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Monday, October 21, 2024

The Selena Irene York Poisoned Smoothie Case

     Selena Irene York and her teenage daughter, after falling on hard times, were taken in by 79-year-old Ed Zurbuchen who let them live in his Vernal, Utah home. On September 29, 2008 Mr. Zurbuchen's 33-year-old house guest gave him a peach smoothie. Shortly after drinking it he was taken to the hospital complaining of dizziness, face numbness and speech difficulties. At first doctors thought he had suffered a stroke. After four days in the hospital Mr. Zurbuchen underwent a series of liver and kidney tests that revealed he had ingested ethylene glycol, the main ingredient in anti-freeze.

     Although Selena York had given Mr. Zuburchen the drink that made him sick and herself the beneficiary of his life insurance policy, and had taken control of his bank account, Mr. Zurbuchen didn't want to press charges against her. Without the victim's cooperation and testimony the Uintah County prosecutor didn't have a case. In 2009 the poisoning suspect and her daughter moved to Eugene, Oregon. Although the authorities in Utah believed Selena York had tried to murder Ed Zurbuchen, the investigation went cold.

     On April 2011 the poisoning case came back to life when the Uintah County prosecutor received a letter from Joseph Dominic Ferraro, Selena York's former boyfriend and the father of her child. Ferraro, who was in jail for sexual assault, had been living with her and his daughter in Eugene, Oregon. According to Mr. Ferraro, Selena York had bragged to him about poisoning a man in Utah in an effort to kill him so she could take over his estate. Since she had drained his bank account and sold both his cars while he was in jail, Mr. Ferraro believed her story. And so did the authorities in Utah.

     In June 2011 police officers arrested Selena York in Eugene on the charge of attempted murder. After being extradited back to Utah, she, in exchange for the reduced charges of aggravated assault and forgery, confessed to poisoning Mr. Zuburchen. She said she had purchased the smoothie at a nearby store, dumped out half of its contents then poured in the antifreeze. After his death she planned to gain power of attorney over his estate. Before she left Utah after the failed homicide she forged a check on the victim's bank account for $10,000.

     In December 2011 Selena York was allowed to plead no contest to the reduced charges of aggravated assault and forgery. Two months later the judge sentenced her to three consecutive five-year prison terms.  Had Mr. Zubuchen died of poisoning she would have been eligible for the death sentence. Had she not ripped-off Joseph Ferraro (who was convicted of 21 felony sexual abuse counts) she would have gotten away with attempted murder. 

     Mr. Ferraro, the father of York's child who informed on her was sentenced to ten years in prison on the sexual abuse case. However, he won an appeal that led to the overturning of his conviction. The trial judge improperly denied Mr. Ferraro's motion to postpone his trial in order to acquire more time for his attorney to prepare his defense. The Lane County prosecutor, rather than schedule a second trial, allowed Ferraro to plead guilty to a single count of second-degree sodomy. Sentenced to three years on that charge the sex offender walked free because he had already served four years on the multiple felony conviction. 

Sunday, October 20, 2024

Travis M. Scott: The Swindler

     In 2006 Travis Magdalena Scott owned a computer company in Crystal, Minnesota that provided software to the U.S. Military and the private sector. That year the 29-year-old filed a false insurance claim with Lloyd's of London based on a phony lightening strike he said had wiped out his computers and ruined his business. The insurance company paid him $3 million.

     Two years later Mr. Scott was living in a 15-room, 5,300-square foot $1 million mansion in the Twin Cities area town of Eden Prairie. He owned a new computer company and had filed another false insurance claim. This time to indemnify him for another computer destroying lightening strike. The insurer paid him $9.5 million.

     The FBI opened an investigation of Scott in 2010 and in early 2011 a federal grand jury sitting in Minneapolis indicted him for wire fraud, money laundering and insurance fraud. If convicted of all charges the suspect faced up to thirty years in prison. FBI agents seized three of Scott's airplanes, a boat, three vehicles and $5 million from various bank accounts in his name. Scott's mansion, taken over by the bank and put on the market, was now worth $600,000.

     In May 2011, pursuant to a plea deal involving a sentence of between five to ten years in prison, Travis Scott pleaded guilty to all charges. His sentencing hearing before a U.S. District Court judge was scheduled for mid-September 2011.

     A week before his sentencing Mr. Scott staged a suicide by leaving his Kayak on the west shore of Lake Mille Lacs. Inside the overturned Kayak he left a suicide note in which he wrote that he had drowned himself by jumping into the middle of the lake wearing heavy weights. (Had this been true it would have been an odd suicide.)

     Following the staged suicide Mr. Scott flew his Piper airplane from the Flying Cloud Airport near Eden Prairie to the St. Andrew's Airport in Winnipeg, Canada. The aircraft bore fake Canadian registration decals. Three days later Mille Lacs County Sheriff's deputies found the Kayak and the phony suicide note. The local authorities listed Scott as a missing person and various law enforcement agencies in the region searched for his body.

     In Winnipeg, under the name Paul Decker, Travis Scott set up residence in a downtown apartment. He purchased a Jeep and lived with a cat. Things were going smoothly for the missing businessman until December 22, 2011. The Canadian authorities caught up to him 82 days after his staged suicide when, at a Winnipeg pharmacy, he used a forged prescription slip to acquire pills for his anxiety disorder.

     Police officers searching Scott's apartment seized $35,000 in U.S. and Canadian currency. The Winnipeg officers also recovered $85,000 in gold and silver coins. In Scott's Jeep searchers found a loaded .45-caliber handgun. The officers seized Scott's Jeep and Piper aircraft.

     On February 11, 2013, Mr. Scott, now 37, pleaded guilty in a Winnipeg court to possession of a firearm and a customs act charge for failing to report to border officials. The judge sentenced him on the spot to three years and three months in a Canadian prison.

     In Minnesota, on November 19, 2013 a federal judge presided over Travis Scott's sentencing hearing pertaining to his May 2011 guilty plea. At that proceeding the defendant argued that if the judge gave him probation he'd be able to work and pay back the money he had stolen. The federal prosecutor countered that argument by labeling Scott a "manipulative person" who showed no remorse for his crime.

     The U.S. District judge sentenced Travis Scott to 12 years 8 months in prison and held him responsible for more than $11 million in restitution. 

Saturday, October 19, 2024

The Suicide of Ross Lockridge Jr.

     A good many creative writers are high-strung, strung-out emotional wrecks. A lot of them are really odd. Many slip into despair, some go mad and a number get hooked on booze or drugs. More than a few end their lives with suicide.

     To writers who are more or less normal there is nothing more morbidly fascinating than the tormented life and self-inflicted death of a fellow author. Ross Lockridge Jr. is a case in point. In February 1949, about a year after the publication of his first book, Raintree County, a bestselling Book-of-the Month-Club selection, the 33-year-old writer gassed himself to death in his garage while seated in his newly purchased car.

     Journalist Nanette Kutner who interviewed Lockridge six months before his suicide wrote this after his death: "He was no one-book author; he never would have been content to live as Margaret Mitchell [Gone With the Wind] lived. But he could not find a remedy for the letdown that invariably comes after completing a big job, the letdown [Anthony] Trollope understood so well he never submitted a novel until he was deep into the next."

     Do writers end their lives more often than people in other lines of work? There is no way to know if writers are particularly prone to suicide. Experts say that statistics on suicide by occupation are not clear on this issue because there is no national data base on line of work and suicide. Experts also believe that because occupation is not a major predictor of suicide this aspect of life doesn't fully explain why people kill themselves. Since writing, for many authors, is more of a way of life than a profession, and is practiced by a lot of unstable people, it probably is a relevant variable.

     Well-known writers who have killed themselves include: John Berryman, Richard Brautigan, Hart Crane, John Gould Fletcher, Romain Gary, Ernest Hemingway, William Inge, Randall Jarrell, Jerry Kosinski, Primo Levi, Vachel Lindsay, Jack London, Malcolm Lowry, Charlotte Mew, Cesare Pavese, Sylvia Plath, Anne Sexton, Hunter S. Thompson, John Kennedy Toole, David Foster Wallace, and Virginia Wolff. And this list does not include writers like Truman Capote who killed themselves slowly over time with alcohol and drugs.

Friday, October 18, 2024

The Paul Driggers Murder-For-Hire Case

     Paul Driggers knew that if he filed for divorce his wife Janice (not her real name) would fight for custody of their children. Driggers knew that Janice, because of his background of crime which included a ten year stretch in prison, would win that battle. To solve his problem the 53-year-old Idaho man came up with a plan to file for divorce without his wife knowing about it. The idea behind his plan involved winning the divorce suit through his uninformed wife's default.

     In February 2005, after creating a false mail drop address for himself and his wife in Post Falls, Idaho, Mr. Driggers traveled to Bannock County in the southern part of the state where he filed for divorce. His wife, oblivious to what he was up to failed to respond to the court papers sent to the phony address. Through this scheme Paul Driggers divorced his wife without her knowledge. Janice was also unaware that the judge had awarded Driggers full custody of their son and two daughters.

     Although divorced, Paul Driggers and his clueless ex-spouse continued to live under the same roof as man and wife. In September 2005, after pleading guilty to hitting one of his daughters with a belt, the judge sentenced Paul Driggers to 180 days in jail. Shortly after his release he threatened Janice with a handgun. Because he was an ex-felon the mere possession of the weapon was a crime. Drigger denied the allegation and the prosecutor dropped the charges.

     In February 2006, after Janice learned from a social worker that she and the man she was living with had been divorced for a year, threw him out of the house. Because they had engaged in sex under the false pretense of marriage she filed charges of rape. A judge eventually dismissed that case. Driggers, in an effort to recover some of his possessions that included a wall plaque that read: "Families are Forever" sued his ex-wife. He also filed a report with a county child protection agency accusing her of physically abusing their children. The agency responded by taking the children out of the home. With the children temporarily out of the house, Mr. Driggers made his big move. He asked a man he had met in prison if he know of someone who would kill his ex-wife.

     Early in April 2006, acting on his former prison associate's recommendation, Driggers called a man in Hayward, California named Matt Robinson and offered him $10,000 for the hit. Driggers said he would deposit $1,000 in Robinson's bank account to pay for his trip to northern Idaho where they would plan and carry out the contract murder. Matt Robinson, having left Driggers with the impression he would be thinking over the offer, reported the solicitation to the Hayward police who hooked him up with the FBI. After meeting with FBI agents, Mr. Robinson agreed to help the feds by traveling to Idaho as an undercover murder-for-hire operative.

     On April 25, 2006 Paul Driggers and Matt Robinson met in a restaurant in Coeur d' Alene. They discussed, in addition to the murder, a number of criminal schemes including the manufacture of methamphetamine and the counterfeiting of documents to be used in identify theft. Three months later, on July 21, 2006, Mr. Driggers drove his gold Jaguar onto a Lowe's parking lot in Coeur d' Alene. He was there to meet Robinson who was wired for sound. Driggers handed the man he thought would murder his ex-wife another $1,000. The murder-for-hire mastermind promised to pay Robinson the balance of the hit money in $500 monthly installments. Driggers also gave Robinson a photograph of Janice and a handmade map showing how to get to her house in Priest River. The map, carefully drawn and detailed, included suggested escape routes. In order to maintain contact with his hit man as the plot unfolded, Driggers had purchased a pair of walkie-talkies. He also instructed Robinson on how to dispose of the victim's corpse. This murder-for-hire mastermind was leaving nothing to chance.

     Driggers, in explaining to Robinson that killing his ex-wife was the only way he could acquire custody of  his children, anticipated that the police would suspect him of having her murdered. "They don't like me," he said. "They hate me. They'd like to put a needle in my arm...We've already made some mistakes. I don't want to get hurt on this. The first three months of the investigation is going to be intense. They're going to check everything...I'm the green light, but you're driving the car. You have a couple of options. You can keep the money and go home. You can do it and get it done, or try to do it, and if it's too difficult, you can drop it."

     The following day, July 22, 2006, Driggers called Robinson and gave him the final go-ahead for the operation. Ten days later FBI agents who had been keeping track of Driggers arrested him on the charge of attempted murder-for-hire. When informed that his conversations with Robinson had been taped, Driggers surprised the arresting agents by insisting that he was innocent.

     From his Kootenai County Jail cell a week after being taken into custody Driggers, referring to his ex-wife as a "vindictive schizophrenic," said this to a local newspaper reporter: "I'm the one who's really being abused. There's been such a climate of fear and paranoia in my case that any action I take to try and protect my property is determined as a move toward hurting my ex-wife, to physically hurting my ex-wife." A federal grand jury, three weeks after Drigger's press interview indicted him for using interstate commerce to facilitate a murder-for-hire scheme.

     The Driggers murder trial got underway in the federal court house in Coeur d' Alene on January 3, 2007. The defendant, insisting that he was the true victim in the case promised reporters that when jurors heard his side of the story they would find him not guilty. But before he got the opportunity to defend himself on the stand the jurors heard the conversation Matt Robinson had taped in the Lowe's parking lot. After playing the two-hour recording the government rested its case.

     On January 11, 2007, Driggers, wearing a raspberry colored blazer, climbed into the witness box with the intent of portraying himself as the victim. He had been so distraught over the possibility of losing custody of his children he had gone to bed every night under the influence of sleeping pills and booze. "It was hard to get out of bed in the morning because I'd always hear the voices of my children saying, 'Daddy, daddy, we want you to come home.' I lost the purpose of my life. I had no reason to  live."

     In addressing the issue of his murder-for-hire conversations with Matt Robinson, Driggers dismissed them as a "hypothetical" discussions in which he was merely exploring possible solutions to his "predicament." "There's a difference," he said, "between a statement and an agreement. I didn't want to kill her. I was upset about many things happening in my life."

     The jury, following a brief period of deliberation found Paul Driggers guilty of attempted murder-for-hire. The verdict surprised no one. But the case wasn't over. Drigger's attorney, noting that a copy of his client's rap sheet had inadvertently found its way into the jury room moved for a mistrial. The jurors were not supposed to know about the defendant's criminal history. Although only one juror actually looked at the document the judge had no choice but to declare a mistrial.

     The following month Paul Driggers was tried again on the same evidence. The second jury, also requiring little time to deliberate, found him guilty as charged. The judge sentenced Paul Driggers to the maximum penalty allowed under federal law: a $17,000 fine and ten years in prison.

Thursday, October 17, 2024

The Thomas Fritz Murder Case

     Thomas Fritz grew up in Sylvania, a suburb of Toledo Ohio. In 1997 he joined the Ohio National Guard and six years later served a year in Iraq with a Guard military police unit. The 30-year-old graduated from suburban Toledo's Owens Community College in 2004 with an associates degree in criminal justice. His aspirations for a career in law enforcement came to an end in 2006 when, after having sexual intercourse with a woman who had passed out drunk, he pleaded guilty to sexual battery. The judge, who declared Fritz a "sexually oriented offender," sentenced him to one year in an Ohio prison.

     In December 2011 Thomas Fritz moved into a white two-story house in Blissfield, Michigan, a small town in the southeastern part of the state 20 miles northwest of Toledo. The 38-year-old shared the dwelling with his girlfriend, 33-year-old Amy Merrill and her two sons from a previous relationship. Fritz and Merrill also had a toddler of their own. In late June 2012 Merrill ended her relationship with Fritz who continued to reside in the Blissfield house with her and the children.

     Late Friday night on July 13, 2012 there was an altercation in the Blissfield house which at the time was occupied by Amy Merrill, her 24-year-old sister Lisa Gritzmaker and their 52-year-old mother Robin Lynn McCowan. Thomas Fritz opened fire on the family with a rifle, killing Amy Merrill and her sister Lisa Gritzmaker who was 8-months pregnant. The mother, Robin Lynn McCowan was wounded.

     After Mr. Fritz fled the murder scene in his maroon 2002 Honda the wounded Robin Lynn McCowan called 911. Shortly thereafter, Lenawee County prosecutor charged Thomas Fritz with two counts of open murder and one count of assault with intent to commit murder.

     A man Thomas Fritz had worked for owned a remote cabin in Tyler County, West Virginia 80 miles south of Pittsburgh, Pennsylvania. Mr. Fritz had stayed at this cabin before. After murdering his wife and her sister and wounding their mother he headed for West Virginia.

     The Tyler County cabin sat deep in the woods off Cow House Road three miles south of a wide spot in the highway called Sistersville, a village comprised of a store and one gas station. Someone who spotted Fritz driving through town called the sheriff's office. On Tuesday, July 17, 2012 a U.S. Marshal saw Fritz, armed with a rifle, enter the cabin. By nightfall the place was surrounded by U.S. Marshals and Tyler County sheriff's deputies.

     That night while surveilling the place officers heard a gunshot from inside the cabin. After firing teargas canisters into the hide-out officers entered the structure where they found Thomas Fritz dead in a back bedroom with a bullet in his head. Inside the cabin officers found two assault rifles, a shotgun and a gas mask.    

Wednesday, October 16, 2024

Jeffrey Ferguson's One-Drug Execution

      Several years ago anti-capital punishment activists and death house lawyers began making a fuss over the fact that several states had recently executed condemned prisoners with a single toxic drug, pentobarbital. In the past, executioners used a three-drug cocktail. Because the other two drugs were manufactured in countries that opposed the death penalty, these chemicals were no long available for this purpose in the U.S. Since the rope, the electric chair, the firing squad and the gas chamber were no longer execution options, states that still executed perpetrators of the most heinous murders had no choice but to make do with pentobarbital. This fact enraged anti-capital punishment advocates who considered the one-drug send-off as cruel and unusual punishment. But this was nothing new. Capital punishment opponents object to the death penalty, period. They would complain if these ruthless cold blooded killers were tickled to death.

     In Missouri when judges and the governor were confronted with the choice of executing a prisoner with pentobarbital or commuting his sentence to life, they chose the deadly dose. This was not good news for Jeffrey Ferguson, a 59-year-old kidnapper, rapist and murderer who had been living on Missouri's death row for nineteen years.

     At eleven o'clock on the night of February 10, 1989 in St. Charles, Missouri, a suburb of St. Louis, 34-year-old Jeffrey Ferguson and his friend Kenneth Ousley pulled into a Shell gas station not far from Interstate 70. Across the street at the Mobile station a 17-year-old employee named Kelli Hall was out front checking the fuel level in one of the station's underground gas tanks. The teenager caught Ferguson's eye.

     Ferguson, with Ousley in his Chevrolet Blazer, pulled into the Mobile station. Ferguson got out of his SUV, approached the girl and ordered her at gunpoint into the vehicle. The two men, with the girl in the backseat, drove off with the intention of raping and killing her.

     In a remote area a few miles from St. Charles, Ferguson and Ousley tortured, raped then murdered Kelli Hall by shooting her in the head with a .32-caliber handgun. They dumped her body in a farmer's field in Maryland Heights, Missouri.

     Two weeks after the senseless and random lust killing the owner of the St. Louis County farm stumbled across the victim's corpse near a shed. The teenager was naked except for a pair of socks.

     In1993 Kenneth Ousley pleaded guilty to second-degree murder. The judge sentenced him to life with the possibility of parole. Two years later Jefffrey Ferguson went on trial for kidnapping, rape and first-degree murder. Taking the stand on his own behalf the sociopath claimed that he could not have participated in the rape and murder because at the time he was passed out drunk in his truck. This story contradicted the defendant's confession to detectives shortly after his arrest.

     The jury found Jeffrey Ferguson guilty as charged and recommended the death penalty. The judge sentenced him to death in December 1995. (At that time most Americans were wrapped up in the O. J. Simpson double murder case.)

     After he had been in prison for a few years Mr. Ferguson expressed deep remorse for raping and murdering the 17-year-old girl. He also became religious, counseled inmates and helped start a prison hospice program. All the while his team of attorneys appealed his case to the 8th Circuit Court of Appeals and ultimately to the U.S. Supreme Court. They lost all of their appeals.

     Shortly after midnight on March 26, 2014, following a burst of last-minute pleas for a stay of execution, the executioner at the state prison in Bonne Terre, Missouri injected Ferguson with the lethal dose of pentobarbital. While several death penalty sob sisters pointed out in horror that Ferguson did not die quickly, the drug eventually did its job.

     St. Louis County prosecutor Bob McCulloch, in speaking to reporters following the execution, said that Ferguson's good deeds in prison did not make up for what he had done to that innocent teenager. The prosecutor called Ferguson's crime "unspeakable," a word Ferguson's supporters would use to describe his death.

Tuesday, October 15, 2024

The Jared Remy Murder Case

     Jerry Remy played second base for the Boston Red Sox before becoming a Boston area sportscaster. Jerry's son, Jared, a violent man who abused drugs and women didn't succeed at anything. The only thing Jared Remy became known for was beating up his girlfriends. Between 1998 and 2005 police officers arrested him six times for assault and battery. The crimes usually included terroristic threats and destruction of property. Except for a man he attacked in 2001 with a beer bottle, Remy's victims were women.

     Notwithstanding his arrests for violent offenses against vulnerable victims, Jared's only punishment involved relatively short periods in jail. In most instances he got off light because his victims refused to bring charges. And it didn't hurt that his father, as the color analyst for Red Sox games on the New England Sports Network, was well known among sports fans.

     In 2009 Jared Remy lost his job as a security guard at Fenway Park in Boston after he and another guard were implicated in a steroid scandal.

     In 2013 Jared resided with his girlfriend Jennifer Martel and their 5-year-old daughter in a Waltham, Massachusetts townhouse. The 27-year-old Martel worked as an assistant store manager while pursuing a degree in elementary education at Framingham University. On August 13, 2013 Mr. Remy smashed Martel's face into a mirror. She called the police and he was arrested for assault and battery. The next day Remy walked out of the Middlesex County Jail after posting his bond. In light of the attack and Remy's history of violence against women a judge granted Martel an emergency temporary restraining order.

     Just two days after assaulting his girlfriend Jared Remy returned to his townhouse in violation of the restraining order.  In the outdoor patio in front of his daughter and in view of several of his neighbors Remy pulled a knife and stabbed Martel. One of the witnesses, a neighbor named Benjamin Ray, tried to pull the frenzied Remy off the victim. Mr. Ray had to retreat when Remy threatened him with the knife. Several neighbors dialed 911.

     Waltham police officers arrested the blood-covered 25-year-old at the scene. Jennifer Martel died a short time later from multiple stab wounds. This time Mr. Remy would not be released on bail.

     On September 24, 2013 a Middlesex County grand jury indicted Jared Remy for murder as well as several lesser offenses.

     A week after Remy's indictments a reporter with the Boston Herald interviewed Remy at the jail in Cambridge. Staying true to his sociopathic nature, he, with a straight face, denied stabbing Jennifer Martel to death. To the reporter, the serial abuser of women seemed upbeat and enthusiastic about his chances of an acquittal. On a more somber note, the inmate said, "I know my life is going to suck when I get out of here." ( Only a hard-core sociopath, under these circumstances, would talk about how life was going to be bad for him.)

     During the 30-minute interview Remy complained to the reporter that having a famous father was working against him. "You know," he said, "I think we're just like normal people. But if our name was Smith, you'd never see any of this in the newspaper." (If Remy's name were Smith he wouldn't have been free on bail to murder his girlfriend.)

     Following the Martel's murder, state officials took custody of Jared Remy's 5-year-old daughter. The murder suspect's parents petitioned a judge to turn the child over to them. (Jerry Remy, following his son's murder indictment, took a leave of absence from his sportscasting job.)

     Jared Remy in speaking about his daughter with the Boston Herald reporter, said, "If she choses to know me at some point and wants to see me, that's fine. If she doesn't, that's fine too. I just want her to be happy. I love her. I want her to go to high school, I want her to go to college, I want her to have everything in life she deserves." (In true narcissistic form, it was all about what Remy wanted.) "She's in a good place. She has a dog to play with, which makes me happy, because she loves animals. I'm happy she going to be a veterinarian one day."

     Regarding the inmate's parents who had tried to visit him (he had declined to see them), Remy, said, "I'm sure they're not thrilled with me right now." 

     At his October 8, 2013 arraignment Jared Remy pleaded not guilty to all charges.

     In the aftermath of Jennifer Martel's brutal and predictable murder, Middlesex County District Attorney Marian Ryan came under criticism for her handling of the case.

     In May 2014 Jared Remy pleaded guilty to first-degree murder. The judge sentenced him to life without the chance of parole. Following the sentencing Remy said, "Blame me for this, not my family."(Who in the hell was blaming his family?)

Monday, October 14, 2024

Killing Giggles

     In early July 2013 a family living in Illinois across the state line from Kenosha, Wisconsin rescued a baby fawn that had been abandoned by her mother. The animal lovers who discovered the deer in their backyard called the Society of St. Francis Animal Shelter in Kenosha. Personnel at the no-kill shelter agreed to take custody of the abandoned deer.

     An unidentified busybody shocked that the shelter housed a wild animal without the required state-issued permit alerted the Wisconsin Department of Natural Resources (DNR). After the agency received the anonymous tip DNR agents dedicated to maintaining the peace and dignity of the great state of Wisconsin sprang into action. Rather than one agent simply driving out to the shelter to inform the St. Francis personnel that they needed to acquire a permit for the baby deer (the day will come when we will have to get government permits for everything) DNR agents assigned to the case arranged for aerial photographs of the animal shelter and the contraband deer.

     Employees of the rogue animal shelter had named the 35-pound fawn "Giggles" because of the sounds she made.

     On July 15, 2013 a heavily armed squad of nine DNR agents accompanied by four deputy sheriffs rolled up to the Society of St. Francis Animal Shelter in several police vehicles. Did these officers expect armed resistance from the shelter workers? 

     As the DNR agents began executing their search warrant, confused and concerned shelter employee were corralled near a picnic area. A false move at this point could have gotten one of them killed. This was serious business.

     The woman in charge of the shelter under siege informed one of the agents that Giggles was being taken the next day to a wildlife reserve. This relevant information fell on deaf ears. Armed law enforcement warriors on important crime-fighting missions do not allow distractions from interfering bystanders.

     Not long after the armed invasion of the animal shelter, a DNR agent walked out of the barn with a body-bag thrown over his shoulder. Giggles, still alive, was in the sack. One of the outraged shelter workers who assumed the agent had killed Giggles asked why he had killed the fawn. (Giggles was tranquilized and dispatched by government officials later that day.)

     The  DNR agent, in response to the obvious question of why, said, "That's our policy." Of course, policy! That explained everything. The government has its policies and we have to shut up and live with those policies. What would a citizen know about policy?

     The animal shelter employee, obviously not impressed with the DNR policy of armed animal shelter raids in search of unlicensed baby deer scheduled for execution, said, "That's one hell of a policy!"

     Following the militaristic raid and execution of Giggles, shelter worker Ray Schultz said this to a local reporter: "I spent 22 years in the Air Force and two years in Vietnam and I've never seen such totally unnecessary, senseless cruelty."

     Cindy Schultz, the president of the Society of St. Francis Animal Shelter described the DNR raid to a reporter: "This was like the Gestapo coming in. Giggles didn't pose any threat. She was petrified. She wasn't even sick. There was no reason to kill her."

     It's bad enough that we have to live under the control of a growing army of mindless bureaucrats blindly enforcing stupid and unnecessary laws and regulations. It's even worse that these people have guns and operate under the delusion they are keeping America safe.

Sunday, October 13, 2024

The Dr. Robert Ferrante Poison Murder Case

     In 2013 Dr. Robert Ferrante and his wife Dr. Autumn Klein lived with their 6-year-old daughter in the Oakland section of Pittsburgh, Pennsylvania. Dr. Ferrante held the positions of co-director of the Center of ALS Research and visiting professor of neurology at the University of Pittsburgh Medical School. Dr. Klein, with offices in Magee-Woman's Hospital in the Kaufman Medical Building, was chief of women's neurology at the University of Pittsburgh Medical Center (UPMC) and an assistant professor of neurology, obstetrics, gynecology and reproductive services at the University of Pittsburgh.

     Dr. Ferrante, twenty-three years older than his wife, met her in 2000 when they lived in Boston where she was a medical student and he worked at a hospital for veterans. They were married a year later. In 2010 Dr. Ferrante left his job at Harvard Medical School and Massachusetts General Hospital to join the University of Pittsburgh's neurological surgery team. Dr. Klein moved to Pittsburgh with him.

     Dr. Klein, who was forty-one, was having difficulty getting pregnant with her second child. Her 64-year-old husband had been encouraging her to take a nutritional supplement to help her conceive. On April 17, 2013 Dr. Ferrante sent Autumn a text message in which he inquired if she had taken the supplement. She wrote back: "Will it stimulate egg production, too?" Nine hours after Dr. Klein sent that message she collapsed in the kitchen of the couple's Schenley Farms home.

     Emergency personnel rushed Dr. Klein to the University of Pittsburgh Medial Center (UPMC) in Oakland. On the kitchen floor next to her body paramedics noticed a bag of white powder later identified as Creatine, a nutritional supplement. Shortly after the patient was admitted into the hospital a UPMC doctor ordered tests of her blood. When a preliminary serological analysis revealed a high level of acid, the doctor ordered toxicological tests for cyanide poisoning.

     Dr. Klein died on April 20, 2013. Three days later, at Dr. Ferrante's insistence, her body was cremated. As a result there was no autopsy.

     Dr. Karl Williams, the Allegheny County Medical Examiner, based on the toxicology reports determined that Dr. Klein had died of cyanide poisoning. The forensic pathologist ruled her death a homicide.

     Cyanide kills by starving the cells of oxygen. A lethal dose for a human can be as small as 200 milligrams--1/25th the size of a nickel. The poison acts fast and metabolizes quickly. The toxic substance can be undetectable from one minute to three hours after ingestion. Had samples of Dr. Klein's blood not been taken upon her admission to UPMC, there would have been no physical evidence of poisoning beyond the contents of the bag of white powder found lying on the victim's kitchen floor.

     Two weeks after Dr. Klein's death detectives with the Pittsburgh Police Department launched a homicide investigation with Dr. Ferrante as the prime suspect. Officials at UPMC placed the neurologist on leave and denied him access to his laboratory. A police search of the lab resulted in the discovery that 8.3 grams from a bottle of cyanide was missing. Detectives learned that Dr. Ferrante had purchased a half-pound of the poison on April 15, 2013, two days before his wife collapsed in their home. Dr. Ferrante had used a UPMC credit card to buy the cyanide and had asked the vendor to ship it to his lab overnight. Detectives believed the suspect, in his laboratory, mixed the cyanide--a substance not related to his work--into the dietary supplement.

     According to friends of the victim, Dr. Ferrante had been a controlling husband who was jealous of his wife's fast-rising career. Moreover, he suspected that she was having an affair with a man from Boston. Dr. Klein had told friends she was planning to leave the doctor. Another possible motive involved the fact Dr. Ferrante did not want his wife to have another child.

     On April 13, four days before she fell ill, Dr. Klein sent one of her friends a text message regarding a trip she planned to take to Boston by herself. In that message she wrote: "Change of plans. Husband is coming to Boston. Told me 'to keep me out of trouble.'"

     "Oh, dear," replied the friend. "Did you know you were in trouble?"

     "I feel like I have been in trouble for a long time now," Dr. Klein answered.

     On July 24, 2013 an Allegheny County prosecutor charged Dr. Robert Ferrante with first-degree murder. The next day, as Dr. Ferrante drove back to Pittsburgh from St. Augustine, Florida a West Virginia state patrol officer arrested him on I-77 near Beckley. According to the doctor's attorney William Difenderfer, his client was on his way to surrender to the Pittsburgh police.

     Dr. Ferrante's arrest for the murder of his wife caused him serious financial problems. Except for $280,000 the suspect was allowed to use for legal expenses and a possible fine, a judge seized his assets. In August 2013 his 6-year-old daughter's maternal grandmother who was caring for the girl in Maryland petitioned a family court judge for child support.

     The Ferrante murder trial got underway on October 20, 2014 in Pittsburgh, Pennsylvania. Following jury selection the attorneys for each side presented their opening statements. Assistant Allegheny County District Attorney Lisa Pelligrini asserted that the defendant had murdered his wife because she wanted to have a second child. The prosecutor also said that Dr. Ferrante thought his wife was having an affair.

     Defense attorney William Difenderfer pointed out the circumstantial nature of the prosecution's case, inconsistent crime toxicology reports regarding cyanide in Dr. Klein's blood, and an absence of an autopsy.

     Dr. Christopher Holstege, a University of Virginia professor and the author of the text, Criminal Poisoning, Clinical and Forensic Perspectives took the stand as the prosecutor's key expert witness. Dr. Holstege testified that the victim's symptoms ruled out everything but cyanide poisoning.

     Defense attorney William Difenderfer put three forensic experts on the stand. Dr. Robert Middleberg, vice president of a private crime lab in Willow Grove, Pennsylvania said tests at his facility of Dr. Klein's blood were inconclusive.

     Dr. Middleberg's testimony was backed up by Dr. Shaun Carstairs of the Naval Medical Center in San Diego and former Allegheny County Coroner Dr. Cyril Wecht. Dr. Wecht, a forensic pathologist, had testified in dozens of celebrated murder cases around the world.

     As his last witness, Diffenderfer, in a surprise and risky move, put the defendant on the stand to testify on his own behalf. As could have been anticipated the prosecutor's blistering cross examination revealed numerous inconsistencies in Dr. Ferrante's statements to the authorities.

     On Friday November 7, 2014 the jury found Dr. Ferrante guilty of first-degree murder, an offense in Pennsylvania that came with a mandatory sentence of life without parole.

     Through his appellate attorney Chris Eyster, Robert Ferrante appealed his conviction on the ground that the prosecution had not had sufficient probable cause for the search warrant that produced evidence that incriminated his client. The lawyer also raised questions regarding the laboratory that concluded that the victim had been killed by poison.

     In September 2016 Common Pleas Judge Jeffrey Manning upheld the Ferrante conviction.

     In October 2017 appellate attorney Chris Eyster petitioned a three-judge Superior Court panel to grant Robert Ferrante a new trial. According to Mr. Eyster, Dr. Autumn Klein's post-mortem kidney donation could not have taken place had the organ been irreparably damaged by poison. The lawyer also attacked the reliability of the toxicological tests performed by Quest Diagnostics. In his motion Chris Eyster argued that the Ferrante prosecution failed to reveal before the murder trial that a Quest subsidiary, the Nichols Institute, paid a $40 million fine for a 2009 federal misbranding conviction, and $241 million more to settle the related litigation. Quest/Nichols, according to federal prosecutors in that case sold misbranded tests to various laboratories that were unreliable.

     When the Superior Court judges denied Ferrante's appeal, his attorneys filed a series of new appeals based upon inadequate counsel. In August 2019 Common Pleas Judge Jeffrey manning dismissed most of these appeals but ruled that Ferrante's argument that his trial attorneys had erred when they withdrew his request for a jury drawn from outside Allegheny County had enough merit to justify a hearing.
     In May 2021 the appellate judge denied Ferrente's petition for a new trial. The 73-year-old is serving his life sentence at the State Correctional Institution at Houtzdale, Pennsylvania.

Saturday, October 12, 2024

The Matthew Hinson Murder Case

     William C. Pettry lived with his wife and three children 50 miles from Chicago in Lake Villa, Illinois. On Friday, October 7, 2012 the 42-year-old self-employed contractor and his best friend, Nick Viverito, flew to Jacksonville, Florida from Milwaukee to attend a Sunday Chicago Bears-Jacksonville Jaguars pro football game.

     On Saturday, the night before the game, Pettry and his 42-year-old friend were eating and having drinks at an upscale Irish restaurant called Fionn MacCools located near their hotel. Around midnight Pettry and Viverito were sitting at a table on an outside patio visiting with other Chicago Bears fans. Matthew Hinson, his wife and another woman, people who lived in the area were nearby waiting for inside seating. The two men from Illinois exchanged smalltalk with the 28-year-old Hinson and the two women with him.

     Shortly after Matthew Hinson, his wife and the other woman walked inside the restaurant to their table William Pettry walked into the bar to get more drinks. When he didn't return to the patio after twenty minutes his friend began to wonder where he was. About this time a waitress approached Viverito and said, "Hey, your friend, he's not breathing at the bar. He's full of blood." Viverito ran into the restaurant where he found William Pettry on the floor bleeding profusely from his neck. Nurses who happened to be dining at the restaurant were trying to stop the bleeding and resuscitate the seriously wounded man. William Pettry bled to death on the floor of the bar.

     According to witnesses, Matthew Hinson, using a small pocketknife had slit Pettry's throat, then walked out of the restaurant. The two men had been sitting on a bench when Hinson stood up, pulled out his knife and ran the blade across Mr. Pettry's neck. As he left the place Mr. Hinson made a cutting motion across his throat with his finger. Jacksonville police officers stopped his car as he was pulling out of the parking lot. Following a brief scuffle they took him into custody.

     Matthew Hinson admitted to the arresting officers that he had killed the man in the bar with his pocketknife. Angry words had not been exchanged between the two men. The attack had been entirely by surprise, and unprovoked. While Hinson didn't tell the police why he had murdered a total stranger, witnesses informed the officers that he had attacked Pettry out of jealously and rage. He didn't like the fact the victim had spoken to his wife. The murder had nothing to do with sports rivalry.

     Matthew Hinson, charged with criminal homicide, was held in the Jacksonville County Jail without bond. In speaking to reporters county police Lieutenant Rob Schoonover said, "Hinson calmly and in cold blood cut the victim's throat and walked out of the restaurant." In 2006 Mr. Hinson had pleaded no contest in Florida's Clay County to driving under the influence. Beyond that he had no criminal record that anyone could find.

     On Saturday, October 13, 2012, current and former Chicago Bears team members held a fundraiser for the Pettry family. The proceeds came from the auctioning of Bear-related sports memorabilia.

     In crime fiction, because murder is such a deviant and evil act, murderers are either motivated by extreme hatred, greed or lust. But in real-life so-called spontaneous murders--killings without corresponding motivations--are common. They are committed by homicidal time bombs like Matthew Hinson.

     On May 21, 2013 two months before his trial date Hinson pleaded guilty to second degree-murder. At his sentencing hearing on July 18, 3013 his attorney, public defender Kate Bedell, told Circuit Judge Suzanne Bass that his client suffered from post-traumatic stress disorder and alcohol abuse.

     The judge sentenced Matthew Hinson to life in prison.