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Tuesday, September 10, 2024

Thomas J. Byrnes: The Father of the Third Degree

     The history of American criminal investigation does not begin with thinking detectives inspired by the fictitious Sherlock Holmes, but with a police detective who achieved fame and success by acquiring confessions through rubber hose brutality referred to as the "third degree." Although Thomas J. Byrnes is not as familiar today as the nineteenth century private investigator, Allan Pinkerton, it was Byrnes who set the stage for decades of institutionalized police brutality in the United States. It was Byrnes who practiced interrogation techniques that decades later produced the U. S. Supreme Court's Miranda decision. (Miranda v. Arizona, 1966)

     A Civil War veteran living in New York City, Thomas Byrnes joined the police department in 1863. Following a brief stint as a patrolman, the smart and ambitious young man got promoted into the newly formed detective bureau where he quickly made a name for himself. In 1880, two years after grabbing headlines for solving a $3 million Manhattan bank burglary, Byrnes, now a captain, took charge of the detective bureau made up of two sergeants and fourteen investigators. With thirty thousand professional thieves and 2,000 gambling dens, New York, one-third the size of London, had three times the crime. Businessmen in the Wall Street district overrun by sneak-thieves, forgers, pickpockets and burglars, turned to Byrnes for help. The police captain responded by putting out the word, through a network of paid informants and other law enforcement contacts, that any thief caught south of his infamous Dead Line would be sent to Blackwell's Island for a severe beating; a threat Byrnes carried out with precision and joy until the thieves, having received the message, stayed out of the financial district. The tycoons of Wall Street showed their gratitude by making Captain Byrnes one of the wealthiest police detectives in history. 

     Byrnes, as much a businessman as police detective, found other sources of income. During his tenure as Captain of Detectives he followed the standard policing practice of ignoring, for a price, the city's gambling establishments, brothels and opium dens. One the New York's most notorious madams paid $30,000 a year in police bribes.

     As an investigator Thomas Byrnes, in addition to employing a stable of paid, confidential informants, would let lesser criminals off the hook in return for evidence against the bigger fish. He taught his detectives how to identify criminals, particularly safe-crackers and other signature offenders, through their individualistic crime scene techniques--their so-called methods-of-operation or M.O. The use of informants, criminal intelligence and M.O. were tactics pioneered by Allan Pinkerton, the only investigator in the country more famous than Captain Byrnes.

     It is not surprising that Byrnes, as an ambitious, publicity-seeking detective working in an era before judicial restraints on police behavior, adapted as his principal investigative technique the coerced confession. From a brutally pragmatic point of view the beauty of the third degree was that it was not necessary in the acquisition of a confession to be interrogating the guilty party. By being the first to publicize the fact he would do whatever it took to get a confession, Byrnes established police brutality as a standard operating procedure, making himself the unofficial father of the third degree. For the next fifty some years, until the U. S. Supreme Court in1936 specifically excluded confessions extracted from physically abused prisoners, the third degree became the staple of criminal investigation in America. While Brown v. Mississippi didn't end police brutality, it marked the start of a new era in criminal investigation. However, Byrnes' ghost would inhabit, in varying degrees, interrogation rooms across the country throughout the Twentieth Century.

     Although he worked in the era before the advent of crime statistics--annual crime rates, case clearance percentages and such--Byrnes used statistics, figures no less reliable that their modern counterparts, as indices of success. At one point in his career he claimed credit for 3,300 arrests leading to an accumulated ten thousand year prison sentence. There was no telling what percentage of the men he put behind bars were innocent of the crimes charged. Aware that the investigative reputation of Scotland Yard exceeded that of his own department, Byrnes, in the wake of the 1888 serial killings of five prostitutes in East London, challenged Jack-the-Ripper to ply his trade in New York. When a gutted female corpse washed up on the New York side of the Hudson River shortly after Byrnes' bravado, there was serious concern that the ripper had taken up his challenge. As it turned out that murderer was not Jack-the-Ripper.

     Thomas Byrnes reached the peak of his fame in 1886 with the publication of a book, under his name, called Professional Criminals of America. The massive work contained the mug shots and detailed criminal histories of four-hundred of the city's most active house burglars, safe-crackers, pickpockets, check forgers and con artists. Reprinted for the first time in 1969, it is considered a classic work in the history of property crime in America.

     In 1892, a crusading Presbyterian minister in New York City named Dr. Charles H. Parkhurst launched a religious crusade to clean up vice in the city and to expose the police corruption that allowed it to exist. The crusade led to political hearings headed by a New York state senator named Lexow. In 1894, Byrnes, now a police superintendent, was called before the Lexow Committee to explain how he, a public servant, had become so wealthy. As a result of the highly publicized hearings the mayor resigned and a handful of patrolmen were indicted on charges of bribery. Byrnes, and several other police bigwigs were simply forced to resign.

     After leaving the force in 1895 the 54-year-old father of the third degree took a high paying job as general manager of an insurance company. The Lexow politicians, having enjoyed the limelight, left town, and the moment they did the corruption and vice returned.

     In America the ward and watch system of policing evolved into a better organized more efficient system of bribe giving and receiving. For the next sixty to seventy years American law enforcement would be plagued by corruption and brutality. In the late 1800s, D. J. Cook, the superintendent of the Rocky Mountain Detective Association who had been a sheriff and a deputy U.S. marshal, issued words of wisdom applicable to his time and a generation of future cops: "Never hit a prisoner over the head with your pistol because you may afterwards want to use your weapon and find it disabled."

     In 1910, the week before he died at age 69, Thomas Byrnes transferred to his wife a Fifth Avenue building worth a half-million dollars. Two years later the lawyer-writer Arthur Train, in his best-selling book, Courts and Criminals, described the status of criminal investigation some seventy years following the formation of the New York City Police Department: "The detective business swarms with men of doubtful honesty and morals who are accustomed to exaggeration if not to perjury, and who have neither the inclination nor the ability to do competent work."

Monday, September 9, 2024

Chaos, Violence, and Corruption in the Mississippi Prison System

      In 2019, conditions in Mississippi state prisons were among the worst in the country and had been that way for several years. Due to massive budget cuts and low pay and poor working conditions for correctional officers, the state's prisons were significantly understaffed. With 1,300 positions unfilled, there were empty guard towers. Sixty-five percent of guard personnel were women. Because security officers stared at $26,000 a year, a lot of men don't want the job.

     Many prison guards supplemented their incomes by smuggling drugs and other contraband into the prisons. Moreover, many of the security officers were abusive.

     In May 2019, cell phones smuggled into several of the state's prisons documented the horrific living conditions with photographs posted on social media. These images prompted a state inspection of the Mississippi State Penitentiary at Parchman that revealed cells without lights, pillows or even mattresses. The photographs also showed rats and open sewage.

     According to inmates at the Mississippi State Penitentiary at Parchman, the prison was run by gangs such as the Vice Lords and the Black Gangster Disciples. The gangs controlled everything including where prisoners slept, where they ate and how much food they received. Some inmates were actually starving to death.

     While politicians talked about the problems in their state's correctional system and blamed each other for it, all hell broke loose in three of Mississippi's correction facilities. Between December 29, 2019 and January 3, 2020 five inmates were killed in gang violence and riots.

     On January 4, 2020, amid the disturbances, two inmates escaped from the Mississippi State Penitentiary at Parchman, the site of two of the five inmate deaths. David May, 42 and Dillon Williams, 27 were discovered missing during an early morning emergency count. May was serving a life sentence for two aggravated assault convictions and Williams a 40 year sentence for aggravated assault committed during a residential burglary.

     On January 5, 2020 U.S. Marshals took escapee David May into custody. Shortly thereafter police officers captured Dillon Williams.

     Every prison in the state was in lockdown mode which meant inmates could not leave their cells. 
     In April 2022, following an extensive investigation, the U.S. Justice Department of Justice concluded that conditions at the Parchman prison had not improved. Among other problems, inmates were not receiving adequate health care, and were victims of numerous civil rights violations. 

Sunday, September 8, 2024

Did Pastor Richard Shahan Murder His Wife?

     In 2013 Richard Shahan, the 53-year-old associate pastor of the First Baptist Church in Birmingham, Alabama lived in Homewood, Alabama with his wife Karen. Reverend Shahan functioned as the church's children and family pastor and facilities director. Karen Shahan had a job at a nearby Hobby Lobby store. The couple lived in a rental house owned by the church.

     After graduating in 1985 from the Southwestern Baptist Theological Seminary in Fort Worth, Texas, Richard Shahan joined the staff at the First Baptist Church in Bryon, Texas where he was the Associate Pastor of Education and Family Development. From 1989 to 1999 he served at the Shades Mountain Baptist Church in Birmingham. In 2000 Shahan became Associate Paster in Education and Administration for the Hickory Grove Baptist Church in Charlotte, North Carolina where he worked seven years. From 2007 to 2009 he was employed by the Kimble Knight Ministries in Brentwood, Tennessee. From Brentwood in 2009 he and his wife moved back to Birmingham where he joined the First Baptist Church in that city.

     In 2003, while working in Charlotte, North Carolina, Richard Shahan formed his own company, an Internet-based curriculum provider called One Vine, Inc. In 2010, while living in Birmingham, Pastor Shahan and his wife filed for personal bankruptcy. According to court records the couple listed $443,500 in assets and $505,665 in debts. At the time they had a monthly income of $5,874 which did not include a $2,516 monthly housing allowance from the church.

     In September 2012 Pastor Shahan took a leave of absence from the First Baptist Church in Birmingham in order to travel to Kazakhstan where he acquired a visiting professor position at the Bible Institute in Almaty, Kazakhstan. He returned to Birmingham in May 2013.

     On July 23, 2013 Karen Louise Shahan's co-workers at Hobby Lobby became concerned when the 52-year-old pastor's wife didn't show up for work. Calls to her home went unanswered. At 11:15 that Tuesday morning police officers with the Homewood Police Department, pursuant to a welfare check, made a gruesome discovery. The officers found that someone had stabbed Karen Shahan to death in her bedroom. The victim's blood had been spilled throughout the dwelling. A crime scene investigator told reporters that this was the most brutal murder site he had ever witnessed.

     Pastor Richard Shahan was not home the morning police discovered the body of his repeatedly stabbed wife. Detectives believed that the victim was murdered Monday night or early the next day. There were no signs of forced entry and nothing from the house had been stolen. The victim had not been sexually assaulted. Suspicion immediately fell upon the husband. The fact he was a pastor meant nothing to homicide detectives who know there is no such thing as an unlikely murder suspect.

     Detectives on August 7, 2013 questioned Pastor Shahan at the Homewood police station. When asked to account for his whereabouts that Monday night and Tuesday morning he said he had been out of town visiting one of the couple's two sons.

     On August 8, 2013, the day after the station house interrogation, detectives took Shahan into custody "for investigative purposes." Under Alabama law a suspect can only be held for investigation 48 hours. If the arrestee is not charged with a crime he or she must be released.

     Following the suspect's 48 hours behind bars the authorities released him because the prosecutor didn't have enough evidence to level a homicide charge. Because he was a suspect in his wife's brutal murder, officials at the First Baptist Church placed pastor Shahan on paid administrative leave.

     A Jefferson County prosecutor, shortly after Pastor Shahan announced on December 16, 2013 that he would be leaving the United States to do three years of mission work in Germany, charged him with first-degree murder. On New Years Day, 2014 police officers in Nashville, Tennessee arrested the pastor as he was about to board a plane to Germany.

     Jim Roberson, chief of the Homewood Police Department told reporters that, "Once he [Shahan] got over to Germany or Russia the chances of extraditing him are pretty nil. We can't get Snowden [the NSA leaker], probably wouldn't get Shahan back either."

     On January 7, 2014 Richard Shahan, though his attorney said that he would waive his right to an extradition hearing. Less than a week later the authorities in Alabama booked the murder suspect into the Jefferson County Jail.

     The Shahan case prosecutor did not reveal what evidence the state had against the former pastor. Some of the unanswered questions in the case involved whether investigators had identified the murder weapon. Also, did physical evidence connect Mr. Shahan to the bloody murder scene; and did detectives break the suspect's alibi? It appeared the motive in the case was money.

     On October 23, 2014 a local grand jury indicted the former pastor for the murder of his wife. The suspect avoided jail by posting his $100,000 bond. He was, however, pursuant to the terms of his release, under house arrest at his mother's dwelling in Homewood, Tennessee.

     In March 2016 a Jefferson County judge postponed Richard Shahan's murder trial nine months to January 9, 2017. The judge did not reveal the reason for the delay. In murder cases delays often help the defense at the expense of the prosecution.

     The defendant's murder charge was dismissed on April 10, 2017 when the Alabama Attorney General's Office declared there was not enough evidence to prosecute the former Pastor.

      As of September 2024 no arrests have been made in the Shahan murder case.

Saturday, September 7, 2024

Officer James Peters: Scottsdale's Dirty Harry

     During the period November 2002 through February 2012, Scottsdale, Arizona police officer James Peters shot at seven people, killing six of them. From this, one might conclude that Scottsdale, the Phoenix area suburb of 220,000, was the site of daily shootouts between the police and a large population of violent criminals. But this wasn't the case. In 2011 the Scottsdale police only shot one person and it wasn't fatal. By comparison the police in Phoenix that year shot 16, killing 9.

     How could one member of a police department made up of 435 sworn officers shoot so many people in a relatively low crime city? After say, the third shooting incident, why wasn't this man psychologically evaluated and at the very least put behind a desk? Moreover, didn't the officer himself ask himself why he was the only guy on the force doing all of the shooting?

     On November 3, 2002 roughly two years after joining the police department, Peters, as a member of the SWAT team, responded to a domestic violence call at the home of a man named Albert Redford. Following a 4-hour standoff James Peters and two other SWAT officers fired seven shots at the suspect hitting him three times. Mr. Redford died a few hours later in the emergency room. As it turned out none of the fatal bullets had been fired from Peter's rifle. An investigation by the Maricopa County Sheriff's Office cleared all three officers of wrongdoing

     Officer Peters, on March 25, 2003, responded to a call regarding shotgun blasts coming from the home of a distraught, disbarred attorney named Brent Bradshaw. Three hours later Peters and his follow officers encountered the 47-year-old suspect wandering along the Arizona Canal carrying a shotgun. When Mr. Bradshaw refused to drop his weapon officer Peters killed him with a shot to the head. This shooting was declared justified.

     On October 10, 2005 Officer Peters shot and killed Mark Wesley Smith. High on methamphetamine, Smith was smashing car windows with a pipe outside an auto-body shop.  In justifying his use of deadly force in this case, Peters said the subject had threatened a fellow officer with the pipe.

     Brian Daniel Brown, 28, took a Safeway grocery store employee hostage on April 23, 2006 after he had hijacked a Krispy Kreme delivery truck. After killing the hostage taker the department awarded Officer Peters a medal of valor.

     Peters and Scottsdale officer Tom Myers were in Mesa, Arizona on August 30, 2006 hoping to question Kevin Hutchings, a suspect in an assault committed earlier that evening in Scottsdale. After Mr. Hutchings fired a shot from inside his house the officers had the power company cut off electricity to the dwelling. When the armed man came out of his house to investigate the power outage Peters shot him to death. The city, in this case ended up paying the Hutchings family an out of court settlement of $75,000. Even so, the department declared this shooting justified and Officer Peters kept his assignment as a street cop even though he had killed two people in one year.

     On February 17, 2010 Officer Peters and Detective Scott Gailbraith confronted 46-year-old Jimmy Hammack, a suspect in five Phoenix and Scottsdale bank robberies. When Hammack drove his pickup truck toward the detective Peters shot him. A few days later Hammack died in the hospital. This shooting, on the grounds the subject was using his vehicle as a deadly weapon, went into the books as justified.

The Killing of John Loxas

     John Loxas, 50, lived alone in a trash-littered house near Vista De Camino Park in Scottsdale. In 2010 police arrested him for displaying a handgun in public. On February 14, 2012 Peters and five other officers responded to a 911 call concerning Loxas who reportedly was threatening his neighbors with a firearm. To complicate matters Mr. Loxas, who regularly babysat his 9-month-old grandson, had the child in his arms while intimidating the neighbors.

     When James Peters and the other officers arrived at the scene Mr. Loxas and the baby were back inside the house. When ordered to exit the dwelling, Loxas, still holding the child, appeared in the doorway. As the subject turned to reenter the house and lowered the baby exposing his upper torso and head, Peters, thinking he saw a black object in Loxas' hand, shot him in the head from 18 feet. The subject, killed instantly by the bullet from Peter's rifle, collapsed to the ground still holding the baby. Fortunately, and perhaps miraculously, the infant was not injured.

     As it turned out, at the time Officer Peters killed Mr. Loxas the subject was not armed or within reach of a weapon. Police did find, in the dead man's living room, a loaded handgun hidden between the arm and cushion of a stuffed chair. Farther into the dwelling searchers discovered a shotgun, several "Airsoft"-type rifles and pistols and a "functional improvised explosive device."

     In explaining why he had shot Mr. Loxas, Officer Peters said he had been concerned for the safety of the baby. Peters was placed on paid administrative leave pending yet another police involved shooting investigation by the Maricopa County Sheriff's Office. Critics of the shooting, including some of Loxas' neighbors, protested the incident outside the police department.

     Except for the Safeway hostage case in April 2006, most police officers, faced with the choices presented to Officer Peters, probably would not have exercised deadly force. This didn't mean that Peters had committed criminal acts, or that his shootings were even  administratively unjustified. It just meant that most officers wouldn't have been so quick to pull the trigger. If it were otherwise, every year thousands rather than hundreds of people would die at the hands of the police.

     Because Mr. Loxas had been armed shortly before the police arrived at the scene, and Officer Peters thought the subject was holding a handgun when he shot him, this case was ruled a justifiable homicide. Whether or not, under the circumstances, the killing of Mr. Loxas was the right thing to do was another question altogether.
 
     On June 22, 2012 the Scottsdale police board for the Public Safety Retirement System approved Officer Peters' application for early retirement based on some unnamed disability. He received a pension of $4,500 a month for life. Not bad for 12 years of work. No wonder the country was going broke and people in the private sector resented the government.

     In September 2012 the American Civil Liberties Union of Arizona, on behalf of John Loxas' relatives, sued the city of Scottsdale. The Scottsdale City Council, in June 2013 approved a court settlement of $4.25 million. The Loxas family had originally sought $7.5 million in damages. The city of Scottsdale in this case was self-insured up to $2 million, a sum that would have to be paid by municipal taxpayers. Officer James Peters had been one costly cop. 

Friday, September 6, 2024

The Kyle Dube Murder Case

     On the night of May 12, 2013 in Glenburn, Maine, 15-year-old Nichole Cable left her parents' home to meet a friend down the road from her house. She was under the false belief that the message she had received on her Facebook page was from Bryan Butterfield. The high school sophomore did not return home. The morning following her disappearance Nichole's mother reported her missing to the police.

     At the request of investigators officials at Facebook traced the message ostensibly from Bryan Butterfield to a 20-year-old man named Kyle Dube who lived in his parents house in Orono, Maine. Detectives questioned Dube's girlfriend Sarah Mersinger who revealed that Dube had used the fake Facebook account to lure Nichole out of the house that night so that he could kidnap her.

     According to Kyle Dube's brother, the idea behind the abduction involved the kidnapper's plan to abduct the girl wearing a ski mask, then later play the hero by rescuing her. But something went wrong and the victim ended up dead. Dube's brother told detectives that Kyle had dumped the body in the woods near the community of Old Town, Maine. The brother said that Kyle's sexual advances toward the 15-year-old had been rejected. Dube's harebrained kidnapping plot and phony rescue scheme was motivated by his desire to have sex with the girl.

     Police officers from a dozen police agencies with the aid of cadaver dogs and hundreds of civilian volunteers searched the woods near Old Town for Nichole's body. In the evening of May 20, 2013 one of the searchers came across the corpse.

     The next day police officers arrested Kyle Dube on the charge of murder. In confessing to his interrogators Dube said he had used the phony Facebook account to lure Nichole out of her parents' house. As she walked down the road to meet her friend Byran Butterfield he hid in the woods wearing a ski mask. After ambushing the victim he covered her mouth with tape and put her in the back of his father's pickup truck. When he checked on Nichole after driving to a remote spot near Old Town he discovered that she had died from suffocation. He left her body in the forest covered in branches.

     On May 22, 2013 a Penobscot County grand jury indicted Kyle Dube on the charge of murder. He was held in the county lock-up without bail.

     A jury in March 2015 found Kyle Dube guilty of murder. Two months later the judge sentenced him to sixty years in prison.

Thursday, September 5, 2024

The Orlando Hall/Bruce Carnell Murder Case

      In September 1994, 23-year-old Orlando Hall ran a marijuana trafficking operation in Arkansas. That month he and 21-year-old Bruce Carnell drove to Arlington, Texas to confront a man Hall believed had stolen $5,000 from him. At the man's apartment Hall and Carnell encountered his16-year-old sister who was home alone. When Lisa Rene refused Hall and his accomplice entry they broke into the apartment and kidnapped her. In the car on their way back to Arkansas, Orlando Hall and Bruce Carnell raped Lisa Rene. At a hotel in Pine Bluff, Arkansas the men, over at two day period, continued to rape and torture her.

     From the hotel in Pine Bluff, Orlando Hall and Bruce Carnell drove the victim to a nearby park where they dug a grave, hit their victim with a shovel then buried her alive.

     Because the Lisa Rene kidnapping involved the crossing of the Texas/Arkansa state lines the case was handled as a federal kidnapping offense, a death penalty crime when the kidnapped person is harmed or killed.

     Following the kidnapping convictions of Hall and Carnell in1996 federal judges sentenced the men to death.

     In 2019, because Bruce Carnell had an I.Q. of 69, a federal judge reduced his sentence to life.

     On November 19, 2020, after the U.S. Supreme Court declined to intervene, Orlando Hall was executed by lethal injection at the federal prison in Terre Haute, Indiana.

Wednesday, September 4, 2024

Dr. Pamela Fish: The Disgraced DNA Expert

     In 1990 prosecutors in Cook County, Illinois charged John Willis with several counts of rape in connection with a series of sexual assaults committed in the late 1980s on Chicago's South Side. Willis, a petty thief and illiterate, denied raping the women even though several of the victims had picked him out of a lineup.

     The only physical evidence in the Willis case was a scrap of toilet paper containing traces of semen. Police took this evidence to the Chicago Police Lab where it was examined by Dr. Pamela Fish. Dr. Fish came to the lab in 1979 with bachelor's and master's degrees in biology from Loyola University. Ten years later, after taking courses at night, she earned a Ph.D in biology from Illinois Institute of Technology. According to her handwritten lab notes, Dr. Fish determined that the secretor of the semen had type A blood. John Willis had type B blood thereby excluding him as the rapist. Dr. Fish reported, however, in contradiction to her lab notes, that the semen on the tissue possessed type B blood. She testified to this at Willis' 1991 trial. The jury, in addition to believing in Dr. Fish, believed eleven prosecution rape victim/eyewitnesses that identified the defendant as the rapist. The jury found Willis guilty and the judge sentenced him to 100 years in prison.

     Eight years later a south Chicago rapist confessed to these sexual assaults after being linked to the crimes through DNA analysis. An appeals judge set aside the Willis conviction and he was set free. On the day of his release Dr. Fish, now the head of  biochemistry testing at the state crime lab, spoke at a DNA seminar for judges. (The Chicago Police Lab had been incorporated into the Illinois crime lab system in 1996.)

     The Willis reversal led to a 2001 review of Dr. Fish's cases by the renowned DNA expert from Berkeley, California, Dr. Edward Blake. Dr. Blake studied nine cases in which Dr. Fish had testified that her blood-typing tests had produced inconclusive results. Dr. Blake found that Dr. Fish's test results had actually exonerated the defendants involved and that she gave false testimony at those trials. Dr. Blake characterized Dr. Fish's work as "scientific fraud."

     In the summer of 2001 a state representative at a legislative hearing on prosecutorial misconduct suggested to the head of the Illinois State Police that Dr. Fish be transferred out of the crime lab into a position where she could do less harm. (In the public sector this is considered harsh employee discipline.) The police administrator ignored the recommendation.

     In 2002 three more Illinois men in prison for rape since 1987 were exonerated by DNA. Dr. Fish had testified for the prosecution in all three cases. Two years later, after the state paid John Willis a large settlement for his wrongful prosecution and incarceration, the state refused to renew Dr. Fish's employment contract. Rather than firing Dr. Fish the state simply refused to rehire her. 

     In 2006 Marlon Pendleton, two years after his release from an Illinois prison where he'd been wrongfully incarcerated thirteen years on a rape conviction, sued the Chicago Police Department and Dr. Fish. The plaintiff accused Chicago detectives Jack Stewart and Steven Barnes, of manufacturing a false line-up identification against him. (These cops were notorious for this kind of  behavior.) He accused Dr. Fish of perjury in connection with her DNA testimony at the trial, testimony that convinced the jury he had raped the victim. The Illinois Court of Claims awarded Pendleton $170,000 for his wrongful conviction. (In 2011 Mr. Pendleton was convicted of murdering his girlfriend in 2008. The judge sentenced him to 17 years in prison.)

     In 2017 Dr. Fish was employed as a biology teacher at Notre Dame College Prep in Niles, Illinois.

Tuesday, September 3, 2024

The Jason Hendrix "Good Boy" Murder Case

     Kevin Hendrix and his wife Sarah lived in a middle class neighborhood in Corbin, Kentucky with their 16-year-old son Jason and 12-year-old daughter Grace. Mr. Hendrix, a beekeeper, sold honey at a farmer's market in the small, southeastern Kentucky town. His wife, Dr. Sarah Hendrix, worked as a professor at Union College in nearby Barbourville.

     In December 2014 Jason was baptized at the Forward Community Church where he and his family were active members. The church, founded in 2012, held its services in a local movie theater. Besides being involved in church activities Jason Hendrix participated in his high school ROTC program.

     Late Wednesday afternoon February 11, 2015, two days after Jason's parents disciplined their son by taking away his computer privileges, the boy, in a most cold-blooded way, murdered his family.

     The 16-year-old shot his father twice in the head the moment he came home from work. The young killer ambushed his mother with two bullets to the face when she entered the kitchen after parking her car in the garage following her day at work. His 12-year-old sister Grace lay dead in the house from two shots to her head. She had also been shot in the arm. In the close-range shootings Jason fired through pillows to muffle the sound and shield himself from the victim's blood spatter.

     A few hours after executing his parents and his sister Jason met up with some friends at his church. There was nothing in his demeanor that suggested he had just massacred his family.

     The day after the triple murder, Jason, armed with four handguns and a backpack full of ammunition, drove out of town in one of the family cars, a green Honda Pilot.

     Late Saturday morning, February 14, 2015, a Maryland state trooper tried to pull Jason Hendrix over for speeding in Harford County 500 miles from the still undiscovered bodies in his house back in Kentucky. Jason, having no intention of being pulled over by a cop, led the officer and others on a car chase that took them into Baltimore County where police officers in that jurisdiction joined in the pursuit.

     The high-speed chase came to an abrupt end when the teenager crashed his SUV into another vehicle. When six officers with the Baltimore County Police Department approached the green Honda, Jason Hendrix shot at the officers, striking one of them. All six of the officers returned fire, killing the boy at the scene.

     The wounded officer received treatment at the University of Maryland Shock Trauma Center and was discharged the next morning. All of the officers involved in the shooting were placed on administrative leave pending an investigation.

     That Saturday, a Baltimore County detective called the authorities in Corbin, Kentucky and requested a check of the address on the Honda's registration. If the occupants of the house were related to the boy they needed to be informed of his death.

     At five o'clock that afternoon officers with the Corbin Police Department entered the Hendrix house on Forest Circle. Inside they found the bodies of Mr. and Mrs. Hendrix and their daughter. Following a cursory investigation the authorities in Corbin concluded that the boy killed by the police in Maryland had murdered his family.

     Friends and relatives of the family as well as residents of the community were stunned by the news of these violent deaths. As is often the case in "good boy" murder cases, no one saw the bloodshed coming.

Monday, September 2, 2024

Amish-Mennonite Pastor Kenneth Miller's Underground Railroad

     Lisa Miller, as a teenager and young woman in Virginia, struggled with an addiction to pills and alcohol. She also participated in self-mutilation. After a failed marriage and a suicide attempt Lisa began dating women.

     In 1997 Lisa met Janet Jenkins at an alcoholics anonymous meeting in Falls Church, Virginia. They became a couple and in 2000 traveled to Vermont, the first state to offer homosexuals civil unions, to get married. The pair, after being civilly united by a judge adopted the surname Miller-Jenkins and in 2002 bought a two-story house in a small southern Vermont town called Fair Haven.

     On April 16, 2002 after becoming pregnant through in vitro fertilization, Lisa, at age 34, gave birth to Isabella. But in September 2003 when Isabella was 17-months-old Lisa and Janet split-up. After the break in the relationship a family court judge in Vermont granted Janet regular child visitation rights.

     In 2008, after trying but failing to terminate her former partner's visitation rights, Lisa Miller moved to Lynchburg, Virginia where a Christian anti-gay marriage activist named Janet Stasulli befriended her. Lisa, under Stasulli's guidance and influence, became a born-again Christian, and pursuant to her new religious beliefs denounced homosexuality as a sin. In October 2009 the family court judge in Vermont granted Janet Jenkins primary custody of Isabella.

     Kenneth Miller (no relation to Lisa), a 43-year-old Beachy Amish-Mennonite pastor from Stuarts Draft, Virginia, a town of 9,000 30 miles north of Lynchburg, conceived of a plan to get Lisa and Isabella out of the country to keep the 7-year-old out of the custody of a lesbian parent. On September 21, 2009 Philip Zodhiates, an evangelical leader and owner of a Lynchburg Christian direct-mail company drove Lisa and her daughter to Buffalo, New York. Shortly after midnight the mother and daughter crossed the boarder into Canada in a taxi. They were met on the other side by a Canadian evangelical pastor named Ervin Horst who drove Lisa and Isabella, disguised in long skirts and head scarves of the type worn by the Amish-Mennonites, to the Toronto airport. Later that day the fleeing mother and daughter flew to Managua, Nicaragua. 

     Pastor Kenneth Miller, indicted by a federal grand jury sitting in Burlington, Vermont for the offense of abetting an international parental kidnapping, went on trial on August 8, 2012. If convicted the Amish-Mennonite leader faced up to three years in prison.

     Fifty Amish-Mennonite supporters looked on as the Assistant United States Attorney, Eugenia Cowles and defense attorney Joshua M. Autry made their opening remarks to the jury. According to the defense version of the case, Pastor Miller did not know that by leaving the country Lisa Miller was violating a lawful child visitation order. Defense attorney Autry argued that his client, therefore, did not possess the requisite criminal intent to obstruct the court order giving Janet Jenkins primary custody of the child.

     Federal prosecutor Cowles told the jurors that Pastor Miller had selected Nicaragua as the point of destination because that country and the United States did not have an extradition treaty. Moreover, the preacher made sure to book a flight from Canada to Mexico that didn't touch down in America.

     Philip Zodhiates, Janet Stasulli and Ervin Horst, the evangelists the defendant had called upon to carry out his anti-homosexual underground escape, took the stand as reluctant prosecution witnesses. Isabella's custody parent Janet Jenkins testified that she hadn't seen the girl since January 2009, eight months before the evangelists snuck her out of the country. The government rested its case on August 12. 2012.

     Defense attorney Joshua Autry put on a pair of character witnesses then rested his case without bringing Pastor Miller to the stand to testify on his own behalf. On August 14, 2012 the jury, after deliberating four hours, found the defendant guilty of abetting international parental kidnapping. Outside the federal building a group of 100 Amish-Mennonite supporters stood around singing gospel hymns. Pastor Miller remained free on bail until his sentencing.

     Just hours after the verdict Janet Jenkins filed a civil lawsuit against Philip Zodhiates, Ervin Horst and Janet Stasulli, the people who had helped Pastor Miller kidnap her custody child.

     On March 14, 2013 the federal district judge sentenced Pastor Miller to 27 months in prison. The Paster would not, however, begin his sentence until a federal appeals court reviewed and ruled on the case.

     On October 8, 2014 federal prosecutors charged Philip Zodhiates with conspiracy and international parental kidnapping for his role in the abduction. Zodhiates pleaded not guilty to the charges.

     In March 2017 after being convicted as charged the federal judge sentenced Mr. Zodhiates to 36 months in prison.

     Pastor Kenneth Miller lost his appeal in February 2016 and a month later was sentenced to 27 months in prison. In April 2018 after serving just under two years in federal custody Pastor Miller was released from custody.

Sunday, September 1, 2024

The Michael Vanderlinden Murder-Suicide Case

     In mid-August 2012, 38-year-old Michael Vanderlinden, a native of Belgium who worked in the information technology field, was about to move out of the new, spacious two-story house he lived in with his wife Linda and their two sons, Julien, age seven and Matthew who was four. Vanderlinden, with a history of mental illness and depression, was seeing a therapist. In November 2010 he had attempted suicide by overdosing on pills. His emotional and mental health problems had strained his marriage which was the reason he was in the process of moving out of the family home in Van Buren Township outside of Detroit, Michigan. A neighbor saw Vanderlinden walk out of his house in the Homestead subdivision and drive off at 9:30 in the evening of August 15, 2012. No one in the subdivision saw him after that.

     On Thursday August 16 at 1:35 in the morning on Interstate 94 in La Porte County Indiana just south of the Michigan state line, Mr. Vanderlinden drove out of a rest area via the entrance ramp which put him in the westbound lane traveling east. Moving at a high rate of speed, Vanderlinden's vehicle, with its headlights off plowed head-on into a car traveling eastbound on the interstate. Both vehicles burst into flames on impact burning Vanderlinden and the driver of the other vehicle, 45-year-old Julian Nelson, beyond recognition. Mr. Nelson, the victim of Vanderlinden's suicide was from Portage, Indiana.

     Later in the morning of the automobile fatalities on I-94 the Indiana State Police asked officers in Van Buren Township to notify Vanderlinden's wife of his death. At 8:30 AM a township patrolman rang the doorbell to the his home. Seeing a car in the garage the officer assumed that the house was occupied. When the doorbell failed to bring a response the officer tried the front door, found it unlocked and entered the dwelling.

     In the master bedroom the officer found 34-year-old Linda Vanderlinden, a charter school teacher, dead with a stab wound to her chest. She had also been strangled which turned out to be the cause of her death. In separate bedrooms the officer found the murdered children, each with multiple stab wounds from an 8-inch kitchen knife.

     The forensic pathologist with the Wayne County Coroner's Office was unable to determine the exact time the Vanderdindens' had been murdered. Because there were no signs of forced entry into the house, no one had been sexually assaulted and nothing had been taken from the death scene, investigators identified Michael Vanderlinden as the murderer. 

   The Indiana State Police concluded that Michael Vanderlinden had purposely caused the fatal head-on crash.

     In murder-suicides the question is always the same: if a person is going to kill himself why would he take other people with him? In this case Mr. Vanderlinden, for no reason a sane person could understand, slaughtered his family, and in the act of killing himself murdered a total stranger.