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Sunday, October 30, 2016

The Celina Cass Murder Case

     In July 2011, eleven-year-old Celina Cass lived in West Stewartstown, New Hampshire, a village of 800 in the northern part of the state not far from the Vermont/Canadian border. She resided in an apartment with her mother Louisa, her stepfather Wendell Noyes, her 13-year-old sister Kayla, and 22-year-old Kevin Mullaney, the son of her mother's former boyfriend.

    Luisa Cass, on July 26, 2011, reported Celina missing. The mother last saw her daughter at nine the previous night before Celina and Kayla slept over at a friend's house. (Details of what happened that night and exactly when Celina went missing are sketchy.)

     Celina's disappearance triggered a massive search that involved 100 police officers, hundreds of searchers, police dogs, and thousands of missing person posters. The FBI posted a $25,000 reward.

     At ten-thirty in the morning of August 1, 2011, a person spotted a body at the edge of the Connecticut River about a half mile from Celina Cass' apartment. The corpse, found at a popular fishing spot near a dam and a railroad trestle, turned out to be the missing girl. (For some reason, emergency personnel did not pull the body out of the river until ten-thirty that night.)

     The medical examiner, without revealing the cause of death, ruled the case a criminal homicide. Following the autopsy, a mortician cremated the corpse.

     Within a few months following the murder, Louisa Cass and Wendell Noyes, her 47-year-old husband, separated. In 2003, psychiatrists diagnosed Noyes with paranoid schizophrenia and committed him to a state mental facility. The diagnosis and commitment took place after Noyes broke into the home of an ex-girlfriend and threatened to hurt her. After that commitment and release, Noyes was in and out of several psychiatric wards.

     On January 10, 2012, police arrested Kevin Mullaney, the son of Louisa Cass' former boyfriend. The 22-year-old stood accused of a variety of crimes that included forging Lousia Cass' signature on a $250 check. Officers booked him into the Coos County Jail on charges of receiving stolen property, reckless conduct, and possession of a weapon by a felon.

     A jury, on June 12, 2012, found Mullaney guilty as charged. The judge sentenced him to two to six years in prison.

     In December 2013, with the Cass murder still unsolved, the apartment she and her family resided in went up in flames. No one was hurt. (The cause and origin of that fire was not publicly revealed.) Louisa and her daughter Kayla moved in with Kevin Mullaney's father.

     Residents of the New Hampshire community were frustrated that the Cass murder case remained unsolved. New Hampshire Senior Assistant Attorney General Jane Young told an Associated Press reporter in July 2015 that the case was still being actively investigated. However, Marcia Laro, the victim's paternal grandmother, told that reporter that she hadn't spoken to an investigator for well over a year.

     The New Hampshire Attorney General's office, on June 20, 2016, announced that detectives working on the Cass case had arrested Wendell Noyes, the victim's stepfather. Louisa Cass, the girl's mother, in speaking to a local television reporter, said, "I hope he rots."

     As of October 2016, no trial date had been set in the Cass case. The 52-year-old murder suspect remains in custody awaiting his trial. 

Monday, October 24, 2016

The Marissa Alexander Stand Your Ground Assault Case

     Marissa Alexander, when she married Rico Gray in June 2010, was six months pregnant with their child. She had two children from a previous marriage and Gray had five with five other women. One of his sons, and two of Marissa's children, lived with them in their rented Jacksonville, Florida home. She was 30 and he was 35.

     Rico Gray had physically abused his former partners and was beating up Marissa. In July 2010, he had thrown his pregnant wife across the room, then given her a black eye with a head butt. Marissa and her children moved out of the house and into her mother's place. She also filed for an order of protection against her husband.

     At the domestic violence injunction hearing, Rico Gray reportedly said this to the judge: "I got five baby mamas and I put my hand on every last one of them except one. The way I was with women, they was like they had to walk on eggshells around me. You know, they never knew what I was thinking...or what I might do...hit them, push them." The judge granted the order of protection.

     Marissa had the baby on July 23, 2010, and on August 1, returned to the rented house to gather up more of her clothes. While there, she showed Gray a cellphone photograph of their baby. After she entered the bathroom, Gray looked through her cellphone and came across text messages she had sent to her former husband that suggested she planned to leave him permanently and get back with her ex-spouse. Enraged, Gray stormed into the bathroom and allegedly said, "If I can't have you, no one can." He put his hands on her throat, threw her against the door, and threatened to kill her.

     Breaking free, Marissa ran into the attached garage and from her car grabbed her handgun. (It was licensed.) She returned to the house (She claims she couldn't exit the dwelling through the garage because the automatic door opener didn't work.) and encountered Gray standing in the kitchen next to his two sons. Fearing for her life, she (according to her account) fired a warning shot into the air. (Ballistics analysis, however, suggested that the bullet hit a wall and ricocheted up into the ceiling.)

     Rico Gray called 911. In reporting the shooting to the dispatcher he sounded more angry than frightened. A short time later, the house was surrounded by a SWAT team. Marissa was arrested and charged with three counts of aggravated assault. (Three counts because she had allegedly endangered three people.) Under Florida's so-called 10-20-life law, any person convicted of aggravated assault involving the discharge of a firearm is subject to a mandatory 20 year sentence.

     A few days after her arrest, Marissa was released on bail under orders from the judge to stay clear of her husband. But four months later, Marissa, in violation of the judge's order, went back to the house and punched Gray in the face. (She would later plead no contest to domestic battery.)

     With the approach of Marissa's aggravated assault by handgun trial, prosecutor Angela Corey, explained to the defendant that if convicted she would be sentenced to 20 years. The prosecutor offered her a deal: if she pleaded guilty to a lesser charge, the judge would sentence her to three years in prison. Marissa rejected the plea bargain offer.

     In defending Marissa Alexander, her attorney planned to rely on Florida's "stand your ground" law that was in the news as a result of the George Zimmerman/Trayvon Martin  murder case. (Angela Corey, the state's attorney in Marissa's case was the leading special prosecutor in the February 2012 Sanford, Florida shooting.) Under the "stand your ground" self-defense doctrine, a person who is threatened with death or serious bodily injury in a place where he has a right to be, has no duty under the law to retreat and can meet force with force.

     In a pre-trial hearing on the stand your ground issue, Judge James Daniel  ruled that the law didn't apply to Marissa Alexander because she had no reason to fear for her life in that confrontation with her husband. The defendant could therefore not rely on self-defense and the stand your ground doctrine.

     On March 16, 2012, a jury found Alexander guilty of the three aggravated assault counts. The judge, bound by Florida's 10-20-life law, sentenced her to 20 years in prison.

     Critics of mandatory sentencing laws, along with anti-domestic violence advocates, expressed outrage over the outcome of the Marissa Alexander case. Other than winning an appeal, Marissa Alexander's only other legal remedy involved a grant of clemency by Florida Governor Rick Scott. For that to happen, a member of the state clemency board would have to initiate the action. Marissa could only make application herself after she has served half of her sentence.

     In the George Zimmerman/Trayvon Martin murder trial, on July 13, 2013, the jury found defendant Zimmerman not guilty of second degree murder. He was also acquitted of the lesser homicide offense of manslaughter. In this case, the jury of six women found that because Zimmerman reasonably feared for his life during a fight with Trayvon Martin, the neighborhood watch leader was legally justified in standing his ground and eventually using deadly force against the 17-year-old. The jury had accepted the defense theory that at the time of his death the 17-year-old was on top of the defendant, banging his head against the sidewalk. Following the February 2012 shooting, Zimmerman had told police officers that he had been afraid the attacker would get control of his handgun.

     In 2013, an appeals court overturned Marissa Alexander's conviction on procedural grounds. The prosecutor immediately announced a second trial that was later scheduled for December 1, 2014. Marissa Alexander remained in custody pending the outcome of the second trial.

     On November 24, 2014, after spending 1,030 days behind bars, Marissa Alexander accepted a plea deal that consisted of two years probation during which time she would wear an electronic ankle bracelet. 

Sunday, October 23, 2016

P.J. Williams and the Florida State University Football Hit-And-Run Cover-Up

     At two-forty in the morning of October 5, 2014, in Tallahassee, Florida, Florida State University cornerback P.J. Williams and two passengers in his Buick Century drove into the path of an oncoming Honda CR-V driven by 18-year-old Ian Keith. Keith was returning home from his job at a nearby Olive Garden. Williams and his friends, one of whom was a teammate, had been celebrating the previous afternoon's football victory.

     Both vehicles in the accident were totaled. Keith's Honda sat in the street leaking fluid with its front end crumpled amid auto part debris. Bruised and cut from his deployed airbag, the teen climbed out of his car and waited for the police.

     P.J. Williams, the 21-year-old football star who had been named the most valuable defense player in last season's national championship game, fled the scene on foot with his friends. The accident had clearly been his fault, and he had been driving on a suspended license. He had also been drinking.

     Officiers with the Tallahassee Police Department responded to the scene. They asked Ian Keith where the occupant or occupants of the other vehicle had gone. Keith said the three men in the Buick had run off. A check of the Buick's license plate revealed it was registered to P.J. William's grandmother in Ocala, Florida.

     Twenty minutes after fleeing the accident scene, Williams returned with several friends and teammates. He apologized to the officers for leaving the scene of an accident, explaining that he "had a lot on the line." As the local football star rambled on incoherently, a female friend told him to stop talking. "You sound like you've been drinking," she said.

     The Tallahassee officers did not give Williams a field sobriety test or even ask him if he had been drinking or using drugs. Instead, they called two ranking officers with FSU security (no doubt ex-cops) and the director of the athletic department. Because the accident was off-campus, the security officers had no jurisdiction in the case and no business being there.

     At three-thirty that morning, the director of football player development came to the scene and drove Williams home. Ian Keith rode home in a tow truck.

     The FSU campus police officials did not write up a report on the accident. The Tallahassee officers, without conducting an investigation, submitted a report stating there was no evidence of alcohol or drug use associated with the accident. The crash involving the football star went unreported in the local media.

     Rather than being charged with hit-and-run, the police issued Williams a ticket for making an improper left turn and a ticket for driving on a suspended license. His fines totaled $392. Had Williams not been a Florida football star, the officers would have placed him in handcuffs and hauled him off to jail where he would have been tested for alcohol and drugs. He would have been charged with hit-and-run, driving under the influence, and driving without a license. He would have been in big trouble.

     Two days after the accident, Williams paid $296 in overdue fines related to an earlier speeding ticket. I wonder who gave him the money for that. 

Thursday, October 13, 2016

Cop Killers Rafael Jones and Chancier McFarland

     In October 2009, a Philadelphia judge sentenced Rafael Jones, a 21-year-old street thug, to four years in prison for a variety of crimes involving firearms. As a juvenile, Jones had a record of drug dealing, auto theft, and gun possession. He lived in a North Philadelphia neighborhood with his grandmother, Ada Banks. After serving two years behind bars, Jones walked out of prison on parole. He returned to his high-crime neighborhood where, early in 2012, he was shot and wounded by another North Philadelphia criminal.

     Early in July 2012, police arrested Jones on a parole violation related to the illegal possession of a gun. While incarcerated in the Curran-Fromhold Correctional Facility, Jones' state parole officer asked his grandmother, Ada Banks, if Jones could live with her, under house arrest, following his release from prison. She said no. Banks didn't want Jones back in his old neighborhood where he had gotten into so much trouble. She suggested that prison authorities send Jones to his aunt's house in a better part of the city. The parole officer, rather than make the arrangements with the aunt, instructed Jones' grandmother to send the parolee to his aunt's house when he got out of jail and showed up at her place.

     On July 25, at Jones' parole hearing, Common Pleas Judge Susan Schuman set August 8, 2012 as Jones' release date. The judge emailed prison officials to instruct Jones to report directly to his grandmother's house where someone from the state board of probation and parole would outfit him with an electronic monitoring ankle bracelet. (The judge wasn't aware that the grandmother was supposed to send Jones on to his aunt's house.) Signals from Jones' electronic device would be monitored in Harrisburg, Pennsylvania. If Jones left the dwelling for an unauthorized reason, the parole office in Philadelphia would either receive an email or telephone alert from Harrisburg. Jones, although under house arrest, could leave the premises to look for a job, to complete his GED, or to do community service work.

     On August 8, 2012, the day Jones got out of jail, the state parole officer didn't escort Jones from the prison directly to his aunt's house where he was supposed to be outfitted with the electronic equipment. Instead, the parolee walked out of prison unsupervised. The fact he didn't report to his grandmother's house, or check in to his aunt's place, should not have shocked anyone. As one would expect, he returned to the streets in North Philadelphia where he wasted no time getting his hands on the tool of his trade, a handgun.

     At six in the morning of August 18, just ten days after leaving prison, Rafael Jones and 19-year-old Chancier McFarland, an associate with a long juvenile record of crime and violence who was currently out on bail in connection with a drug case, were prowling the North Philadelphia neighborhood in search of someone to rob. (Job hunting, thug style.) The two robbers in search of a victim came upon Moses Walker, Jr., a 40-year-old Philadelphia police officer. After completing his night shift at the 22nd district police station in North Philadelphia, the 19-year veteran of the force had changed into his street clothes and was walking toward the bus station.

     When confronted by Jones and McFarland who had been stalking him for robbery, Walker reached for his sidearm. Before the off-duty officer could protect himself, the two muggers shot him in the chest, stomach, and arm. Officer Moses Walker died on the street where he was shot.

     Following officer Moses Walker's murder, the city of Philadelphia and the police union posted a reward of $100,000 for information leading to the identification of the cop-killers. Several people came forward with information that led to Jones' arrest on August 24, 2012. Charged with murder and robbery, he was placed in custody without bail. On Sunday August 26, Chancier McFarland was arrested in Alabama.
 
     In June 2014, Chancier McFarland pleaded guilty to third-degree murder to avoid going to prison for life. He also agreed to cooperate in the prosecution of Rafael Jones. The judge sentenced McFarland to 20 to 40 years.

     On December 13, 2014, after a four-day nonjury trial, Common Pleas Judge Jeffrey P. Minehart found Rafael Jones guilty of first-degree murder, robbery, conspiracy, and three firearm offenses. The first-degree murder conviction carried a mandatory life sentence.

     Several of Jones' relatives were in the courtroom as the judge announced his verdict. "We love you," they said. "This too shall pass."
           

Monday, October 3, 2016

The John Mallett Stabbing Spree

 
     As a teenager growing up in New York City, John Mallett spent time in the juvenile wing of the jail on Rikers Island. He had stabbed a boy in a fight over a girl. As a young adult, Mallett, a paranoid schizophrenic, continued to have problems with the law. He served three years in prison for robbery. Mallett's family tried to get him help through the courts and public health, but were ignored. They learned that the criminal justice system is of no help to a family of a violent, mentally ill person until that person commits a heinous crime. Then, of course, it is too late.

     In 2002, Mallett moved to Nashville, Tennessee where his mental illness continued to lead him into trouble. In March of that year, he was convicted of resisting arrest, and in July 2010, for criminal trespass. In February 2011, just before moving to Columbus, Ohio, the authorities in Nashville charged Mallett with the unlawful possession of a weapon. (That charge was later dismissed.)

     In Columbus, Mallett moved in with his aunt. He became such a problem for her she asked him to move out. This may have placed the mentally ill man under considerable stress. On March 14, 2012, while in downtown Columbus a few blocks from the state capitol, Mallett entered the 25-story Continental Centre building carrying three knives, one of which came from his aunt's kitchen. The office building housed, on the first floor, a for-profit trade school (criminal justice, security, investigation, and court reporting) called Miami-Jacobs Career College. The school, owned by the Delta Career Education Corporation headquartered in Virginia Beach, Virginia, consisted of 37 campuses and 16,000 students around the country.

     In the trade school's admissions office, Mallett, carrying a knife in each hand, repeatedly stabbed two employees and a criminal justice student. Back outside, he knifed an attorney who worked for the state attorney general's office, also housed in the building. Several bystanders tried but failed to disarm Mallett. One of the witnesses dialed 911.

      Within minutes of the 911 call, Columbus patrol officer Deborah Ayers pulled up to the building. The 15-year veteran of the force confronted Mallett near the building's entrance. "Sir," she yelled, "you need to put the knife down. Sir, please put the knife down!" Instead of complying with the officer's command, Mallet lunged toward her with his knife. Ayers fired 11 shots at Mallet, hitting him several times. Before he collapsed to the pavement, a second officer shocked him with a stun gun.

     The 37-year-old Mallett and his four victims were rushed to a local hospital. They were expected to survive their wounds. The fact Mallett lunged at the officer with the knife suggested a suicide-by-cop attempt.

     On Thursday, March 15,2012, he day after the rampage, the local prosecutor charged John Mallett with four counts of felonious assault.

     A battery of psychiatrists appointed by the court to examine Mallett concluded that he suffered from severe paranoid schizophrenia. On June 10, 2013, Franklin County Judge Kimberly Cocroft found Mallett not guilty by reason of insanity.

     A few weeks after the verdict, corrections officials assigned the schizophrenic to a Columbus area forensic psychiatric facility where he was to remain incarcerated until his doctors declared he was sane enough to rejoin society. 

Saturday, October 1, 2016

The Miami Beach Check-Out Line Murder Case

     On Monday December 1, 2014, at the M & L Market in Miami Beach, Florida, 58-year-old Mohammed Hussein found himself standing in the express check-out line behind a man with a basket overloaded with groceries. Mr. Hussein, the father of two, complained to this shopper that he was in the wrong line, that he had far too many items to check out. The express line violator ignored Mr. Hussein and continued to unload his grocery basket.

     When Mr. Hussein again objected to what the shopper in front of him was doing, the man told him to mind his own business. This led to an exchange of angry words. In the midst of the argument, the offending shopper, without warning, delivered a vicious backhand that knocked Mr. Hussein off his feet.

     The unconscious victim fell backward and his head bounced off the grocery store floor. Blood immediately began pooling around his skull. As the man who struck him fled the store an employee called 911.

     Paramedics rushed Mr. Hussein to the Ryder Medical Center where he slipped into a coma with a fractured skull and severe bleeding on the brain. Back at the M & L Market, detectives viewed surveillance camera footage of the assault.

     On Thursday night December 11, 2014, officers with the Miami Beach Police Department arrested 53-year-old Roger Todd Perry at his home in Palm Beach County. A Miami-Dade County prosecutor charged Perry with felony battery of Mr. Hussein. Shown the surveillance camera footage and informed that several witnesses had picked him out of a photo line-up, Mr. Perry confessed to striking Mr. Hussein in the grocery store check out line.

     Two days after officers arrested Roger Perry, Mohammed Hussein passed away. His autopsy revealed that he had died of "complications of blunt force head injury." Perry was booked into the Miami-Dade County Jail.

     On December 15, 2014, the Miami-Dade County prosecutor upgraded Roger Perry's felony battery charge to second-degree murder. At his arraignment on the murder charge, Perry asked the judge, "Did that man pass away?"

      Mr. Perry's attorney, public defender Elliot Snyder, in arguing for a bail amount the defendant could afford, told the arraignment judge that his client was mentally unstable. According to the defense attorney, Roger Perry suffered from two disorders: bipolar and post-traumatic stress. Attorney Snyder also cited a 2002 Broward County case involving two elderly men who got into a fight at a movie theater. The victim hit his head and died. The prosecutor charged the 74-year-old suspect with manslaughter. The defendant pleaded guilty to that charge in exchange for a six month jail sentence.

      The judge ordered an evaluation of Perry's mental condition and denied him bond.

     Residents at Roger Perry's apartment complex told reporters that the murder suspect had indicated that he had been a member of the Marine Corps.

     On September 30, 2016, Roger Perry pleaded guilty to manslaughter. The judge sentenced him to seven years in prison.