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Monday, January 24, 2022

The Emily Dearden Attempted Murder Case

     In 2013, 46-year-old Kenneth Dearden, a prominent real estate developer, resided with his wife Emily in a house they had purchased in 2000 for $562,000 in Yonkers, New York. The couple's two daughters lived with them in the house at 82 Ponfield Road West.

     Mr. Dearden, originally from Shrewsbury, Massachusetts, had served in the Air Force. He had a bachelor's degree in mechanical engineering from Cornell University and a masters from Rotterdam School of Management in the Netherlands. He and his wife were married in July 1996. Mr. Dearden had founded his company, DW Capital Associates, and was president of the Yonkers Downtown/Waterfront Business Improvement District.

     Emily Dearden, originally from Englewood, New Jersey, had a bachelor's degree in psychology from Northwestern University and master's degrees from Columbia University and Widener University. The 45-year-old held the position of senior psychologist for the New York City Police Department.

     At three-thirty in the morning of November 14, 2013, Kenneth Dearden awoke with a searing pain in his jaw. His pillow was soaked in blood and his wife Emily was not in bed with him. Mr. Dearden made his way to the first floor where he found Emily lying on the family room floor with her eyes closed. After being quickly revived, she said an intruder had hit her in the head.

     At a nearby hospital, doctors determined that Mr. Dearden had been shot. The bullet had entered his head near the base of the skull and lodged in his left cheek after passing through one of his carotid arteries. (He spent eight days in the hospital and underwent three operations.) Mrs. Dearden did not seek medical attention.

     Later that morning, when detectives showed up at the Dearden house to investigate the shooting, they were surprised to find Mrs. Dearden washing her nightclothes instead of being at the hospital with her husband. Apparently unfazed over the fact an intruder had struck her in the head and shot her husband, she asked the officers if they had a warrant to search the dwelling. (Because it was a crime scene, they didn't need one.)

     In the basement of the house officers found four pistols including two derringers that were consistent with the caliber of the attempted murder weapon. The handguns belonged to Mrs. Dearden. She said they had been given to her by her father. (Forensic tests to match one of these firearms to the slug removed from the victim's head were inconclusive.)

     Detectives, from the onset of the case questioned the home invasion theory. There were no signs of forced entry: the family Rottweiler who slept in a doggie bed outside the master bedroom had not awakened Mr. Dearden, the home intrusion alarm had not been activated, and nothing had been taken. In other words, Emily Dearden's story didn't make sense to investigators.

     Detectives were also suspicious of the fact the victim's wife had waited until the next day to visit her husband at the hospital. Moreover, on the day of the shooting, she had met David Warren Roudenbush, a man she had been having an on-and-off again affair with since early 2011, at a restaurant in Yonkers. Investigators wondered why she had chosen to meet with Roudenbush instead of visiting her husband in the hospital.

     The investigation into the attempted murder stalled. Detectives did not identify an intruder, and no charges were brought against the victim's wife. She remained a suspect, however.

     In August 2014, Emily Dearden filed for divorce. About this time NYPD officials relieved her as the department's senior psychologist. They reassigned her to "administrative duties."

     Kenneth Dearden, on November 14, 2014, in a Westchester County Court, filed a civil suit against his estranged wife. According to the lawsuit, the shooting had been a "sadistic attack by an adulterous wife on her husband." As for the motive behind the assault, the plaintiff accused the defendant of shooting him so she could keep the marital home, avoid a contentious divorce, and never have to admit her infidelities to her family and friends.

     According to Mr. Dearden's version of the case, David Warren Roudenbush, after divorcing his wife, had pressured Mrs. Dearden to leave him. As a result of the shooting, the victim claimed he suffered mental anguish and the fear of being attacked again.

     On November 21, 2014, the district attorney of Westchester County announced that Emily Dearden had been charged with attempted second-degree murder. Later that day the accused turned herself in to the authorities. At her arraignment the judge set her bail at $150,000 which she immediately posted to avoid going to jail. The judge ordered Emily Dearden to stay away from her husband and their children.

     Following the criminal charge, the suspended Dearden handed her NYPD identification card over to an Internal Affairs Bureau official. Her attorney told reporters that his client had not shot Mr. Dearden and that the lawsuit had been filed as retaliation for her having filed for divorce.

     Following her May 2015 indictment for attempted murder, assault, and criminal possession of a weapon, Emily Dearden pleaded not guilty at the arraignment in Yorkers. Her attorney, Paul Bergman, told reporters that "Dr. Dearden is confident she will prevail in this case." If convicted as charged, the defendant could face up to 25 years in prison.

     In February 2017, Emily Dearden pleaded guilty to attempted first-degree murder. Judge Barry Warhit sentenced her to a three and a half year prison term.

     Three and a half years in prison for shooting her husband in the head while he slept. This is a good example of plea bargain justice.

The Search For Clues

It is through clues that we form our opinion about the facts of a case. This is only one alternative: to catch the culprit red-handed.

Theodore Reik, The Compulsion to Confess, 1959

The Gory, Perverse Stuff of Fiction

Is there a subject too daunting, a perversion too kinky to mention? Show a writer a taboo and we'll turn it into a story. Pedophilia? Nabokov's Humbert Humbert has been there, done that. The recent craze for zombie fiction offered an orgy of the restless undead feasting on human flesh. Genre novels serve up all sorts of grisly horrors and murder, and the popularity of Fifty Shades of Gray suggests that readers have no problem with sex beyond the vanilla. Even love between the species finds its expression in fairy tales like The Frog Prince and Beauty and the Beast.

Francine Prose, The New York Times Book Review, July 20, 2014 

Too Much Backstory

Too much backstory kills a children's book by slowing the pace to a crawl. This is especially deadly in a young adult novel, where pacing is generally faster than in adult books.

Ricki Schultz in Children's Writer's and Illustrator's Market, edited by Chuck Sambuchino, 2013 

Literary Voice Versus Authority

In fiction, the writer's voice matters; in reporting, the writer's authority matters. The writer of fiction must invent; the journalist must not invent. We read fiction to fortify our psyches and in the pleasure that fortification may give us. We need journalism to learn about the external world in which our psychics have to struggle along, and the quality we most need in the reporter is some measure of trustworthiness. Good journalists care about what words mean.

John Hersey, The Writer's Craft, 1973 

Influential Book Reviews

A good book review should do an evocative job of pointing out quality. "Look at this! Isn't this good?" should be the critic's basic attitude. Occasionally, however, you have to say, "Look at this! Isn't it awful?" In either case, it's important to quote from the book. Criticism has no real power, only influence.

Clive James, poet and author, 2013 interview 

First Novel Expectations

Highly autobiographical first novels are out of fashion. Budding writers are expected to cast their eyes away from themselves. And yet in our culture of instant gratification and celebrity, a writer's reputation can depend almost exclusively on the critical reception of a first novel. The problem is twofold: we expect first novels to be works of non-autobiographical genius well before a writer has time to mature.

Rosalind Porter, findarticles.com, 2005 

Sunday, January 23, 2022

The Keith Little Murder Case

     At ten-thirty in the morning of New Year's Day 2011, police were called to the Suburban Hospital in Bethesda, Maryland where they discovered maintenance supervisor Roosevelt Brockington's body in his basement boiler room office. Someone had stabbed Brockington 70 times in the face, neck, chest, and back. The 40-year-old victim had a 12-inch knife stuck in his neck. This was clearly a crime of passion committed by someone who hated the victim.

     Five days after the murder, a Suburban Hospital worker reported seeing Keith Little, a maintenance employee, washing a pair of black gloves and a ski-mask in chemically treated water. The police recovered these items from the trash outside the boiler room and took Little, already a suspect, into custody.

     On February 3, 2003, in an earlier case, Keith Little had allegedly killed his maintenance boss in Washington, D.C. This victim, Gordon Rollins, had been shot six times. The jury in the 2006 murder trial found Little not guilty. He walked out of court a free man.

     Investigators in the Bethesda murder case had reason to believe that Little hated Mr. Brockington. In 2009, Little had threatened to "get him" after the maintenance supervisor changed his working schedule. As a result of that adjustment, Little had to give up a second job at the federal court house in Greenbelt, Maryland. More recently, Brockington had given the 50-year-old suspect a negative performance evaluation that kept him from receiving an annual pay raise.

     DNA analysts at the Montgomery County Crime Laboratory determined there was not enough trace evidence on one of the gloves to declare the presence of blood. A second analysis by a private firm, Bode Technology, found no evidence of blood either, but did find evidence after applying a serology test that can detect more diluted traces. According to these results, the glove contained DNA from the victim, the suspect, and an unidentified person.

     Charged with first-degree murder, Little went on trial on December 2, 2011 at the Montgomery Court House in Rockville, Maryland. His attorney, Assistant Public Defender Ronald Gottlieb, in his opening statement to the jury, pointed out that the police found no traces of blood in the defendant's home, car, or work locker. As for the motive behind the murder, Gottlieb asserted that several former maintenance employees could have been angry with the victim. At this point the prosecution had a stronger case than the defense.

     On December 6, 2011, Montgomery County Circuit Judge Marielsa Bernard ruled that the prosecution could not introduce the results of the DNA test linking defendant Little to the glove that supposedly contained traces of the victim's blood. The judge felt the disparity of lab results rendered this evidence unreliable.

      Judge  Bernard also prohibited the prosecution from making any mention of Little's previous trial in which he was found not guilty of killing his maintenance boss in Washington, D.C. This information, according to the judge, was too prejudicial to the defendant's current case.

     The Montgomery County prosecutor, notwithstanding the procedural setbacks, went ahead with the case. On February 13, 2012, the jury found Keith Little guilty of first-degree murder. The judge sentenced him to life in prison without the possibility of parole. 

Documenting Physical Evidence

     One of the cornerstones of professional scientific practice is the documentation and recording of experimental results in order that they can be subject to both reproduction and scrutiny by peers. The concept of reproducibility ensures that the given hypothesis carries weight and is not just a random finding, while at the same time allowing others to attempt to replicate findings, further adding to the credibility of the theory….Forensic science…has a burden to ensure the reliability and validity of its results, not just in theory, but also in practice.

     Documentation of the location of material evidence itself is usually required in the form of tracking its whereabouts at any given time in order to satisfy that the chain of custody has not been broken and that the evidence has been legitimately transferred between parties without alteration or amendment in such a way that the opportunity for alteration or tampering, whether intentional or not, has been minimized. A large part of the successful defense argument during the O. J. Simpson trial rested on the fact that there was extremely poor handling and documentation of the physical evidence that raised serious doubts as to its integrity.

     However, chain of custody requirements, which detail the physical location of evidence during its progression through all phases of collection, analysis, and storage, are still insufficient by themselves in documenting the results of forensic inquires. Like any good scientist, forensic examiners are required to detail, in addition to the physical condition of evidence given to them, exactly what they did with the evidence, and why the results of such inquiries have led to the conclusions they did. Documentation of the analysis of forensic samples allows the expert's data and method to be subject to, and subsequently withstand, rigorous examination,.

C. Michael Bowers, Forensic Testimony, 2013

Paragraph Length

     The length of your paragraph has a big influence on voice. As with sentences, you want to vary the length of your paragraphs to prevent a sense of stagnation or predictability. But beyond that, you can manipulate the feel of your voice by leaning toward long, winding paragraphs or short, snappy ones or somewhere in between.

     Generally a new paragraph signals a shift in thought, either major or minor, or a jump in time or space. But there is a lot of room for interpretation on when you want to make these paragraph shifts. Some writers may cram a bunch of thought shifts into a single paragraph while other writers may separate each thought in a new paragraph. Similarly, you could move freely through time and space in a single paragraph or use a new one for each shift.

Hardy Griffin in Writing Fiction, Alexander Steele, editor, 2003