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Tuesday, March 21, 2023

Killing Home Invaders: The Byron Smith Murder Case

     On November 21, 2012, the day before Thanksgiving, a resident in a neighborhood in Little Falls Township south of Little Falls, Minnesota phoned the Morrison County Sheriff's Office to report a suspicious car parked at the foot of his driveway. To the officers who rolled up to the red Mitsubishi Eclipse, the lone occupant of the vehicle, 17-year-old Nicholas Brady, said that he and his 18-year-old cousin, Haile Kifer, had been riding around when they ran out of gas. He was a junior at Pillager High School in Little Falls and Haile was a year ahead of him. She had left the vehicle to find a gas station. One of the deputies gave Brady, a nice-looking kid interested in wrestling and the martial art of Taekwondo, a ride home. His cousin Haile, a high school gymnast, diver, cross country runner and softball player, had nothing in her background that would arouse a police officer's suspicion.

     Byron Smith, a 64-year-old retiree, lived in a modest, township home located a few miles north of Little Falls. In recent months Mr. Smith had been plagued by a series of home burglaries believed to have been committed by teenagers looking for drugs, money and guns. In October 2012, burglars had broken into his house and stolen weapons and other items. The fact Byron Smith had been a physical security expert who specialized in preventing criminal intrusion into government buildings added to to his frustration and anger over being a repeat burglary victim. 
     In 2007, Byron Smith, after serving overseas in places like Bangkok, Thailand, Beijing, China and Cairo, Egypt, retired from the U.S. State Department. He had been one of a handful of highly trained security engineers responsible for making embassies and consulates difficult for terrorists and spies to physically penetrate. An expert on anti-intrusion building design, locks, access control, alarms, video surveillance, protective lighting and physical barriers, Smith had overseen the construction and renovation of these government facilities. 
     Byron Smith's job not only required technical knowledge and experience, it came with top security clearance. This meant he had been thoroughly investigated for mental illnesses, personality disorders and possible substance abuse. Moreover, he had to live a straight-arrow lifestyle to avoid the potential of blackmail. Mr. Smith was also familiar with handguns and assault rifles. It is not difficult to understand why this man had a particular dislike, if not hatred, for criminal intruders. 
     On Thanksgiving night, November 22, 2012, a day after the Morrison County Deputies checked out the suspicious Mitsubishi south of Little Falls, Byron Smith, while sitting in his basement heard the sound of breaking window glass. The sound of footsteps on the first floor told him that he had at least two burglars in his dwelling. The government retiree grabbed his Ruger Mini-14 assault rifle and waited. 
     Mr. Smith readied his rifle when he saw the feet of one of the burglars at the top of his basement stairs. When the intruder's torso come into view Mr. Smith fired twice, striking and killing Nicholas Brady. Mr. Smith dragged the 17-year-old's corpse into the basement and laid it out next to his workbench.  
     Not long after he had killed the high school student, another set of feet appeared on the stairway. As Haile Kifer descended into Smith's basement far enough for the homeowner to see up to her waist, he fired the Ruger. The girl collapsed and her body tumbled down the steps. She was still alive, and gasping for air. Byron Smith interpreted the sounds the wounded girl made as she struggled for air as laugher. He tried to shoot her again, but his rifle jammed. Mr. Smith dragged Haile deeper into his basement and laid her body next to her cousin Nicholas. After replacing his rifle with a handgun, Mr. Smith placed the muzzle under the girl's chin and pulled the trigger. 
     Instead of calling the police and reporting that he had shot and killed two intruders in his house, Byron Smith decided to spend the night with the dead bodies lying in his basement. The next morning he called a neighbor and asked if he could recommend a good attorney. The neighbor replied that he didn't know any lawyers. At this point Smith informed the neighbor that he had killed a couple of burglars the previous night. He asked the neighbor to call the authorities. 
     While homicide investigators were processing the death scene, deputies searched Haile Kifer's red Mitsubishi parked a few blocks from Mr. Smith's house. The officers identified the vehicle as the suspicious car they had checked on the day before. At that time they had also questioned Nicholas Brady, the boy who lay dead in Smith's basement. Inside the car searchers found six bottles of medicine that had been prescribed to a Little Falls Township man named Richard Johnson. They also recovered a jar of pennies and some foreign coins. 
     A Morrison County prosecutor, based upon Byron Smith's account of the shootings, charged him with two counts of second-degree murder. While under Minnesota law the occupant of a dwelling can legally use deadly force against an intruder, the homicide defense didn't apply if the burglar was killed after the threat had been neutralized. Byron Smith, when describing to the police what happened to Haile Kifer, said, "If you're trying to shoot somebody and they laugh at you, you go again." Mr. Smith characterized his follow-up shooting of the girl as a "good clean finishing shot under her chin up into the cranium." Neither of the teen intruders had been armed. 
     On Sunday, November 25, 2012, three days after the fatal shootings, 68-year-old Richard Johnson, upon returning to his Little Falls Township home after vacationing in Spain, found that it had been ransacked by intruders. The burglars had used a crowbar to smash a sliding glass door. The home invaders had stolen bottles of prescription medicine Mr. Johnson took to treat diabetes and high cholesterol. The burglars had also taken a collection of foreign coins and some pennies. The police had recovered these items three days earlier from Haile Kifer's red Mitsubishi. Investigators figured that Brady and Kifer had burglarized Mr. Johnson's home on the day before Thanksgiving about the time one of Johnson's neighbors reported the suspicious car. 
     Byron Smith was held in the Morrison County Jail on $2 million bond. 
     It seemed that Nicholas Brady and Haile Kifer had been breaking into older people's homes looking for drugs, money and guns. House burglary is a dangerous business and it had gotten these youngsters killed. They were smart kids and should have known better. As for the man who shot them, his life, at least as he knew it, was over. Byron Smith should have known that the way he killed the 18-year-old girl, burglar or not, was murder. You can shoot home invaders, but the law won't let you execute them.

     On April 29, 2014, after three hours of deliberation, the jury found Byron Smith guilty of two counts of second-degree murder. The judge sentenced him to life in prison without the possibility of parole.

Monday, March 20, 2023

The Lonnie Kocontes Cruise Ship Murder Case

     In 1991, Orange County, California attorney Lonnie Kocontes and Micki Kanesaki, a paralegal working in the same law firm, met and began dating. They married in 1995, and in 2002 were divorced. After the break-up they continued to live together in their jointly owned Mission Viejo house.

     On May 21, 2006, the couple, in an effort to rekindle their relationship, boarded the cruise ship Island Escape in Spain bound for Italy. Five days later Kocontes reported his ex-wife missing. He said he had awakened on the morning of May 26 to find his ex-spouse gone from the cabin.

     The next day, Kanesaki's body washed up on the Mediterranean shore near the town of Calabria in southwest Italy. The Italian police boarded the Island Escape to question Kocontes and members of the crew. According to the dead woman's ex-husband, the 52-year-old had left their cabin at one in the morning on May 26 for a cup of tea. She never returned. Kocontes told the officers that Kanesaki had been threatening to commit suicide.

     Not long after Kanesaki's death at sea, Kocontes, in speaking to a reporter with the Los Angeles Times, said, "I was committed to this woman. I loved her with all my heart. I wish I never had gone on the cruise."

     Micki Kanesaki's death was not investigated until Kocontes, in 2008, began transferring more than $1 million from the dead woman's bank accounts into joint accounts he held with his new wife. FBI agents and Orange County detectives came to believe that the lawyer had strangled Kanesaki to death on the ship then threw her body into the Mediterranean. Investigators believed the victim had been murdered somewhere between Sicily and Naples. The authorities also suspected that Kocontes had planned the murder in Orange County, California before the cruise and was motivated by money.

     On February 15, 2013, Federal Marshals arrested Lonnie Kocontes at his home in Safety Harbor, Florida. He stood charged in Orange County, California with one count of special circumstances murder for financial gain. The suspect awaited his extradition in the Pasco County Jail where he was held without bond. The minimum sentence the 55-year-old could face was life without the possibility of parole. Because he was accused of murdering someone for money, Kocontes was eligible for the death sentence.

     Shortly after Kocontes was extradited back to California, his third wife provided information to Orange County investigators that incriminated him in Kanesaki's death. In May 2015, two of Kocontes' fellow inmates at the Orange County Jail told his lawyer that Kocontes had asked them to murder his third wife. Before killing the murder-for-hire target, the hit men were supposed to make her sign a letter that accused the police of forcing her to lie about his involvement in Kanesaki's death. The defense attorney turned this information over to the local authorities who charged Kocontes with solicitation of murder and several lesser offenses.

     In December 2018, the judge presiding over the Kocontes murder trial declared a mistrial after testimony revealed that some of Kocontes' taped jailhouse conversations violated the lawyer-client privilege. 
     Lonnie Kocontes, in June 2020, was retried for the 2006 cruise ship murder of his wife. The jury found him guilty as charged. Three months later, the judge sentenced the 62-year-old to life without the possibility of parole.

Sunday, March 19, 2023

The Hair Salon Mass Murder-Suicide Case

     Radcliffe F. Haughton, a 45-year-old former Marine who lived in Brown Deer, Wisconsin outside of Milwaukee, was estranged from his wife Zina. He resided with their 13-year-old daughter. Zina Haughton and her 20-year-old daughter from another marriage worked as hair dressers at the Azana Salon and Spa in Brookfield, Wisconsin eleven miles west of downtown Milwaukee.

     Radcliffe Haughton had moved to the Milwaukee area ten years ago from Cook County, Illinois where he had grown up in the Chicago suburban communities of Northbrook and Wheeling. When he departed Illinois he left behind a history of arrests for disorderly conduct and domestic violence. In Brown Deer he became known to the local police who arrested him several times for similar offenses.

     In January 2011, neighbors called the police when they saw Haughton throwing clothing out a window then pouring tomato juice on his wife's car. Officers came to the house and saw him through a window holding a rifle. They ordered him out of the house but he refused. After a 90-minute standoff the officers left the scene without taking him into custody. Zina Haughton said she didn't want her husband taken into custody. He was later charged with disorderly conduct, but the charges were dropped after he agreed to anger management counseling.

     On October 2, 2012, police officers were called to a gas station in Brown Deer by a witness who saw Zina Haughton barefoot and badly bruised in the face. Zina told the police she had been assaulted by her husband who had threatened to kill her. Still, she did not want him arrested. Officers went to the house where they spotted Radcliffe through a window. When he refused to come out of the dwelling the police departed.

     Two days later, when Zina Haughton approached her car in the hair salon parking lot she discovered that someone had slashed her tires. The next day police officers arrested Radcliffe and charged him with disorderly conduct and destruction of property. That day, Zina acquired a temporary restraining order against him. The 42-year-old embattled wife also petitioned the court for a permanent protection decree. In her request for a permanent injunction, Zina said that Radcliffe was convinced she was cheating on him. In a jealous rage he had threatened to kill her by setting her on fire. He had also promised to kill her if she reported his threats to the police. She said she feared for her life. On October 18, 2012, the judge issued an order requiring Radcliffe Haughton to avoid contact with his wife for a period of four years. 

     On Sunday morning, October 21, 2012, Radcliffe Haughton pulled up to the two-story, 9,000-square-foot building that housed the Azana Salon and Spa. He alighted from the taxi cab at 11:09 and walked into the salon armed with a .40-caliber semi-automatic handgun. Once inside, he opened fire on the helpless occupants. Mr. Haughton shot seven women inside the salon, killing his wife and two other women identified as Cary L. Robuck, 35 of Racine, and 38-year-old Maelyn M. Lind from Oconomowoc, Wisconsin.

     Amid the chaos of women fleeing for their lives as Haughton walked around the salon firing and reloading his pistol, he set a small fire in the building.

     When police officers and SWAT units rolled up to the scene women were running out of the smoking salon. Haughton escaped out a back door but when he came around a corner of the building he saw the police and re-entered the salon.

     The four women Haughton had shot but didn't kill, made it out of the building and were rushed to the Froedtert Hospital in Wauwatosa. (All of these victims survived their wounds.)

     At four in the afternoon of the deadly rampage, the police, during the course of a search of the building found the shooter. Radcliffe Haughton had locked himself in a room, and with the pistol he had used on his victims, shot himself in the head.

     As is often the case in murder-suicides, some of the people who knew Radcliffe Haughton told reporters that he was a nice and friendly guy. They were shocked that he could do such a thing. These people were probably mere acquaintances who really didn't know him.

Saturday, March 18, 2023

The Angela Nolen Murder Solicitation Case

     In 1995, 30-year-old Angela Nolen married 46-year-old Paul "Jay" Strickler. She taught kindergarten at the Sontag Elementary School in the western Virginia town of Rocky Mount. He worked as an administrator in the Franklin County School System's central office. In 2002, the couple adopted a baby girl.

     After 17 years of marriage, Angela Nolen, in October 2012, asked a Franklin County Juvenile and Domestic Relations judge for an order of protection against her estranged husband. Nolen, in asking for the protection order, accused Strickler of physically abusing her and their 9-year-old daughter. The judge, believing that Nolen had "...proven the allegation of family abuse by a preponderance of the evidence" (a civil standard of proof less rigorous than proof beyond a reasonable doubt), granted Angela Nolen's request. Pursuant to the protection order, Mr. Strickler could not have any interaction with his estranged wife and could only contact their daughter by phone for five minutes three times a week.

     Two months after the issuance of the domestic protection order, Angela Nolen and Jay Strickler were divorced. The judge granted her full custody of the child, and he agreed to sell her his share of the house. Not long after that, Angela Nolen decided to have her ex-husband killed.

     Early in February 2013, the kindergarten teacher and her friend, Cathy Warren Bennett, the nurse at the Sontag Elementary School, began plotting Jay Strickler's murder. Like most aspiring murder-for-hire masterminds, these middle-class women didn't have a clue where to acquire the services of a hit-man. Cathy Bennett, on Nolen's behalf, reached out to a man she hoped would do the deed. In furtherance of the deadly plot, the 37-year-old school nurse handed the candidate for the contract killing a sheet of paper containing information about the target of the homicide.

     As is often the case, the man Cathy Bennett approached to commit the murder for money went directly to the police. As a result, on the night of February 19, 2013, the man who accepted Angel Nolen's advance payment of $4,000 for the hit was an undercover police officer. According to the audio-taped murder-for-hire conversation between the undercover cop and the mastermind, the hit-man would receive another four grand when he completed his mission.

     Police officers arrested Angela Nolen on the morning after she met with the man she thought was going to kill Jay Strickler. Charged with solicitation to commit murder, the authorities incarcerated Nolen at the Western Virginia Regional Jail. She was held without bail. If convicted as charged, Angela Nolen faced a maximum sentence of forty years behind bars.

     The Franklin County prosecutor charged Cathy Bennett, Nolen's intermediary, with conspiracy to solicit murder. A judge set her bail at $60,000.

     Both employees of the Sontag Elementary School were suspended without pay. Strickler, the 63-year-old target of Angela Nolen's alleged murder plot, had recently retired from the school system. In speaking to a reporter with the Roanoke Times, Strickler said that his ex-wife had wanted him dead so she wouldn't have to pay for her share of the house. "That scares the hell out of me," he said. "I am just so glad the state police found out about this [plot]. I'm afraid for my life. I still feel that way. If someone knocks on my door, I won't answer it. I'll call 911. I'm extremely sad and I'm extremely worried."

     On June 26, 2013, Angela Nolen pleaded guilty to solicitation to commit murder.

     On December 23, 2013, the Franklin County judge sentenced Angela Nolen to five years. However, pursuant to the plea bargain, the murder-for-hire mastermind would only have to spent 18 months of that sentence in prison.
     The judge, pursuant to Cathy Warren Bennett's guilty plea, sentenced her to 18 months behind bars.

     Murder-for-hire cases are not shocking because people hire hit-men. The surprising part often involves who these masterminds are. When we think of kindergarten teachers and school nurses, murder-for-hire doesn't spring to mind. Perhaps it's reasonable to assume that a desperate Angela Nolen felt she had run out of options. But the school nurse, what was she thinking?

     It's a shame that someone didn't convince this amateur homicide plotter that murder-for-hire was not an appropriate remedy for her problem. Aside from the morality issue, amateur masterminds are always caught and convicted. Moreover, in cases where the target is actually murdered, they get the longest prison sentences. Judges and juries usually hate the murder-for-hire mastermind more than they do the hit-man. As it turned out, the mastermind in this murder solicitation case got off light.
      

Friday, March 17, 2023

Gun, Badge and Mental Illness: A Dangerous Mix

     A frustrated cop with a short fuse and a gun can be dangerous. Being threatened at gun-point by an out-of-control police officer isn't any less frightening than being mugged by an armed robber. It may even be worse because if you're killed by a cop, people will assume you were doing something wrong. If you're not killed, and complain, who's going to take your word over a police officer's? That's when it's helpful to have credible witnesses, and better yet, surveillance camera footage.

     Eighteen-year-old Ryan Mash, on April 9, 2013, was in his pickup truck with two friends at a McDonald's in Forsyth County, Georgia. As he waited at the take-out window for his order, Scott Biumi, a sergeant with the Dekalb County Police Department, got out of the vehicle idling behind the pickup. Biumi approached the truck and stationed himself between Mash and the McDonald's service window. The young men in the truck noticed a police badge attached to the belt of the angry McDonald's customer who was yelling at Ryan Mash.

     "Stop holding up the drive-thru," the officer screamed. As the stunned young men tried to comprehend what was happening, a berserk Biumi continued to chew-out Mash. At one point in the tirade, he said, "You never know who you're dealing with."

     "No sir, I don't," Mash replied.

     "Keep your mouth shut!" Buimi warned.

     "I'm sorry for the inconvenience," Mash replied.

     The 48-year-old officer returned to his vehicle, but before the McDonald's food came out of the window, Buimi returned to the driver's side of the pickup. This time the officer pulled his gun and pointed it at the terrified driver. "You don't want to mess with me!" Biumi shouted. After dishing out another thirty seconds of verbal abuse, the gun-wielding cop returned to his vehicle.

     Before pulling out of McDonald's (on this day not a happy place), one of Mash's passengers jotted down the license number to the gunman's car. The entire confrontation was also recorded by a McDonald's surveillance camera.

     Later in the day of the McDonald's drive-thru blowup, deputies with the Forsyth County Sheriff's Office took officer Biumi into custody on the charge of aggravated assault. The following day, the Dekalb County police officer was released from jail on a $22,000 bond.

     Sergeant Biumi was placed on administrative leave with pay. The incident, in addition to an investigation by the Dekalb County Internal Affairs Office, was looked into by the Georgia Peace Officer Standards and Training Council.

     The  Georgia Peace Officer Standards and Training Council suspended Biumi's law enforcement certification which denied him employment as a police officer in the state. In December 2013, after Biumi's guilty plea, a judge sentenced the ex-cop to ten years probation.

     In March 2014, a year after officer Biumi's meltdown in the McDonald's drive-through, an Atlanta television station aired an update on the case. According to the piece, officer Biumi had struggled with mental illness, serious depression, post-traumatic stress disorder and anxiety for 25 years while he was on the force. During this time he also had suicidal tendencies.

     Buimi's McDonald's incident victim, Ryan Mash, told the TV reporter that, "I was terrified. The second I saw the gun I blacked out. If it had been me that pulled a gun on somebody, I would be in jail right now.

     To the reporter, Mark Bullman, Mash's attorney, sarcastically asked, "Someone who disassociates himself from reality is a person you give a gun to and expect to enforce the law? I believe the county bears a significant responsibility."

Thursday, March 16, 2023

The J. Everett Dutschke Ricin Poison Case

     Ricin is a naturally occurring protein found in the caster oil plant. The pulp from just eight caster beans can kill an adult. As little as 500 micrograms of the poison, an amount that would fit on the head of a pin, can be fatal. Delivered through the air, injected or swallowed, ricin is 6,000 times more toxic than cyanide. There is no antidote for this poison.

     In 1978, an assassin used ricin to kill Georgi Markov, the Bulgarian writer, dissident and defector. The killer used the tip of an umbrella to deliver the ricin as Markov waited for a bus in London. The victim died four days after being pricked by the deadly umbrella.

     Ricin was used as a warfare agent in Iraq during the 1980s. In 2004, someone sent a ricin-laced letter to U. S. Senator Bill Frists. The letter was intercepted at a mail sorting facility outside of Washington, D. C. The sender was never identified.

     On April 16, 2013, the day after the Boston Marathon Bombings, postal workers at a mail-handling facility outside of Washington discovered a suspicious letter addressed to U.S. Senator Roger Wicker. The letter to the senator from Mississippi turned out to be laced with ricin. Dated April 8, 2013 and postmarked Memphis, Tennessee, the envelope did not include a return address.

     A second ricin letter, one addressed to President Obama, was also intercepted at an off-site D.C. area mail-handling center. Both letters were signed, "I am K.C. and I approve of this message."

     FBI agents, on April 17, 2013, arrested a 45-year-old man from Corinth, Mississippi on federal charges related to the two ricin mailings. The suspect, Paul Kevin Curtis, had used the phrase "I am K. C. and I approve of this message" on his Facebook page. Curtis had a history of mental illness and a handful of misdemeanor arrests. When he wasn't posting online political rants, Curtis worked as an impersonator of celebrities such as Elvis Presley, Johnny Cash, Bon Jovi and Prince.

     On April 23, 2013, after searches of the suspect's home, vehicle and computer failed to provide incriminating evidence, the charges against Curtis were dropped. A federal judge ordered his release from jail. Following his release from custody, the father of four told reporters that he had been framed by J. Everett Dutschke, a long-time personal enemy from Tupelo, Mississippi.

     According to media reports, Mr. Dutschke was awaiting trial on a child molestation charge. In 2007 he ran for a seat in the Mississippi state legislature. In that race he lost to the incumbent. FBI agents searched Dutschke's house for evidence linking him to the case.

     A third ricin letter, one that linked Paul Kevin Curtis and Everett Dutschke to the case, actually reached its intended target. The receiver of this piece of mailed poison was an 80-year-old Mississippi judge. In 2004, Judge Sadie Holland presided over an assault case that sent Curtis to jail for six months. Judge Holland was linked to Mr. Dutschke through a long-running political feud between their families.

     After opening the threatening letter, Judge Holland called the Lee County Sheriff's Office. The judge was not poisoned by the letter.

     FBI agents, on April 27, 2013, arrested Everett Dutschke in connection with the ricin poison cases. In May 2014, following his guilty plea, U.S. District Court Judge Sharion Aycock in Aberdeen, Mississippi, sentenced J. Everett Dutschke  to 25 years in prison followed by five years of supervised release.

Wednesday, March 15, 2023

The Narcy Novack Murder-For-Hire Case

     In Fort Lauderdale, Florida, on April 6, 2009, a neighbor discovered the body of 86-year-old Bernice Novack in the laundry room of her house. Lying in a pool of blood, the widow of Ben Novack Sr., the man who owned the Fontainebleau Hotel in Miami Beach, had a cracked skull, a broken front tooth and a fractured finger. Notwithstanding blood droplets throughout the dwelling, the Broward County Medical Examiner ruled her manner of death as accidental. Fort Lauderdale detectives concluded that the elderly woman had slipped and fell to her death.

      Three months after Bernice Novack's "accident," her son, Ben Novack, Jr., the heir to the family fortune, was found bludgeoned to death in a Rye Brook, New York hotel room. This death was not an accident. The victim's wife, Narcy Novack, a 52-year-old former Hialeah, Florida stripper originally from Ecuador, told police she discovered her murdered husband when she returned to the Rye Town Hilton suite after having breakfast downstairs. Mr. Novack, a successful convention planner, was in the suburban New York City community managing an AmWay convention.

     The Novack marriage had been stormy. According to reports, Ben Novack enjoyed a variety of bizarre sexual fetishes and was having an affair with a porn actress who called herself Rebecca Bliss. 

     The FBI took charge of the investigation (murder-for-hire is a federal crime) and from the beginning suspected a contract killing orchestrated by Narcy Novack, the dead man's wife. One investigative lead led to another, and on February 2010, a pair of Miami hoods, Alejandro Garcia and Joel Gonzales confessed to being paid $15,000 to murder Bernice and Ben Novack. According to the hit men, Narcy Novack and her 58-year-old brother Cristobal Veliz, were the murder-for-hire masterminds. (The confessions caused the Broward County Medical Examiner to change the manner of death ruling for Bernice Novack from accidental to homicidal.)

     In April 2010, the assistant United States Attorney for the southern district of New York charged Narcy Novack and Cristobal Veliz with racketeering, money laundering and two counts of first-degree murder. Under the federal statute, if convicted of murder for hire, the brother and sister defendants faced mandatory life sentences. Prosecutor Andrew Dember believed Narcy, fearing that her husband was going to leave her for the porn actress, instigated the double murder in order to inherit the estate.

     The Novack/Veliz trial commenced in White Plains, New York on April 23, 2012. While cell phone records implicated both defendants along with other pieces of circumstantial evidence, the heart of the government's case consisted of the testimony of the two hit men who had agreed to plead guilty and cooperate with the prosecution.

     According to the cold-blooded killers, Narcy Novack told them that her husband was a pedophile who engaged in weird sexual acts. At 7 o'clock on the morning of her husband's murder, Narcy let Garcia and Gonzales into the fourth floor suite as Mr. Novack slept. The executioners began beating the victim with hand-held dumbbells. At one point during the 17-minute beating, Narcy handed the hit men a pillow to stifle the dying man's screams.

     After Garcia and Gonzales cleaned-up in the dead man's bathroom, they left the hotel. (Gonzales had broken his sunglasses in the attack and had left pieces in the room. Contract killers almost always leave incriminating evidence behind.) After the hit men exited the scene Narcy Novack went to the convention site to have breakfast. She returned to the suite at 7:45 AM, "discovered" her husband's blood-soaked body and called 911. (The hit men also told the jury how they had murdered Mrs. Novack in Fort Lauderdale.)

     On June 8, 2012, the prosecution rested its case. Defense attorney Howard Tanner did his best to discredit Gonzales and Garcia as a couple of mobsters who would say anything to get lighter sentences for the murders of Ben Novack and his mother. He also tried to cast suspicion on Narcy Novack's 36-year-old daughter May Abad who, upon her mother's conviction, would inherit the family fortune. In describing the prosecution's case, attorney Tanner called it "flimsy and weak."

     The murder-for-hire case went to the jury on Monday, June 18, 2012. Two days later the jury found Narcy Novack and Cristobal Veliz guilty of orchestrating the killings. By law, both would spend the rest of their lives in prison. 

Tuesday, March 14, 2023

The Jaren Lockhart Murder Case

     Jaren Lockhart lived with her fiancee at the Capri Motel in New Orleans and worked as an exotic dancer at the Temptations Strip Club in the French Quarter. She had a 3-year-old daughter but did not have custody of the child. On Tuesday night, June 5, 2012, the 23-year-old showed up for her shift at the Bourbon Street club and worked until the early morning hours of the next day. When she didn't return to the Capri on Wednesday, her fiancee reported her missing to the New Orleans police.

     Late in the afternoon of Thursday, June 7, workers pumping sand onto the beach at Bay St. Louis, Mississippi, discovered a female torso that had washed up from the Gulf of Mexico. Early Saturday, June 9, 2012, a fisherman on the beach at Pass Christian came across the lower portion of a human leg. Later that day, searchers in Long Beach, Mississippi found a female head that had washed ashore.

     The body parts had come from Jaren Lockhart who had been stabbed in the chest, her presumed cause of death. Investigators with the Hancock County, Mississippi Sheriff's Office didn't know where the victim had been murdered, or exactly when. Moreover, detectives didn't have a murder weapon, a motive or any suspects. The Capri Motel, Lockhart's $50-a-day residence, mainly housed gulf oil workers and French Quarter bar employees. Detectives wondered if she had been murdered by someone living at the motel.

     A review of the Temptations Strip Club's surveillance tapes showed Lockhart, on the night of June 5, 2012, walking along Bourbon Street and into the club accompanied by two people identified as 28-year-old Margaret Sanchez and Sanchez's boyfriend, Terry Speaks, 39. The couple, who appeared to be acquainted with Lockhart, resided in Kenner, Louisiana.

     Investigators, in checking out Speaks, learned that he was a federal fugitive for failing to register as a sex offender in connection with a 2003 case involving a 14-year-old girl in North Carolina. Speaks also had convictions for assault and domestic violence. Because Speaks and Sanchez were now prime suspects in Lockhart's murder, the FBI stepped up its investigation to find and arrest Speaks on the federal, North Carolina sex offender registration warrant.

     On June 12, 2012, police in Tangipahoa Parish, Louisiana, pulled Speaks and Sanchez over in a routine traffic stop. He had dyed his hair orange and she had colored her hair blue. Speaks jumped out of the car, scaled a fence and ran into the woods. Police caught the fugitive and turned him over to the FBI. The police took Sanchez into custody for harboring a sex offender. Speaks was extradited to North Carolina where he was held on $1 million bond. Sanchez was held on $35,000 bail.

     A few months after his arrest, the authorities extradited Speaks back to Louisiana to stand trial for Jaren Lockhart's murder. Sanchez was also charged with murder in the Lockhart case. Investigators believed the suspects had killed Lockhart in Louisiana, then dumped her remains in Mississippi.

     In June 2015, a jury in a Jefferson Parish court found Terry Speaks guilty of second-degree murder. The defendant had fired his attorneys before the trial and had represented himself. For the killing and dismemberment of Jaren Lockhart, Judge Stephen Grefer sentenced Speaks to life in prison.

     On June 20, 2016, Margaret Sanchez pleaded guilty to manslaughter and obstruction of justice in the Lockhart killing. Judge Grefer sentenced her to forty years in prison.

     Because Terry Speaks didn't confess, and Sanchez didn't go to trial, the motive behind the killing and dismemberment of Jaren Lockhart remained unknown.

Monday, March 13, 2023

Jessica Herrera's Vehicular Homicide Trials: When Is An Accident a Crime?

     All drivers occasionally speed, cross the center line, roll through stop signs, and get distracted. There is no such thing as perfection behind the wheel. No one wants to cause an accident, particularly one that results in injury or death. Whenever a driver's carelessness causes or contributes to a traffic accident that results in the death of another driver or passenger, a prosecutor has to decide if this act of negligence rises to the level of criminal homicide. Ordinary negligence that falls short of recklessness--the total disregard for the safety of others--is treated as a civil wrong rather than a criminal act. Vehicular homicide applies to motorists who are driving extremely fast, are drunk, high on drugs or fleeing from the police.

     On June 11, 2011, in Santa Barbara County, California, Christopher Martinez slowed down on Highway 246 east of the town of Lompoc to turn into a driveway that led back to a winery. The 28-year-old was showing up for his first day of work. As he slowed to negotiate the turn, Jessica Herrera, driving the car behind him, rear-ended his vehicle. The collision pushed Martinez's car into the opposite lane where it was struck broadside by a pickup truck carrying two people.

     Paramedics rushed Christopher Martinez to the Marian Regional Medical Center in Santa Maria with severe head trauma and a collapsed lung. He died the next day.

     A Santa Barbara County prosecutor charged the 22-year-old Herrera with misdemeanor vehicular manslaughter, a crime that carried a maximum sentence of one year in jail and a $1,000 fine. In May 2012, the Herrera trial jurors voted seven to five for conviction which caused the judge to declare a mistrial.

     Prosecutor Mark Smith decided to retry Herrera on the vehicular homicide charge. On February 8, 2013, the second trial got underway in the Santa Barbara County Court in Lompoc. In his opening remarks to the jury prosecutor Smith accused the defendant of driving too fast for conditions (65 mph in a 55 mph zone) and being inattentive.

     Herrera's attorney, Dillon Forsyth, argued that the crash that took Christopher Martinez's life was a tragic accident. To the jury he said, "There is no evidence a crime occurred. This is a circumstantial case. There is really no credible evidence that what occurred was anything but an accident. The fact is we simply don't know what happened." The defense attorney also pointed out that there were no signs that a driveway was coming up and that brake lights and turn signals on Martinez's car might not have been working.

     On February 13, 2013, after more than a day of deliberation, the jury reported to the judge that it was deadlocked eleven to one in favor of conviction. Another hung jury, another mistrial.

     It is surprising that so many jurors in these two trials had voted for conviction. Even assuming Jessica Herrera had been driving ten miles over the speed limit at the time of the accident she was not criminally responsible for Christopher Martinez's death.

     On February 28, 2013, at a hearing in the Santa Barbara County in Lompoc, Judge James F. Iwasko dismissed the Herrera case after prosecutor Mark Smith said the district attorney's office would not seek a third trial. To have gone forward with a third trial in this case would have amounted to prosecutorial misconduct.  

Sunday, March 12, 2023

The Arthur Douglas Harmon Murder-Suicide Case

     Arthur Douglas Harmon lived with his wife and grown son in a north Phoenix residential neighborhood. In April 2012, the 70-year-old sued a Scottsdale corporation that had hired him to refurbish office cubicles at two California call centers. Harmon was paid $30,000 of the $47,000 agreed-upon sum. The company, however, asked for the return of the $30,000 on the claim that Harmon had not performed the work. Mr. Harmon responded by suing the firm for breach of contract.

     On the morning of January 29, 2013, Arthur Harmon was present at a lawsuit settlement session before a mediator held at a law firm housed in three-story north Phoenix office complex. At ten-thirty, at the end of the mediation session, he pulled a handgun and shot Steven Singer, the 48-year-old CEO of the company he had sued. (Mr. Singer was pronounced dead at a local hospital.) Harmon also shot Singer's lawyer, 43-year-old Mark P. Hummels and a woman in the room named Nichole Hampton. (Both would survive their wounds.) Spent shell casings at the scene indicated that Harmon used two pistols in the attack.

     As the white-haired, 6-foot, 220 pound shooter, wearing a red shirt and blue jeans, fled the scene, he shot at a person who tried to follow him to take down the license number of his car. Harmon drove from the office complex in his white, 2013 Kia Optima.

     Later that afternoon, a SWAT unit rolled up to the Harmon residence located about five miles from the site of the mass shooting. Detectives were present to arrest Harmon and search his house. A SWAT officer using a megaphone called for the fugitive to come out of the dwelling. Harmon's son came to the door and informed the officers that his father was not home. The son refused to let the police enter the house without a search warrant. (I'm not sure they needed one.)

     As the search warrant was being issued by a judge, police officers waited outside the Harmon residence. Once issued, police officers searched the dwelling and removed several items from the house. A short time later, Mr. Harmon's cellphone was found in a front yard three miles from where he lived.

     On Thursday afternoon, on January 31, 2013, police is Mesa, Arizona spotted Harmon's white Kia parked in the lot of a Bass Pro store. Nearby they found him dead from a self-inflicted gunshot wound. People who knew this man described him as an unfriendly loner.

     The whole idea of a legal system is to resolve disputes without resorting to violence. But in a nation with what appears to be a growing population of angry malcontents, fewer people seem willing to play by the rules. When these unhappy people don't get what they want they kill people, and often themselves. As a result no place is safe and there is nothing the government can do to stop this form of violence.