Saturday, December 31, 2011

The Serial Arsonist: Burning Hollywood

     Robbers and thieves commit their crimes for financial gain. Arsonists, on the other hand, set fires for a variety of reasons. As a result, motive and criminal profiling is an important lead in arson investigations. Regarding motive, unlawful firesetters generally fall into one of two categories: rational and irrational. The rational arsonists can be put into two groups: people who set fires for direct gain, and those who do it for indirect benefit or gain. Direct gain arsonists torch their homes, cars, and businesses for the insurance money. (Jaunuary is usually a busy month for these people.) The indirect gain fire is set, for example, as retaliation, revenge, competitor elimination, or to cover-up another crime such as homicide. People who set fires for reasons that make sense are usually not repeat offenders. If they do repeat their crimes, it's rarely more than twice.

     Arsonists who are irrationally or pathologically motivated are almost always young men. They are powerless losers who are mad at the world. They set fires to get even with society, to experience feelings of power, to play the role of hero, and in a small percentage of cases, for sexual gratification. Many of them have had problems at school, with their parents and with the police. Some are mildly retarded, others have mental health problems. Older pathological firesetters often have drug and/or alcohol addictions.

     Because the vast majority of serial arsonists are pathological firesetters who have no regard for human life, they are the most dangerous. Unlike rational firesetters, they tend to hang around the fire scenes soaking up the excitement they have created. When taken into custody, they should be interrogated by arson investigators trained and experienced in questioning this type of suspect. For the pathological arsonist, the bigger the fire the bigger the rush. Serial arsonists have been know to set several fires in one night.

     In California, a serial arsonist set 15 fires in Hollywood and 4 fires in neighboring West Hollywood during the early morning hours of Friday, December 30, 2011. Dozens of residents were rousted from their homes. The only injury involved a firefighter who fell while battling one of the blazes. Many of the structural fires were started when the arsonist set fire to vehicles parked nearby. All of the firess were set in an area of four square miles.

     In 2008 and 2009, in and around Coatesville, Pennsylvania in the eastern part of the state, a group of arsonists set 23 fires. One of the arsons killed an 83-year-old woman. Dozens of homes were destroyed, and many residents were displaced. In 2009 the police arrested five arsonists. The oldest, a 25-year-old volunteer firefighter, had responded to his own fires. The rest were young, unemployed men with histories of mental illness and problems with the law. One of the firesetters, a 19-year-old misfit, matched the classic profile of a pathological arsonist. He set a number of copy cat house fires simply for the excitement. The fact these dwelling were occupied at the time only enhanced his experience.

     When the police apprehend the California arsonist, it will be interesting to see how closely he matches the profiles of the Coatesville firesetters.

UPDATE: "I hate America."

     The authorities, on January 2, charged 24-year-old Harry Burkhart with setting more than 50 fires in Hollywood, West Hollywood and in the San Fernando Valley. From Frankfurt, Germany, Burkhart had been upset over his mother's immigration problems. He had recently attended her hearing in immigration court. When taken into custody, Burkhart reportedly said, "I hate America." He is being held in the Los Angeles County Jail without bail. Since his arrest, there have been no further arson fires.

     Burkhart and his 53-year-old mother Dorothee came to the United States from Neukirchen, Germany in October 2011. Just before leaving Germany their house went up in flames. Arson investigators, after locating to separate points of origin, suspect the fire had been intentionally set to defraud the insurance company. In Germany, Dorothee Burkhart has been charged with 19 counts of fraud, crimes unrelated to the house fire. One of the counts involves defrauding the surgeon who had enlarged her breasts.

     A few weeks ago, police in Los Angeles pulled Dorothee Burkhart over for a traffic violation. The traffic stop led to her recent appearance in immigration court. The prospect of being deported apparently set off Harry Burkhart's firesetting spree.  Dorothee and her son have been living in an apartment in Hollywood.

UPDATE

     Before coming to the U.S., Burkhart and his mother resided for awhile in Vancouver, Candada. In March 2010, a Vancouver team of psychiatrists, in connection with a civil court case, examined Harry Burkhart. The battery of shrinks diagnosed him as suffering from autism, severe anxiety, post-traumatic stress disorder, and depression. The police in Vancouver, in the wake of the LA fires, are looking into the possibility that he set a series of fires in that city. A German national, Burkhart was born in Chechnya.

Friday, December 30, 2011

Whackademia: Nutty Professors 4

Give 'Em Hell, Professor

     Southern Indiana University Theater Professor Robert Broadfoot yelled as some of his students, allegedly calling one of them the "B-word." (I presume that stands for bitch rather than butthead, bumpkin, or bastard.)  Frustrated that some of his students were lax about their assignments, and didn't seem to care about the course, Professor Broadfoot, according to a report in the school newspaper, "made aggressive gestures and used bad language." One of Broadfoot's students reportedly said, "I don't think it was necessary, I think everyone has their problems...but he shouldn't take it out on his students, it's not fair." Poor thing. Wait until you get into the real world. Perhaps the professor was taking out his problems on his students because they were his problem. Another theater student thought it was "inappropriate" for the professor to be singling out those who weren't performing (pun intended) in class. If this complaintant gets a job, he or she may be in for a shock. One way to avoid being singled out is to do your work.

     I taught 32 years, and had criminal justice majors who wanted to be police detectives and FBI agents complain that they couldn't find me when they needed something signed. I yelled at students, and rarely missed an opportunity to humiliate them. I didn't do this to prepare them for real life, I did this to prepare them for college. I also enjoyed it. (Just kidding, I think.) Unlike poor Professor Broadfoot, I managed not to get myself fired. Kids who want to be cops and kids who want to be on stage are obviously different. Had I been in the theater department, I wouldn't have lasted a week.

Dumbing Up

     Professors really don't like to be fired. It's undignified, and shatters their exhalted self images. As a result, in academia, wrongful terminations lawsuits are not uncommon. What is uncommon, however, is a plaintiff/professor who prevails in one of these cases.

     In November, former New York University Professor Jose Angel Santana sued the school after they denied him reappointment in August 2011. According to Santana, he had been fired because of his Cuban and African American heritage. Hired in September 2008 as an assistant visiting professor in the acting school with an annual salary of $70,000, Santana claims he was discriminated against because of his race and color. But the plaintiff didn't leave it at that. According to the suit, the straw that broke the camel's back involved the grade Santana had given to a student in his graduate class called, Directing the Actor II. It was this claim that brought Santana and his suit into the national news. The D-grade that sent Santana packing had been given to the famous actor, James D. Franco. Oh boy.

     According to Santana, Franco had only attended two of the courses' fourteen sessions. This gave the professor no choice but to give Franco, in the spring of 2010, the bad grade. Despite the D, Franco, the holder of a Master's Degree of Fine Arts from Columbia, earned his Master's Degree from NYU's Film Production Department. Currently pursuing a Ph.D in English at Yale, Franco is now on NYU's Tisch School faculty, teaching a course on adopting poetry into film. (Huh?) So, the student who got the D is teaching at the school that fired the professor who gave it to him. No wonder the ex-professor is in such a snit. But wait, in this academic drama, there is more.

     According to plaintiff Santana, Mr. Franco has rubbed salt into his wound by making disparaging remarks and inaccurate statements about him in public. For one thing, Franco has called Santana's course an "acting class" when it was in fact a directing class. Santana says he didn't give Franco a D for bad acting, but for missing class. In other words, Mr. Santana wasn't grading Mr. Franco's acting ability, he was grading his attendance ability. Mr. Franco wasn't a bad actor, he was just a bad attender.

     I'm lucky that before I retired none of the students I gave Ds to got rich and famous. I didn't have many bad actors, but I did have my share of bad attenders.

Contributing to What ?!

     In Menlo Park, California, Stanford University Professor Bill Burnett and his wife Cynthia hosted a party for their son and 44 high school students. (What were they thinking?) The kids were celebrating the last football game of the season. The parents had made it clear that alcoholic beverages were prohibited. Well, as you can imagine, booze found its way into the Burnett house. When the basement party got loud and a neighbor complained, police entered the house, found the alcohol, and hauled the professor and his wife off to jail in handcuffs. Charged with 44 counts of contributing to a minor's delinquency, Professor Burnett faces up to a year behind bars.

     While it is not unreasonable to assume that these 44 students are being taught or coached by at least one pedophile who will never see the inside of a jail cell, it's professor Burnett and his wife who have criminally endangered the welfare of these kids. If the Burnetts are guilty of anything, it's stupidity. If they hadn't hosted the party, the kids could have gotten drunk in a Walmart parking lot. In law enforcement it's not about arresting the right people, it's about arresting who you can.

Anger Mismanagement in High Education

     In 2007 police arrested a New Hampshire professor who threatened to kill a colleague for turning him in for a parking violation that resulted in a ticket. Because the university alerted its staff to report the threatening professor if he stepped on compus, he sued the scholl for defamation. The plaintiff lost his case at the trial level, and lost again on appeal. The court battle took two years to resolve. And it was all over a parking ticket. Welcome to academia.

     In 2010, a then professor of criminology and sociology at Anna Maria College in Paxton, Massachusetts, using a variety of Facebook usernames, threatened to kill a New Orleans police officer. The 58-year-old professor, in accusing the officer of raping his girlfriend in 2007, urged to officer to "own up to what you did," and hinted of having friends in a Hell's Angels biker gang pay him a visit. In December 2011, a federal judge, after the professor had pleaded guilty, fined him $5,000 and sentenced him to three years probabion.




       

Thursday, December 29, 2011

The Case of the Stray Bullet

     On Friday night, December 16, a 15-year-old Amish girl named Rachel Yoder, while on her way home in a horse-drawn buggy from a Christmas party at an Amish produce farm, fell dead out of the rig with a bullet in her head. She died not far from her central Ohio home in Wayne County. The girl's brother found her when he saw the horse walking around her body. The Summit County medical examiner, without the benefit of an investigation, ruled the death a homicide. This manner of death ruling triggered speculation the girl had been murdered at the behest of Bishop Sam Mullet, the cult like leader of the band of renegade Amish outlaws recently charged with a series of Ohio home invasion, hair-cutting felonies. (See: "Bishop Sam Mullet: Amish Outlaw," November 25, 2011.)

     A few days after Rachel Yoder's death, the local sheriff announced she had been killed by a stray bullet fired a mile and a half away by a young Amish man cleaning is muzzle-loading rifle. (A rifle loaded through the muzzle end of the barrel. I don't know if this gun was a modern replica or an antique.) The Amish girl's death, according to the gun cleaning theory, was simply a freak accident. The sheriff says he has not ruled out a negligent homicide charge. (Such a charge would be ridiculous. If the Amish man had been clearning his gun in Starbucks, that's one thing, but in Amish country?)

     You could drive around the most violent neighborhoods in Philadelphia, Los Angeles, Miami, and Detroit twenty-four hours a day for twenty years, and never catch a stray bullet. Rachel Yoder had been riding in her buggy in the country, a bullet (I don't know the caliber) fired a mile and a half away not only found her, it killed her. For me, that's hard to believe. After traveling that far, a bullet, particularly one fired from a muzzle-loader, loses its velocity and the force to become deadly. This theory of Rachel Yoder's death is so farfetched, a writer who put such a scene into a mystery novel would be laughed out of the business. But, if a firearms identification expert matches the fatal bullet to the Amish man's rifle, then this is what happened.

     One of Rachel Yoder's Amish neighbors was quoted as follows: "We can't understand how it could happen, but I guess it was the Lord, maybe. Her time was up is what we think." I'll tell what I think--on second thought, I better not, other than to say I don't subscribe to that line of reasoning. In my view, if Rachel Yoder was not murdered, she died of extreme bad luck.

UPDATE

   On September 11, 2012, 28-year-old Marion Yoder pleaded guilty to negligent homicide. The Holmes County judge sentenced the Amish man to six months in the county jail, but suspended all but 30 days of the term.  Because I can't imagine a jury convicting this man of negligent homicide, I don't see the wisdom in the guilty plea. While the level of negligence in this case might support a civil wrongful death action, it does not rise, in my view, to criminal recklessness. Putting a man in jail for a freak accident is not my idea of criminal justice. 

Wednesday, December 28, 2011

Reckless Writing: Crimes Against Language

     In the world of sloppy crime reporting, guns shoot "rounds," indictments are "squashed," homes are "robbed," crime scenes are investigated by "criminologists," and negligent drivers are charged with "wreckless driving." Also, criminal suspects are "allegedly arrested."

     Rifles and handguns shoot bullets, not rounds. The bullet is the projectile, the round is comprised of the bullet (usually lead made from a used car battery) and the cartridge case which contains the gun powder. The round is the whole package. In semi-automatic handguns--pistols--cartridge cases are automatically ejected, and can become crime scene evidence. In revolvers, cartridges remain in the handgun. The term "firearm" generally applies to revolvers and pistols.

     Criminal indictments, "true bills" handed down by grand juries, are quashed. Bugs are squashed. An indictment is an early step in the criminal justice process which merely indicates there is enough evidence to justify moving the case forward to the trial stage. Indicted subjects are still presumed innocent.

     Since the crime of robbery is theft by force or threat of force, a crime against persons--homes and cars cannot be robbed. Homes can be burglarized. Burglary is an unlawful intrusion into a dwelling or occupied structure motivated by the intent to commit a crime--usually theft. It is a crime against property. Cars are broken into for purposes of theft.

     Reporters often use "murder" and "arson" inappropriately. These are legal terms. An intentionally set fire--an incendiary fire--is not an arson until someone is found guilty of unlawfully setting it. A killing or homicide becomes murder after someone is found guilty of unlawfully, and intentionally, taking a life.

     A criminologist is a sociologist interested in criminal subgroups such as juvenile delinquents, prison inmates, or prostitutes. They are usually academics who think about the causes of crime, and invent terminology crime writers consider mealy-mouthed and vague such as "anti-social behavior" which runs from first-degree murder to a burp in church. Criminalistics (an unfortunate term coined in 1947 by Dr. Paul Kirk), refers to a form of forensic science practiced by crime scene investigation experts interested in latent fingerprints, blood stains, bullets, cartridge cases, tire tracks, and other types of physical evidence commonly found at the scenes of crime. Criminalists analyze physical evidence for the purpose of interpreting the crime scene and identifying the people who were there. Criminologists are usually found in the classroom, criminalists are found at crime scenes, in crime labs, and in courtrooms.

     A wreckless driver is a careful one who has not had a wreck. A grossly negligent driver can be charged with reckless driving.

     Criminal suspects who are taken into custody have not been allegedly arrested. The arrests are facts. Until proven guilty, they are the alleged perpetrators of the charges against them.

     Not to sound like a fuddy-duddy (I don't even know if that's a word), it would be nice if journalists who cover the U. S. Supreme Court would quit calling the nine justices the "supremes." It makes me think of the motown singing trio.   

Tuesday, December 27, 2011

The Cost of Free Speech: Watch What You Say About Iowa

     A sickening combination of political correctness, cultural touchiness, and the profit motive has killed the kind of rough and tumble journalism once practiced by H. L. Mencken and the recently deceased Christopher Hitchens. It's been replaced by the kind of feel-good public relations slop you see on morning TV. Today, a journalist takes a risk attacking anyone other than a politician or a celebrity. (I don't have a problem mocking and exposing politicians and celebrities, but why just them?) Stephen Bloom, a journalism professor at the University of Iowa, recently said some unflattering things about certain lower class Iowans. It's the kind of writing you rarely see anymore, especially from a professor. (If free speech has an arch enemy, it's the university.) The professor from Iowa is now paying the price for speaking his mind in print.

     In an essay Stephen Bloom wrote called, "Observations From 20 Years of Iowa Life," published on December 9 on "The Atlantic" magazine website, Bloom, in questioning whether Iowa was worthy of being the nation's first caucus state, portrayed certain Iowans in a pretty bad light. For example, he says the rural citizens of the state "...are often the elderly waiting to die, those too timid (or lacking education) to peer around the bend for better opportunities, an assortment of waste-toids and meth addicts with pale skin and rotted teeth, or those who quixotically believe, like Little Orphan Anne, that 'the sun'll come out tomorrow.' Bloom described the municipality of Keokuk as a "depressed, crime-infested slum town," and other Iowa communities as "skuzzy" and "slummy." Ouch.

     As could be expected, Bloom's opinions and observations angered and offended many people, including some of his fellow journalism professors, current and former students (particularly those from Keokuk I'd imagine), the university administration, local politicians ( pandering idiots who I am sure share Bloom's opinion of these "hard-working Americans"), and of course, rural Iowans with bad teeth and a drug habit.

       In response to his description of the lower rung of Iowa's socio-economic ladder, Professor Bloom has received threatening emails which have sent him into hiding until the firestorm of indignation burns itself out. (Next fall he is scheduled to teach a semester at the University of Michigan.) In discussing his situation to a media blogger, Bloom said, "...I don't want some of those crazy people who are reading everything they want into my story to know where I am." To avoid adding fuel to the fire, Professor Bloom has turned down offers to appear on several cable TV news shows. (I don't blame him. Who wants to be spit on by a red-faced talking machine like Chris Matthews?)

     Bloom's incendiary essay comes at a time when the University of Iowa's master's degree program in journalism is in trouble. (Not to be confused with Iowa's famous Writer's Workshop.) The program lost its accreditation last year because it lacked a sufficient number of students. The undergraduate program, not doing well either, is operating on provisional accreditation. David Perlmutter, the director of the journalism school, is worried that the Bloom flap will dissuade prospective journalism majors from applying to the program. Perhaps the director should worry about the message this firestorm is sending to students already enrolled in the crippled (should I use that word?) journalism program.

     To his credit, Perlmutter said this to the "Des Moines Register," "I'm nobody's editor. I'm nobody's publisher. We don't want the kind of system where somebody has to send me something before it gets published, and I'm supposed to censor it...."

     The president of the university, Sally Mason, apparently not a big fan of fee speech, sent an open letter to "The Atlantic" disowning Professor Bloom and his essay. "Please know that he does not speak for the University of Iowa." If Iowans didn't already know this, Bloom had described them correctly. With a degree of pandering one can expect from a university president (these people are worse than politicians), Mason laid it on: "What defines Iowans are their deeds and actions and not some caricature." If this piece of puiblic relations crap had been written by a graduate of the school's journalism program, the program should be shut down.

     Professor Bloom has attributed all the fuss to the state's need to protect its first-in-the-nation caucuses. "There's a financial incentive for the Iowa media not to rock the caucuses' boat," he said. "Political advertising means revenue for newspapers, TV and radio stations."

     Fortunately for Professor Bloom, he's tenured. (I'm usually not a fan of tenure--professors should be fired like everyone else--but in this case, I am.)

       

Monday, December 26, 2011

Favorite Crime Movies

     After my wife and I saw "Sherlock Holmes 2: A Game of Shadows," a film I expected to enjoy but didn't (See: "The Case of the Stupid Movie," December 18, 2011), I got thinking about some of the crime films I do like. These are flicks I've watched more than twice. They are, in no particular order:

Fargo (1996)
     Set in North Dakota and Minesota, this dark comedy features a car salesman who arranges to have has wife kidnapped for ransom, and a pregnant, small town police chief who investigates a pair of highway murders. Any film that has one killer stuffing another into a woodchipper can't be bad. This flick works on all levels.

The Informant (2009)
     A fact-based comic drama about a pathologically lying FBI whistle-blower in the mid-1990s Archer Daniels Midland lysine price-fixing conspiracy. The film is an adaptation of journalist Kurt Eiechenwald's 2000 book of the same name. Matt Damon, the whistle blowing company embezzler, is brilliant as a stiff from Indiana with a background in science who gets in over his head.

Insomnia (1997)
     A psychological thriller, set in a small Alaskan town near the Arctic Circle, about a true crime novelist (Robin Williams) who murdered a high school girl, and the world-weary Los Angeles Detective (Al Pacino) out to arrest him. The exhausted cop (who can't sleep because the sun never sets), tries to cover-up the accidental shooting of his partner by switching ballistics evidence. A riveting small town tale set in a northern wilderness.
    
One Hour Photo (2002)
     This tense, leisurely paced psychological drama features a lonely and alienated box store camera film developer (Robin Williams) who develops a pathological fixation on a man, his wife and their boy who he thinks is the ideal American family. His disillusionment triggers an event that leads to his undoing. This film is more about mood and the comparitive bleakness of one man's life than it is about criminal violance.

Se7en (1995)
     A gritty detective yarn featuring a pair of homicide investigators (Brad Pitt and Morgan Freeman) trying to identify and stop a serial killer whose victims have violated one of the seven sins of gluttony, envy, lust, pride, sloth, greed, and wrath. In the end, the young detective is faced with a sickening dilemma pertaining to the sin of wrath. This film is as graphic and good as it is brutal.

The Departed (2006)
     Set in Boston, Massachusetts, the rise and bloody fall of Irish crime boss Francis Costello (Jack Nicholson). The film features two state cops (Leonardo Di Caprio and Matt Damon), one corrupt and the other working undercover to identify him. Loosely based on the life of the real Boston mobster, Whitey Bulger who, after years as a fugitive, was recently arrested in California. A great film with a lot of big stars in big roles.

Donnie Brasco (1997)
     In the 1970s FBI agent Joe D. Pistone infiltrated the Bonanno crime family in New York. The agent's (Johnny Depp) undercover stint led to the conviction of dozens of Mafia figures. The FBI pulled the agent, using the name Donnie Brasco, off the case just before his cover was blown. A realistic depiction of a crime family, its hiearchy, and the type of people who become "made" men.

Goodfellas (1990)
     Unlike "The Godfather" that in some ways romanticizes and glorifies the Mafia of the 1940s and 50s, the wiseguys portrayed in "Goodfellas" are realistically portrayed as violent vulgarians in cheesey suits. The film is based on the true story of Henry Hill (Robert De Niro), the Irish hood from Brooklyn who masterminded the 1970s multi-million dollar Air France heist at JFK. In the end, drugs, greed and recklessness bring down this crew of fascinating degenerates. An adaptation of Nicholas Pileggi's 1986 book, "Wiseguy."

Pulp Fiction (1994)
     This Quentin Taratino, Los Angeles noir classic, features a pair of philosophizing hitmen (John Travolta and Robert Jackson), a boxer (Bruce Willis) on the lamb because he didn't throw a fight, and an underworld crime scene clean-up specialist (Harvey Keitel). The film, comprised of lossely connected episodes told in flashbacks and flashforwards, breaks new ground in visual storytelling.

Dead Presidents (1995)
     This loosely fact-based film about a group of men returning to the Bronx after combat duty as Marines in Vietnam. The action comes to a head when an armored truck heist goes terribly wrong. The film transforms violence into choreographed art.

The Onion Field (1979)
      This film adaptation of Joseph Wambaugh's 1973 nonfiction book of the same name (Wambaugh also wrote the screenplay), tells the story of the 1963 execution style murder of LAPD officer Ian Campbell. Gregory Powell and an accomplice abducted Campbell and his partner Karl Hettinger at gunpoint and drove them to an onion field near Bakersfield where Powell murdered Campbell. In 1972 Powell's death sentence was commuted to life. Powell, played in the movie by James Woods, has never expressed remorse for the cold-blooded murder. He is still behind bars and has terminal prostate cancer. The film, an indictment of the California criminal justice system, makes the time and effort to convict these two killers--endless defense motions, court delays, appeals and the like--a part of the story. Young movie goers today may find the film a little slow. I think it is a classic.

Training Day (2001)
     This police drama, covering a single day, follows the on-duty actions of a corrupt LA narcotics cop (Denzel Washington), his crew of dirty officers, and a trainee (Ethan Hawk). In this film, except for the trainee who has traded in his uniform for plainclothes, you can't tell the good guys from the bad guys. An unflattering look at Los Angeles, the drug culture, and the cops.

The Firm (1993)
     A young hotshot lawyer (Tom Cruise) realizes his prestigious Memphis law firm is corrupt and behind the murders of two former law partners. The young lawyer is caught between the FBI and his murderous employer. The film also stars Gene Hackman as the new attorney's legal mentor. A tense, Sydney Pollak thriller.

Serpico (1973)
     The true story of New York Polce Officer Frank Serpico (Al Pacino) who blew the whistle on the culture of police corruption in the 1960s and 70s. Serpico's courage led to the Knapp Commission Hearings in 1971, and a series of  police reforms. Based on the nonfiction book of the same title by Peter Maas.

Ronin (1998)
     An international crime thriller set in France about former special forces operatives and intelligent agents (Robert De Niro et. al.) whose mission involves stealing a mysterious package from a heavily guarded convoy. Some great car chase scenes.

Casino (1995)
     A Martin Scorsese film about the real life Las Vegas casino manager Frank Rosenthal (Robert De Niro) who ran three casinos in the 1970s and 80s. A gripping and vivid adaptation of Nicholas Pileggi's book of the same title, the film depicts Las Vegas during its gangerster era. The movie also stars Sharon Stone as De Niro's out-of-control wife. Also starring Joe Pesci as an out-of-control gangster who, like De Niro, comes to a bad end. Both men had outlived their time as Las Vegas moved out of its gangster era.

Saturday, December 24, 2011

"Dragnet": Just the Facts

     Although not one of those kids who wanted to grow up to be a police detective, or one who devoured mystery novels, crime-fighting comics, or Sherlock Holmes fiction, I was a big fan of the TV series "Dragnet" starring Jack Webb as Sergeant Joe Friday of the Los Angeles Police Department. The show first aired from 1951 to 1959, then came back in 1967 and ran to 1970. I can't remember why "Dragnet" appealed to me as a middle and high school student, but after watching a few episodes recently on a TV retro network, I know why I like it now. I admire the show today because the stories, based on actual police files, portray the bureaucracy, bordedom, frustrations and drudgery--punctuated by bursts of danger--of real life detective work.

     The crimes featured on "Dragnet," ranging from murder, armed robbery, missing persons, arson, check fraud, embezzlement, and even shoplifting, unfolded in a straightforward fashion, helped along by Jack Webb's voice-over narration in which you are informed of the time, date, and place of every scene. The acting is direct and unpretentious (stilted if you're a fan of the modern, angst-ridden I'm-going-for-an-acting-award style) and doesn't overshadow the terse, crisp, clear-eyed exposition and dialog. I like the script writing, an enjoyable blend of Ernest Hemingway and first-rate news reporting. Journalism school students should be required to watch episodes of "Dragnet" and encouraged to emulate its style.

     Each "Dragnet" episode had a beginning, middle, and end. I especially enjoyed the story wrap-ups because you learned the fate of the criminal suspects who were tried and convicted in "Department 187 of the Superior Court of California, in and for the city and county of Los Angeles." First-degree murderers were "executed in the manner prescribed by law at the state penitentiary, San Quentin, California." Bam. Case closed.

     Jack Webb also produced the show which was written principally by James E. Moser who peppered the scripts with police terminology such as M. O. and APB (all points bulletin). Moser realistically portrayed how criminal cases are solved by detectives who logically follow one investigative lead to the next. Detective Joe Friday didn't have feelings in his "gut," or lay awake at night in angst over the mental and emotional strains of being a cop. He did his job in workman like fashion without all the belly aching.

     "Dragnet" was good stuff then, and, in my opinion, refreshing as hell now.  

Friday, December 23, 2011

Arson-Murder: Set On Fire

     Arson-murder cases fall into three categories. It's arson-murder when the victim is say, shot to death, and the killer sets a fire to cover the crime. A fire setter who burns down a building for the insurance money and in the process kills an occupant no one knew was in the structure, commits arson-murder. And finally, using fire as the agent of death comprises arson-murder. This form of the offense is the most unusual of the three.

    In the bizarre and varied history of crime, it's rare to hear of a murder the breaks new ground in terms of M.O. and cruelty. In August 2003 it happened in Erie, Pennsylvania. That's when William Rothstein, his insane girlfriend, and a motley crew of criminal lowlifes murdered, on live TV, a pizza delivery man named Brian Wells. They killed this man by activating a remotely controlled collar bomb. This crime was as unnecessary as it was cold-blooded.

     On Saturday, December 17 in Brooklyn, New York, a crime took place that falls into the one-of-a-kind category. It involved the cruel, cold-blooded, and sadistic murder of 73-year-old Doris Gillespie.

     Shortly after four in the afternoon, as the victim returned from grocery shopping and was about to exit the elevator that stopped at her apartment floor, Gillespie encountered a man dressed like an exterminator who wore surgical goves and a white dust mask perched atop his head the way Jackie Kennedy used to wear her sunglasses. The thin, middle-aged man held a canister with a nozzle, a Molotov cocktail, and a barbecue-style lighter. He methodically sprayed the victim and her grocery bags with a fine mist of gasoline, then ignited the rag sticking out of the flammable liquid filled bottle. As he backed out of the elevator, he tossed in the fuse-lit Molotov cocktail. The compartment filled with smoke, and the victim, engulfed in flames, burned to death as she crouched against the rear wall of the elevator. Two video cameras recorded the murder.

     The following morning, 47-year-old Jerome Isaac, with burns on the left side of his face, turned himself in to the New York City Police. He said he had been hired by the victim to clean out clutter from her apartment. He said she had fired him after accusing him of theft. After Isaac harassed this woman for the $2,000 he thought she owed him, he set fire to her in the elevator.

     At Isaac's Monday arraignment, the magistrate denied him bail. The police, other than the fact Isaac didn't have a criminal record, and had been seen around the neighborhood collecting bottles and cans, didn't know much about him. What makes this case so disturbing, beyond the nature of the crime itself, is that everywhere we go we are surrounded by people like Isaac who look and act harmless until something sets them off. There is nothing the police can do to protect us from people like this. All they can do is react, and by then it's too late.

      

Thursday, December 22, 2011

"Senseless" Killings: The Mystery of Why

     Occasionally murder-suicides occur that cannot be explained or understood. While the vast majority of murders are either motivated by greed, lust, power, fear, or rage, every once in awhile someone takes a life for no apparent reason. These cases are disturbing because there is a need to make sense out of such deviant, violent behavior.

     In 1958, Dr. Marvin Wolfgang (1924-1998) at the University of Pennsylvania, in his classic text, "Patterns in Criminal Homicide," coined the term "victim precepitation." According to Wolfgang, in a high percentage of criminal homicides, the victim contributed to his or her fate by being the first to begin "the interplay of criminal violence" such as drawing a weapon, or striking the first blow. In terms of motive, these homicides are easy to understand.

     In his 1967 book, "The Subculture of Violence," Wolfgang found that 90 percent of criminal homicides are crimes of passion that are "unplanned, explosive, and determined by sudden motivational bursts." These killers act so quickly on their impulses there is simply no time for reasoning or restraint. Homicide investigators are familiar with subjects who have killed people for the smallest of reasons such as a casual argument over an insignifcant point, a minor insult, or a mild frustration over something trivial. Investigators call these killings "simplicity of motive" cases.

The Virginia Tech Murder-Suicide

     Around noon on Thursday, December 8, Ross Ashley, a part-time business student at Radford University, walked up to a Virginia Tech University police car and shot the officer, Deriek Crouse, to death. Ashley, after killing the 39-year-old campus police officer, ran off. Shortly after the murder, Ross Ashley took his own life.

     In the wake of this case, the question everyone asked was, why? Ashley was not a Virginia Tech student, he had no connection to the man he killed, and possessed no history of violence or serious mental illness. There was, however, something out of kilter in Ashley's life. The day before he had robbed his landlord's office and took the keys to a Mercedes-Benz. He had also purchased a gun some time earlier and had been to a shooting range. But how do these events foreshadow murder-suicide?

     Nothing in Marvin Wolfgang's books gives us a clue to criminal homicides like this one. And combing through the details of Ross Ashley's life won't help. The killer himself may not have known why he was doing what he did. Some murders, and suicides, cannot be explained or understood.  

Wednesday, December 21, 2011

Murderabilia: Electric Chairs

     Quite often, the centerpiece of a police or crime museum is an electric chair. To some, "Old Sparky" is a symbol of a bygone era when convicted murderers got what was coming to them swiftly and electronically. Others believe the electric chair represents government brutality and cruel and unusual punishment. Still others are drawn to these old "hot seats" by morbid curiosity. Currently, only four states--Alabama, Florida, South Carolina, and Virginia--have operational electric chairs. In these states a death row inmate can choose between lethal injection and electrocution. Over the past years, prisoners faced with this dark dilemma, have chosen the needle over the voltage. Since 1890, about 4,000 inmates have been electrocuted in the United States. It would be wishful thinking to believe that all of them were guilty of the crimes charged.

The Agent of Death

     In the 1920s and 30s, Robert G. Elliott, an electrician (of course) from Long Island, the official executioner for six states, electrocuted 387 inmates. For this he charged the state $150 a pop. When he threw the switch (or turned the wheel) on two or more at one setting (so to speak), he discounted his fee. Some of Elliot's most infamous clients included Bruno Richard Hauptmann (1936), the killer of the Lindbergh baby; Ruth Snyder and Judd Grey (1928), the murderers of Ruth's husband Albert; and Nicola Sacco and Bartolomeo Vanzetti (1927), the Italian anacrchists convicted of killing a Boston area bank guard. Elliott, somewhat of a celebrity, and obviously proud of his singular contribution to the American system of criminal justice, wrote a memoir called "Agent of Death" that came out in 1940 less than a year after his own demise. (On his death bed, I imagine Elliott was praying like hell for heaven.) His book, long out of print and written by a co-author, has itself become a collector's item.

Never Too Big to Fry

     In 1981, Allen Lee "Tiny" Davis murdered a pregnant woman and her two children during a home invasion robbery in Jacksonville, Florida. A year later a jury found him guilty of first-degree murder. The judge sentenced him to death. In 1998, as Davis' execution date approached, the 54-year-old death row inmate's attorney argued that his 355 pound client was too heavy for the state's broken-down 76-year-old electric chair. Since it was built in 1923, the Florida State Prison's electric chair had dispatched 200 prisoners, and was worn out. Witnesses to the chair's performance in 1997 saw, when the juice was applied, a flame from the condemned man's head shot a foot into the air. So, in 1998, following this unpleasant tableau, the prison, with Allen "Tiny" Davis in mind, oversaw the construction of a new, heavy-duty electric chair, one that could accommodate a 355 pound guest. On July 8, 1999, the executioner ran 2,300 volts through the metal cap on Davis's head for two minutes. It wasn't pretty, there was some blood and a lot of groaning, but the new chair did its job.

Museum Pieces

     If you're interested in the electric chair that sent Ruth Snyder and Judd Grey to hell in 1927, you can see a replica of it at the Sing Sing Prison Museum in Ossining, New York. Snyder was the first women executed in the United States since 1899. After her, more would follow. The real chair is in prison storage. The hot seat Robert Elliott activated to electrocute Bruno Richard Hauptmann sits in the New Jersey Police Museum and Learning Center in West Trenton. In that state they call it "Old Smokey."

     At the American Police Hall of Fame and Museum in Titusville, Florida, visitors can be photographed sitting in a replica electric chair. One tourist, dressed like Santa Claus, sat in the chair with a kid on his knee. (Just kidding.) An Old Sparky is on display in Moundsville, West Virgina as part of a tourist attraction that used to be part of the West Virginia State Penitentiary. The chair had been constructed in 1950 by an inmate who had to be moved to another prison when the other inmates got wind of his project. Before 1950, death sentence inmates in West Virginia were hanged--85 of them since 1866. The state has abolished the death penalty. 

     In Springer, New Mexico, at the Sante Fe Trail Museum, a female mannequin sits in the state's first and only electric chair. (I'm not a museum curator, but this seems like an odd choice.) The electric chair at the Texas Prison System in Huntsville, built by an inmate, fried 361 prisoners from 1924 to 1964.

     The centerpiece of a recent exhibit at the Ohio Historical Center in Columbus, featured an electric chair that put 312 men and one woman to death between 1887 and 1963. The exhibit, in a state that has kept the death penalty, has created some controversy.

Tuesday, December 20, 2011

Criminal Dimwits: The Murder-For-Hire "Mastermind"

     The three main characters in a murder-for-hire scheme are the mastermind, the hitman, and the target. Bit players include enablers, advisors, and hands-on accomplices. No category of crime features a wider variety, in terms of age, occupation, background and socio-economic class, than the murder-for-hire mastermind. One thing they have in common is the stupid belief they will get away with their homicides. They almost always get caught because their idiotic hitmen either leave evidence behind or can't keep their mouths shut.

Dr. Mavoltuv Borkuhova

     Dr. Mavoltuv Borkuhova, a 34-year-old Queens, New York physician, paid her cousin $20,000 to kill her husband, a Forest Hills dentist. On October 28, 2007, the hitman, Mikhail Mallayev, shot Dr. Daniel Malakov to death in broad daylight as he watched his 4-year-old daughter play in a public park near their home. The mastermind and her husband were in the midst of a bitter divorce and fight over custody of the child.

     In 2009, the hitman, whose latent fingerprints were lifted from the murder weapon's makeshift silencer, was convicted of first-degree murder and sentenced to life. That year a jury found Borkukhova guilty as well. The doctor is serving a life sentence without parole.

Pastor Tracy "TB" Burleson

     Even for players caught up in a murder-for-hire drama, Tracy "TB" Burleson and his wife Pauletta, were an odd couple. They both had criminal records.The 44-year-old Houston area preacher had been convicted of mail fraud in connection with the theft of payroll checks. Pauletta had been charged in 1997, 2005, and 2006 with physically abusing the couple's two adopted sons by beating them with boards and extension cords. Found guilty in two of these cases, the 56-year-old pastor's wife received probated sentences. Tracy, quite the ladies' man, had a son from a previous relationship named Darnell Fuller. Rounding out this cast of oddballs was 32-year-old Tyonne Palmer-Pollard, the pastor's mistress. Palmer-Pollard, whille having an affair with the preacher, was also having one with his 20-year-old son, Darnell.

     Burleson's wife Pauletta knew her husband had a mistress, but had no idea he was plotting her murder so he could marry Tyonne. She also didn't know that the pastor had promised Darnell a piece of her $60,000 life insurance payout if he knocked her off.

     On May 18, 2010, at ten-fifteen at night, Darnell Fuller, a Texas Southern University pre-nursing student, walked up behind his stepmother in the driveway of her northwest Harris County house and shot her in the back of the head, killing her on the spot. After the execution style murder, the hitman entered the woods across from the house and came onto another street where Tyonne Palmer-Pollard picked him up and drove him to a place where he cleaned himself up. Later that night they disposed of the murder weapon. (Fuller later directed detectives to the gun.)

     For the pastor-mastermind, his son the hitman, and their mistress accomplice, the case unraveled quickly and two of them were indicted, arrested, and tried. The pastor was convicted of capital murder in September 2010 and sentenced to life without parole. Tyonne Palmer-Pollard went on trial in October 2011, and while convicted as an accomplice in the murder-for-hire case, received a light sentence of seven years. The defense attorney had successfully portrayed Tyonne as a hard-working nursing assistant who cared for her three children as well as a chronically ill friend. She had, according to her defense attorney, fallen in with some bad people. While obviously true, what kind of people fall in with bad people? The jury also found the accomplice guilty of tampering with evidence.

     Darnell Fuller, the hitman who confessed and testified against his father and their mistress, has yet to be tried. In return for Fuller's cooperation, the prosecutor is not seeking the death penalty or life without parole. As is often the case in murder-for-hire sentencing, masterminds are treated more harshly than their cold-blooded triggermen. This is because they are usually the first to confess and make a deal.  

Julio Perez

     In October 2011, a hitman and his accomplice pleaded guilty in San Benito, Texas to the murder of 39-year-old Sonia Perez. The accomplice in the March 31, 2010 murder, 21-year-old Daniel Castaneda, was sentenced to 35 years in prison for his role in the case. (Compared to Tyonne Palmer-Pollard, a stiff sentence.) The hitman, 37-year-old Daniel Lopez, received life without parole.

     According to the confessions of Castaneda and Lopez, the victim's husband, Pentecostal preacher Julio Perez, wanted Sonia Perez murdered for her $120,000 life insurance benefit. The accomplice supplied the handgun, and Lopez, the hitman, hid in the back of the third grade teacher's minivan. Lopez forced the victim to pull off a deserted road along a sugar cane field outside of Rio Hondo, Texas. It was there he shot her twice in the back of the head. Lopez committed this cold-blood murder on the promise of $25,000 from the life insurance payout.

     Preacher Perez, unless he makes a deal with the prosecutor, will go on trial next year for capital murder. If convicted, he could face the death penalty.   

Monday, December 19, 2011

Travelatrocity: Horrors of Commercial Aviation

     There was a time, I suppose, when travelers considered commercial flying an exciting, pleasurable and even romantic experience. Since that bubble burst decades ago, air travel has become increasingly unpleasant. The ordeal begins at the airport with long lines, footwear inspections, strip searches, pat-downs, and body scanning. The misery continues in-flight with diminished amenities, germ-infested air, surly flight attendants, and drunken, bellicose, and over-sized passengers. Back on the ground, passengers are faced with delays in getting off the plane, missed connections, and lost, misplaced, and damaged luggage. If he were alive, Orville Wright would take the bus.

Standing Room Only

     In July, during a seven-hour U.S. Airways flight from Anchorage, Alaska to Philadelphia, Pennsylvania, 57-year-old Arthur Berkowitz stood the entire trip. When he took his seat on the plane, the spot next to him was empty. A late, very obese passenger came on board and took that seat and half of Berkowitz's. On takeoff and landing, Berkowitz remained squeezed into his seat but was unable to fasten his seat-belt. During the rest of the flight, he strolled about the crammed cabin annoying the flight attendants.

     Following Mr. Berkowitz's complaint, the airline offered him a $200 voucher for his trouble. When Berkowitz declined the offer, U. S. Airways closed his case and issued this statement: "We have attempted to address this customer's sevice concerns, but offering increasing amounts of compensation based on threat of a safety violation isn't really fair - especially when the passenger himself said he didn't follow the crew members' instructions and fasten his seat belt."

Adventures on Jet Blue

     In November, Anibal Mercado, an eighteen year veteran of the New York City Police Department, was returning home from the Dominican Republic on a Jet Blue flight when 22-year-old Antonio Ynoa, four rows behind him, launched into a loud verbal attack on two female flight attendants. Ynoa had gone wild after the attendants told him the bar was closed and refused to bring him soda to mix with the duty-free rum he had brought on board. Seated next to this out of control jerk were two mothers holding babies. The verbal assault turned physical when Ynoa punched a male flight attendant four times in the face.

     Officer Mercado confronted Ynoa and identified himself as a New York City cop. After a brief struggle, Mercado wrestled the drunk to the ground until a flight attendant arrived with a set of flex hand restraints. (The fact they keep handcuffs on planes says it all.) Although cuffed, Ynoa continued to yell and cuss at his captors. He also spit on officer Mercado.

     An hour after the fracus, New York Port Authority police met the plane and took Ynoa into custody. As they hauled him off the plane, he kicked at the arresting officers. Ynoa has been charged with assaulting and interfering with a flight crew. The chance of being confined in a tube thirty thousand feet off the ground with a jerk like Ynoa does not make flying a relaxing way to travel.

     A few days before Mr. Ynoa blew his top, passengers who were stuck eight hours in a Jet Blue plane as it sat at a tarmac in Connecticut during an October snow storm, sued the airline. Because of the delay, the airline could also be fined, by the Department of Transportation, $27,500 per passenger. Guess who will end up paying that tab?

Barroom Brawl in the Sky

     In November, fifteen minutes before a Delta Airlines flight from Atlanta landed in Baltimore, an intoxicated William D. Barna punched the man seated next to him. Two air marshals broke up the fight and seated Barna away from the other passengers. Barna fell asleep for a few minutes, then woke up and attacked one of the air marshals. The drunk and the marshals rolled up and down the aisle until the federal officers subdued the bellicose passenger. A couple of weeks later, an U.S. magistrate judge ordered Barna to undergo five to seven days of alcohol rehabilitation then spend four weeks as a patient in some kind of unspecified program designed to--what?--change his personality?

Baggage Theft

     Heightened airport security has made carry-ons less convenient. As a result, airline passengers are checking in more luggage. Besides added fees for this, and the risk of having baggage misdirected, lost or damaged, there is always the chance that airline baggage handlers will help themselves to your stuff. Recently, twelve American Airlines baggage handlers at Kennedy International Airport in New York, were convicted of baggage and freight theft. These airline employees were caught rifling through passengers' belongings for perfume, liquor, and electronic devices. They also stole laptops, jewelry, and items of clothing. According to one of the thieves, everyone was doing it. And we thought airline cargo was being inspected.

Spread 'em Grandma

     A few days ago an 85-year-old woman trying to board a Florida bound plane at JFK in New York, declined to pass through the body scanning machine because she feared the technology would play havoc with her defibrillator. Instead of patting her down, TBA agents took her to a room where they waterboarded her until she admitted the defibrillator was a bomb--just kidding. They gave the old lady a strip search. In the process, she banged her leg against her walker, causing it to bleed. She also missed her flight. My advice to grandma--stay in Florida. You will avoid humiliation and injury, and the skys over America will be much safer. Thank you TBA.

     Someone needs to tell the idiocrats who establish airport security protocol that there is such a thing as being too careful. But instead of applying reason, common sense, and governmental descretion to airline security, Senator Charles Schumer of New York, and some other politician, in the wake of grandma's strip search, have come up with a typically stupid idea that, as one might expect, expands the bureaucracy. Senator Schumer wants what he calls "Passenger Advocates" stationed at every airport to function, I guess, as quasi-magistrates to render decisions in cases involving outrageously inappropriate TBA enforcement practices.This will be a big help. George Orwell, an exceptionally creative writer, couldn't have made this stuff up. I find it amazing that anyone still writes fiction.

Alec Baldwin: Hero or Heel?

     The TV and movie star recently delayed an American Airlines' take-off because he refused to turn off his cellphone until he finished playing some word game. Before leaving the plane, Baldwin insulted and swore at the flight attendants (could this be true?!) who had ordered him, under the electronics-turn-off-before-we-take-off rule, to shutdown his cellphone.

     A few days later, Mr. Baldwin (really a sweet guy) apologized to the passengers he had held up, but let fly at the airline industry. Citing "paramilitary" security procedures, filthy planes, barely edible meals, and reduced flight amenities, Baldwin, in his blog, wrote: "Air travel has devolved into an inelegant experience akin to riding a Greyhound bus." It should be pointed out, in defense of Greyhound bus travel, that you don't have to turn off your cellphone at any point en route. Moreover, I doubt the articulate Mr. Baldwin has ever been on a Greyhound bus.

     The Baldwin dust-up has triggered a serious discussion over the necessity of the cellphone prohibition. ABC News aviation analyst and pilot (and novelist) John Nance, in an article published in "Time," said, "Airlines wrote the scripts that phones can interfere with the systems of the aircraft. But there is zero evidence [to support this]." In other words, this no electronics policy may be based on a myth. It should be noted that American Airline pilots are allowed to us iPods in the cockpit during take-off, in-flight, and while landing. (The image of a pilot playing with his iPod during landing is not a good one.)

     So, back to Mr. Baldwin. Is he a hero or a heel? I guess that depends on how your feel about the actor, and commerical aviation.    

Sunday, December 18, 2011

The Hygiene Defense in the Sandusky Case

     Former football coach Jerry Sandusky's lawyer in the Penn State sexual molestatin case, pursuant to his "hygiene" defense, says his client's only "crime" was teaching young boys how to soap themselves in the shower. This one is right up there on the lawyer embarrassment scale with the "Twinky" defense raised years ago in a San Francisco murder case. (The defendant blamed his homicidal outburst on a sugar-high brought on by excessive Twinky consumption.) If I remember correctly, the Twinky defense worked. But it was California. As loopy as that criminal justification was, it makes more sense than the hygiene defense.

     My first male teacher was an eigth grade physical education guy who insisted we all take showers after gym class. In response to objections over this policy, the coach reminded us that if the President of the United States found it necessary to take a daily shower, we lowly West Virginia hillbillies should do the same. It made sense to me. Had our gym teacher taken it upon himself to follow us into the shower to give us hands-on instruction on how to soap ourselves, he would have been a pedophile. Fortunately for us, he didn't do that. He just didn't want us to stink.

     What do you think would have happened if Coach Sandusky had sent each of his kids home with a consent form allowing him, in the name of hygiene, to soap-up these boys? How many parents would have signed that waiver? How many would have gone to Coach Paterno? Or better yet, the police?

     Sandusky's attorney should give us a break. Does he think we are stupid? I think he does.

Murder on the Band Bus

     On December 15, the associate medical examiner of Orange County, Florida, Dr. Sara Irrgang, released the results of her autopsy of Robert Champion, the Florida A & M drum major who died on November 19 on a charter bus outside an Orlando Hotel following a football game. The 26-year-old died from "shock due to soft tissue hemorrhage, due to blunt force trauma." The forensic pathologist found extensive contusions (bruising) to Champion's chest, arms, shoulder and back. His interior tissues were bruised as well. He passed away within an hour of his injuries. Repeatedly punched, he died like a person being stoned to death. He did not have drugs or alcohol in his system.

     Investigators in the case have uncovered evidence of financial crimes related to the funding of the marching band. Florida Governor Rick Scott has called for the president of Florida A & M to be suspended. This request has upset many A & M students who do not want the president of the school removed. A crowd of the president's student supporters gathered outside the governor's mansion to protest.

     It's not clear to me why, under these circumstances, A & M students would come to the aid of the school's president. One would think they would be protesting against deadly hazing, and the possibility of university embezzlement.

The Case of the Stupid Movie

     This weekend my wife and I saw "Sherlock Holmes 2: A Game of Shadows" starring Robert Downey, Jr. as Sherlock Holmes and Jude Law as Dr. Watson. After sitting through this picture without the benefit of popcorn, candy or the stuff Mr. Holmes smokes in his pipe, I think I can deduce how this insipid flick came into being. I can see a producer describing, to a computer guy and a screenwriter, visually stimulating scenes, then telling the computer animater and the scriptwriter (in real life a husand and wife team) to organize a story around the visuals without worrying about plot, or for that matter, the audience. In following these instructions, the animater and screenwriter produced a cartoonish combination of one of those Johnny Depp pirate films, a Harry Potter vehicle, and a super-hero whammy. I won't give away the ridiculous ending even though it would save you money and two hours of boredom. The only tension associated with this movie is deciding whether to stick it out because you paid for it, or to walk. Not even one star for this dog. It's a good thing Arthur Conan Doyle is dead.  

Saturday, December 17, 2011

Murdering Jocelyn Earnest: A Circumstantial Case

     On December 19, 2007, a friend discovered the body of 38-year-old Jocelyn Earnest just inside the front door of her house in Pine Bluff, Virginia. The victim had been shot in the back of the head. Next to her body lay a .357 magnum revolver and a typewriten suicide note that in part read:

     To Mom
          I'm sorry for what I've done. Please forgive me. Wes [the victim's estranged husband] has put
     us in such a financial bind--can't recover. My new love will not leave the family.
     Love,
     Jocelyn

The heat inside Earnest's house had been jacked up to 90 degrees and there were no signs of forced entry. The dead woman's dog, a black Labador, was locked in a crate without food or water in a back bedroom.

     Investigators immediately suspected that Jocelyn Earnest had been murdered, and the scene staged to look like a suicide. Detectives know that people who kill themselves and leave notes rarely type them. In searching Jocelyn's two home computers, investigators did not find drafts of this document. And the word choice and syntax of the note was inconsistent with the writing style found in the victim's handwritten journals. The police suspected that the furnace had been turned up to alter the body's decomposition rate to throw off the biological time of death determination. Apparently the killer had wanted the police to believe Jocelyn had been killed earlier in the day, perhaps to support an alibi.

     Suspicion immediately fell on the victim's estranged husband, Wesley Earnest who had moved out of the house a year earlier. As an assistant high school principal, he lived and worked 200 miles away in Chesapeake, Virginia. Jocelyn had been employed as a financial services manager in Lynchburgh, Virginia. Although together they had been earning $200,000 a year, they were deeply in debt. Wesley, over Jocelyn's objection, had built a three million dollar, seven thousand square foot mansion on nearby lake property. The $6,000 a month mortgage on this second home they couldn't sell because it was financially under water, had put them $1 million in debt. On top of this, Wesley found himself faced with the disasterous financial consequences of  divorce.

     Wesley Earnest claimed he hadn't been to the Pine Bluff house for at least a year. After he had moved out, Jocelyn had changed the locks. Investigators, however, could connect him to the crime scene in two ways: he had purchased the .357 magnum, and two of his latent fingerprints were on the typewritten note next to the body. Two days before his estranged wife's death, the suspect had borrowed a pickup truck from a friend. When he returned the vehicle two weeks later, it had new tires. Detectives believed Wesley had changed out the tires to avoid a crime scene tire track match-up.

     Investigators also read the victim's journal, handwritten in seventeen notebooks. Several of the entries, however, written from Jocelyn's point of view, were in Wesley Earnest's hand. These forged additions portrayed the suspect in a favorable light. However, in one of the notebooks the victim had written: "If I die, Wesley killed me and he probably shot me."

     To detectives, Wesley admitted that he had girlfriends--he claimed with his wife's good wishes--and that at his place of emplyment in Chesapeake, he told co-workers he was single.

     In May 2009, the $3 million house on the lake burned to the ground. Cause and origin fire investigators ruled the cause "undetermined." Because the place was heavily insured, the fire accrued to Wesley's financial benefit.

     Wesley Earnest went on trial in March 2010 for the murder of his wife. His attorney, in an effort to uncouple the defendant from the typewritten crime scene note, contested the forensic reliability of latent fingerprint identification. (Perhaps the defendant would have better served by offering an innocent explanation for the presence of his prints.) The defense attorney also put his client on the stand to testify on his own behalf. The defendant told the jurors that he had purchased the .357 revolver as a gift to his wife so she could protect herself. He portrayed Jocelyn as having been distraught over their financial problems. He also said she was having trouble with the woman who was her new lover.

     The jury, a few days after listening to the defendant, after deliberating less than four hours, found him guilty of murdering his wife.

     A month following the conviction, before Earnest was sentenced, a posting on a newspaper web site revealed that the jurors had read Jocelyn's journal. The trial judge had not wanted the jury to see this evidence. The notebooks had been inadvertantly put into a box that found its way into the jury room. In July 2010, the judge declared a mistrial.

     In November 2010, in Amherst, Virginia, Earnest went on trial again for the murder of his wife. His attorney, once again, put him on the stand to claim his innocence. On cross-examination, the prosecutor got Earnest to admit that in 2006 he had forged entries into his wife's journal. When asked how he had gotten into the Pine Bluff house he had been locked out of, Earnest said he had climbed through an unlocked window. In so doing, the defendant revealed to the jury how he may have entered the house to murder his wife. The second jury found the defendant guilty of first-degree murder. He was subsequently sentenced to life in prison.

     No one saw Wesley Earnest enter the Pine Bluff house and shoot his wife. No one claimed he had confided to them he had commited the crime. And he never confessed to the police. All the prosecutor had was what looked like a staged suicide, a motive, and a pair of latent prints on a suspect suicide note. But, with these two juries, the prosecution had enough evidence to convict. By comparison, the circumstantial cases against Casey Anthony and O.J. Simpson were much stronger than the case against Wesley Earnest. But Anthony and Simpson got off, and he didn't. While I believe the juries returned the correct verdicts in this case, uniformity of results is not a characteristic of the American system of justice.         

Friday, December 16, 2011

Walmartology: Crime in Consumerland 5

A Breach of Security

     On December 5, a customer at a Grove City, Ohio Walmart took his son to the restroom at one-thirty in the afternoon and waited outside near the electronics section of the store. The 9-year-old boy came out of the restroom and reported to his father that a man had held a cellphone under the stall to video tape or photograph him going to the bathroom. The father confronted this person who happened to be 28-year-old Okey Belcher, a Walmart store detective. Belcher denied video taping the boy, explaining that he had dropped his cellphone and was picking it up.

     After the police questioned the boy and Belcher, the officers acquired a search warrant for the suspect's cellphone. The search produced enough evidence to justify Belcher's arrest. He was charged with pandering obscenity involving a minor, a second-degree felony. Because Belcher's iPod contained 100 images of naked children, he was also charged with the federal crime of child pornography. Belcher admitted to a Grove City police officer that he had downloaded child pornography onto his laptop computer as well. A search of his computer revealed 100 digital films depicting juveniles engaged in sexual activity.

     Belcher is currently in state custody pending a hearing before a federal magistrate. If convicted of the federal charges, he could face up to twenty years in prison.

A Sticky Problem

     In Cartersville, Georgia, someone has been planting syringes in clothing sold at the local Walmart. Since November 29, eight needles have turned up in various garments. The syringes, found in the pockets of men's and women's pants, and in boxes containing bras, pajamas, and socks, are the type used by people with diabetes. Customers pricked by the needles risk hepatitis or HIV. The syringes have been sent to the Georgia Bureau of Investigation Crime Laboratory for analysis.

Busting an Old Fence

     In 2008, when the police searched 66-year-old Marin Moreno's home in Albuquerque, New Mexico, they found thousands of dollars worth of merchandise that had been stolen from Target and Walmart stores. Moreno pleaded guilty to paying shoplifters to steal designated items from the stores, merchandise he sold at a local flea market. In return for his plea to the fourth-degree felony of receiving stolen goods, the judge sentenced Moreno to probation.

     The police, in May 2010, arrested Moreno for possession of merchandise his shoplifters had stolen from Walmart and seven other stores. He was charged with racketeering and criminal solicitation. A judge revoked his probation on the 2008 case, sending him back to the Metropolitin Detention Cener to serve out that sentence. On December 8, 2011, after Moreno pleaded guilty to the racketeering and criminal solicitation charges, a judge sentenced him to nine years, suspending all but two. With good behavior and credit for time served, Morino will spend less than a year behind bars. Because the defendant had a sick wife who required care, the judge had gone easy on the old fence.

Wrong Place, Wrong Time

     In Waldorf, Maryland, Walmart employees spotted 22-year-old Timothy Clark stuffing video games under his clothing. As soon as he hit the parking lot, police officers arrested Clark who was in possession of $635 worth of stolen video games and game accessories.

     Timothy Clark had picked the wrong day to steal from Walmart. The store was crawling with cops, fifty of them who were there shopping with underpriveleged kids who had been given gift cards by a local charity. As a bonus, the kids also learned that crime doesn't pay. (Why tell them otherwise?)

A Sad Story

     In December, police arrested Elizabeth Elisha Halfmoon inside a Tulsa, Oklahoma Walmart. She had been in the store six hours trying to manufacture methamphetamine from commerical fluids on sale. The arresting officer, in seizing the bottle containing the ingredients being mixed, suffered a chemical burn. Halfmoon said she was trying to cook meth in the store because she was too broke to buy the drug.

Bullets Over Walmart

     On Saturday afternoon, December 3, two police officers were involved in an undercover drug deal unfolding in the Walmart parking lot in Strongsville, Ohio. At some point in the transaction, a gunfight erupted between the narcs and two of the drug suspects. The gun fire sent Walmart customers ducking and running for cover. The gun play ended when a bullet struck one of the suspects, 27-year-old Lawrence McKissic. As the ambulance drove off with the wounded suspect, Walmart customers continued to come and go as though nothing had happened. The store remained open throughout the incident.

Boxstore Murder

     Lilia Blandin was having problems with her husband, Avery. On October 30, 2011, the police had charged him with criminal domestic violence after he allegedly punched her in the face and abdomen. The 38-year-old woman worked for the Woodforest Bank inside the Walmart store in Greenville County, South Carolina. At one-thirty in the afternoon on Saturday, December 10, Avery Blandin entered the store with a knife. Following a brief argument with Lilia, he stabbed her to death. He fled from the bloody scene but wrecked his car not far from the store. Deputy sheriffs took him into custody without incident.

     Customers at Walmart were appalled that the store remained open for business through the slaying and its aftermath. One shopper said, "I saw there was blood everywhere, on the ground, on the table, on the wall." Customers were kept away from the immediate crime scene which was not compromised by the management's decision not to let a murder interfere with Christmas shopping.

   

Thursday, December 15, 2011

Knowing the Score in the Sandusky Case

     Jerry Sandusky, after waiving his preliminary hearing at the Centre County Court House in Bellefonte, Pennsylvania, vowed to "fight for four quarters." I presume this means he will maintain his innocence until the Penn State sexual molestation scandal is resolved. His attorney, Joe Amendola, after comparing the case to some historic Penn State football victory, said, "This is the game of his [Sandusky's] life." Someone should tell former coach Sandusky and his attorney that this criminal scandal is not a football game to be won or lost. This is real, and it's about determining an accused sex molester's guilt or innocence. And if Sandusky is found guilty, what his sentence should be.

     While sports metaphores have unfortunately become an intregal part of the English language--we all strike out, drop the ball, tackle the problem, and when desperate, throw hail-Mary passes--the use of football metaphores by the defendant and his lawyer in the Penn State pedophile scandal seems inappropriate.

     Sandusky and his attorney, in my view, should call a time out on football metaphores.  

A Band of Sadists?

     On December 13, three members of the Florida A & M University marching band were arraigned in a Tallahassee court on charges of hazing related batteries. The defendants, who made bail, have been charged with beating fellow band member Bria Shante Hunter with fists and a metal ruler. The alleged crime involved the victim's initiation into the "Red Dawg Order," a band clique for students from Georgia. Hunter was beaten so severly she suffered a borken femur and blod clots in her leg.

     This band related violence occured three weeks before Florida A & M drum major Robert Champion died in a hazing incident following a football game in Orlando. ( Mysteriously, the coroner's office has said it has not determined Champion's cause of death.) I would image that a high school kid who enters Florida A & M instead of the U.S. Marine Corps, and joins the marching band instead of the football team, probably doesn't anticipate physical abuse and hellish hazing.

Pass More Laws, Arrest More People

Misdemeanor Burping

   This May, in Albuquerque, New Mexico, when a 13-year-old student "burped audibly" in physical education class, the PE teacher called a school "resource officer" to deal with the disruption. The resource oficer summoned a city police officer who came to the school, handcuffed the boy, and hauled him off to a juvenile detention center.

     The burping boy, while not charged with a crime, was suspended for the rest of the school year. While in custody, the boy's captors gave him a risk assessment test. On a scale of 1 to 10, 10 being extremely dangerous, the boy scored a 2. My guess is that if Mr. Rogers had taken this test, he would have scored a 2 as well. Perhaps the Dalai Lama would have pulled a 1. The kid's parents have filed a lawsuit.

Eating While Shopping

     In Makiki, Hawaii, a couple, while shopping with their 3-year-old daughter, got into trouble when they each ate a sandwich they didn't pay for when they went through the check-out line. The offenders offered to pay $10 for what they had consumed, but it was too late. The cops came, took them into custody, and seized thier hyserical child. The parents got their daughter back after posting $100 bail.

     I can imagine, as the cops are investigating the couple at the scene of the crime, retail thieves rolling shopping carts full of groceries out of the store.

Ignition Key Kids

     In Pennsylvania, the police, over the past eighteen months, have arrested ten parents for leaving their children in casino parking lots while they were inside gambling. These lousy parents were appropriately charged with the misdemeanor offense of endangering the welfare of children. But for state legislators who are paid to pass laws, and in the process keep their jobs, one criminal statute covering this behavior is not enough. So they have proposed two more laws.

     One of the bills would make it a misdemeanor to leave children younger than 14 in vehicles parked on casino property, and double the fines on casinos if they fail to report such incidents to the police and social service agencies. The second bill requires casinos to post signs warning gamblers not to leave unattended children in their parking lots. But what about gambler/parents who leave dogs with their children? I think we need a third bill to more specifically define "unattended." And perhaps as fourth bill to protect the dogs.

     So, what about the kids who are left in front of bars while their parents are inside getting drunk? Or parents who leave their children in Walmart parking lots while shoppers are being mugged, cars are being stolen, and murder-for-hire deals are being negotiated in nearby vehicles? Are these crime victims legislative chopped liver?

     I have an idea. Why don't we require every business, under penalty of law, to post signs and report any evidence of bad parenting in and around their facilities? And while we are at it, let's make it a federal crime. It could be called the Omnibus Good Parenting Act of 2011.

     If passing unnecessary window-dressing legislation solved our social problems, America would be paradise on earth. And politicians would be heros instead of self-serving busybodies.

    

Wednesday, December 14, 2011

Drug War Shock Troops

     American law enforcement has become zero tolerant, more violent, and militarized. Local, state, and federal teams of elite paramilitary special weapons and tactics (SWAT) teams regularly patrol big-city streets and break into homes unannounced. Officers on routine patrol carry high-powered semi and fully automatic weapons. Virtually every law enforcement agency in the country either has its own SWAT unit or has officers who are members of a multijurisdictional force. The barrier between the U.S. military and domestic law enforcement has broken down. The police have become soldiers and military personnel now function as civilian law enforcers. Paramilitary police officers wear combat gear, are transported in army-surplus armored personnel carriers, receive special-forces training, and view criminal suspects as enemy combatants. Federal, state, and local law enforcement agencies field teams of military-trained snipers. In many jurisdictions, the "public servant" concept of policing has been replaced by the "occupying force" model. The idea of community policing has become outmoded. If one didn't know any better, one would think that the nation is in the grip of an historic crime wave. Today, compared with the 1930s and the late 1960s through the 1970s, the current rate of violent crime is much lower.

     Every year SWAT teams conduct forced entry, no-knock raids into 40,000 to 50,000 homes in search of illegal drugs and drug paraphernalia. In many jurisdictions all drug-related search warrant executions involve SWAT team entries. Once a law enforcement agency forms a paramilitary unit, the officers on the team must be kept busy to stay sharp. For this reason, the great majority of SWAT raids in this country involve low-risk police work and are therefore unnecessary.

     The predawn, no-knock SWAT raid into a private home has become the signature of the government's escalating war on drugs. Even when the raids are not in some way botched, as when officers break into the wrong house, innocent bystanders, including children, are injured, manhandled, and/or traumatized. Following these raids, residents are left with broken doors, windows, and furniture as well as ransacked rooms. Occasional the "flashbang" grenades the raiders use to disorient occupants cause injuries and start fires. It is not uncommon for subjects of these raids, thinking that their homes are being invaded by criminals, to pick up guns in self-defense. These people are often shot and killed. If they shoot and kill a police officer, they go to prison. In these cases it doesn't matter that the defendants didn't know who they were shooting at. Some end up on death row.

Minneapolis SWAT

     Acting on information from a narcotics snitch, a Minneapolis SWAT team of eighteen officers, on the night of February 16, 2010, used a battering ram to enter the apartment rented by Rickia Russell. The 30-year-old occupant heard her front door being smashed open followed by the sound of a flashbang grenade rolling into her living room. Upon explosion, the percussion device ignited her sofa and seriously burned her leg. As Russell lay face-down on the floor with her hands cuffed behind her back, she tried to tell the officers about her charred limb. They told her to shut up.

     The officers, armed with a warrant alleging that someone named David Conley was selling drugs out of this apartment, found no narcotics, drug paraphernalia, guns, or any other contriband or evidence of a crime. Rickia Russell did not know a David Conley. The SWAT team had obviously raided the wrong apartment. But instead of apologizing and offering to repair the damage they had caused, the police arrested Russell for the misdemeanor of operating a "disorderly house." The authorities, however, never followed through with a formal charge.

     On December 9, 2011, the Minneapolis City Council offered Russell, who had suffered permanent injuries from the flashbang grenade, a million dollar settlement. This horribly botched police operation was not the first disasterous paramilitary police raid in Minneapolis

The Vang Khang Raid

     Vang Khang, his wife Yee Moua, and their six children, hill people from Laos, lived in a high-crime neighborhood in northeast Minneapolis. Just before midnight on December 16, 2007, Yee Moua, while watching television, heard window glass shatter. Thinking that criminals were breaking into the house, she bolted up the stairs to where her husband and children were sleeping.

     Awakened by the commotion, Mr. Khang grabbed his shotgun, and hearing heavy footsteps advancing up the stairs, fired a warning shot through his bedroom door. Khang didn't know it, but he had opened fired on officers with the Minneapolis Police Department's Violent Offender Task Force (VOTF). The paramilitary unit had broken into the wrong house in search of street-gang guns and drugs. The exchange of gunfire that eruped after Khang's warning shot included 22 bullets from VOTF officers and two more blasts from Khang's shotgun, pellets that struck the body armor of two of the officers. The moment Khang heard his children yelling, "It's the police!" Khang, who miraculously had not been shot, dropped the shotgun and raised his arms. A few seconds later, he was on the floor with a boot planted in the middle of his back.

     The Minneapolis Police, quickly realizing that their informant had directed them to the wrong house, did not take Khang into custody. VOTF offiers, leaving behind broken windows and bullet holes in the bedroom wall, left the house without apologizing to the family they had endangered and traumatized.

     Seven months after the bungled raid, the Minneapolis police chief awarded the VOTF officers who had raided the wrong house, medals of valor for "bravery in action under fire." In December 2008, the Minneapolis City Council approved a $600,000 settlement for the Khang family.

     Paramilitary policing in Minneapolis has been expensive, and a threat to public safety.

    

Tuesday, December 13, 2011

Shots Fired: Two Days, Nine Shootings

     On Friday and Saturday, December 9 and 10, 2011, the police, in separate incidents in Florida, Louisiana, New Jersey, Maryland, Texas, Ohio, California, Illinois, and Missouri, shot nine people, killing four of them. As in most police involved shootings, five of the cases received cursory media coverage. Four of the more newsworthy shootings are featured here.

Suicide By Cop in Hollywood

     A month ago, Tyler Brehm, an unemployed 26-year-old from Carlisle, Pennsylvania, moved into a Hollywood, California apartment with his girlfriend. On December 6 they broke up, and on Friday December 9, at ten-fifteen in the morning, Brehm, armed with a 40-caliber handgun, began walking down the middle of Sunset Boulevard toward Vine Street. He shot several times into the air then fired several bullets into a silver Mercedes-Benz coup driven by music industry executive John Atterberry, hitting the victim in the neck and face. Atterberry later died from his wounds. Pedestrians who were aware of what was happening ran for cover. A few bystanders thought they were witnessing the filming of a movie scene. As Brehm fired his weapon, he screamed that he was going to die.

     Two Los Angeles police officers, one of whom was providing security on a nearby movie set, ordered the gunman to drop his weapon. Having run out of ammunition, Brehm pulled a knife. The officers fired four or five times, killing Brehm on the spot.

     Brehm did not have a criminal record. According to one of his Hollywood neighbors, "He wasn't a bad guy, he just got fed up." Another area resident reported that Brehm and his girlfriend had recently moved out of their apartment. "I could tell that he was an unstable person," this neighbor said, "but I don't know the details on what actually made him snap."

     This police shooting has all the earmarks of a suicide by cop case. Although such deaths have become quite common, this police involved shooting drew media attention because it took place in the heart of Hollywood, the town of broken dreams.

Death of a Shoplifter in a Wheelchair

     At four-thirty in the afternnon on Saturday, December 10, loss prevention officers at the Sears store in Visalia, California approached a shoplifting suspect in a wheelchair. The 29-year-old man wheeled out the back door of the store with the security officers in pursuit. When the officers confronted the suspect, he brandished a knife. As the knife-wielding shoplifter rolled into a nearby Marshalls Department Store, the security officers called the police.

     As the police entered Marshalls, the suspect wheeled out the back door. Confronted outside, he lept from the chair and lunged at the officers with his knife. The officers shot him, and he died on the spot.

Suicide By Cop in Chicago

     At eight o'clock Saturday night, December 10, police officers responded to a call regarding a man with a gun at the Western Cermak Pink Line train station in Chicago. When the officers arrived at the scene, they found 55-year-old Frank Steponaitis holding a gun to his head. Ordered to drop the weapon, Steponaitis pulled a second gun and pointed it at the police. The officers opened fire, killing Mr. Steponaitis. According to court records, the dead man had a history of alcoholism and psychiatric treatment.

Double Murder, Car Chase, and Shooting

     In Salem, Missouri at six-thirty in the evening, during an argument with his ex-wife and her boyfriend over custody of their 2-year-old son, 44-year-old Mavin Rice allegedly pulled a gun and killed both adults. The dead woman's 6-year-old daughter heard the gunshots from another room and called 911. Rice, a former Dent County (Missouri) deputry sheriff, drove off with his son in his white station wagon. After leaving the boy with his current wife, Rice headed north on U.S. Route 63 toward Columbia, Missouri.

     Police picked up Rice's trail through his cellphone signals which led to a high-speed vehicle chase that ended at nine-thirty in the parking lot of the Capitol Plaza Hotel in Jefferson City. The hotel is just blocks from the grounds of the state capitol.

     The fleeing ex-cop ran from his car into the lobby of the luxury hotel where hundreds of doctors, nurses and their families were attending an annual Christmas party. Other hotel guests included a youlth hockey team. The pursuing officers shot Rice as he ran past the lobby elevators toward the swimming pool. Rushed to a local hospital, Rice is expected to survive his wounds.  

Monday, December 12, 2011

Coaches: Masters of Their Universe

     Pedophilia has been a hidden aspect of boy's athletics. The problem has been brought to the surface by the coaching scandals at Penn State, the Citadel, and Syracuse University. Are these rare cases, or is this a major social and criminal problem? Just how many of these sexual preditors are coaching our children?

     As reported recently in the Pittsburgh Post-Gazette, Michael Soto, a clinical psychologist at the University of Toronto, estimates that between 1 and 3 percent of men are sexually attracted to children 12 and under. Dr. Soto believes pedophilia is not a learned behavior but the result of something different in the brains of men sexually attracted to children. Studies have shown that about a third of these men were abused sexually as children. Dr. Soto thinks this childhood abuse might trigger a physiological predisposition.

     Dr. Thomas Plante, a psychological professor at Santa Clara University who has studied and treated pedophiles (including hundreds of priests), estimates that 5 percent of all men have a predilection to be sexually attracted to children. According to a recent interview the professor gave to New York Times reporter Lynn Zinser, not all of these men act on their deviant attraction. But still, any way you figure it, our country is crawling with sexual preditors who work in jobs that bring them into contact with children. And what better position could there be for such men than coaching sports?

     Pedophiles who sell insurance, drive trucks, or work in factories, unless they are involved in organizations like the Boy Scouts, YMCA or Big Brother, will draw suspicion when they engage in any of the behavior asociated with pedophilia. This would include excessive interest in boys under 12, buying them gifts, taking them places overnight, and laying hands on them. Athletic coaches do these things as a matter of routine.

     Pedophile coaches get away with their crimes because of the nature of the offense and the psychological make up of their victims. Boys who play sports serve at the pleasure of their coaches who they desperately want to please. These victims are reluctant to report being abused because they not only fear their coaches, they don't think anyone will believe them. Moreover, they're worried that the other players will think they are homosexuals. These boys are powerless in a culture dominated by sports fans and ex-jocks where coaches are kings. Even victims' fathers are afraid to offend coaches for fear of hurting their sons' athletic futures.

     In Pennsylvania, the way state authorities handled the 1998 sexual molestation allegations against Penn State coarch Jerry Sandusky illustrates why pedophile coaches are rarely brought to justice. Under Pennsylvania's Child Protective Services Law, Department of Public Welfare (DPW) social workers have the authority to "indicate" someone as a child molester. This determination is not made public, and is outside the criminal justice system. An employer of such a designee is informed of the status, this person is barred from contact with children, and a criminal background check is initiated.

     In the 1998 Sandusky case, the DPW worker was informed that the coach had been accused of sexually abusing an 11-year-old boy in a locker room shower. On June 1, the DPW official and a detective with the university police department questioned Sandusky in the Penn State weight room. The coach admitted showering with the boy and said he felt bad about that. Whether he admitted hugging the boy at that time is not clear. The DPW investigator later declined the opportunity to monitor an electronically eavesdropped conversation between coach Sandusky and the alleged victim's mother. In that confrontation, the coach admitted hugging the boy in the shower.

     The DPW social worker did not find "substantial evidence" of sexual abuse in this case. Had he done so, Coach Sandusky would have been barred from any contact with children through his charity, The Second Mile. His superiors at Penn State, including coach Joe Paterno, would have been alerted to the potential problem. The DPW official's decision, as well as Centre County District Attorney Ray Gricar's refusal to prosecute the case, allowed coach Jerry Sandusky continued access to children.

     Looking back at the 1998 allegations, many child protection workers believe there was substantial evidence of sexual abuse, and that Coach Sandusky should have been kept away from young boys. (The DPW handling of the 1998 case is covered in Moriah Balingit's article, "Ex-DPW Worker Discusses 1998 Sandusky Case," Pittsburgh Post-Gazette, December 11, 2011.)

     Because of our national obsession with athletics, we are sacrificing our children to the gods of sports--the coaches. New laws and greater awareness, in the face of this obsession, will not protect young atheletes. Pedophiles do not believe that what they do to kids is wrong. Therefore they can't be shamed or humiliated. They respond to their accusers with anger and defiance. And whether these men are coaches, elementary school teachers, or priests, they know how to use and abuse their power. And as long as they have this authority, they will continue to molest children under their control.