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Wednesday, December 28, 2022

The Edgar Steele Murder-For-Hire Case

     Edgar J. Steele, in 2009, resided with his wife Cyndi on a horse ranch near the town of Sagle in northern Idaho. Ten years earlier, Steele, a lawyer who billed himself as the "attorney for the damned," represented Aryan Nations founder and leader Richard Butler in a civil suit the white supremacist lost.

     In January 2010, the 65-year-old Steele solicited a man (who was not identified in the media) to kill his 50-year-old wife and her mother by staging a fatal car accident. According to the murder-for-hire plan, Steele would pay the hit man $25,000. If his wife's life insurance paid off, Steele would kick in an additional $100,000 for the double-hit.

     On June 9, 2010, the man Steele had solicited for murder got cold feet and called the FBI. The next time the would-be hit man and the mastermind met, the snitch secretly recorded Steele soliciting the murders of his wife and his mother-in-law.

      Shortly after the recorded meeting with the informant, FBI agents arrested Steele at his home. While the attorney sat in the Kootenai County Jail, FBI agents questioned his wife.

     According to Cyndi Steele, between 2000 and 2010, her husband had sent 14,000 emails to hundreds of Ukrainian women. In 2000, she caught him soliciting relationships with Ukrainian women on Match.com. To lay a trap, Cyndi posted a phony profile of her own on Match.com under a fake name. Steele replied to her posting. Cyndi Steele filed for divorce, but not long after that, the couple reconciled.

     A few days following Steele's arrest, his wife decided to get an oil change before driving to Oregon to visit her mother. When an employee of the oil change service looked under her SUV, he discovered a pipe bomb. ATF agents responded to the scene and disarmed the device.

      Following the car bomb discovery, FBI agents arrested Larry Fairfax, a former Edgar Steele handyman. Fairfax confessed to planting the car bomb on May 20, 2010. According to Fairfax, Edgar Steele had given him $10,000 in silver coins as a downpayment for the murder of Cyndi and her mother. As part of the murder-for-hire plan, Fairfax was supposed to plant another pipe bomb under Edgar Steele's car, a device the murder-for-hire mastermind could detonate to make himself look like an intended victim.

     On June 15, 2010, a grand jury sitting in Coeur d' Arlene indicted Edgar Steele on two counts of using interstate commerce facilities in the commission of murder-for-hire. The grand jury also indicted him for tampering with a federal witness. (From his jail cell, Steele had called his wife to tell her that the voice on the audio tape that contained the murder-for-hire conversation with the FBI snitch was not him.)

     The government provided Steele, who claimed he was broke, with a federal public defender. However, by February 2011, Steele's supporters had raised $120,000 for his defense. That allowed the accused to hire Robert T. McAllister, a prominent trial attorney from Denver.

     In January 2011, Larry Fairfax pleaded guilty to federal charges related to the placing of the pipe bomb on the intended victim's car. In return for his promise to testify against Steele at his upcoming trial, the judge sentenced Fairfax to 27 months in prison.

     The Edgar Steele murder-for-hire trial got underway on April 30, 2011 in Coeur d' Arlene, Idaho before federal judge B. Lynn Winmill. Assistant United States Attorney Traci Jo Whelan, in an effort to establish the defendant's motive in the case, introduced several love letters Steele had written from his jail cell to a Ukrainian woman named Tatyana Loginova.

     Larry Fairfax took the stand and testified that he had placed the pipe bomb under Cyndi Steele's SUV and Edgar Steele's car.

     Defense attorney Robert McAllister portrayed the government's case against his client as a conspiracy based on perjured testimony and FBI wrongdoing. According to McAllister, the federal government objected to Steele's political beliefs and wanted to silence him.

     Cyndi Steele took the stand to testify on her husband's behalf. (This was not the first time in a murder-for-hire case where the targeted wife stood by the husband who had plotted her death.)

     On May 5, 2011, the jury of eleven women and one man found Edgar Steele guilty on all counts. Seven months after this verdict Judge Winmill sentenced the murder-for-hire mastermind to fifty years to be served at the federal corrections facility at Victorville, California.

     Steele, with the help of a new lawyer, appealed his conviction to the 9th Circuit Court of Appeals in Denver. According to the appellant, Judge Winmill had improperly instructed the jury. Steele also claimed that he had been denied adequate counsel. This assertion was based on the fact that one month after the guilty verdict, attorney McAllister was disbarred for stealing money in an unrelated case. As a result, he had been so distracted by his own legal problems that he hadn't performed well for Steele.

     In October 2013, the three-judge panel sitting on the 9th Circuit Court of Appeals affirmed Steel's murder-for-hire conviction. The decision, however, did not deter Steele's ardent supporters, people who claimed the FBI framed him because of his anti-government politics. They continued, without result, to fight for his freedom.

Friday, December 23, 2022

The Juan Rivera False Murder Confession

     Anyone, under the right conditions, can falsely confess to a crime, but those most prone to this are young people, the mentally slow and arrestees terrified of the police. False confessors often think that the investigators will eventually catch the real criminal and everything will be straightened out. These people obviously don't know much about law enforcement and the criminal justice system.

     An interrogator more interested in getting at the truth than acquiring a confession should suspect that something is wrong when the physical evidence contradicts the confessor's account of the crime. Factual inconsistency within the confession is another sign of trouble. To avoid false confessions, interrogators should be careful not to feed details of the crime to suspects. Interrogators should also ask open ended questions. Contradictions in confessions should be resolved before the written statements are signed. To reduce the risk of coercion, prolonged questioning should be avoided, and only one officer should conduct the interrogation in a calm and professional manner. Ideally, an interrogator should only try to acquire a confession when there is substantial evidence of guilt. Interrogation techniques should not be used on weak suspects.

     All interrogations should be video-taped (In some states this is required by law.) and no conviction should be based solely on the strength of a confession.

The Juan Rivera Case

     On the night of August 17, 1992, someone raped and stabbed to death an 11-year-old girl named Holly Staker who was baby-sitting two young children in Waukegan, Illinois. The Lake County police questioned 200 people that included a 19-year-old with a ninth-grade education named Juan Rivera. Rivera said he had attended a party that night not far from the murder house. At the party he had noticed a man who had behaved strangely. Weeks later, on October 27, 1992, the police brought Rivera back to the station for a second interview. Rivera told the same story, but the interrogators didn't believe him.

     Following a psychologically brutal, nonstop 24-hour interrogation, Rivera broke down and confessed to raping and murdering Holly Staker. When asked why his fingerprints were not at the scene of the crime, Rivera provided a helpful explanation. After stabbing the girl 27 times, then raping her, Rivera said he bashed in a door with a mop to simulate a break and entering. Before leaving the house he removed his fingerprints by wiping off the mop handle with a towel. He then broke the murder knife and tossed the pieces in the victim's backyard.

     In 1993 a jury found Rivera guilty and sentenced him to life. In two subsequent trials, the last being in 2009, juries found him guilty again even though DNA testing in 2005 ruled him out as the depositor of the semen inside the victim's body. (The prosecutor wished this exonerating evidence away with the preposterous theory that the 11-year-old had had sex with another man just before being murdered by Rivera.) The fact Rivera had been convicted of such a serious crime without the benefit of physical evidence linking him to the crime scene or the murder weapon revealed the power Rivera's confessions had over the jurors.

     On December 10, 2011, an Illinois appellate court reversed Rivera's murder conviction. The judge also barred Lake County prosecutors from trying Rivera for the fourth time. A week later, the 39-year-old, after 19 years served at the Statesville Correctional Center near Joilet, walked out of prison. Because Rivera's interrogators manufactured a false confession, Holly Staker's killer was not brought to justice.

Friday, December 9, 2022

Collateral Damage in a Botched SWAT Raid

     After their house in Wisconsin burned down in August 2014, Alecia Phonesavanh, her husband and their four children, ages one to seven, moved into a dwelling outside of Cornelia, Georgia occupied by two of Alecia's relatives. The family took up residence with 30-year-old Wanis Thonetheva and his mother. They had knowingly moved into a a place where drugs were sold by Wanis who had a long arrest record.

     Wanis Thonetheva had been convicted of various weapons and drug related offenses. In October 2013, a Habersham County prosecutor charged him with possession of a firearm in the commission of a felony. The felony in question involved selling methamphetamine. In May 2014 Thoretheva was out on bail awaiting trial in that case.

     Shortly after midnight on Wednesday May 28, 2014, a confidential drug informant purchased a quantity of meth from Thonetheva at his house. Once the snitch made the sale, Thonetheva left the premises for the night. Had narcotics officers been surveilling the house they would have known that.

     Based on the informant's drug purchase, a magistrate issued a "no-knock" warrant to search the Thonetheva residence. Just before three in the morning, just a couple of hours after the meth buy, a 7-man SWAT team made up of officers with the Cornelia Police Department and the Habersham County Sheriff's Office approached the Thonetheva dwelling. A family sticker displayed on a minivan parked close to the suspected drug house indicated the presence of children. If a member of the raiding party had looked inside that vehicle the officer would have seen several children's car seats. A used playpen in the front yard provided further evidence that children were in the house about to be forcibly entered without notice.

     According to the drug informant, men were inside the house standing guard over the drugs. Against the force of the battering ram the front door didn't fly open. SWAT officers interpreted this to mean that drug dealers were inside barricading the entrance. A SWAT officer broke a window near the door and tossed in a percussion grenade. The flash bang device landed in a playpen next to 19-month-old Bounkham Phonesavanh. It exploded on his pillow, ripping open his face, lacerating his chest and burning him badly. The explosion also set the playpen on fire.

     There were no drug dealers or armed men in the house. The dwelling was occupied by two women, the husband of one of them and four children.

     At a nearby hospital, emergency room personnel wanted to fly the seriously injured toddler to Atlanta's Brady Memorial Hospital. But due to weather conditions, Bounkham had to be driven by ambulance 75 miles to the Atlanta hospital. In the burn unit doctors placed the child into an induced coma. (The child would survive his injuries.)

     Shortly after the SWAT raid, police officers arrested Wanis Thonetheva at another area residence. Officers booked him into the Habersham County Detention Center on charges related to the sale of meth to the police snitch. The judge denied him bail.

     Many local citizens criticized the police for tossing a flash bang grenade into the house without first making certain children were not inside. Critics wanted to know why the narcotic detectives hadn't asked the informant about the presence of children. He had been inside the dwelling just a couple of hours before the raid.

     Habersham County Sheriff Joey Terrell told reporters that SWAT officers would not have used a "distraction device" if they had known that children were in the house. Cornelia Chief of Police Rick Darby said, "We might have gone in through a side door. We would not have used a flash bang. But according to the sheriff, members of the SWAT team had done everything correctly. As a result, he could see no reason for an investigation into the operation.

     As far as Sheriff Terrell was concerned, Wanis Thronetheva was responsible for what happened to Bounkham Phonesavanh. He said prosecutors might charge the suspected meth dealer in connection with the child's flash bang injuries.

     In September 2014, due to public criticism of the raid, a state grand jury began hearing testimony regarding the incident. A month later the grand jurors voted not to bring any criminal charges against the officers involved in the no-knock predawn SWAT raid. 

Friday, December 2, 2022

The Suge Knight Hit-And-Run Murder Case

     Marion "Suge" Knight was born and raised in the Los Angeles suburb of Compton. In 1984 he enrolled at the University of Nevada on a football scholarship. Following college he played briefly for the Los Angeles Rams as a defensive lineman. His stint as a bodyguard for singer Bobby Brown provided him an inside look at the music industry that led to his co-founding, in 1991, of Death Row Records. His roster of performers included Snoop Dogg and Tupac Shakur.

     In 1995 one of Knight's employees, Jake Robles, was shot to death at a party in Atlanta, Georgia. Knight, who attended the event, blamed the murder on rapper P. Diddy's bodyguard. The shooting marked the beginning of the so-called east coast/west coast rap war.

     In 1996 Mr. Knight was behind the wheel of a vehicle in Las Vegas with rapper Tupac Shakur in the passenger's seat. An assailant fired a bullet into the car killing Shakur. On the night of Shakur's murder police officers arrested Suge Knight for assaulting a man in a Las Vegas hotel room. That lead to a five-year stretch in prison.

     Knight returned to prison in 2002 after violating the terms of his parole by associating with a known gang member. The following year police officers arrested him for punching a parking lot attendant outside a Hollywood, California nightclub.

     In 2005, Mr. Knight became the victim of a crime himself when, while attending a party in Miami in honor of Kanye West's appearance at the MTV Video Music Awards, a gunman shot him in the right leg. The following year his legal problems and the departure of his top rapper forced him to file for bankruptcy.

     At one-thirty on the morning of August 25, 2014, while attending a MTV Video Music Awards party in West Hollywood hosted by singer Chris Brown, a gunman shot Knight six times. Two other partygoers were wounded in the shooting spree. No arrests were made in that case.

     In October 2014, Beverly Hills police arrested Knight and comedian Micah "Katt" Williams for allegedly stealing a camera that belonged to a female celebrity photographer. The men pleaded not guilty to the charge.

     On January 29, 2015, Suge Knight's association with crime and violence came to a head in his hometown of Compton, California when he showed up on a movie set where rappers Ice Cube and Dr. Dre were working. The intruder ignored security personnel who asked him to leave. After fighting with two members of the film crew, Knight drove off in his red F-150 Ford Raptor pickup truck.

     Not long after leaving the movie set, at three that afternoon, Knight got into another fight with two men in the parking lot of a fast-food restaurant called Tam's Burgers. The fight ended with Knight running over the men with his truck. He killed 55-year-old Terry Carter, a man he knew, and injured "Training Day" actor Cle "Bone" Sloane, 51.

     Police later found Mr. Knight's truck in a West Los Angeles parking lot.

     According to Lieutenant John Corina with the Los Angeles Sheriff's Office, "It looked like Mr. Knight drove backwards into the victims then lurched forward and hit them again. The people we talked to say it looked like it was an intentional act."

     A Los Angeles County prosecutor charged Knight with criminal homicide and hit and run. On Friday night January 30, 2015, Knight, accompanied by his lawyer, turned himself to the sheriff's office. He smoked a cigar and smiled at photographers as though this was not a big deal. Later that night, after questioning him, Officers booked Knight into the Los Angeles County jail. The judge set his bond at $2 million.

     James Blatt, Knight's attorney, told reporters that his client had accidentally killed a friend and injured another man as he fled from being attacked. The lawyer did not explain the hit-and-run aspect of his client's behavior. "We are confident," he said, "that once the police investigation is completed Mr. Knight will be totally exonerated."

     On March 20, 2015, after the prosecutor upped the charge against Knight to first-degree murder, the judge raised the defendant's bond to $25 million. Upon hearing this, Knight fainted, hit his head on the defense table and knocked himself out. Paramedics rushed him to a nearby hospital where he recovered quickly and was sent back to jail. (The bail was later reduced to $10 million.)

     Because Knight fired his first four lawyers, his murder trail remained on hold and he remained in jail. At one point, he claimed that he was being tortured in jail by inmates. In January 2016, Knight's fifth lawyer, former prosecutor Stephen L. Schwartz, announced that the boxing champion Floyd "Money" Mayweather had agreed to post his client's $10 million bond. If this were true, Mayweather did not come through on the promise and Knight remained behind bars.

    Suge Knight's murder trial, set for January 8, 2018, was again postponed after members of his legal team--Thaddeus Culpepper and Mathew Fletcher--were indicted for attempting to bribe witnesses. The next trial date, April 2018, was delayed when the defendant was hospitalized for eye surgery. On April 25, 2018, a Los Angeles County judge set the new murder trial date for September 24, 2018.

    On September 20, 2018, just days before his murder trial in Los Angeles Superior Court, Suge Knight pleaded no contest to the reduced charge of voluntary manslaughter. In return for his plea, the judge sentenced him to 28 years in prison.