picture of what life was like in Castaneda’s cult, with his harem of witches and his adopted daughter, the Blue Scout.

Castaneda first met Amy through her father, novelist Irving Wallace, who was friendly with the younger author. Carlos would often stop by the Wallace home in Los Angeles. Shortly after Irving’s death in 1990, Amy — who was then living in Berkeley — received a phone call from Castaneda in which he said that her father had visited him in a dream, saying that he was trapped inside the Wallace’s house, and needed Amy and Carlos to free him. (This pickup line probably only works if you are a famous New Age author.) Amy agreed to meet up with Castaneda in LA, and the seduction was underway. He told her he hadn’t had sex in the last 20 years (!), and soon persuaded her to join him in bed for a mystical experience. When she worried about possible pregnancy (the Nagual did not use birth control), Castaneda exclaimed, “Me make you pregnant? Impossible! The Nagual’s sperm isn’t human … Don’t let any of the Nagual’s sperm out, nena. It will burn away your humanness.” The vasectomy he’d undergone years earlier was never mentioned.

Amy WallaceThe courtship with Amy lasted for several weeks, and led directly into mind games and manipulation. At one point, Castaneda told her they were “energetically married.” However, when he noticed her checking the street signs around the compound — as if trying to get her bearings — he flew into a rage and banished her back to Berkeley. When she called on the phone, Carlos refused to speak to her. The witches instructed her to “let go of her attachments.” So she got rid of her pet cats. Then Carlos told her she was “an egotistical, spoiled Jew” who should “go get a job at McDonald’s.” After six months of this treatment, she was finally allowed to return.

Such expulsions were common within the cult, and could occur arbitrarily, without rhyme or reason. If the Blue Scout didn’t like you, obviously you were toast. As in most cult situations, random exercises of power were used to keep the Nagual’s followers fearful and subservient. The obvious question is, why would anyone, including Amy Wallace, ever want to return? Why would anyone stick around in the first place?

We can answer this question in four ways — personal, social, philosophical, and psychological. First, Castaneda could be a charming and charismatic leader, when it suited his purposes. His personal magnetism was augmented by an aura of genius and fame. Certain people were easily seduced by him. Second, group members enjoyed a sense of close family connection that may have been absent from their lives before. Being part of a group — even a dysfunctional, abusive group — is sometimes viewed as preferable to alienation. Third, for people who are seeking something deeper and more meaningful than a normal nine-to-five existence in the business world, the Nagual’s spiritual philosophy and sexual games provided a clear alternative. Fourth, people who join cults often experience — at least temporarily — a sense of joy in being liberated from the responsibilities of decision-making. Freedom can be a burden. When someone else — a charismatic leader — is calling all the shots, one can be carefree in one’s subservience.

So there were certain “benefits” gained from living in Castaneda’s cult. As far as cults go, the benefits of Cleargreen were notable. Still, most of us would soon find these benefits seriously overshadowed by the horrors involved. In a 2012 interview with the Examiner, Amy Wallace explained that her passionate love affair with Carlos was initially intoxicating, yet soon devolved into abuse and humiliation. He berated her in front of the others for being “fat,” even though she was a petite woman who wore a size zero. He blamed her for “killing” him. He flipped out when he discovered that she was taking Prozac. “He believed he was cursed forever because his penis had entered a Prozac-contaminated body.” She witnessed him expel members from the group for drinking, smoking pot, and for getting sick or injured. Meanwhile, Carlos was always on the prowl for nubile young women, sometimes engaging in activities that bordered on kidnapping. In hindsight, it’s surprising that criminal charges were never brought against him. In writing her memoir, Wallace recalled that at one point she felt so tormented that she considered suicide. “Just remembering how close I came still terrifies me. It was horrific to write about.”

Amy Wallace has published several other books on various topics, yet she received her highest praise from readers and reviewers alike for telling her story about life with Carlos Castaneda. She insightfully describes both the seductive qualities that lead people to follow cult leaders, and the nightmare that awaits them once they get caught up in the lifestyle. “My book is very much a warning,” she says.

 

A Leap into the Void 

In 1997, Castaneda was diagnosed with liver cancer. The diagnosis was kept secret from everyone except the core group of witches, because illness was not supposed to be part of the sorcerer’s playbook. The seminars and workshops continued on as if nothing was wrong. Meanwhile the witches privately supervised traditional and alternative treatments for the Nagual.

Separate RealityWith his health declining, Castaneda rarely left the compound. Many of the witches purchased guns, according to Carol Tiggs. This is not a good sign for any cult, since it could lead to random violence or a Branch Davidian-style Waco conflagration. Another bad sign is when the cult leader is bedridden with a morphine drip, gazing at the flickering images of war videos on the TV/VCR, while his closest followers are busy burning his papers. Taisha Abelar was drinking heavily, yet she told Amy Wallace it didn’t matter anymore. “I’m not in any danger of becoming an alcoholic now,” she said, “because I’m leaving. So, it’s too late.” Wallace figures that this was Abelar’s way of indicating that her own death was near.

An end-of-the-world vibe permeated the group. Wallace had another revealing conversation during this tense time period. Tensegrity instructor Kylie Lundahl told her, “If I don’t go with him, I’ll do what I have to do… It’s too late for you and me to remain in the world — I think you know exactly what I mean.”

SkeletonIn April 1998, the witches and other members of the inner circle were packing up the Castaneda compound. A week later, the Nagual died at age 72. He was cremated at the Culver City mortuary. No one knows where his ashes ended up. Within a few days, Florinda Donner-Grau, Taisha Abelar, Patricia Partin, Kylie Lundahl, and Amalia Marquez had their phones disconnected. Then they all vanished, leaving no word with anyone as to their whereabouts (at least, not that we know of). A few weeks later, Partin’s red Ford Escort was found abandoned in Death Valley. Her sun-bleached skeleton would be discovered five years later in the desert.

Within the greater community of Cleargreen associates and followers, few knew that Castaneda was dead. Yet rumors quickly spread, leading to a sense of growing despair. Still, the workshops continued. Carol Tiggs assumed a leadership role within the corporation. She told one member of the inner circle that she was supposed to have“gone with them,” but “a non-decision decision” had kept her here to run the show. Tiggs banned all grieving and mourning within Cleargreen. Many reportedly took to drowning their sorrows in alcohol and drugs. Some contemplated suicide in order to “get close to Carlos.”

When news of Castaneda’s death was finally made public two months after the fact, Cleargreen members stopped answering their phones. A brief statement was soon posted on the web site claiming that “… Carlos Castaneda left the world the same way that his teacher, don Juan Matus did: with full awareness.”

TimeNobody knows for sure what happened to Partin, the Blue Scout, in Death Valley. Nobody knows the fate of other three women closest to Castaneda who disappeared shortly after his passing. Some Cleargreen people think they are still alive, and have started over in a new setting, with new identities. Most people familiar with the story think they committed suicide. Without the Nagual, they saw no point in going on. Perhaps they had formed a suicide pact. Maybe the Nagual knew all about it. Followers had frequently heard Castaneda and the witches talking about suicide — about “making the leap” together. The path of the Warrior included choosing one’s own death. Carlos reportedly once sent the Blue Scout out to the desert to locate possible suicide locations.

There is no record with the LAPD or FBI of any investigation into at least three of the disappearances — Donner-Grau, Abelar, and Lundahl. No one reported them missing, since they had been estranged from their families for years.

There is an open investigation into the Amalia Marquez case, due to the efforts of her brother Luis. He claims the LAPD ignored his requests for assistance until the skeletal remains of the fifth missing cult member — Patricia Partin — were discovered in Death Valley in 2003 and positively identified in 2006 using DNA testing. Still, Luis Marquez claims the LAPD has been reluctant to visit Cleargreen or question anyone there about possible foul play. When Luis contacts Cleargreen headquarters himself, he is told that the missing women are “traveling.”

In a related incident in 2002, a woman named Janice Emery from Taos, New Mexico, who was a Cleargreen follower and workshop attendee, jumped to her death in the Rio Grande gorge. According to the Santa Fe New Mexican, Emery was suffering from cancer. One of her friends told the newspaper that she ended her life because she “wanted to be with Castaneda’s people.” Another friend said: “I think she was really thinking she could fly off.”

 

A Different Sort of Leap

Carlos3An astonishing fact to ponder: so many organizations devoted to spiritual well-being — from mega churches to fringe cults — seem to share a very disturbing characteristic: domination, control, and abuse of women. We see this feature in certain fundamentalist denominations of Christianity and Islam. We see it in the Church of Scientology. We know it was all-too apparent in the Manson Family, the People’s Temple at Jonestown, and the Branch Davidian compound at Waco. I’m sure there are other examples. In this sense, Castaneda’s cult is not exceptional or unique. It fits into a general pattern of misogyny and sexual subjugation seen in many other faith-based institutions and groups.

The domination and control of women is so prevalent in these organizations that one wonders whether it is more than just an ugly tendency or side-effect. Is it too much of a leap to argue that the domination of women just might be the primary goal or mission of the leaders of these groups? Are all of the mystical teachings and metaphysical doctrines just a smokescreen for the true objective? Is religion sometimes just a convenient way for men to control other people — in particular, women? It certainly starts to look that way, when we consider the case of Carlos Castaneda, AKA the Nagual.

Oregon Woman Lights Weed-Killer Husband on Fire to Get His Attention

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commentary by Patrick H. Moore

I’ve noticed that one of the trickiest parts of being married is when my wife comes up and interrupts whatever I’m doing because she needs to discuss something “important”. In order to keep the peace, I yank myself out of my reverie and try to look attentive. I say “try to look attentive” because the appalling truth is, I generally don’t want to be bothered.

My wife, however, very much wants me to be bothered; whatever is on her mind is of paramount importance to her and I better damned well pay attention.

eek9Right about now, 43-year-old Timothy Bork of Mount Angel, Oregon is probably wishing he’d paid attention last Friday when his wife, 45-year-old Toddi Bork, who was brave on beer at the time after downing at least a six-pack, got totally pissed off and doused him with gasoline and lit him on fire because she reportedly couldn’t get his attention.

Now when Toddi decided she was damned well going to get Timothy’s attention OR ELSE, she really had a pretty solid reason. You see, Toddi, like all wise and humane people, loves her dogs. (If a person does not love dogs, said individual should possibly be kept at arm’s length, though there may be valid exceptions to this rule.)

eedUnfortunately, last Friday, Toddi’s love of dogs was at cross-purposes with poor Timothy’s very valid concern for the condition of their lawn. As Rick Stack pointed out to me when he sent me a link to this story (and told me to “post it” OR ELSE he would have me arrested for tax evasion), one look at their lawn will tell you why Timothy was concerned. It’s yellow and ragged and looks terrible, a veritable eyesore. If our lawn on our suburban SoCal hillside looked like the Bork’s lawn, there just might be a neighborhood committee pounding on our door telling us to turn on our blankety blank sprinklers. I have a sneaking suspicion, however, that the Borks may not have a working sprinkler system, for if they did, their lawn would probably look quite a bit better than it does.

eek8Anyway, it was just Timothy’s bad luck that day to have decided to spray their backyard with weed killer, perhaps as the first step in a lawn reclamation project. Toddi objected to this because she was afraid the DDT or whatever Timothy was spraying would cause one or more of her 4 chocolate brown Labradors to get sick. So, while intoxicated, she tried to get Timothy’s to listen to her concerns.

Because Timothy refused to pay attention, she doused him with gasoline and ignited it. According to at least one report, Mount Angel police engaged in a routine neighborhood patrol just happened to be driving by and saw poor Timothy on fire there in front of the house.

eek5The Paramedics were called and Timothy was rushed to Legacy Emanuel Medical Center in Portland with burns on his chest and face reportedly covering 15 per cent of his body. It is unknown how serious the burns are but I suspect they’re plenty bad.

The Mount Angel police report that when they arrived, they initially thought there had been an accident with a barbecue. Toddi, however, was forthright in admitting her wrongdoing; she bravely marched up to the police with her hands behind her back (as if she were already cuffed), said she had drunk six or seven beers, and admitted she had set her husband on fire to get his attention, but that she hadn’t intended to kill him. She also told the police to arrest her which they did.

eek4She is now in jail and has been charged with attempted murder. Her next court appearance is scheduled for August 27th.

Although Timothy is certainly expected to survive, I imagine he will be seriously scarred for life and will probably need skin grafts on his face.

So let this be a lesson to all you valiant husbands out there; when your spouse wants (needs) you to listen to her concerns, be a good sport and pay attention. Whether or not you want to admit it, her concerns are just as valid as yours, maybe more so. Besides, you really don’t want to end up like Timothy, and you probably don’t want your wife to end up in custody facing murder charges.

eek10Kurt Vonnegut has a line which perfectly captures the pathos of this Mount Angel tragedy:

“That is my principal objection to life, I think: It’s too easy, when alive, to make perfectly horrible mistakes.”

Vonnegut’s narrator delivers this line at the end of the first chapter of his book Deadeye Dick. He’s alluding both to his father’s befriending of Adolf Hitler and the fact that he accidentally murdered his neighbor, but like so many of Vonnegut’s memorable quotes, it resonates well beyond its immediate context.

At the risk of stating the obvious, Toddi Bork appears to have made her “horrible mistake” with the greatest of ease, and, sadly, she is likely to pay for this particular mistake for a very long time.

 

Top Five Most Corrupt U. S. Police Officers of All Time

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Police corruption has long been a major problem in the United States. Some police officers, of course, turn bad to line their own pockets through ripping off drug dealers and, sometimes, even dealing the stolen drugs themselves. Others try to cover up their own acts of brutality, murder and even torture. And then, there is the third and no doubt largest category, officers who knowingly arrest the wrong man (or woman) for offenses, write them up, and never blink an eye when the prosecutors bring a case against them. In fact, sometimes these corrupt officers will even offer false testimony against the innocent parties in a court of law.

No one group has a monopoly on police corruption. It happens in New York, Chicago, Los Angeles, New Orleans and every major U.S. city and is conducted by officers of all races, creeds and colors.

Casey Gane-McCalla of NewsOne Original brings us the following list of the top 5 most corrupt U.S. police officers of all-time:

 

5. Louis Eppolito and Stephen Caracappa:

NYPDLouis Eppolito and Stephen Caracappa worked for the NYPD, at least they punched a NYPD time clock,  but in reality, they worked for the mafia. Caracappa was a member of the Organized Crime Homicide Unit which meant he investigated the very people he was working for.

In reality, Eppolito and Caracappa took their orders from the Lucchese crime family for whom they served as hitmen as well as moles in the NYPD. In 2006, the two former partners were convicted of racketeering, obstruction of justice, extortion and eight counts of murder and conspiracy. They were sentenced to life in prison. On appeal, they convictions were upheld.

 

4. Joseph Miedzianowski:

midJoseph Miedzianowski was a Chicago police officer who is sometimes considered to be the most corrupt cop of all time. Miedzianowski served as both police officer and drug kingpin and used his knowledge of the streets and gangs to shake down drug dealers.

For most of his 22-year career, Miedzianowski ran the Chicago Gangs Unit, simultaneously running his own drug gang. His corrupt run came to an end in 2001 when he was convicted of 10 counts including drug conspiracy and racketeering .

 

 

3. David Mack And Rafael Perez:

sugeDavid Mack and Rafael Perez worked together for the infamous LAPD Ramparts division. Oddly enough, they also worked for Suge Knight at Death Row Records and were members of the feared Bloods street gang.

Mack had the audacity to receive the LAPD Medal Of Honor for killing a drug dealer who allegedly pulled a gun on him. But he would also later be convicted of robbing a bank and be implicated in the murder of the rapper, Notorious BIG.

Perez shot and framed an unarmed gang member during his tenure. He also stole eight pounds of cocaine from an LAPD evidence locker. This is not what they teach you at the Police Academy.

 

 

Chicago2. Jon Burge:

Jon Burge is in a class of his own. He was a former Chicago Police Department detective who oversaw the torture of hundreds of Black men resulting in false confessions between 1972 and 1991.

Burge would burn suspects with radiators and cigarettes, and “put the juice” to their testicles.

Ironically, Burge was protected by the statute of limitations for his crimes, but was convicted for lying about the torture in January of 2011.

 

1. Robert Gisevius, Kenneth Bowen, and Anthony Villavaso:

orleansAt the top of our list stand Robert Gisevius, Kenneth Bowen, and Anthony Villavaso. They were members of the New Orleans police department during Hurricane Katrina. The three men were charged with first degree murder for killing 17-year-old James Brissette who was unarmed and innocent when they came across him on the Danzinger bridge while the waters were cresting. Brisette was simply looking for shelter when the cops pounced on him and  – for all intents and purposes — executed him.

Bowen, Gisevius and Villavaso were found guilty of falsifying reports and bringing false prosecution in their conspiracy to cover-up the shooting. They received sentences of 6 to 65 years.

Chapman, Hinckley, Bardo, and the Murderer’s Handbook — The Catcher in the Rye

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by BJW Nashe

A Comeback. J.D. Salinger, who died in January of 2010, is now poised to make a posthumous literary comeback. A probing biography released earlier this year sheds new light on the enigmatic author, whose life has been largely shrouded in mystery. After catapulting to fame in the 1950s, Salinger famously decided to retreat from public life. For nearly five decades, he lived as a New England recluse, closely guarding his privacy, shunning the spotlight of fame, and publishing no new material after 1965. His fans wondered whether he had given up on writing altogether. Now we know that he never gave up; he was writing new material all the time during his long silence. As many as five new books will be published during the next few years. For personal reasons, Salinger stipulated that none of this work be published until after his death.

A Strange Career. Salinger’s life as a great American writer was eccentric in many ways. By far the strangest aspect of his career is the way in which his most successful work, The Catcher in the Rye (1951), was linked to several notorious crimes in the SDHS_JDSalinger-0021980s: the murder of John Lennon, the attempted assassination of President Reagan, and the slaying of actress Rebecca Schaeffer. In each case, news reports informed us that the perpetrator had been somehow inspired by Salinger’s masterpiece. The crimes were so highly publicized, and Salinger’s link to them was so widely reported, that his classic novel became tainted by psychosis and murder. Caught up in a desperate whirl of mass media frenzy, The Catcher in the Rye — a book which is wholly unconcerned with criminal activity — came to be seen as a dangerous, malevolent work. It was even described as an “assassination manual” or “murderer’s handbook.” Salinger had not written a crime story, per se. Rather, he had written a book which inspired people to commit crimes. As ridiculous as this seems, the insinuation has stuck. Google the book now, and the murders inevitably pop up along with all the thousands of hits, tagging along like a cluster of nasty footnotes that won’t go away. In the new biography, an entire chapter — called “Assassins” — is devoted to the murder connection. This is now simply part of the Salinger mystique, stubbornly attached to the legacy of his best novel.

Biography. The reality and the mystique are both explored in the biography Salinger, compiled by David Shields and Shane Salerno. A fascinating read, this volume should keep fans and critics and armchair psychologists busy for quite some time. As the bio takes us through Salinger’s upbringing in New York City, his prep school education, early adulthood, and subsequent rise to fame, the biography provides us with a number of tantalizing details. We learn, for instance, that Salinger only had one testicle, a “deformity” which caused him considerable embarrassment in his extensive love life. Nevertheless, when Salinger heads off to attend the Valley Forge Military Academy, he is by all accounts a tall, handsome, and charismatic young man, cat5eager to participate in the Glee Club, Aviation Club, French Club, and the Non-Commissioned Officers Club. We learn that his development as a writer was a painstaking process, aided in part by a creative writing class at Columbia, with only gradual acceptance from the editors at The New Yorker. We discover that throughout much of his life he was drawn to the company of younger women, often teenage girls not yet on the cusp of adulthood. He befriended them, mentored them, and even romanced them in his own way. There are no accusations of statutory rape — he apparently waited until the girls were 18 before he seduced any of them — but still the tendency is notable. Most important of all is the extent of Salinger’s gut-wrenching, mind-altering experiences as a soldier in World War Two. We are led to conclude that he most likely suffered from Post-Traumatic Stress Disorder (PTSD) as a result of the war. We understand that one way he coped was to withdraw from public life, taking up the study and practice of Vedanta Buddhism, rather than pursuing further wealth and fame and adulation. We learn that the reason he stopped publishing was to forgo the ego gratification involved.

A Controversial Classic. Well before it became tainted by murder, The Catcher is the Rye was viewed as a controversial classic of post-war American fiction, a quintessential portrait of adolescent angst. Since it was first published in 1951, millions cat3have read it and debated its merits. School boards have tried to ban it. Moral proselytizers have attacked it. In hindsight, one struggles to understand what all the fuss was about. How could this compelling novel, filled with so much emotional insight and self-deprecating humor, ever be considered subversive or dangerous? No one denies it is an edgy work, conveyed in razor-sharp language. Yet compared to other books from roughly the same time period — the fever dreams of William Faulkner, the sociopolitical outrage of Richard Wright, or the ruthless amorality depicted by noir writers such as James M. Cain and David Goodis — Salinger’s tale of an alienated outsider is far from incendiary. No doubt Holden Caulfield is a troubled young man, and Salinger skillfully takes us deep inside Holden’s agitated mind as the story unfolds. But Holden never comes close to killing anybody. He never even harms anyone. We might argue that the novel could use a bit of crime, just to liven up the action. Who knows? Perhaps one of the yet-to-be-published Salinger books will be a sequel, in which Holden returns as a truly dangerous psycho. I seriously doubt it, though.

A Troubled Outsider. The story opens as Holden, a 16 year-old student, has just been expelled from prep school. We accompany him as he dons a red hunting cap and leaves his dorm room to spend a “lost weekend” in New York City. He ducks into bars, dances with girls, checks into a seedy hotel, pays for a prostitute with whom he just wants to talk. He gets very drunk. He visits former teachers and hangs out with his younger sister, Phoebe. Through all of this, he delivers a stunning informal commentary — a profanity-laced monologue that is closer to Lenny Bruce than to Charles Dickens. Holden is preoccupied with his personal problems, his sexual hang-ups, his powerlessness, and his inability to deal with life in the “adult world.” A juvenile existentialist, he broods over the meaninglessness of it all, and bitches about the “phonies” he sees all around him. Holden may be frustrated and angry and sarcastic, and he may be having a nervous breakdown, but he is keenly perceptive and quite cat6compassionate. He wonders where the ducks in Central Park go during the winter. He agonizes over the death of his brother Allie from leukemia. He looks out for 10 year-old Phoebe. He daydreams about becoming a savior figure — a “catcher in the rye” — who will be able to rescue children from harm, protecting their innocence from the danger and corruption of the big bad world. The novel closes on what might be seen as a positive note, all things considered. Comforted by the memory of his sister riding a merry-go-round, Holden tells us he has spent some time in a mental institution, and that he now plans to go back to school, where he hopes things will work out better this time. Who knows how he will end up? His psychological problems, his sexual confusion, and his messianic complex are traits shared by many homicidal maniacs. Yet these traits are also shared by many people who never become violent at all. Holden’s compassion, however, probably sets him apart from most dangerous sociopaths. Plus he has a sense of humor. In any case, The Catcher in Rye is a virtuoso performance that succeeds in establishing a heightened sense of intimacy with readers. We feel like we know Holden Caulfield on a deep personal level.  For this reason, the book has struck a deep chord with millions of fans. A small number of these turned out to be seriously deranged.

“I am Going Nuts.” Mark David Chapman was a tormented young man who grew up in an abusive home, dropped out of high school, became a Jesus-freak, and developed mental problems that resulted in hallucinations and suicide attempts. By the cat7end of the 1970s, as he was nearing the end of his tether, Chapman grew obsessed with two things: reading about Holden Caulfield, a character he strongly identified with, and killing John Lennon, whom he fixated on alternately as a hero and a villain. The crazier Chapman became, the more villainous Lennon seemed to be. Chapman evidently considered Lennon to be a “phony” because he was a millionaire rock star who claimed to be opposed to the evils of crass materialism. He was also dismayed by Lennon’s atheism. As Chapman’s mental state deteriorated, the warning signs were on full display. In a letter sent to a friend three months before his final break with reality, he wrote, “I am going nuts,” then signed the letter, “the Catcher in the cat4Rye.” On the night of December 8, 1980, Chapman waited for Lennon outside of The Dakota apartment building in Manhattan. As the ex-Beatle emerged from a limousine and walked toward the building’s entrance, Chapman dropped into a crouch and fired four shots into Lennon’s back. Chapman remained at the scene of the crime, sitting on the sidewalk reading his dog-eared copy of The Catcher in the Rye. Inside the front cover, he had penned the following inscription: “This is my statement. [signed] Holden Caulfield.” As Lennon was rushed to the hospital, where he would soon be pronounced dead,  Chapman allowed police to arrest him without incident. In the days and weeks to come, he repeatedly told authorities that Salinger’s novel had been his primary inspiration for killing Lennon. He explained that he had been living and breathing inside Holden’s story for years, even re-enacting scenes from the book in his real life. As the whole world mourned the tragic loss of a beloved icon and world class talent, Mark David Chapman elicited nothing but revulsion and horror. During the avalanche of media coverage, Holden Caulfield, and his creator J.D. Salinger, were caught up in the undertow of suspicion and confusion.

I Did it for Jodie.” John Hinckley grew up in the Dallas, Texas area. The son of a successful corporate executive who had ties to the Bush family, Hinckley was a bright student who played multiple sports in high school, excelled at piano lessons, and cat9was twice elected class president. As a young man, however, he exhibited signs of psychological turmoil. He developed a fascination with firearms, and became consumed with various obsessions. Soon he was relying on anti-depressants and tranquilizers. Hinckley devoured The Catcher in the Rye, or rather, The Catcher in the Rye devoured Hinckley. Holden seemed to be reading his mind. The main trigger for Hinckley’s unraveling was not a book, however. He went hog wild over Martin Scorcese’s disturbing 1976 film Taxi Driver, about a social misfit named Travis Bickle who drives a cab in New York City. Brilliantly played by Robert DeNiro (“Are you talkin’ ta me?”), Travis the cab driver gradually becomes more and more unhinged, until he finally snaps, shaves his head into a mohawk, and goes on a murderous rampage. Hinckley saw the film at least 15 times, and grew dangerously infatuated with Jodie Foster, who portrayed an underage prostitute in the film. He went on to stalk the cat10actress while she was a student at Yale University, repeatedly phoning her and slipping notes and poems under her front door. The plan to assassinate President Reagan was hatched in order to somehow impress Foster, and thus “catch her in the rye.” On March 30, 1981, Hinckley fired six shots at President Reagan outside the Hilton Hotel in Washington, D.C., seriously wounding the president as well as three members of his entourage. Hinckley was quickly subdued by police before he could do any more damage. A copy of The Catcher in the Rye was found in his hotel room. He reportedly told authorities that if they wanted to hear his defense, they should just read Salinger’s novel. When Hinckley’s trial resulted in a verdict of “not guilty verdict by reason of insanity,” public outrage led many states to rewrite the laws pertaining to criminal insanity. After his trial, Hinckley wrote that the shooting was “the greatest love offering in the history of the world.” Jodie Foster did not agree. Neither did anyone else. Even people who loathed Reagan’s politics were appalled by Hinckley’s actions.

No Exit. Robert John Bardo endured a troubled, abusive upbringing in Tucson, Arizona. After an adolescent suicide attempt, he was placed in foster care. At the age of 15, he was institutionalized for a month due to emotional problems. Bardo dropped out of high school in the ninth grade, and took a job as a janitor at the local Jack in the Box. As a young adult, he was arrested Bardothree times on charges such as domestic violence and disorderly conduct. He repeatedly alarmed his neighbors with strange and threatening behavior. In 1986, he began stalking a well-known American film and television actress named Rebecca Schaeffer. He wrote letters to her, attempted to gain access to her on the set of a TV show, and eventually tracked down her home address. He decided to bring a copy of The Catcher in the Rye along with him as he set out to pay her a surprise visit. When Bardo showed up at Schaeffer’s apartment, he told her he was a huge fan, obtained her autograph, and left. Fifteen minutes later, he suddenly returned. When Schaeffer asked him to leave, he grew agitated and claimed he had come to “rescue her.” He pulled a gun out of a paper bag, pointed it at her chest, and pulled the trigger. He then raced away, leaving her to die on the floor. Schaeffer was taken to the hospital by the paramedics, only to be pronounced dead on arrival. Bardo was later arrested when he was found walking around aimlessly in traffic. Police soon found Bardo’s copy of The Catcher in the Rye lying on a rooftop where he had tossed it as he fled the crime scene. Bardo insisted that bringing the book with him to the murder was purely coincidental, and that he was not emulating Mark David Chapman in any way. Oddly enough, Bardo claimed it was a song by U2 called “Exit” that had inspired him to kill Rebecca Schaeffer. At his trial, when the song was played in the court room as evidence, Bardo was seen lip-synching the lyrics.

The Paranoia-Critical Method. Reading Holden Caulfield’s narrative in The Catcher in the Rye as a call to murder is a ridiculous misinterpretation, reminiscent of Charles Manson’s bizarre take on the Beatles’ White Album, in particular the song “Helter Skelter.” I am reminded of Salvador Dali’s “paranoia-critical method,” which involved making random associations cat12among various materials — the more shocking the better — as a way of generating outlandish content for surreal texts, paintings, and films. Dali was just seeking ways to shock the art world, though. Chapman, Hinckley, and Bardo, on the other hand, were deadly serious. They were not surrealists playing with dream-logic; they were bona fide paranoid schizophrenics. Their mental illness was so severe that they probably could have gleaned homicidal messages from a phone book or an automotive manual. Like Taxi Driver and U2, Salinger’s book just happened to be there waiting for them, as it has been waiting for millions of other readers who never committed any crimes. One shudders to think what would have happened if Mark David Chapman had grown obsessed with a truly violent book, such as Jim Thompson’s The Killer Inside Me. But then, does it even matter? Surely it makes no sense to blame books — fiction or nonfiction — for real world events. To do so is to lapse into a cause-and-effect fallacy. Influences and inspirations and triggers are not causes. They might form part of the backdrop or scenery of a crime, but they cannot be said to cause that crime. Strip away the faulty reasoning underlying paranoid associations, and we have to agree that murderers are at fault because of their own thoughts and actions, not because of anything that allegedly inspired them. Likewise, people are mentally ill because of faulty brain chemistry or traumatic experiences, not because of the books, films, and music they have been exposed to. The paranoia-critical method is fascinating when it comes to aesthetics. In the context of legality or morality, however, it serves no logical purpose, and only adds confusion to events that are already quite complex.

A Little Misreading. Oddly enough, the title Salinger chose for his masterpiece is based on an act of misinterpretation. In the novel, Holden overhears a small boy singing a popular lyric from Robert Burns. He may be hearing the lyric incorrectly, cat13however. He thinks the boy is singing, “If a body catch a body coming through the rye.” The actual lyric, a piece of folksy Scottish doggerel, reads as follows: “Gin a body meet a body/Comin thro’ the rye/Gin a body kiss a body/Need a body cry?” Either the boy is singing incorrectly, or Holden is hearing it wrong. In any case, Holden goes on to concoct an entire scenario based on this scrap of lyric:

 “Anyway, I keep picturing all these little kids playing some game in this big field of rye and all. Thousands of little kids, and nobody’s around – nobody big, I mean – except me. And I’m standing on the edge of some crazy cliff. What I have to do, I have to catch everybody if they start to go over the cliff – I mean if they’re running and they don’t look where they’re going I have to come out from somewhere and catch them. That’s all I do all day. I’d just be the catcher in the rye and all.”

This is eons away from the original Burns lyric, with its raw energy and earthy sexual overtones. Holden has seized upon a faulty or misinterpreted lyric, and then developed his own conception of its meaning in order to satisfy a deeply personal yearning. Salinger is showing us that the paranoia-critical method is utilized more often than we might like to admit — sometimes in useful, creative ways, but often resulting in no more than delusion.

Corporate Media Follies. The fact that the press would latch on to the literary angle of Chapman, Hinckley, and Bardo’s crimes, thus implicating The Catcher in the Rye in the mayhem, is not all that surprising. Media frenzies thrive on this sort of confusion. Television personalities and talk show hosts enjoy their own version of the paranoia-critical method. Anything related to celebrity scandal and murder gets ratings, which makes a lot of money, which is all the establishment media really cares about. And corporate America, which is inherently conservative, tends to view most literary fiction, and most art in general, with deep suspicion. Whenever a work of art can be blamed for a specific atrocity or a certain social problem, the media is happy to jump on the bandwagon, fan the flames of outrage, and hopefully see a spike in ratings. That’s what happened with The Catcher in the Rye. Meanwhile, all around the country, people who should have known better began wondering if there was something evil about Salinger’s masterpiece.

Bad Intelligence. The simple fact of the matter is that regardless of any “psychic violence” that might lurk within Holden Caulfield’s narrative, a few remarks about “killing phonies,” tossed off here and there merely as a way of blowing off steam, do not constitute a “murderer’s handbook.” The stench of crime that follows The Catcher in the Rye is a gross example of guilt by association, which is a travesty. The novel can be discussed in various ways, in regard to numerous topics (mental illness, urban alienation, sexual confusion, dark humor, empathy and compassion, etc.). The text itself, however, has nothing to do with murder or crime, no matter what the schizophrenics say.

Cruel Irony. In the most compelling sections of the new biography, Salinger emerges as our foremost poet of PTSD, and The Catcher in the Rye starts to look more and more like a creative response to wartime trauma. In this light, Holden is best understood as a vehicle the author uses to grapple with his own PTSD symptoms. The PTSD angle then becomes emblematic of a more universal human frailty. Based on what we now know about Salinger’s war experiences, it is difficult to conceive of The Catcher outside of the context of PTSD. Like all great literature, The Catcher is a multi-faceted work, and there is no need to oversimplify. If the text can be likened to an organism, then Salinger’s PTSD might be working on just one organ, rather than controlling the entire being. It may be at the very heart (not the brain) of the novel, pumping lifeblood into all of its various outbursts and digressions and lamentations. All of which makes the “murderer’s handbook” tag line even more cruel and ironic. Despite its sour expression, Holden Caulfield’s story is not a nihilistic descent into madness and death. It is a desperate struggle to maintain hope and compassion in the face of such catastrophes.

Life During Wartime. Salinger was drafted into the army in the spring of 1942. Serving with the 12th Infantry Regiment of the 4th Infantry Division, Salinger was involved in the D-Day invasion at Utah Beach, and then spent nearly 300 days in active service. He participated in the Battle of the Bulge, as well as the Battle of Hürtgen Forest. Primarily working with intelligence cat15personnel, Salinger’s main task was interrogating prisoners. Still, he was in the thick of the deadly winter fighting, surrounded by death and destruction. Then, as the war concluded, Salinger was among the first soldiers to liberate one of the satellite sites of the Dachau concentration camp. The reality of the camp was too much to take for even the most battle-hardened solders: mass graves and barbed wire enclosures, piles of starved corpses, charred and smoldering remains, with a few straggling survivors weighing as little as sixty pounds. Many troops broke down weeping, never to fully recover from the shock and horror. For Salinger, who happened to be half-Jewish, seeing firsthand evidence of the holocaust was overwhelming. People say that he walked into that concentration camp in 1945, and never really managed to walk out. Years later, Salinger would tell friends that he could not rid his senses of the smell of burning flesh. How could such an experience not leave psychological scars? How could it not have a profound affect on one’s writing? The philosopher Theodor Adorno once remarked, “After the camps, there can be no more poetry.” New kinds of writing would be necessary now, in the traumatized postwar setting, and Salinger, shaken as he was by PTSD, proved that he was ready and able to rise to the occasion. And he would do so without even mentioning the war.

Poo-Tee-Weet. Salinger carried a draft of the first six chapters of The Catcher in his rucksack throughout his WWII service. Maybe the manuscript’s presence helped him persevere. The work certainly helped him forge ahead once he was back home. Perhaps writing was the best form of therapy. He never wrote directly about his firsthand experience of the war or the holocaust. Not everyone came back from the conflict ready to write an epic war novel such as Norman Mailer’s The Naked and the Dead. Many struggled to communicate at all about what they had witnessed. Kurt Vonnegut Jr., a WWII veteran who witnessed the firebombing of Dresden as a POW, was open and honest about his own reticence. In the remarkable opening of Slaughterhouse Five, Vonnegut explains that he has been trying unsuccessfully for years to write his big Dresden novel, and that he is now forced to admit that he finds it impossible to do so. There will be no big Dresden novel. The best he can do is serve up a “jumbled and jangled” absurdist fable featuring Billy Pilgrim, a fatalistic optometrist who serves in the war, and is cat14present at the Dresden inferno, just like Vonnegut was. Rather than attempt to realistically capture the firebombing, Vonnegut merely evokes it in a few brief scenes, then uses it as a springboard for Billy’s odd cosmic adventures. After Dresden, Billy becomes “unstuck in time,” skipping randomly through scenes in his life, even traveling to a distant planet called Tralfamador, where he is held captive by aliens, and forced to mate with a movie star. Whenever something terrible happens around Billy, such as the execution of a man in Dresden for petty theft, Vonnegut sums up the action with either the singing of birds – “Poo-tee-weet” – or the simple phrase, “So it goes.” Slaughterhouse Five is no less of a tragicomic masterpiece than The Catcher in the Rye, and Vonnegut’s book was similarly attacked and criticized for being “controversial.” Both novels spring from the same source of pain — namely, the madness and tragedy of war. Unlike Vonnegut, Salinger wrote no introduction explaining his novel in terms of his war experience. Holden Caulfield is not a WWII veteran; yet his psyche seems haunted by the PTSD associated with the war. We do not need a paranoia-critical method to understand how Holden Caulfield and Billy Pilgrim serve similar purposes for each author. Through these fictional characters, Salinger and Vonnegut were able to articulate a deep source of pain that they could not otherwise find the words for. By exploring these characters fearlessly, dispensing with any obligations to “literary propriety,” each author was able to transcend the original source of pain, and create lasting art. Far from being immoral or depraved or insane, these books served to advance the cause of humanism. In the aftermath of a terrible crisis, they offered the consolation of simple truths in a spirit of wisdom, humor, compassion, and peace. That is ultimately how these books will be remembered.

cat2So it Goes. J.D. Salinger never made any public statement about his three worst fans — Chapman, Hinckley, and Bardo. People who knew the author say he was devastated by the way his novel’s reputation was being tarnished by such horrifying crimes. Salinger was a pacifist who disliked violence and controversy. He didn’t want to be a celebrity, yet he hadn’t withdrawn from the world completely. Like anyone else, he went out shopping, or to dinner and a movie. He liked to read the daily newspapers and watch the evening news in order to keep up with current events. One can only imagine what he was thinking and feeling as his best work became engulfed in a media frenzy and smeared on the basis of insane misunderstandings. No doubt this caused him a great deal of pain. Poo-tee-weet.

Dea Millerberg Sentenced to Utah State Prison in Sex/Meth/Heroin Death of 16-Year-Old Babysitter

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commentary by Patrick H. Moore

Eric Millerberg of North Ogden, Utah was/is a white supremacist and a member of the Silent Aryan Warriors. He was on parole for burglary and firearm charges last winter when, with his wife, Dea Millerberg, acting as an accomplice, he engaged in 3-way sex with his wife and their 16-year-old babysitter, Alexis Rasmussen, and injected the babysitter with lethal amounts of heroin and methamphetamine which led to her death. Once the girl had expired, the Millerbergs tried to hide the evidence by dumping Alexis in an isolated area of Morgan County, Utah. The child’s body was found five weeks later.

bea5In March of this year, Eric Millerberg, after being convicted at trial of child abuse homicide, obstruction of justice, unlawful sexual conduct with a minor and abuse or desecration of a human body, was sentenced to 6 years to life in prison for the key role he played in Alexis’s death.

Without a doubt, Eric’s conviction was facilitated by his wife Dea – who signed a plea deal – testifying against him.

Emiley Morgan of the Deseret News writes:

The key testimony in the trial came from Millerberg’s wife, Dea, who said it was Eric Millerberg who injected methamphetamine and heroin into the teenager’s body. Alexis baby-sat for the couple, but her friend also testified that she and Alexis would go to them for drugs and alcohol.

bea7The Millerbergs prepared drugs for the three of them, and they injected methamphetamine and heroin, smoked marijuana, drank alcohol and engaged in sexual activity the night Alexis died.

After Alexis took a bath at the Millerberg home, Dea Millerberg said the girl reported being really cold and shaking. Millerberg, a former nurse, didn’t think much of the girl’s symptoms at the time. But when Alexis became unresponsive later in the night, she tried to resuscitate her, but to no avail.

It was after that when the Millerbergs tried to cover themselves by hiding Alexis’ body.

At Millerberg’s hearing, while sentencing the 38-year-old to six years to life, the maximum sentence allowed, Second District Judge Scott Hadley stated:

“This homicide it is not a typical one, if there is such a thing. Intentionally injecting a young lady with dangerous drugs multiple times … it’s just beyond reckless.”

“(Alexis) was simply an immature victim that you took advantage of after you injected her with drugs. Frankly, the conduct that bothers me the most was the conduct after, that things could have been done to make it less horrendous than it was, but they weren’t.”

bea6At his sentencing, Eric Millerberg said he was sorry for the loss to Alexis’ family, but he refused to take total responsibility for her death:

“I’m willing to shoulder the responsibility for the role I played and the things that I have done,” he said. “There’s no way it’s all mine.”

During the trial and at Millerberg’s sentencing, there appeared to be a common assumption that Dea Millerberg had gotten a “sweetheart” plea deal, and very likely was going to do little, if any jail or prison time.

This turned out, however, to be a false assumption.

The CRIMESIDER STAFF writes:

beaA Utah woman accused of helping her husband dump their teenage baby sitter’s body in the woods after a night of sex and drugs has been sentenced to up to five years in prison.

A state judge sentenced 41-year-old Dea Millerberg in an emotional hearing on Thursday. Calling the crime heinous and depraved, Judge W. Brent West said he would have leveled a harsher sentence if not for a plea deal prosecutors agreed to in exchange for Millerberg’s testimony against her husband.

“She lost all her common sense, and was not in a position to help Alexis when she needed her the most,” said West as Millerberg burst into racking sobs.

In her plea agreement, Dea Millerberg’s pled to one count of desecration of a human body, one count of illegally obtaining prescription drugs and one count of obstructing justice (hiding the body).

bea3Each of these counts of conviction carries an indeterminate sentence of 0 to 5 years and they will be served concurrently in Utah State Prison. What this means realistically is that Dea could be out in a year of two.

Although many observers will undoubtedly believe Dea is getting off far too easily, the fact of the matter is 1) Rasmussen’s death was not ruled a homicide; and 2) if Dea Millerberg had not testified that her husband injected the girl with heroin and methamphetamine, prosecutors might not have been able to convict him.

“He was the one who was most responsible for this act,” Weber County Attorney Dee Smith said.

Dea Millerberg’s attorney, Michael Bouwhuis, had asked the judge for probation. He stated that Dea had been off drugs for three years since Rasmussen’s death and recently regained custody of her children. Bouwhuis explained that Dea had an unstable mother, started drinking at 13 and later turned to drugs herself. In addition, according to Bouwhuis, Dea was abused by Eric Millerberg as well as by a previous husband.

In the courtroom, a tearful Dea Millerberg turned to the victim’s mother, Dawn Miera, and apologized to her.

“I just want to say that I am appalled and disgusted by what I’ve done.”

bea10Ms. Miera appears to have handled this immensely difficult situation with considerable grace stating that she was satisfied with the sentence and ready to put the case behind her.

“I go back over and over again, thinking what I could have done to make things different, and I wonder if she does the same,” said Miera of Millerberg. “I do know Lexie was trying to find herself and she found Dea.”

* * * * *

What is troubling to me is why in the world did Alexis Rasmussen, who was young, attractive and presumably of at least normal intelligence “try to find herself” by having group sex and injecting narcotics with a hardened white supremacist and his reportedly abused wife?

bea8It is, of course, not at all unusual for teenage boys and girls to experiment with drugs, and the vast majority of them manage to pull through without too much difficulty. But smoking a little marijuana is a far cry from shooting meth and heroin. And then when you add 3-way-sex while in a state of serious intoxication with a couple who were old enough to be her parents, it gets very dark indeed.

Why did Alexis feel the need to do this? Why was she so reckless? What was missing from her life? These questions may never be answered but whatever the gaping emptiness in her life may have been, there is no doubt that it cost her dearly…

 

Click here to view our previous post on this troubling case:

Killing the Babysitter with Sex and Drugs Utah Style

 

 

Why I Never Became a Serial Killer!

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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

*     *     *     *     *

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 Day of the Jackal” Revisited: A Close Look at Frederick Forsyth’s Classic Political Thriller

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book review by Patrick H. Moore

A handsome new hardback edition of Frederick Forsyth’s The Day of the Jackal has recently been published by The Folio Society Ltd. In addition to being treated to the text itself, the reader will enjoy a series of tasteful black-and-white illustrations by noted illustrator Tatsuro Kiuchi, as well as an insightful introduction by Ken Follett, and a brief preface by the author himself.

acka7Reading Mr. Forsyth’s preface, I was astounded to discover that he wrote this somewhat dense and exquisitely detailed work in a mere two months in 1971. ‘How is that possible?’ I asked myself, and my question is still unanswered. Let me merely state that it was a wonderfully productive two months.

Jackal is an iconoclastic work which does not hesitate to break new ground. The Jackal, the story’s villain/protagonist, is a thoroughly unlikeable yet deeply intriguing character, a gun-for-hire sans conscience, perhaps even sans personality. Or to state it more precisely, his personality is strangely muted; although he enjoys fine drink and fine cuisine and dresses with a keen appreciation for conservative good taste, his enjoyment is not really pleasure at all but something more closely approximating stoic endurance – he eats and drinks and dresses because he has no other choice; the most lethal gun-for-hire in the western world must keep up appearances if he is to move unencumbered from European capital to capital without drawing undue attention to himself. A master of disguises, his basic persona is also a kind of disguise, so “normal” that he is neither this nor that, which is entirely fitting because part of Mr. Forsyth’s genius is to present his villain/protagonist as a man completely stripped of any personal psychology; i.e., the reader is never given any clues as to what combination of fixtures and forces has molded this strange executioner. If he had qualities associated with the anti-hero, he would be far more recognizable, but he does not; he seems to have virtually no qualities whatsoever beyond the necessarily superficial.

acka5Like any skilled writer, however, the author does provide the reader with a single symbol that exemplifies the Jackal’s curious lack of human qualities; his eyes are grey and strangely muted as if covered by an impenetrable curtain that removes him from all normal human feelings and interactions.

Of course, the Jackal does have two essential traits without which he could not operate. He is utterly selfish and absolutely lethal, and though he seems tightly wound and without spontaneity, as the plots proceeds, we discover that he is able to improvise when necessary with precision and ferocity.

Jackal is a political thriller set primarily in France, Belgium, Great Britain and Italy. The reader discovers that the French Prime Minister, Charles de Gaulle, is considered a traitor by French reactionaries (they would be called conservatives in America circa 2014) because he did not put up sufficient resistance when Algeria embarked upon the road to independence, which disenfranchised millions of French citizens who had settled there. Although any objective observer knows with certainty that the Algerian road to independence was inevitable, a foregone conclusion in a rapidly-changing world in which the old imperialist powers were losing their satellites, the French reactionaries consider it to be a shameful betrayal of French honor with only one possible solution. De Gaulle must die.

acka4The problem is that although the reactionaries, who are almost entirely drawn from the old French Foreign Legion, were soldiers of fortune of the first rank, they are not very good assassins and have failed miserably in their attempts to assassinate De Gaulle on their own. In fact, the book begins with an abortive attempt to eliminate the French leader which is almost laughable in its incompetence.

The readers learns that the ubiquitous hit men of the French and Corsican underworld are equally useless; the only solution is to contract with the world’s most skilled professional hit man, the Jackal.

acka8Because everyone knows that De Gaulle was not assassinated in real life, the reader is aware from the start that even the fearsome Jackal must inevitably fail, but nonetheless, Forsyth’s tale is so fascinating that this inconvenient little fact barely matters.

One of the compelling aspects of Jackal is the manner in which the author delineates a certain class of European criminals, the purveyors of made-to-order firearms and false passports. Both the gunsmith and the forger are Belgian and operate out of seedy locations in Brussels. There, however, their similarity ends; the gunsmith quickly recognizes that the Jackal is a force to be reckoned with and treats him with the utmost care and respect. The forger, on the other hand, misses the cues which costs him his life. This is the Jackal’s first actual onstage killing and, curiously, it is almost a relief to see his lethal nature manifest with deadly precision.

Because the Jackal lacks the essential qualities that we associate with “being human”, he is also imbued with an immense patience. This is a man who can “execute” both literally and figuratively. There are endless steps to his machinations – multiple disguises, multiples false identities, multiples flights and multiple excellent dinners; late in the game, there is even some “rough” sex thrown into the mix, but purely for plot purposes; Mr. Forsyth does not particularly aim to titillate.

acka6Some modern readers could grow impatient as the author slowly and painstakingly follows the Jackal through the steps of his perfectly conceived plan. This, however, is more a function of time and history than literary style. Jackal was written more than 40 years ago, in an era when people were in less of a rush than they are today, and the typical attention span was longer than it is today. Personally, I found the close attention to detail to be riveting.

One of the justly famous scenes describes the Jackal driving deep into the Belgian forest to test the sight on his custom-made assassin’s rifle, which of course, must function perfectly if he is to succeed in killing De Gaulle. His target, at this juncture, is a ripe melon which he decorates to resemble a human face and hangs from a tree branch:

ackaThe silencer went on easily, swiveling round the end of the barrel until it was tight. The telescopic sight fitted snugly along the top of the barrel. He slipped back the bolt and inserted the first cartridge into the breech. Squinting down the sight, he scoured the far end of the clearing for his hanging target. When he found it, he was surprised to find how large and clear it looked. To all appearances, had it been the head of a living man, it would have been no more than 30 yards away. He could make out the criss-cross lines of the string of the shopping bag where it restrained the melon, his own finger smears denoting the main features of the face.

Truly, our Jackal is in no rush.

From early on, Mr. Forsyth makes it crystal clear that the French security forces are top-notch and that to get close enough to De Gaulle to assassinate him will be a formidable task. And, sure enough, at a certain point, the Jackal’s scheme is discovered and the French authorities must marshal their forces to stop him.

This means that a second protagonist must appear — a detective of such skill and determination that even the wily Jackal will not be able to evade him forever. At this point, Mr. Forsyth must make a decision. What manner of man should the detective be? Let us turn here to Ken Follett’s Introduction:

At last, after a prologue lasting 188 mind-boggling pages, Forsyth brings on stage the hero of the story, Commissaire Claude Lebel.

© Tatsuro Kiuchi 2014 for The Day of the JackalBy contrast with the almost superhuman Jackal, Lebel is carefully underplayed. ‘A good cop’ is how he thinks of himself, ‘slow, precise, methodical, painstaking … he was known in the PJ as a bit of a plodder.’ His crumpled suit and raincoat must surely have inspired television’s Columbo. Like Columbo he is scorned, berated and jeered at by an upper- class antagonist, in this case Colonel Raoul Saint-Clair de Villauban (who just happens to be compromised by a sexy female agent working for the right-wing organization that has hired the Jackal). But we are specifically warned not to underestimate the quiet man with the soft brown eyes and toothbrush moustache.

So on the one hand, we have the Jackal, whose very lack of human qualities makes him, in a curious sense, “superhuman.” On the other hand we have our Mr. Everyman investigator, Commissaire “Do Not Sell Him Short” Claude Lebel. What these two have in common is the slow, painstaking method they both specialize in. Lebel is under pressure so intense it would break a lesser man, so what does he do? He puts on more coffee and proceeds slowly and carefully, knowing that with the stakes this high, any slip-up could be fatal.

Layout 1From this point on, it’s “cat-and-mouse” to the bitter end as Lebel and his people slowly but surely strive to tighten the noose around the Jackal’s neck. The Jackal, meanwhile will need every ounce of cold cunning he possesses to not only shake the French gendarmerie but – and this is key – carry out his carefully designed plan to shoot and kill the French head of state, the courageous and implacable Charles De Gaulle.

acka9The Day of the Jackal is a crime thriller that deserves to be read, pondered, and ultimately re-read. The fact that Mr. Forsyth wrote this intriguing and highly-innovative novel in a mere two months is surely one of the great mysteries of crime literature and suggests a single-mindedness of purpose that few can match, with the exception, perhaps, of the Jackal himself.

 

Here’s the link to the product page: http://www.foliosociety.com/book/DOJ/day-of-the-jackal-forsyth

And here’s a link to The Folio Society: www.foliosociety.com

And we must not forget the handsome slipcase and cover design that makes this volume a strikingly handsome addition to your library:

akk

 

 

 

STOP THE PRESSES: Judge Jeanine Pirro’s Misleading Information on Rick Perry Indictment Makes a Mockery of the Rule of Law

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by Robert Emmett Murphy, Jr.

STOP THE PRESSES: “All Things Crime Blog” provides better reporting than most professional journalists on a story of national importance! Blogger without law degree provides better legal analysis than rich and famous celebrity Judge with thirty-plus years legal experience.

This is a follow-up to my summary of the Rick Perry indictment: So Do You Want to Understand What Just Happened to Rick Perry?

akkk11With the exception of the law suit the US House of Representatives voted to file against President Barack Obama, the most politically-charged action currently unfolding in our legal system is the indictment of Rick Perry. I chose to write about it because most news agencies were not devoting the ridiculously large amount of column space required to really explain what was going on – the focus was the political implications, not the fascinating conundrum that an indictment grounded in uncontested facts and explicit law would also be so deeply problematic at the same time.

As the days went by, the reporting on this story didn’t get better, it got worse.

The indictment’s critics seem to be dominating the national conversation, and as few challenge the fact that the indictment is problematic, that, in of itself, is not necessarily the hijacking of the story by partisan political interests. Moreover, a number of the indictment’s opponents are on the opposite side of the political fence from Perry, like Alan Dershowitz and David Axelrod. But in what is a disturbing pattern, almost none of the critics address the contents of the indictment or the letter of the law.

akkk4The worst offender was Fox News’ legal expert, Judge Jeanine Ferris Pirro. Whatever merits the case does, or does not have, Judge Jeanine Ferris Pirro makes a fool of herself during what her admirers gleefully call an “epic rant.” (https://www.youtube.com/watch?v=rt6FYvWeuzA)This is so bad, it requires a line-by-line rebuttal:

A famous court of appeals judge once said, “A grand jury could indict a ham sandwich.”

akkk9As it happens, that judge, Sol Wachtler, had just been indicted himself, and later pled guilty. Want to read a really wild true crime story? Read that one. But not his version (he wrote a book); despite confessing to the crime, he never stopped blaming his victim.

Now I believe in the rule of law, but I am not going to sugarcoat this one.

The indictment of Texas Gov. Rick Perry for abuse of his veto power and coercion of a public servant is pure unadulterated hogwash! It makes DAs like me cringe in embarrassment. And it’s not just me – even former Obama White House political advisor David Axelrod calls the indictment “pretty sketchy.”

akkk6Now, I’ve spent my career in the assignment of blame – more than three decades as a prosecutor, superior court judge, and elected district attorney. I have empaneled grand juries, instructed grand juries, and ruled on grand jury actions.

Nothing about this indictment makes sense.

A sitting governor facing 109 years in prison because he threatened to veto funding to a drunk district attorney’s public integrity unit. Really?

No one disputes that the law gives the governor the power to veto funding. Period. End of the story.

No, not end of story, as demonstrated by Judge Pirro’s failure to address the contents of the indictment and the letter of the law that has been broken. Governor Perry is charged with coercion, using treats and taking actions against a Public Official he had no authority over to force that Public Official to bend to his will. No one disputes that the Constitution of the State of Texas gives the governor really broad powers to veto funding – except when that specific veto is explicitly in violation of a criminal statue in the penal law. To give a real-world example:

akkk13Boeing Corporation has every right to open up a new plant anywhere it wants, even if that new plant will be in a state that is legislatively hostile to unions, and the plant itself will have a non-union workforce. What Boeing is not allowed to do is publicly threaten to open up a non-union plant in another state as a strong-arm tactic during negotiations with the union workforce in its existing plant – that’s flat-out illegal under Federal law. Well, it made the threat, and started making steps towards carrying out the threat, and the Feds hit them like a ton of bricks. This sparked a huge partisan outcry because the Obama Administration was allegedly using a law enforcement agency to show favoritism to the union at the expense of the company owners, but it was ultimately settled out of court with terms largely favorable to the union, because the law is the law.

So now every time a governor vetoes funding or legislation, will he or she be subject to an investigation or an indictment because people complained it was political?

Here she hits on the key problem with the indictment, it may threaten separation of powers. The Texas Governor is really granted broad veto power under the Constitution, more power than the President of the United States enjoys. Undermining this it changes the power relationship between the Governor and the Legislature. But she doesn’t put it in terms of “separation of powers” probably because the indictment’s key vulnerability is also the back-bone of its legitimacy. By defunding a District Attorney’s Public Integrity Unit, part of the Judiciary, which is supposed to operate independently of the Governor, just because they won’t allow him to exert direct influence over their day to day operations, seems to be an even more explicit violation of separation of powers, and with a more demonstrable threat to the public good.

akkk7A little back story here – the DA, Rosemary Lehmberg, is a drunk. Yes. The chief law enforcement officer of Austin County, Texas, is not just a drunk – she’s a convicted drunk driver. She has actually spent time in jail. Imagine: the chief law enforcement officer is a convict who served jail time!

Now, I have no sympathy for drunk drivers. They don’t have to get behind the wheel of a car, especially a DA who certainly had other options. On the night she chose to drive her Lexus, she had an open vodka bottle on the front seat and was weaving in and out of a bicycle lane.

I have seen the consequences of driving drunk. Innocents slaughtered by thousands of pounds of steel because a drunk chose to get behind the wheel of a car.

And folks, it’s even worse than this. Her blood alcohol level was three times the legal limit. And her behavior – both before and after her arrest – was so outrageous, so threatening, so belligerent, so combative, the woman had to be strapped down.

akkk5And this woman actually thinks that she should remain the person who decides who gets indicted and who doesn’t?

Now we have to count the words.

Judge Pirro devotes 197 words to bash Rosemarie Lehmberg. (Well, more, actually, she also bashed Lehmberg earlier in the rant, but without going into detail.)

How many words did she devote to explain the contents of the indictment and the law broken? Depending on how you understand the word “explain,” between 23 and 45. In those spare number of words, she failed to mention that another Texas Governor was indicted, impeached, and convicted for doing essentially exactly the same thing Perry did. His name was James E. “Pa” Ferguson, look him up.

Rosemary LehmbergSo, Gov. Rick Perry says that someone like this is not fit to be DA or certainly to run the public integrity unit, adding that he would veto funding for that program.

Now, DA Rosemary doesn’t like that, takes umbrage at this along with a watchdog group that filed a complaint against Perry, and a special prosecutor is appointed.

Now, I created a public integrity unit in my office for the specific purpose of investigating public officials and maintaining the integrity of their offices.

What she skips is that Perry never took this action against two other Texas DAs that had DUI convictions on his watch. They were both Republicans. In addition to being a Democrat, and the last holder of an office with State-wide authority that was not his ally/appointee, Lehmberg was actively investigating Perry’s closet associates and signature projects. Had he successful forced her out of office, he was empowered to appoint her replacement, which may have threatened the integrity of the investigations that would directly impact Perry and his friends. That’s the very definition of conflict of interest.

You may recall that the Austin County District Attorney’s Office is known for ridiculous political prosecutions. Evidence: Republican Gov. Kay Bailey Hutchison indicted three times, acquitted every time. Republican Congressman Tom Delay indicted, conviction immediately overturned.

akkk14The difficulty in getting a true bill on Hutchison, and then her acquittal when Travis County finally did, was certainly an embarrassment, but DeLay’s a different story. He was part of the Jack Abramoff circle, a literally nation-wide network of dirty political operators. That scandal proved to the most impactful series of mostly successful anti-corruption prosecutions of Federal-level elected offices since ABSCAM in the 1970s. A jury of citizens saw there was evidence to convict DeLay of money laundering, but then a Republican Judge (an elected official and therefore a political figure) said there was no evidence. The overturning of the conviction, which is the process of being appealed, is more controversial than the conviction itself.

Austin County – in case you don’t know – is the only Democratic county in a completely red state of Texas.

Bigger picture: Gov. Rick Perry is frequently mentioned as a 2016 presidential candidate. As of late, his handling of immigration at the Texas border has been applauded nationwide.

Republican Gov. Chris Christie also under federal investigation for a traffic jam, and Republican Gov. Scott Walker under federal investigation, both of them frequently mentioned as possible 2016 candidates.

akkk2This is where she launches into charges that this is part of a nationwide conspiracy of Democrats to subvert democracy and establish single party rule, Communism, atheism, and mandatory gay-porn training films in our nation’s elementary schools and Sharia law in all our communities.

Am I being snide and factually absurd? Yes, but no more snide and factually absurd than she, because of something else she failed to mention.

Perry public threatened to veto funding if Lehmberg didn’t resign. That, in and of itself, is technically illegal, but also it is a weak enough charge that it really would’ve been absurd to pursue it. When the threat was made, the illegality of the threatened act was made clear to him. And he went and did it anyway.

As the law was clear, and the facts not in dispute, no one had any choice but to present the facts to a Grand Jury. But no one wanted to. This case was kryptonite because of the obvious partisan over-tones. This case was both a no-brainer and a career wrecker. Travis County recused themselves because of the obvious conflict of interest issues (note how Judge Pirro hinted this akkk15was Lehmberg’s indictment without really saying so? Well, it isn’t Lehmberg’s indictment). In fact, every Democrat presented with the complaint (filed by a citizen’s watch-dog group) recused him/herself. That meant it landed on the desk of Judge Billy Ray Stubblefield of the 3rd Judicial District, who is now officially the third most unhappy person working in the Texas Criminal Justice system. You see, he’s a Republican, and was in fact appointed by Perry. He was thus placed in a lousy position — the law was very clear, so he was without a choice in the matter; he had to assign a Special Prosecutor and a Judge to preside over the grand jury. He had to make sure this went forward even though to do so would make him guilty of the sin of apostasy in the eyes of Texas Republican power-structure.

Stubblefield named Mike McCrum as Special Prosecutor. McCrum’s much admired, with no party affiliation, and has been publicly critical of the Obama Administration in the past. McCrum was the figure most responsible for establishing fact before the citizens sitting on the Grand Jury. Stubblefield named retired Judge Bert Richardson of Bexar County to preside; he’s another Republican. Richardson was the one most responsible for making sure the citizens sitting on the Grand Jury understood the laws in play. These two are now officially the first and second most unhappy persons in the Texas Criminal Justice system.

akkk16Currently, McCrum is getting most of the brunt of the ire of the pundits, who usually do name him in their rants. But remember, the facts are not in dispute. This case will hinge on if the facts reflect what is illegal under the law, and if the law itself is Constitutional. So really, only Richardson was the guy in the position to unfairly manipulate the process, and will be accused of doing this whether he did so or not. Is it any wonder a retired Judge was given this thankless job?

So there’s not a single Democrat in any official capacity involved in the Grand Jury that reviewed the charges against Rick Perry, but the indictment is still part of a nationwide conspiracy of evil Democrats.

Pirro’s last line:

Like I said, a judge was famously quoted as saying a grand jury could indict a ham sandwich. Apparently they like ham in Texas.

No. But they certainly like it when you ham it up at Faux News.

The take-away is this; whether or not the indictment holds up, Perry brought this upon himself. Lehmberg was holding her office legally, and he had no authority to remove her from that office. And attempt to do so via veto was explicitly illegal, and he was fore-warned of that, but did it anyway. His withholding of funds did the public harm (lawyers and investigators within PIU were laid off), and of course she was actively investigating him, or at least his close associates. It is the obligation of all public servants to avoid misconduct or the appearance of misconduct, and Perry clearly failed in that obligation.

akkkYou will not be surprised when I say that the indictment should hold up, and Perry should be convicted. I go one step farther; because here, typing away in my windowless room receiving no tan except from the blue lift of my computer monitor, I’ve decided on the most appropriate sentence for Mr. Perry:

No, not 109 years in jail. A mere 100 weekends (or about 1,600 hours) of community service assigned to a facility housing undocumented minors awaiting processing.

 

 

Click here to read Robert Emmett Murphy, Jr’s previous post on the Rick Perry indictment:

So Do You Want To Understand What Just Happened To Rick Perry?

 

Oklahoma City Police Officer Arrested for Multiple Sexual Assaults: More Victims May Still Come Forward

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commentary by Patrick H. Moore

All sexual assaults are creepy and of course sex crimes against children go to the head of the class. But there’s another type of sex crime that is not far behind in terms of pure reprehensibility – this is when your neighborhood police officer bullies innocent women into providing him with sexual favors through a combination of intimidation and general cussedness.

Because I am very aware of this tendency on the part of some law enforcement personnel, one of my biggest worries is that my daughter, who is rather pretty, will get pulled over late one night by a patrolman who will decide to victimize her. I warn her about this possibility regularly and because she is of the age when teens tend to think they’re invincible, she probably pays no attention. Although I’m not quite to the point of lying awake at night waiting for her to get home safely, I wake instantly when I hear the blessed sound of the front door opening, breathe a sigh of relief, and head back to dreamland.

* * * * *

and3Daniel Ken Holtzclaw was a football star in high school and later on in college at Eastern Michigan University.

Kristi Eaton and Ken Miller of the Associated Press write:

Holtzclaw was an all-state football player in his senior year at Enid, leading the team with 123 tackles. The Eastern Michigan football media guide in 2008 featured him at the top of its roster page — touting his weightlifting abilities and his starting in every game since his arrival on campus in 2005. He tried out for the Detroit Lions after he was not taken in the NFL draft, but was cut from the team.

Holtzclaw’s size, 6-foot-1, 246 pounds, may have worked against him making the pros as he’s a bit small for a linebacker which was apparently his position in college.

and6Therefore, Holtzclaw, who majored in Criminal Justice, decided to go into police work and landed a job with the Oklahoma City police force. Based on a flippant (and disturbing) remark he made last year in an interview with the Enid News & Eagle newspaper, he sounds far more interested in intimidation than in actually seeking justice. In the interview, was quoted as saying he wanted to join the police department’s anti-gang unit “where you knock and go in screaming.”

“The gang unit reminds me most of playing football. It reminds me of that adrenaline rush. You are going, going … chasing bad guys.”

For unknown reasons, however, Hotzclaw was not assigned to the anti-gang unit, although he might have made it there eventually if he wasn’t allegedly a SEXUAL CRIMINAL. In his second year on the force, he was assigned to a nighttime patrol route in a rundown part of Oklahoma City.

Eaton and Miller write:

An Oklahoma City police officer arrested on charges of serial sexual assault preyed on women in the rundown neighborhoods he was assigned to patrol — picking some up off the street, pulling others over at traffic stops and in one case taking a woman to a nearby school, according to an affidavit released Friday.

and9Former star football player Daniel Ken Holtzclaw, 27, raped one woman and either fondled others or forced them to expose themselves, investigators said. He made others perform sex acts on him.

And police said there could be more victims than the seven already identified.

“They’re retracing all of his contacts, as many as they can, especially traffic stops,” said police spokesman Capt. Dexter Nelson.

To their credit, the Oklahoma Police appear to have launched an investigation immediately when a woman complained in June that Holtzclaw had sexually assaulted her during a traffic stop on a boulevard about two miles north of the state Capitol. Holtzclaw was immediately placed on leave and investigators began checking Holtzclaw’s interactions with the public since he began street patrols about 18 months ago.

and5By re-tracing Holtzclaw’s on-the-job contacts, the investigators identified seven victims and eight incidents of sexual misconduct including rape, sexual battery and indecent exposure. Only then was the former star tackler arrested and taken into custody. Police Chief Bill Citty made the decision to publish Holtzclaw’s photograph in the hope that other victims will step forward. Holtzclaw had not previously been disciplined in his three-year tenure with the department, although according to one report, he was named in a wrongful death suit in 2013.

and10According to the affidavit, the victims were reportedly all black women between the ages of 34 and 58. Three of the women were assaulted in his car and one victim was taken to a school in the Spring Lake Division where Holtzclaw worked.

“Did he feel that these people were so disenfranchised that they could be thrown away because no one would care about their safety?” asked state Rep. Connie Johnson, who represents the area in the state Legislature.

The police are not convinced that Holtzclaw targeted the victims because of their race, but suspect he simply assaulted the women who were available it the area he worked, which was a racially-mixed neighborhood of blacks, Hispanics, Vietnamese and a few whites.

It’s curious how some people react to an incident of this nature. Holtzclaw’s former high school football coach Tom Cobble is apparently more concerned that Holtzclaw “knows he’s loved” than he is concerned about the welfare of the hapless victims.

Cobble said the allegations were “absolutely a shock. It’s so totally out of character. It’s unbelievable. We need to reach out to him and make sure he knows he’s loved.”

It’s going to take more than “love” to get Holtzclaw out of this mess.

and8In contrast to Coach Cobble, Capt. Nelson said Holtzclaw’s colleagues are upset at the allegations against a police officer.

“Most of us see it as a black eye to our profession and our department.”

Holtzclaw is being held at the Oklahoma County Jail in lieu of $5 million bond. District Attorney David Prater said formal charges could be lodged by Aug. 29.

* * * * *

annon12This is the second case of serious charges being brought against urban area Oklahoma police officers in the past few weeks. In Tulsa, we had 24-year-police-force veteran Shannon Kepler being charged with first-degree-murder in the August 5th shooting death of his adopted daughter Lisa’s 19-year-old boyfriend, Jeremy Lake.

In Kepler’s case, there is some question as to exactly what transpired. There are only two witnesses, Lisa Kepler and one other individual who allegedly suffers from mental problems. Kepler’s lawyer has reportedly stated that they have a “valid, though imperfect defense”.

and4In the case of Daniel Hotzclaw, based on the sheer number of allegations against him (the number is seven and could go higher), it seems rather unlikely that the accusations are unfounded.

With local law enforcement agencies now in the spotlight based on the sheer number of shootings, rapes and beatings perpetrated by those who are supposed to protect us, it will be interesting to see if police departments around the nation become more sensitive to the need to “police their own” effectively. As a nation, we need to be able to trust our “men in blue” rather than simply fearing them as so many of us do.

Pennsylvania Family Feud Ends in Bloodbath: Only Dad Survives

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commentary by Patrick H. Moore

frew5Feuds are a traditional part of the American landscape. For example, the Hatfield–McCoy conflict is now an icon of American folklore. Between 1880 and 1891, it claimed the lives more than a dozen members of the two families, and made headlines all across the country. The Earp-Clanton feud is another legendary one and produced the Gunfight at O.K. Corral where the three Earp brothers, Wyatt, Morgan and Virgil, along with the enigmatic Doc Holliday, killed Billy Clanton, Frank McLaury and Tom McLaury.

frew3Feuds, however, do not have to be between families or rival groups; they can be within a single family as was proven on Friday Sept. 27, 2013 in Asheville, PA, about 40 miles southwest of State College, home of Penn State University. Gary Baranec of the Associated Press writes:

A two-decade family feud came to a violent end when a man shot dead the two home invaders that killed his wife and son, not knowing the assailants included his long-estranged daughter, authorities said Sunday.

Though the investigation of Friday’s shootings continues, authorities said it appears Josephine and Jeffrey Ruckinger planned to murder her family at their rural central Pennsylvania home — but it remains unclear what exactly led to the deadly confrontation.

frew6According to Cambria County District Attorney Kelly Callihan, Josephine and Jeffrey parked at the bottom of their parents’ long driveway and walked up the hill to their white mobile home, heavily armed, with murder in their hearts. Josephine carried a sawed-off 12-gauge shotgun and her husband had a Derringer pistol and a .22-caliber semi-automatic handgun.

When the J & J gang arrived at the door, Josephine’s father John Frew, her mother Roberta, and her brother John Jr., 47, had just returned from a Friday night dinner out on the town. Perhaps predictably, they were watching TV and digesting their food in the living room when the knock sounded at their door.

According to the police, Roberta, 64, answered the knock. She only had time to cry out something like “Oh my God, they have guns!” before her daughter shot her at point-blank range. By then, John Jr. was apparently attempting to arm himself, but he was too slow and Jeffrey Ruckinger shot him multiple times in the chest, killing him.

frew2Up tho this point, things were extremely one-sided, but they turned around quickly when John Frew Sr., 67, came out from the bedroom brandishing a .22 revolver. He reports that his daughter, whom he didn’t initially recognize, was pointing the shotgun at him. It’s not clear why Josephine didn’t fire immediately when her father came out of the bedroom — perhaps she had a self-justification spiel prepared – but she didn’t. Frew shot her in the head from across the room. One bullet and his daughter was down; he then turned and exchanged fire with Jeffrey Ruckinger, killing him almost instantly. Then he called the police.

Josephine Ruckinger was still alive when police arrived, but expired later at a local area hospital. John Frew apparently did not suffer so much as a scratch.

frewD.A. Callihan stated that the preliminary investigation suggests that the elder Frew and his family were victims “of a pre-planned murder” plot, and that it’s pretty clear that he acted in self-defense. Based on the fact the police found a can of gas and lighter fluid in the Ruckingers’ car, it appears that the assailants’ plan was to torch the place after murdering mother, father and brother.

Ballistics and toxicology tests are pending, according to the investigators.

A relative, Virginia Cruse, noted that Josephine and her mother did not get along, but that she had no idea what triggered Friday’s tragedy. She did state that Josephine hated her frew4family and that when she was about 20, she and a boyfriend wrecked her parents’ home and stole various items including a pistol, before fleeing to Pittsburgh. After that, Cruse said, John Sr. and Roberta “more or less, they disowned her.”

*     *     *     *     *

About all I can say in response to this bizarre and disturbing quadruple murder is that family values in the Frew-Ruckinger clan certainly left a lot to be desired.

 

The Evil That Resides Within…Jack Spillman Serial Killer and Werewolf

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by JJ Rogers

Like most people, I am blocked from comprehending true evil, which is probably fortunate.  It’s not that I haven’t tried. I’m one of those who grew up watching Dracula, Frankenstein, and the Werewolf.  It was a wonderful escape, an exercise in retreating from reality into a parallel universe where things were dark, and terrifying, yet not real.  I never feared crossing over and wishing those nightmares would manifest in everyday life. But, I never personally dreamed of actually becoming the beast.

jak2The Werewolf was frightening due to the connection between the human and the animal that resides within all of us.  It was intriguing that a normal man by day could morph from one state of being into another completely opposed state, and then come back again.  The Werewolf always seemed to have a conscience while in human form and complete animalistic desires while in his wolf state.  His animalistic behaviors bring out our darkest fears of being butchered, slaughtered by a merciless beast.

One man from Spokane, Washington, actually crossed over into that dark, evil space where only horror resides.  You wouldn’t have known by looking at him. He could have been the innocuous fellow sitting next you on the bus, or even that friendly guy who is always funny and exudes a pleasing innocence.  He could have been the guy you invited to stay with you when he was down on his luck. The gentle fellow you’d never suspect when your child goes missing. He could have been a lot of things but he wasn’t. Instead, he was Jack Owen Spillman, III, human werewolf.

Jack dropped out of high school in the 9th grade and lived in a trailer house in the Spokane Valley.  By all reports, his functional level remained that of a 4th grader.  His one way trip into torment was driven by his desire to become the Werewolf.  He dreamed of stalking his prey, imprinting on a victim in order to act out his dark desires.

jak6Jack’s first serious conviction was in 1993. He and his roommate were arrested for raping a 26-year-old woman they had picked up at a downtown bar.  Black-hearted Jack held her down while his roommate viciously raped her.  But she showed a lot of pluck, and before Jack got his turn, she was able to escape.  She reported the attack immediately.  Both men were arrested, judged guilty and sentenced.

Of course, this wasn’t Jack’s first encounter with the law.  He had been in-and-out of jail for burglary, physical assault (on women), and attempted rape.  He was the classic case of a major crime against humanity just waiting to happen.

Jack Spillman spent the last few months of 1993 and the first two months of 1994 in a Washington State Penitentiary. In total, he only served 124 days. His cellmate at the time, Mark Miller, reported that Jack had done a lot of talking and had shared his fantasies of murdering many young women and degrading their bodies.  Mark said Jack said his goal in life was to become the most infamous serial killer in the U.S. Nevertheless, the authorities released Jack back into society after a ridiculously short period of time.

The public was not warned.  Jack moved to Tonasket, Washington.

jak7On September 19, 1994, a 9-year-old girl, Penny Davis, turned up missing in Tonasket.  Jack was picked up and questioned by the police while driving near the Davis residence, supposedly part of the search team.  Jack knew Penny’s mom, and had stayed with the Davis family on occasion. The police started asking too many questions and Jack felt they were on to him.  He moved to Wenatchee before they could question him further.

Jack later admitted he had stalked both Penny Davis and her older sister, who was the one he really wanted. He had watched them and fantasized about kidnapping the older girl. But on the day of reckoning, only Penny was playing in their front yard.  Jack grabbed her and took her to a local cave, where he planned to keep her alive while torturing her and acting out his evil desires.

Six months later, the nasty little 9-year-old in Jack emerged. On March 31, 1995, he broke into an apartment where he mutilated a pet hamster.  He cut the little beast’s head off, and spun the hamster around in circles, splattering the walls and stuffed animals with blood.  He left the knife protruding from the head of a stuffed panda bear on a child’s bed.  Jack escaped.

It was only a matter of time now.

In April, in East Wenatchee, Washington, Jack broke into the house of 48-year-old Rita Huffman. Rita had a 14-year-old daughter Amanda “Mandy” Huffman. Jack wanted Mandy. He had been stalking her for a few days.  But when he broke in, he was confronted by Rita who was also there.  This was the full disaster for mother and daughter. Jack sexually assaulted them both repeatedly before brutally murdering them.

jak10Jack had been previously employed as a butcher. This information was to prove crucial in his conviction based on the precision of what occurred next.

Jack posed the victims in a clearly sexual manner and butchered them with great precision in a way that nevertheless appeared more animal than human.  He cut away portions of their genitalia. The mutilation can only be explained as purely evil.

When Jack was first questioned on suspicion of burglary, the authorities released him, but they kept an eye on him. They were suspicious but didn’t have hard evidence, yet. The police maintained surveillance on Jack and it paid off. They saw him throw away a ski mask, soaked in what was later verified to be Amanda’s blood.  Jack later admitted to cutting her in order to drink her blood, something he had fantasized about doing, in order to fulfill his lycanthropic desires.

Jack identifies with this savage beast. He likes to brag of being like a Werewolf, even though he had shaved his entire body to avoid detection.

Jack was eventually convicted of killing both Rita and Mandy.

jak9In order to avoid the death penalty, Jack admitted to previously killing 9-year-old Penny Davis, the girl he had taken to the cave near Tonasket. He had wanted to keep her alive but had botched the job. She had died too quickly after he cut her throat too deeply while torturing her.  He had returned to her body for sexual purposes repeatedly.  He also buried her in a sexually suggestive position.  Although the authorities recovered Penny’s body, they could not identify the location of the original burial site, or the site of the actual crimes.

jak11Jack Spillman had a long criminal history. He had escalated from burglary, to stalking, then to rape.  The police were aware of his presence.  He was obviously dangerous, and yet nothing was done until it was too late.

Jack Owen Spillman, III, will spend the rest of his life in prison at the Clallam Bay Corrections Center in Washington State.  His guards aren’t allowed to comment on his “state of being”.  But we can be guaranteed the evil that resides within him is locked away in a very cold, damp prison cell.

 

Click here to read JJ Rogers’ previous posts on Pacific Northwest murderers:

Murder Stories I Can Never Forget: Snake River Serial Killer Still at Large?

Will Karmic Retribution Trip Up Kevin Coe, the Notorious South Hill Rapist?

coeJJ Rogers is the owner of Northern Tier Fine Arts Studio. A bit of a Renaissance man, he is a professional portrait artist and a retired math teacher. He has served as a Washington State Math Advisory Panelist, and is the creator of many state math questions on high stakes testing. Most importantly for us, however, he has substantial knowledge of crimes of violence commiited in the Pacific Northwest over the past 40 years. 

 

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