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Sunday, December 8, 2024

The Glen Hochman Murder-Suicide Case

     In January 2015 52-year-old Glen Hochman took a disability retirement from the White Plains Police Department after missing four months of work due to an ankle injury suffered while helping a motorist. Mr. Hochman had been on the suburban New York City force 22 years. He resided in an upper-middle-class home in Harrison, a small town twenty miles northeast of Manhattan with his wife Anamarie DiPietro-Hochman and their three daughters and three dogs. Following his retirement Glen Hochman and his wife engaged in a "family discussion" about separating.

     At nine-thirty in the morning of Friday February 20, 2015, Anamarie Hochman visited the Harrison Police Department where she reported that she and her husband just had an argument over an $80 cellphone bill. Because he hadn't threatened her and didn't became violent, she asked the department not to act on this information. She said she was merely "documenting" the incident.

     Later on the day Anamarie went to the police department she, her oldest daughter and a friend left Harrison by car on an overnight excursion to an area casino. That left two of her daughters--17-year-old Alissa, a Harrison High School senior and Deanna, a 13-year-old student at the Windward School in White Plains--at home with their father.

     The next day, Saturday February 21, at three-fifty in the afternoon Alissa's boyfriend at Anamarie's request went to the Hochman house to check on the girls. In the garage he found Mr. Hochman lying dead on the floor with a pistol in his hand. 

     The stunned boyfriend called Mrs. Hochman who was driving home from the casino. He then dialed 911. Anamarie's friend, a passenger in her car, called 911 as well.

     At the Hochman residence officers with the Harrison Police Department, in addition to Mr. Hochman, discovered the bodies of Alissa and Deanna in their rooms. The girls had been shot in the head at close range. The family pets had been shot to death as well.

     On Sunday February 22, Harrison Police Chief Anthony Marraccina, without saying it directly at the press conference, revealed that Glen Hochman had killed his daughters, shot the dogs then committed suicide. He had left behind a 5-page note that explained why he had "taken his daughters away."

     According to Chief Marraccini, Glen Hochman had no history of mental illness or domestic violence and was not in financial trouble. The chief, however, did not reveal the exact contents of the suicide note. Autopsies were performed by a forensic pathologist with the Westchester County Medical Examiner's Office. Friends and relatives of the family said they had not seen this coming.

Saturday, December 7, 2024

The Deadly Bay Area Limousine Fire

     On Saturday, May 4, 2013, Nerizo Fojas, a recently married 31-year-old registered nurse from Fresno, California entertained eight of her friends and fellow nurses at a bachelorette party in Oakland. At nine that night the newlywed and her guests climbed into a white 1999 Lincoln stretch limousine en route to the Crowne Plaza Hotel in Foster City, the site of her bridal shower. Orville Brown, the 46-year-old who had been driving as a chauffeur for two months, picked up the nine women for the 40-mile trip from Oakland to Foster City.

     At ten o'clock, as the limousine crossed the San Mateo Bridge on Highway 92 about 20 miles southeast of San Francisco, one of the passengers tapped on the partition that separated the driver from the passengers. At first Orville Brown couldn't hear what this passenger was saying over the car music. When he heard others in the back yelling, "smoke, smoke!" he pulled out of the westbound lane and brought the Town Car to a stop at the side of the bridge.

     In a matter of seconds after Mr. Brown exited the limo the rear passenger and trunk areas of the vehicle burst into flames, engulfing the passengers. Four of the women managed to escape the sudden inferno by crawling through the 3 foot by18 inch driver's partition opening. Five of the nurses, including Nerizo Fojas, were burned to death as they waited to squeeze through the partition opening.

     The dead women were so badly burned they had to be officially identified through dental records. Two of the women who survived the fire were in critical condition.

     Nerizo Fojas had worked at the Community Regional Medical Center in Fresno for two years. Prior to living in Fresno she resided in Oakland. She and her husband planned to travel to her native Philippines in June for a second wedding ceremony.

     San Mateo County Coroner Robert Foucrault told reporters that "it was almost impossible for [the victims] to get out as the fire was moving so fast." Cause and origin experts investigated the fire scene while forensic pathologists performed the autopsies and ordered toxicology tests.

     It is rare for a motor vehicle not involved in an accident to burst into flames. The fact the fire spread so fast suggested that something highly flammable had been near its origin. (A good many car fires that are not incendiary are electrical in nature.) According to the chauffeur, he had informed his passengers that smoking in the vehicle was prohibited. Orville Brown and other witnesses reported that the fire was not accompanied by an explosion.

     On May 7, 2013, Nelia Arelllano, one of the passengers, told a television reporter from San Francisco that the driver of the limo ignored her when she first yelled at him to stop. By the time Mr. Brown pulled over the fire had engulfed the rear area of the vehicle. (Stretch limousines have doors at the front and back but not along the elongated section of the car.) The San Jose company that operated the limousine, Limo Stop, was licensed and insured.

    In 2014 fire scene investigators from San Mateo and Alameda Counties determined that the fire was started by a "catastrophic failure" of the 1999 converted Lincoln Town Car's suspension system that caused the drive shaft to rub on the vehicle's undercarriage, producing friction and sparks that started the fire in the rear passenger section.

     The California Public Utilities Commission fined Limo Stop $20,000 for having nine passengers in the vehicle, one over the limit. On appeal the fine was reduced to $5,000.

     In 2014 and 2015, families of four of the five women who died in the limo settled lawsuits with numerous companies associated with the vehicle fire. In May 2016 the husband of the fifth victim, Aldrin Geronga, filed a wrongful death suit against the Ford Motor company. According to this plaintiff's attorney, "Ford knew there were problems fifteen years ago."

     The jury considering the Aldrin Geronga $37 million wrongful death suit against the Ford Motor Company deliberated four days before finding for the defendant. Jurors determined that the Ford Motor Company had not been responsible for the vehicle defect that had caused the deadly fire.

Friday, December 6, 2024

What Happened To David Bird?

     David Bird, a 55-year-old journalist with the Wall Street Journal who covered the world's energy markets--OPEC and such--lived with his wife Nancy and their two children in central New Jersey's Long Hill Township. Although he underwent a liver transplant operation in 2005, Mr. Bird was an avid hiker, biker and camper. The Boy Scout troop leader, in 2013, ran in the New York City Marathon. His children were ages 12 and 15.

     On Saturday, January 11, 2014, after he and his wife had put away their Christmas decorations, David said he wanted to take a walk and get some fresh air before it started to rain. At 4:30 in the afternoon, dressed in a red rain jacket, sneakers and a pair of jeans, the six-foot-one, 200 pound, gray-haired reporter walked out of his house. Shortly thereafter it began to rain, and rain hard.

     Two hours after David Bird left the house his wife became worried. He hadn't returned and it was still raining. To make matters worse, he had been suffering from a gastrointestinal virus. Nancy Bird called the Long Hill Township Police Department to report her husband missing.

     Over the next three days police officers and hundreds of volunteers searched the neighborhood and nearby wooded areas for the missing journalist. The searchers were assisted by dogs, a helicopter and people riding all-terrain vehicles and horses. Volunteers also distributed hundreds of missing persons flyers.

     Notwithstanding the effort to locate Mr. Bird he was nowhere to be found. It seemed he had disappeared without a trace.

     The fact the missing man left his house without the anti-rejection medication he took twice a day in connection with his liver transplant made finding him all the more urgent. Without that medicine he would surely become ill.

     On January 16, 2014 police officers learned that someone in Mexico, the night before, had used one of David Bird's credit cards. The card was supposedly used four days after Mr. Bird's disappearance. Investigators, without a clue as to where David Bird was, or why he went missing, considered the possibility that his disappearance had something to do with his reporting on recent middle east crude oil price changes.

     On March 18, 2015, at five o'clock in the evening, two men canoeing on the Passaic River in New Jersey about a mile from David Bird's home spotted a red jacket amid a tangle of branches. From that spot emergency responders retrieved a male corpse.

     Dr. Carlos A. Fonesca with the Morris County Medical Examiner's office and forensic dentist Dr. Mitchell M. Kirshbaum identified the remains as David Bird. The day after the discovery Morris County prosecutor Frederic M. Knapp said an autopsy would be conducted to determine Mr. Bird's cause and manner of death.

     A few days later a Morris County spokesperson revealed that Mr. Bird had drowned. Investigators found no reason to suspect foul play. Since Mr. Bird's death wasn't homicide or natural, it was either the result of suicide or an accident.

     In June 2015 a spokesperson for the Morris County Medical Examiner's Office ruled the manner of Mr. Bird's death as accidental. 

Thursday, December 5, 2024

The Cecilia Chang Murder-For-Hire Case

     In 1975 a 22-year-old student from Taiwan (an island 200 miles off the coast of mainland China) named Cecilia Chang enrolled in the Asian Studies Master's Degree program at St. John's University in Queens, New York. After Chang acquired the degree in 1977 the university hired her as an Asian Studies professor. Three years later university administrators promoted Chang to the position of Dean of the Institute For Asian Studies. Having exhibited the ability to raise money for the program from the Taiwanese and other Asian governments, her job as dean primarily involved fund-raising. She spent the next decade traveling the world, living high on donor contributions to the school and on her university expense account.

     In October 1986 Cecilia Chang's husband, Ruey Fung, filed for divorce and sought custody of the couples's toddler son. Four years later, in the midst of a contentious domestic struggle over money and child custody, Ruey Fung was shot outside a warehouse in the Bushwick section of Brooklyn.

     Ruey Fung died from his wounds eleven days after the shooting. But before he passed away homicide detectives were able to question him at the hospital. Unable to speak, Mr. Fung wrote: "I know the man who shot me, but I do not know his name. Cecilia Chang was the person who paid the guy to shoot me." Ruey Fung claimed that his wife wanted him dead so she wouldn't have to split their estate which included a hosiery business. With his death she would also gain custody of their son.

     Because NYC homicide detectives were unable to identity the man who shot and killed Mr. Fung, the investigation died on the vine. Notwithstanding her husband's deathbed murder accusation and police suspicion that  Cecilia Chang engaged the services of a hit man, her fund-raising career at St. John's University continued to flourish.

     In 2001, Cecilia Chang began spending an inordinate amount of time in Connecticut at the Foxwoods Casino where she lost tens of thousands of dollars playing high-stakes baccarat. Her wagering strategy of doubling her bet each time she lost compounded her casino losses.

     A grand jury sitting in Queens, New York in 2010 indicted Chang on 205 counts of fraud and embezzlement. She stood accused of stealing huge amounts of money from St. John's University. In addition to embezzling $1 million from the institution, she was accused of using her $350,000 a year expense account and donor money to finance skiing and surfing trips for her son, fund his law school tuition and even pay for his dog's veterinary bills.

     Dean Chang also faced charges of theft, fraud and corruption in federal court. In 2011, after being charged federally, the judge placed her under house arrest. In the fall of 2012 the federal case against Chang went to trial in Brooklyn, New York. When the Assistant United States Attorney rested the government's case it was clear to people following the trial that the defendant was guilty.

     On November 5, 2012, believing that she could convince the jury that she was innocent of all charges, Chang took the stand on her own behalf. It quickly became obvious that the jurors not only didn't like her, they didn't believe her testimony. At one point jurors actually laughed loudly at something she said. At this point in the trial Cecilia Chang realized that in all probability she would be spending the next twenty years in federal prison.

     On Tuesday, the day after her devastatingly bad afternoon on the stand, Chang, in her $1.7 million home in the Jamaica section of Queens, committed suicide. The 59-year-old was found hanging from a ladder that folded down from her attic. Chang had also slit her wrists. She left behind several suicide notes, written in Mandarin, in which, in true sociopathic fashion, she blamed St. John's University for her problems and her suicide.

     Cecilia Chang got accustomed to having all the money she needed to lavishly entertain herself, her son and all of her friends in high places. She felt entitled to use university and donor money to live extravagantly and to cover her gambling loses. The university had some responsibility for Chang's financial excesses. No university employee should be allowed a $350,000 a year expense account. It seemed that at St. John's University no one was watching the store while an employee lived high on other people's money.     

Wednesday, December 4, 2024

The Chinese Sex Dungeon Murder Case

     In August 2009, 33-year-old Li Hoa and his wife lived in a apartment complex in Luoyang City, a municipality in central China's Henan Province. Li, a former firefighter, worked in the city's Quality and Technical Supervision Bureau. That August Li Hoa finished building, beneath his apartment building's basement, a three-level living complex that consisted of a flight of stairs that led down to a tunnel/crawl space that dropped to a pair of adjacent rooms four meters beneath the basement floor. The tunnel dropped a few feet then made a right angle turn into the living quarters.

     Li Hoa furnished the rooms, each the size of a small jail cell, with a bed, a chair, a toilet and a hot plate for heating food. He also wired these underground boxes for electricity and supposedly did all of this work in a clandestine fashion. (According to Li, his wife thought he had an extra job working as a night watchman.)

     Between August 2009 and September 2011 Li Hoa kidnaped six women in their twenties from area nightclubs, karaoke bars and salons and held them captive in his underground rooms. Li raped his prisoners, forced them to perform in pornographic web videos that viewers could upload for a fee, and escorted the women into the city where they worked for him as prostitutes.

     In 2010 Li forced three of his sex slaves to help him beat one of their fellow captives to death. He did this to instill fear and discipline into them. He buried the victim's body beneath one of the cells. Less that a year later he and three of his women murdered a second prisoner. They buried her body near the first murder victim.

     Li Hoa's sex dungeon operation came to an end in September 2011. One of his unsupervised prostitutes, instead of returning to the underground prison with money, went to the police. When the captive didn't return to her subterranean quarters as scheduled Mr. Li realized she had escaped and that his days as a sex slave master were over. He borrowed 1,000 yuan from his sister to help finance his flee from the police but got caught before leaving the city. (The sister later pleaded guilty to harboring a criminal in return for a probated sentence.)

     Li Hoa faced charges of murder, rape, kidnapping, running a prostitution enterprise and the distribution of pornography for profit. The three women he coerced into helping him commit the two murders were convicted of criminal homicide. The judge sentenced two of these defendants to probation and the third to three years in prison.

     On November 3, 2012 a judge in Luoyang City sentenced Li Hoa to death. Unlike in America where death row inmates often live decades beyond their convictions, Li Hoa died by firing squad on January 21, 2013.

     Although there is much that is unknown about this case it's hard to believe that Li Hoa's wife wasn't aware of what he was doing beneath the apartment building. Moreover, it's hard to believe that Li built his underground dungeon in secret. The case reeks of official corruption. In the cases of the missing bar girls, the police were probably not working that hard to find them.      

Tuesday, December 3, 2024

The Itinerate Lab Technician Who Made People Sick

     David Kwiatkowski traveled around the country working as a hospital temp in cardiac catheterization labs as a radiology technician. From January 2007 to September of that year the 29-year-old worked at the Oakwood Annapolis Hospital in Wayne, Michigan, his home state. From November 2007 to March 2010 Kwiatowski was employed by hospitals in Poughkeepsie, New York, Pittsburgh, Pennsylvania and Baltimore and Clinton, Maryland.

     On April 1, 2010 the itinerate lab technician landed a job in Phoenix at the Arizona Heart Hospital. Eleven days later a fellow employee found him out cold in the men's locker room. After testing positive for cocaine and marijuana the hospital fired him. Less than a week later Mr. Kwiakowski was in Philadelphia working at Temple University Hospital. That job lasted less than a month. That May the roving temp was employed at a hospital in Hays, Kansas. A month after taking the job in Kansas, Kwiatkowski's drug usage caught up with him. He was also diagnosed with hepatitis C. After working a month at the Hays Hospital, the infected temp was working in Warner Robins, Georgia at the Houston Medical Center. 

      In April 2012 David Kwiatkowski began work in the cardiac catheterization unit at the Exeter Hospital in Exeter, New Hampshire. On May 12, 2012, six weeks after the temp started work at Exeter, the hospital experienced a hepatitis C breakout involving 32 patients and former patients.

     Because the infected patients had all received cardiac catheterization procedures at Exeter, David Kwiatkowski came under suspicion. Investigators began looking into his bizarre work history and learned he had been diagnosed with hepatitis C in June 2010. Fellow hospital employees, based on the temp's erratic behavior and the fresh needle tracks on his arms suspected he was a drug addict. Kwiatkowski's roommate told investigators that he found needles in their apartment. When confronted by his roommate Kwiatkowski said he had cancer. The hospital fired the radiology temp on May 24, 2012.

     Following a month-long investigation FBI agents determined that Kwiatkowski had injected himself with syringes meant for patients. These syringes were filled with Fentanyl, a painkiller more potent than morphine. Patients were then infected with syringes Kwiatkowski refilled with a saline solution. Patients had not only been denied relief from pain, the temp had given them hepatitis C.

     On July 13, 2012, police in Marlborough, Massachusetts responded to a call from a Holiday Inn regarding a guest who had overdosed on drugs. Officers found David Kwiatkowski in a stupor amid pills scattered about the hotel room. He had also written a suicide note. Medics transported him to a nearby hospital.

     A federal grand jury sitting in New Hampshire on July 19, 2012 indicted Kwiatkowski for acquiring controlled substances by fraud and for tampering with a consumer product (the hospital syringes). If convicted of these offenses he faced up to 24 years in prison. On the day of his indictment FBI agents arrested Kwiatkowski at the Marlborough hospital where he was recovering from his drug and alcohol overdose.

     When interrogated by FBI agents, Kwiatkowski denied stealing the syringes and switching out their contents. Moreover, he said he didn't use drugs. When asked how the 32 patients at the Exeter Hospital had contracted hepatitis C, the suspect said, "You know, I'm more concerned about myself, my own well-being. I've learned here to just worry about myself. And that's all I care about now." Spoken like a true sociopath.

     David Kwiatkowski was held without bail in the Strafford County Jail in New Hampshire. In that state alone he had come into contact with more than 3,000 patients, people who had yet to be tested for hepatitis C.

     In August 2013, Kwiatkowski, pursuant to a plea agreement, admitted that he had been stealing drugs for more than a decade and was "killing a lot of people." After pleading guilty to fourteen federal drug theft and tampering charges the judge sentenced the 35-year-old to 39 years in prison.

Monday, December 2, 2024

John Mark Karr's Confession in the JonBenet Ramsey Murder

The Ramsey Case  

      A 5:52 AM emergency call that a child had been kidnapped brought a pair of Boulder, Colorado police officers to John and Patsy Ramsey's 3-story house on December 26, 1996. Patsy Ramsey said she found a handwritten ransom note inside on the stairs. Fearing that her 6-year-old daughter, JonBenet, had been kidnapped for ransom she had called 911. After a cursory sweep of the 15-room dwelling the patrolmen called for assistance.

     During the next two hours, amid friends and relatives who came to console the family, police set up wiretap and recording equipment to monitor negotiations with the kidnappers. At one in the afternoon Boulder detective Linda Arndt asked John Ramsey to look around the house for "anything unusual." Thirty minutes later he and one of his friends discovered JonBenet's body in a small basement room. Her mouth had been sealed with duct tape and she had lengths of white rope coiled around her neck and right wrist. The rope around her neck was tied to what looked like the handle of a paintbrush. Breaking all the rules of crime scene investigation, John Ramsey removed the tape, carried his daughter up the basement steps and laid her body on the living room floor. Detective Arndt picked up the child, placed her body next to the Christmas tree and covered the body with a sweat shirt. Because the police did not conduct a thorough and timely search of the house there would be no crime scene photographs.

     In the months following the murder the police, prosecutors, media and most Americans believed that someone in the family killed JonBenet Ramsey. But if this were the case then who had written the two and a half page ransom note? Forensic document examiners eliminated John Ramsey as the ransom note writer, and all but one handwriting expert concluded that Patsy had probably not authored the document. Also, evidence surfaced that an intruder could have come into the house through a broken window in the basement.

John Mark Karr

      After a 13-year battle with ovarian cancer, Patsy Ramsey died on June 14, 2006. She was 49. The media that helped police and prosecutors portray the Ramseys as child murderers treated the death as a one-day news event, giving it less attention than the passing of a supporting actor on an old TV sitcom. In April 2006, two months before her death, the Ramseys flew from their home in Michigan back to Boulder where they met with district attorney Mary Keenan (later Lacy), who asked them if they had ever heard of a man named John Mark Karr. The Ramseys said they had not--neither the name nor the description of this man rang a bell. What did he have to do with the case?

     Karr, a 41-year-old American itinerate elementary school teacher, had lived in Bangkok, Thailand since 2002. He recently corresponded with Michael Tracey, a journalism professor at the University of Colorado. Karr's interest in the JonBenet murder had drawn him to the Boulder professor who produced three television documentaries favorable to the the theory the crime had been committed by an intruder. The emails from Karr, sent under the pseudonym Daxis, became quite bizarre, reflecting more than just a morbid interest in the case. After receiving a series of disturbing phone calls from this man, Professor Tracey alerted the district attorney's office. The calls were traced to John Mark Karr in Bangkok.

     After Daxis confessed to Mr. Tracey that he accidentally killed JonBenet while inducing asphyxia for his sexual gratification, he became a suspect in the murder. Karr revealed over the phone that when he couldn't revive JonBenet he struck her in the head with a blunt object. He told the professor he had engaged in oral sex with the victim, but had not performed sexual penetration. Aware that Tracey was writing a book on the Ramsey case, Karr offered the author the inside story from the killer's point of view. In the event the book became a movie, Karr wanted to be played by Johnny Depp.

     Having taken over the Ramsey case investigation from the Boulder Police Department, the district attorney's office began investigating John Mark Karr. District attorney investigators spoke to the authorities in Bangkok and read the emails Karr sent to the professor. One of the messages suggested that Karr had a general knowledge of forensic science. "The DNA might not match, but you can't trust the test," he wrote.

     As Ramsey case investigators gathered details of Karr's life and background it became clear that he was not an ordinary man, and that his strangeness was not inconsistent with the profile of a person who might commit a Ramsey-type crime. After Karr's parents divorced when he was nine, he went to live with his grandparents in Hamilton, Alabama. In 1983, one year after graduating from Hamilton High School, Karr, then 20, married a 13-year-old girl. The marriage ended nine months later in an annulment. In 1989 Karr married 16-year-old Lara Marie Knutson. In four years he and his wife had three sons. While pursuing a teaching degree through an online teacher's college, Karr opened a licensed day-care center in his home. Although he didn't have a teaching degree he also worked as a substitute teacher at Hamilton High School. He acquired a college degree in 1999 and that year closed his day-care business. A year later, Karr and his family were residing in Petaluma, California where he taught as a substitute in six schools in the Sonoma Valley Unified School District.

     One year after arriving in Petaluma, while teaching at the Pueblo Vista Elementary School, Karr was arrested by investigators from the Sonoma County Sheriff's Office. They had found child pornography on Karr's computer and arrested him on five misdemeanor counts of possessing such material. Karr's bail was reduced after he spent six months in the county jail awaiting trial. He was released on October 2001. While in custody Karr wroye a letter to Richard Allen Davis who had been convicted of kidnapping and murdering Polly Klaas in Petaluma. When Karr failed to show for a court appearance in the pornography case the judge issued a bench warrant for his arrest, making him a California fugitive from justice.

     During the child pornography investigation detectives in Sonoma County came across writings and notes Karr had made pertaining to the murder of JonBenet Ramsey. In these musings he had speculated on the killer's thoughts as he committed the crime. Although these were not confessions, the Sonoma detectives took the writings seriously enough to notify the authorities in Boulder. Although there were follow-up discussions between investigators in California and Colorado, nothing came of the discovery.

     After Karr divorced his wife she and their children moved back to Hamilton, Alabama. Following his release from the Sonoma County Jail Karr fled the country. He taught in Honduras and Costa Rica and worked as a children's nanny in Germany, the Netherlands and South Korea. In December 2005 he arrived in Bangkok where he landed a grade-school teaching position.

The Arrest and Confession

     On August 11, 2006, four months after district attorney Mary Lacy learned that the Ramsey email writer and telephone confessor was John Mark Karr, police and immigration authorities in Thailand informed her that Karr was living in a downtown Bangkok apartment. In less than a week he would be starting a new teaching job at the New Sathorn International School in the city. Because the authorities didn't want this man interacting with young girls at this school, the Thai police planned to arrest and deport Karr within the next five days. This development presented District Attorney Lacy with a dilemma. If she did nothing, a man who had confessed to killing JonBenet Ramsey would slip away upon his return to the United States. If she filed charges against Karr and had him extradited back to Colorado the probable cause supporting the arrest warrant would be based entirely on his emails and his telephone confessions. Lacy's investigators had not linked Karr to the ransom note through his handwriting, could not place him in Colorado on or about December 26, 1996, and had not matched his DNA to a pair of foreign bloodstains on JonBenet's underwear.

     Operating on the theory that John Mark Karr was not a false confessor, and that his DNA would eventually connect him to the victim, Mary Lacy presented her case to a Boulder judge who issued a warrant for Karr's arrest on charges of first-degree murder, kidnapping and sexual assault. The district attorney also dispatched one of her investigators to Bangkok.

     After surveilling Karr's apartment building for five days, police and immigration officials took him into custody on August 16, 2006. In response to a Thai police officer who informed Karr that he had been charged with first-degree murder in Boulder, Karr declared that his killing of JonBenet had been accidental, and therefore the charge should more appropriately be second-degree murder. He had confessed again.

     After being flown to Los Angeles from Bangkok, Karr arrived in Colorado on August 24, 2006 where he was incarcerated in the Boulder County Jail. Four days later the John Mark Karr phase of the Ramsey case came to an abrupt end when Mary Lacy announced that because Karr's DNA didn't match the crime scene evidence the charges against him would be dropped. Moreover, he had not written the ransom note. The case quickly fell out of the news and John Mark Karr slipped back into obscurity.

The 1999 Indictments

     The JonBenet Ramsey case shot back into the news in October 2013 when a Colorado judge ordered the release of indictments returned against the Ramseys in 1999. The Boulder County Grand Jury alleged that each parent "did permit a child to be unreasonably placed in a situation which posed a threat of injury to the child's life or health which resulted in the death of JonBenet Ramsey." The grand jurors also alleged that the Ramseys "did render assistance to a person, with intent to hinder, delay and prevent the discovery, detention, apprehension, prosecution and punishment of said person for the commission of a crime, knowing the person being assisted has committed and was suspected of the crime of murder in the first degree and child abuse resulting in death."

     Boulder district attorney Alex Hunter refused to sign off on the indictments because the charges were not supported by sufficient evidence to support a conviction.

     In speaking to reporters, the Ramsey family attorney, L. Lin Wood, called the indictments "nonsensical." According to Wood, "they reveal nothing about the evidence reviewed by the grand jury and are clearly the result of a confused and compromised process."

     Regarding the old indictments, CNN legal analyst Jeffrey Tobin, in pointing out the indictments merely showed that a majority of the grand jurors felt there was probable cause to charge the parents--a lower standard than proving guilt beyond a reasonable doubt--said, "it doesn't precisely say that the grand jury thought the parents killed JonBenet. It's not precisely clear what they thought."

     In September 2016, the JonBenet Ramsey case shot back into the news with television documentaries revisiting the murder and shedding new light on the case. Notwithstanding the new media attention, the case remained unsolved. 
     There have been no arrests in the JonBenet Ramsey murder case. As for John Mark Karr, he slipped back into obscurity. 

Sunday, December 1, 2024

The Brock Allen Turner Sexual Assault Case

     During the early morning hours of January 18, 2015 in Palo Alto, California, two Stanford University students came across a man lying on top of a woman near a fraternity house dumpster. The man and the woman had passed out from excessive alcohol consumption.

     The Stanford student on top of the partially clad woman was 20-year-old Brock Allen Turner, an all-American high school swimmer from Dayton, Ohio. He had met the woman found beneath him at a fraternity party that night. (Her identify was not made public.)

     Turner had twice the legal limit of alcohol in his system. The 23-year-old woman was three times over the legal limit for intoxication.

     After being examined at a hospital in San Jose a deputy sheriff told the woman she may have been the victim of a sexual assault.

     Brock Turner, when questioned by the police, admitted that he had sexually fondled the unconscious woman but did not rape her.

     Shortly after being questioned by detectives a Santa Clara County prosecutor charged Brock Turner with three felonies that included the sexual assault of an unconscious woman and assault with the intent to commit rape. If convicted as charged he faced up to 14 years in prison.

     Following his arrest on the three felony charges Brock Turner withdrew from the university.

     The Turner sexual assault case went to trial in Palo Alto in March 2016. Prosecutor Alaleh Kianerci in her opening remarks to the jury called the defendant the "quintessential face of campus assault." The victim had consumed four shots of whisky before attending the party as well as a quantity of vodka at the fraternity house. As a result of her intoxication she had been unable to consent to having sex. Lack of consent constituted the legal basis for the prosecution.

     Brock Turner took the stand on his own behalf and testified that the woman had been a willing participant in the sexual activity. Following his testimony, and the closing arguments, the jury found the defendant guilty as charged. He faced up to 14 years in prison.

     At the convicted man's sentencing hearing on June 2, 2016 his defense attorney asked Judge Aaron Persky to sentence his client to probation. The defendant's father, Dan Turner, took the stand and said, in reference to his son spending 14 years behind bars: "That is a steep price to pay for 20 minutes of action out of his 20 plus years of life."

     The female Santa Clara County probation officer who had conducted Brock Turner's pre-sentencing investigation took the stand and said: "When compared to other crimes of similar nature, this case may be considered less serious due to Mr. Turner's level of intoxication." The probation officer also pointed out that the former Stanford student did not have a criminal record, was young and unlikely to re-offend. The county agent concluded her testimony by saying that Mr. Turner had "expressed sincere remorse and empathy for the victim." The probation officer recommended a short jail term followed by a period of probation.

     Prosecutor Kianerci, in her pre-sentencing statement to the court, noted that Mr. Turner experienced a run-in with the police in November 2014. He had, according to police reports, run from an officer after the officer spotted him and other young men drinking on campus. Turner also admitted to possessing a fake driver's license. The prosecutor wondered out loud how the defendant could be so remorseful and empathetic when he had pleaded not guilty to the charges. Prosecutor Kianerci asked Judge Persky to sentence the defendant to six years in prison.

     The most dramatic phase of the pre-sentencing hearing occurred when the victim took the stand and read from her lengthy victim impact statement. She read, in part: "You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence and my own voice, until today. The damage is done, no one can undo it. And now we both have a choice. We can let this destroy us, I can remain angry and hurt and you can be in denial, or we can face it and head on: I accept the pain, you accept the punishment, and we move on."

     Santa Clara County Superior Court Judge Aaron Persky sentenced Brock Turner to six months in the county jail followed by three years' probation. Turner would also have to register as a sex offender. With good behavior the convicted man was expected to serve three months behind bars.

     Judge Persky's sentence in the Turner sexual assault case created a firestorm of protest from an angry and vocal segment of society that considered the sentence a mere slap on the wrist. Others more sympathetic to the offender believed that making the young man register as a sex offender was, by itself, severe punishment. This group argued that the sexual assault conviction had essentially ruined his life.

    Judge Persky's sentence immediately prompted a movement to recall him from office. Under California law the California Assembly could impeach Judge Persky after which he could be removed from office on a two-thirds vote in the state senate. Moreover, the State Commission on Judicial Performance could censure or remove the judge from the bench. This action would be subject to a review by the state supreme court.

     Those outraged by the Persky sentence called for Stanford University to apologize for the sexual assault. The activists also demanded that the school bolster its effort to prevent campus rape and other sexual offenses. In response the university issued a statement that deflected criticism of its handling of the Turner case.

     Following the national uproar over the judge's sentence a group of prospective Santa Clara County jurors refused to serve in Judge Persky's courtroom. The judge and members of his family also received death threats.

     The national publicity associated with the Turner case prompted several politicians, including Vice President Joe Biden, to express concern over the sentence and the problem of campus rape and other sexual crimes.  
     While the California Commission on Judicial Performance found no wrongdoing in Judge Persky's sentencing of Brock Turner, voters recalled the judge in June, 2018. 

Saturday, November 30, 2024

The Historic Disaster at Waco

     The April 19, 1993 FBI raid of the Mount Carmel Branch Davidian compound in Waco, Texas, which resulted in the deaths of 80 cult members, is a worst-case example of how the militaristic approach to law enforcement can lead to disaster.

     Fifty-one days before the FBI raid, agents of the Bureau of Alcohol, Tax, and Firearms (ATF), at the conclusion of a seven month investigation, had stormed the compound to arrest cult leader David Koresh and search for a cache of guns that ATF agents suspected had been illegally converted to fully automatic weapons. That raid ended after a brief shootout in which four ATF agents were killed and 16 wounded. The officers retreated, leaving an unknown number of Branch Davidians dead and wounded.

     The AFT agents prior to the raid had several opportunities to arrest David Koresh outside the Mount Carmel compound. These chances were missed because Mr. Koresh was not under a 24-hour surveillance. Had the ATF taken him into custody when the opportunity presented itself the raid might not have been necessary. The ATF had also lost the element of surprise, and they knew it when two National Guard helicopters circling above the compound with agency supervisors aboard took gunfire from below. The supervisors launched the invasion anyway. Although several AFT agents had been trained at Fort Hood by Green Beret personnel, most of the agents participating in the 9:30 A.M. attack had not been appropriately trained or armed. Many of the 76 agents who charged the compound carried semi-automatic handguns.

     Following the AFT fiasco the FBI took charge of the stand-off. Following the 51-day siege and a series of failed negotiations several FBI SWAT teams, in full battle gear armed with shortened variants of the standard M-16 assault rifle and supported by Bradley Fighting Vehicles and M-60 tanks, stormed the compound. Forty minutes after 400 canisters of CS gas had been shot inside the building through holes punched in the walls by the armored vehicles, the structure burst into flames and burned to the ground. David Koresh and 17 children were among the 80 dead. Attorney General Janet Reno, operating on unreliable evidence that the Davidian children were being sexually mistreated authorized the assault. The Waco fiasco turned out to be the deadliest police action in American history.

     Attorney General Reno, in the wake of the Waco disaster, asked former Missouri senator John C. Danforth to investigate the government's role in the raids. In 2000, following a 14-month inquiry Danforth determined that FBI agents had not started the fire by firing bullets into the compound. The former senator also found the military's role in the raids as lawful.

     Several months after the Danforth inquiry Thomas Lynch, the director of the CATO Institute's Project on Criminal Justice published a report characterizing the Branch Davidian raids as "criminally reckless," and Danforth's investigation as "soft and incomplete." According to the CATO investigation FBI agents in National Guard helicopters fired rifle shots into the compound, a finding that contradicted the FBI's claim that the helicopters had been deployed merely to distract the Davidians.

     At a news conference Senator Danforth defended the integrity of his inquiry and attacked the CATO report. The debate over who started the fire at the Davidian compound remained unresolved. Regardless of what FBI agents did or didn't do on April 19, 1993, many believe the militaristic ATF and FBI raids should not have been launched in the first place. 

Friday, November 29, 2024

The Battered Wife Syndrome

     Traditionally, courts have not recognized the battered-wife syndrome as a valid defense in homicide trials in which a battered wife kills her abusive husband at a time when she is not being attacked. To successfully employ self-defense in a homicide case the defendant must prove by a preponderance of the evidence that deadly force was necessary to avoid the imminent threat of serious bodily injury or death. Under standard self-defense rationale the careful planning and execution of an abusive husband's death is first-degree murder. (Crime historians believe that before the science of toxicology wives were able to dispatch abusive husbands by slowly killing them with arsonic.)

     For years activists concerned with domestic violence lobbied courts and legislatures to make the battered-wife syndrome a valid murder defense in cases where the defendant was not in immediate danger of serious bodily injury or death.

CASES

Queens, New York

     In 2008, 47-year-old Barbara Sheehan shot and killed her abusive husband, the retired New York City police sergeant she had been married to for twenty-four years. Charged with first-degree murder she went on trial in September 2011. The defendant took the stand and described years of marital abuse and terror.

     According to the Sheehan prosecution, the morning the defendant killed her husband she was on the computer looking for travel bargains. The assistant district attorney called the killing a "self-serving execution." On October 5, 2011 after deliberating three days the jury found Barbara Sheehan not guilty. Proponents of the battered-wife defense see this case as a referendum on this issue. The Sheehan acquital raised a difficult legal question: Is the premeditated killing of someone who will hurt you in the future self-defense or first-degree murder?

Memphis, Tennessee

     In 1985 Gaile Owens hired a hitman to kill her abusive husband. Found guilty of first-degree murder she was scheduled to be executed by lethal injection. In 1986 the governor of Tennessee commuted her sentence to life in prison. In September 2011 the Tennessee Board of Probation and Parole released Gaile Owens from prison after twenty-six years behind bars. The hitman was still serving his time for the contract killing. Notwithstanding the fact that no crime is more cold-blooded than murder-for-hire, the general feeling in Tennessee was that Gaile Owen's sentence of death, under the circumstances, exceeded her crime.

     The message here may be this: If you're a battered woman, call for help. Do not call a hitman. But if you do, and get caught, call the lawyer who represented Barbara Sheehan.