8,395,000 pageviews


Wednesday, May 31, 2023

The Hickory Street Four Murder Case

     On the night of January 9, 2013, 24-year-old Joshua Miner and his girlfriend, Alisa Massaro, 18, were drinking and doing drugs at a house in Joliet, Illinois, a town of 150,000 forty miles southwest of Chicago. They were partying in Massaro's Hickory Street home where she resided with her father, Phillip. Bethany McKee, an 18-year-old who lived in Shorewood, Illinois was at the booze and drug party as well. Adam Landerman, a 19-year-old whose father worked as a sergeant with the Joliet Police Department, rounded out the group. Mr. Massaro, the father of the host, was in the house that night.

     Joshua Miner, the oldest partygoer, possessed a serious criminal record. When he was sixteen he pleaded guilty to filming a child pornography video. In 2010, a jury convicted him of residential burglary. Instead of prison, the judge enrolled the heavy drug user into a boot camp program As the oldest and most criminally experienced member of the party group, Miner assumed the role of leader.

     Later that evening, Joshua Miner invited two more people to the Hickory Street house. These young men, Eric Glover and Terrence Rankin, were acquainted with the party attendees. The 22-year-old men no idea what lay in store for them.

     On Friday, January 11, 2013, Bethany McKee's father, a resident of Shorewood, Illinois, reported to the police that his daughter had just called him with a disturbing request. She and her friends needed help in disposing of the bodies of two men murdered a day or so earlier in the house on Hickory Street.

     When the Joliet police stormed into the Massaro home they found two of the original partygoers, Minder and Landerman, still boozing it up, snorting cocaine and playing video games. Eric Glover and Terrence Rankin were in the house as well, but they were dead. Both men had been strangled, and someone and had tied plastic bags around their heads.

     Bethany McKee had left the house before the police stormed into the dwelling. Police officers picked her up a short time later in Kankakee, Illinois. Alisa Massaro's father, the owner of the dwelling, was at the murder scene when police raided the house.

     Not long after being taken into custody, the four partygoers opened-up to detectives about the double murder. Joshua Miner informed his interrogators that he had lured Glover and Rankin to the party by giving them the impression they would be having sex with Massaro and McKee. Once in the house, Miner and Landerman strangled the victims to death. The victims were killed for their cash and drugs.

     Miner said he planned to dismember the bodies and dump the remains in a river or lake, or put the body parts into trash bags and curb them in another town on garbage day. Landerman, in furtherance of the garbage disposal plan, had purchased rubber gloves, bleach, a saw and a blow torch. Police arrested the men before they had the chance to dismember the victims for disposal.

     Joshua Miner, in confessing to detectives, painted Alisa Massaro as a woman as depraved and sexually deviant as himself. According to the 24-year-old child pornographer, Alisa had fantasized about having sex with a dead man. (I'm not sure how that would work.) After Miner and the police officer's son strangled the victims, they lined-up their bodies side-by-side and covered them with a blanket. Miner and Massaro then engaged in sex on top of the corpses.

     Bethany McKee, the 18-year-old who had asked her father for help in disposing of the bodies, told detectives that Joshua Miner had planned to save the victims' teeth as trophies. After helping Miner murder Glover and Rankin, Adam Landerman, according to McKee, danced around the room and speculated about how much money the dead men carried in their pockets. Miner and Landerman then drove off in Eric Glover's car to score cocaine from Miner's drug supplier.

     On Monday, January 14, 2013, a Will County prosecutor charged the four suspects with two counts each of first-degree murder. The judge set bail for each defendant at $10 million. Fortunately for these defendants, Illinois did not have the death penalty. In the the local media, the accused killers were referred to as the "Hickory Street Four." The sensational nature of the case led to a court battle over how much information the authorities were allowed to share with reporters. Not long after the arrests, a judge issued a gag order in the case.

     In May 2014, Alisa Massaro, the daughter of the man who owned the Hickory Street house, pleaded guilty to two counts of robbery and two counts of concealing a homicide. Will County Judge Gerald Kinney sentenced her to ten years in prison. Given time served and other factors, Massaro could be out of prison in less than four years. As part of the plea deal, Massaro agreed to testify against the other three defendants at their upcoming murder trials.

     Joshua Miner and Bethany McKee, in separate murder trials in November 2014, were found guilty and sentenced to life without parole. The jury, in June 2015, found Adam Landerman guilty as charged. The Will County judge sentenced him to life without parole.    

Sunday, May 28, 2023

Donald Williams Jr.: Dumb And Dangerous

     Donald Williams Jr., born and raised in a crime-ridden Philadelphia neighborhood to parents who physically abused him and spent their welfare money on crack, murdered a man in 1994. The 20-year-old with a low I.Q. and no idea how to make his way in civilized society, had assaulted his former girlfriend, then killed her boyfriend. Convicted of third-degree murder in 1996, the judge sentenced Williams to ten years in prison. (In Pennsylvania third-degree murder convictions are almost always the result of plea deals.)

     Early in 2009 Williams began dating a woman from Reading, Pennsylvania named Maria Serrano. In May of that year, after letting him move in with her, Serrano kicked the 35-year-old out of her house. The infuriated ex-con took up residence in a halfway house in Reading.

     On June 25, 2009, Williams returned to Serrano's home. That night he raped her. But he didn't leave it at that. While she took a shower he stabbed her with a screwdriver. Williams then threw the 49-year-old woman down her basement steps, doused her with gasoline, lit her up and left her for dead.

     To the 911 dispatcher, Maria Serrano screamed, "Oh my God, I am bleeding! Hurry up! There is a fire, I am burning all over the place! There is a fire in the house! Hurry up!" Paramedics rushed the badly burned woman to the Lehigh Valley Burn Center near Allentown, Pennsylvania. On August 8, 2009 she died of her injuries.

     A Berks County prosecutor charged Williams, who was already in custody on the rape, arson and aggravated assault charges, with first-degree murder. The prosecutor said he would seek the death penalty in this case.

     The Williams trial got underway on September 12, 2013 before Berks County Judge Scott D. Keller and a jury of seven women and five men. When Assistant District Attorney Dennis J. Skayhan rested his case there was no doubt who had tortured and murdered Maria Serrano. Before she died the victim had identified Williams as her attacker. A state forensic expert had connected the defendant to the rape though his DNA.

     Public defender Paul Yessler put Williams on the stand. The defendant did not deny that he had raped, stabbed and set fire to the woman he had thrown down a flight of stairs. In a bold and obvious lie that did not go over well with the jurors, Williams claimed to have "flipped-out" that night after catching Serrano having sex with his younger brother.

     Prosecutor Skayhan, as part of his closing argument, played the victim's 911 tape. Public defender Yessler, in his closing statement, emphasized the defendant's 83 I.Q., his ghetto upbringing and his childhood abuse. In referring to Williams, Yessler said, "This guy did not have a chance from the get-go."

     Six days after the opening of the trial, the jury, after deliberating six hours, found Williams guilty of rape, arson and first-degree murder. The defendant showed no emotion at the reading of the verdict.

     Because the prosecution sought the death penalty in this case the judge scheduled a two-day sentence hearing. In arguing for the death sentence, prosecutor Skayhan focused on how the tortured victim had died a slow, agonizing death. Public defender Yessler, in pushing for life, highlighted the defendant's low I.Q. and inability to control his impulses.

     The jury, after deliberating two hours on the sentencing issue, informed Judge Keller that a consensus could not be reached. The judge had no choice but to sentence Donald Williams to life in prison without parole.

     In speaking directly to the convicted murderer, Judge Keller made no secret of where he stood on the question of punishment in this case. "You deserved the death penalty," he said without trying to disguise his disgust at the jury's performance. "It was torture in any man or woman's world. You inflicted a considerable amount of pain and suffering on a victim which is unnecessary, heinous, atrocious and cruel."

     While few would disagree with the judge's analysis of this murderer, William's low I.Q. would probably have kept him out of the death chamber anyway. Appellate judges do not like the idea of executing mentally slow people. 

Saturday, May 27, 2023

The Lauren Harrington-Cooper Student Sex Case

     In 2013, 31-year-old Lauren Harrington-Cooper earned $45,075 a year as an English teacher and lunch room monitor at Wyoming Valley West High School in Plymouth, Pennsylvania. She and her husband Raphael resided in nearby Kingston, a suburban community across the Susquehanna River from Wiles-Barre in the northeastern part of the state.

     In August 2012 Harrington-Cooper and Raphael started the Cooper Dance Academy that offered instruction in ballet, tap, jazz, hip hop, ballroom and Zumba dancing. She also held a position as adjunct professor at Misericordia University, a four-year Catholic school in the town of Dallas not far from Wilkes-Barre.

     On December 12, 2013 the parents of an 18-year-old Wyoming Valley West senior informed the school's principal of sexually explicit text messages sent by Harrington-Cooper to their son. When questioned by his parents and the police the student said his English teacher, during the past week, performed oral sex on him three times. He also claimed to have engaged in sexual intercourse with her twice.

     Harrington-Cooper, when interviewed by detectives admitted picking up the student and driving around with him before they had sex in her vehicle.

     Plymouth police officers and Luzerne County detectives booked Harrington-Cooper into the county jail on December 18, 2013 on the charge of institutional sexual assault. (In Pennsylvania, a teacher who has sex with a student over 18 can be charged with this third-degree felony. A teacher who has sex with a student younger than 16 can be charged with statutory rape. If the victim is between 16 and 18 the appropriate charge is corrupting a minor.) If convicted of institutional sexual assault Harrington-Cooper could be imprisoned up to seven years. Shortly after her arrest the judge released the suspect on $25,000 bond.

     Police arrested the English teacher again on January 9, 2014 on charges of corrupting a minor. According to the criminal complaint, Harrington-Cooper, in October and November of 2013 performed oral sex on a 17-year-old student. The relationship allegedly started after Harrington-Cooper told one of her female students that she thought the boy was good looking. The male student responded by leaving the teacher a note that included his cell phone number. Following her arrest on this charge the judge released the suspect on another $25,000.

     On January 22, 2014 Lauren Harrington-Cooper resigned from her Wyoming Valley West teaching job. Six days later police officers took her into custody again. This time the criminal allegations involved two boys, one 16 and the other 17. The teacher, in October, November and December 2013, after meeting the 16-year-old boy at a shopping center, allegedly kissed and rubbed against him in her car. She also showed him the butterfly tattoo on her breast.

     The 16-year-old student told detectives that he had taken English from Harrington-Cooper in seventh grade then had her again when he was a junior. Because they were carrying on in a public place he felt uncomfortable. She allegedly informed him that she was having trouble in her marriage.

     Later on the teacher asked both boys to delete the sexually explicit text messages she sent them, noting that they would soon be questioned by the police.

     In the case involving the 16-year-old, the Luzerne County prosecutor charged Harrington-Cooper with unlawful sexual contact. The judge released her on $50,000 bail. She pleaded not guilty to all charges.

     On March 21, 2014, an attorney from Scranton, Pennsylvania named Susan L. Luckenell informed the Wyoming Valley West School District of her intent, on behalf of the 16-year-old boy, to sue the district and the former English teacher for allowing the teen to become a "victim of sexual abuse." According to the attorney, her client was damaged and injured as a result of the sexual experience with the adult teacher.

     In response to Luckenell's expression of intent to sue, the school district solicitor said, "I don't see where the district was negligent in any way."

     Lauren Harrington-Cooper, free on bail, awaited her trial on the sex offense charges. According to reports, following her first arrest she tried to kill herself. There were no reports regarding the status of her marriage.

     In November 2014 Harrington-Cooper pleaded guilty to two felony counts of sexual contact with students, and two counts of corrupting minors. The judge sentenced the former teacher to 23 months in prison.

     In August 2015, after serving eleven months of her sentence Harrington-Cooper was released from prison. The law required that she register as a sex offender.

Wednesday, May 24, 2023

Kevin Wallin: "Monsignor Meth"

     In 1996, Father Kevin Wallin became pastor of the St. Peter's Catholic Church in Danbury, Connecticut. Six years later the 50-year-old priest was transferred to the St. Augustine Parish in Bridgeport. Citing health and personal problems, Father Wallin asked for and was granted a sabbatical in July 2011. A year later the Diocese of Bridgeport suspended Wallin from public ministry.

     While performing his duties as a Catholic priest, Father Wallin was buying and selling crystal methamphetamine out of his apartment in Waterbury.

     From September 20, 2012 to January 3, 2013 a state narcotics undercover agent purchased 23 grams of crystal meth from Wallin in six transactions. Because the priest was part of an interstate drug operation the state turned the case over to the FBI.

     On January 3, 2013, FBI agents who had been working with the state drug task force arrested Father Wallin at his Waterbury apartment where searchers recovered a quantity of meth, drug paraphernalia and drug packaging materials.

     Based on the state undercover buys, federal wiretaps and informant drug purchases, Father Wallin was charged with the federal offense of conspiracy to distribute 500 grams of crystal meth. Four co-conspirators in California, between June and December 2012, had mailed the priest $300,000 worth of meth.

     Dubbed by the local media as "Monsignor Meth," Father Wallin also owned an adult video and sex toy shop in North Haven, Connecticut. 

     On April 2, 2013 the defrocked Wallin pleaded guilty before a federal judge in Hartford, Connecticut. Pursuant to the plea agreement, the judge, on June 25, 2013 sentenced the 61-year-old drug dealer to 11 to 14 years in prison.

     In 2017 Kevin Wallin was let out of prison and placed on supervised release. In April 2018 Wallin failed a drug test, but instead of being sent back to prison, was placed on home confinement and ordered to enter a drug treatment program. Five months later, after failing another drug test, the federal judge send Wallin back to prison for another nine months.

Sunday, May 21, 2023

Grace Anne Hall's Unusual Death

     Twenty-three-year-old Grace Anne Hall was last seen at eight o'clock on the evening of March 20, 2013. She was driving her 1997 silver-gray Toyota Camry in the Serra Mesa section of San Diego, California. The five-foot-seven, 150-pound blonde with tattoos on her upper back was reportedly on her way to an unknown location in the Los Angeles area city of Sherman Oaks for a job interview.

     According to detectives with the San Diego Police Department, Hall used her credit card in the Mira Mesa part of San Diego one week after her disappearance.

     On April 18, 2013, at nine-thirty in the morning, a San Diego patrol officer spotted Hall's Toyota parked in front of the Grab-n-Go Sub Shop in the Kearny Mesa community. According to witnesses, the vehicle had been sitting there for a week.

     When homicide investigators opened the Toyota's trunk they discovered Hall's remains. An autopsy conducted by the San Diego County Medical Examiner's Office revealed no sighs of external trauma on Hall's body. In other words, she had not been bludgeoned, stabbed, strangled or shot.    

     Pending the results of toxicology tests detectives began to consider the possibility of suicide. Hall's father, who she had been living with at the time of her disappearance, said the victim had been unemployed and was despondent. According to Lieutenant Jorge Duran of the San Diego Police Homicide Unit, "The more we discuss the case the more it seems this was not a homicide."

     On June 30, 2013 the San Diego County Medical Examiner announced the cause of Grace Anne Hall's death as acute ethylene glycol poisoning. Because she had ingested a quantity of automobile antifreeze the medical examiner ruled the manner of death in this highly unusual case as suicide.

     According to suicide experts it is extremely rare for a person to commit suicide in the trunk of a car. 

Saturday, May 20, 2023

Albert Hamilton: Courtroom Charlatan

     In 1908, Albert Hamilton self-published a brochure about himself called, That Man From Auburn.  In this piece of self-advertisement, the druggist from Auburn, New York presented himself as an expert in chemistry, microscopy, handwriting identification, ink analysis, photography, fingerprints and forensic toxicology. He also claimed expertise in the fields of gunshot wounds, bullet identification, blood stain analysis, cause of death determination, anatomy, embalming and toxicology. To match his impressive qualifications he awarded himself a medical degree and from then on was known as Dr. Hamilton.

     Hamilton came into prominence in 1915 when he testified for the prosecution as a firearms identification expert in a rural New York murder case. The defendant, Charlie Stielow, an illiterate farmhand who stood accused of shooting to death the elderly couple who owned the farm where he worked, was facing the death sentence. The jury found Stielow guilty of first-degree murder on the strength of a coerced confession and the testimony of Albert Hamilton who identified a defect inside the barrel of the defendant's .22-caliber revolver as having left its individualistic mark on one of the fatal bullets. Having earned $50 a day for his work on the case, Hamilton impressed the jury with his enlarged photographs of the murder bullet. It all looked quite scientific.

     In reality, Hamilton's testimony was pure hokum. The science of firearms identification, as it came to be practiced in the mid-1930s, did not exist in 1915. The comparison microscope, an instrument essential to the comparison and analysis of firearms evidence, was invented in 1926. Nevertheless, Hamilton assured the jurors that the fatal bullet had been fired from the defendant's handgun. His findings went unchallenged by the defense and no one seemed to notice that he hadn't even test-fired the so-called murder weapon. The judge sentenced Mr. Stielow to death.

    Two years later, after pair of felons confessed to the murder, the governor of New York formed a commission to review the Stielow case. The governor appointed Charles Waite, an investigator in the New York State Attorney General's office, to lead the inquiry. Waite took Stielow's revolver to a New York City police detective who knew about guns. An examination of the weapon convinced the officer that the revolver had not been fired in years. Moreover, a naked eye examination of the bullets the New York police officer test-fired from the .22-caliber revolver showed vastly different barrel marks than those on the murder slugs.

     As a result of these and other post-conviction findings, the governor granted Charlie Stielow, and another defendant in the case, full pardons. Charles Waite, having been introduced to the possibilities of forensic firearms identification, went on to become a prominent practitioner in the field. In 1922 he formed the Bureau of Forensic Ballistics in New York City. The bureau, the first of its kind, was taken over in 1926 by Dr. Calvin Goddard, an Army surgeon and ordinance officer from Baltimore who became the most important and qualified firearms identification expert in the world.

     In 1923, two Italian-American anarchists, Nicola Sacco and Bartolemo Vanzetti, were convicted of shooting a factory paymaster and his bodyguard to death in South Braintree, Massachusetts. The defendants' attorneys were seeking grounds for a new trial and called upon the services of Albert Hamilton. Since the Sacco-Vanzetti case had been grabbing headlines for months, Hamilton eagerly got involved in the case.

     Nicola Sacco's conviction was based chiefly on the testimony of three firearms identification witnesses who said the bullet that killed the guard had been fired from his Colt .32-caliber handgun. The experts also believed that the gun the police found on Vanzetti had belonged to the slain guard.

     After examining the firearms evidence, Hamilton reported that the fatal bullet had not been fired from Sacco's gun and the weapon that had been in Vanzetti's possession was not the weapon that had once belonged to the bodyguard. Relying on Albert Hamilton's report, the Sacco-Vanzetti defense team filed a motion for a new trial. To counter the motion, the prosecution acquired the services of two experts who had not testified at the trial.

     In November 1933, during the hearing on the motion for the new trial, Albert Hamilton conducted an in-court demonstration involving two new Colt revolvers and Sacco's handgun. The two Colt .32-caliber demonstration revolvers belonged to Hamilton. In front of the judge, and lawyers for both sides, Hamilton disassembled all three revolvers and placed their parts in three piles on the defense table. He then explained the functions of each part and demonstrated how they were interchangeable. After reassembling the handguns, Hamilton placed the two new weapons back into his pocket and handed Sacco's Colt to the court clerk. Before he left the courtroom, the judge asked Hamilton to leave his two guns behind.

     Several months later, when the judge asked one of the prosecution firearms experts to reinspect Sacco's revolver, the expert discovered that the barrel to Sacco's gun was brand new. Following an inquiry, Albert Hamilton admitted that the new barrel on Sacco's Colt had come from one of his revolvers. Although it was obvious to everyone that Hamilton had made the switch, presumably with a mistrial in mind, he denied any wrongdoing. Hamilton continued his association with the Sacco-Vanzetti defense but he no longer played an important role in the case. He had destroyed his credibility as a firearms expert and witness.

     The Sacco-Vanzetti motion for a new trial was denied, and in 1927, the two men died in the electric chair. Prior to their deaths, Dr. Calvin Goddard, the most qualified firearms identification expert in the world, stated that Sacco's gun had in fact been the murder weapon. (Several modern firearms identification experts have examined the ballistics evidence in the case and agree with Dr. Goddard's findings.)

     The barrel-switching incident in the Sacco-Vanzetti case apparently had little effect on Hamilton's phony career as a forensic scientist. Eight years after the Sacco-Vanzetti debacle he testified for the defense in a New York murder case. In 1932, Stephen Witherell murdered his father, Charles. The defendant admitted shooting his father at point blank range with a Remington rifle he had stolen from his cousin. An expert with the New York City Police Department identified this rifle as the murder weapon.

     By the time the trial rolled around, Stephen Witherell had recanted his confession. He took the stand on his own behalf and denied shooting anyone. In fact, he denied the body in question was even his father's. (Decomposition and the massive gunshot wound to the victim's head had made the corpse unrecognizable.) Albert Hamilton took the stand and testified that there were two gunshot wounds on the body: the head wound caused by a rifle, and a wound on the victim's hand, made by a handgun. Actually, there was no hand wound at all. The victim had lost two fingers in an industrial accident. Once again, Hamilton had proven that he was incompetent, and a charlatan.

     In 1934, Albert Hamilton tried to insert himself in the Lindbergh kidnapping case by identifying a man named Manny Strewl as the writer of the ransom letters. Hamilton was not a qualified questioned document expert and the writer of the extortion notes turned out to be Bruno Richard Hauptmann. The carpenter from the Bronx, an illegal alien from Germany with a criminal history in his home country, was executed in 1936 for the murder of the Lindbergh baby.

     Albert Hamilton continued to disgrace himself as an expert witness in several forensic fields for another ten years, making him one of the most notorious forensic charlatans in American history. If there is anything to learn from this man's career it is that the woods are full of phony experts, and if judges let down their guards, we will have charlatans in our court rooms and baloney in our verdicts.   

Tuesday, May 16, 2023

The Wrongful Convictions Of Cathy Woods

     On February 24, 1976, a 19-year-old nursing student at the University of Nevada-Reno named Michelle Mitchell went missing after her car broke down near the campus. Shortly thereafter, Mitchell's body was found in a nearby garage. Her hands were tied behind her back and her throat had been slashed.

     Reno detectives, without any solid leads in the case, were unable to identify a suspect until March 1979. The suspect was a 29-year-old diagnosed psychotic named Cathy Woods, an impatient at a Louisiana mental hospital. The patient's counsellor called the local police and reported that Cathy Woods had said something to the effect that she had been involved in the murder of a girl named Michelle in Reno. The Louisiana authorities passed this information on to detectives working the case in Nevada.

     At the time of Michelle Mitchell's disappearance and murder, Cathy Woods was 26 and working in Reno as a bartender. Following her mental breakdown her mother committed her to the mental institution in Louisiana.

     Reno detectives traveled to Louisiana to question Cathy Woods. When they returned to Nevada they claimed to have acquired a confession from the schizophrenic woman. Washoe County District Attorney Cal Dunlap, on the strength of the confession, charged Cathy Woods with first-degree murder. The authorities extradited her back to Nevada to stand trial.

     At the 1980 murder trial Woods' public defender attorney argued that the state did not have enough evidence to meet its burden of proof beyond a reasonable doubt. The defense attorney pointed out that the prosecutor had no physical evidence connecting his client to the murder, and not one eyewitness who had seen the defendant and the victim together. Moreover, the detectives who had questioned the mentally ill Woods had contrived the so-called confession.

     According to Cathy Woods, she had made up the statement about murdering a girl named Michelle in Reno because the only way to get a private room in the mental institution was to be classified as dangerous.

     The Washoe County jury, after a short deliberation, found Cathy Woods guilty of first-degree murder. The judge sentenced her to life in prison.

     After the Nevada Supreme Court overturned Cathy Woods' murder conviction, District Attorney Cal Dunlap brought her to trial again. In 1984 the second jury also found the defendant guilty as charged. The judge again sentenced her to life in prison.

     Cathy Woods' attorney appealed the second murder conviction but this time the appellate court upheld the verdict.

     In 2014, more than three decades after Cathy Woods' arrest, a DNA analysis of a Marlboro cigarette found near Michelle Mitchell's body matched the DNA of an inmate in an Oregon prison named Rodney Halbower. Halbower, known as the "Gypsy Hills Killer," had been convicted of murdering and raping six women and girls in San Francisco. The serial killer had also murdered a woman in Oregon and in all probability Michelle Mitchell.

     Based upon the DNA evidence linking Halbower to the Michelle Mitchell murder and the overall weakness of the evidence that led to Cathy Woods' convictions, a Nevada judge, in 2014, vacated her conviction. Less than a year later she walked free after serving more than 35 years behind bars.

     In 2016 Cathy Woods' lawyer filed a federal civil rights lawsuit against former Washoe County District Attorney Cal Dunlap and the state of Nevada. In August 2019 the Washoe County Commissioners voted 4 to 0 to settle Woods' suit for $3 million. 
     Cathy Woods, now 73, has the dubious distinction of being the longest serving wrongfully convicted woman in U.S. history.

Monday, May 15, 2023

"The Dingo Ate My Baby" Case

     According to Lindy Chamberlain, on August 17, 1980, while she, her husband Michael and their three children were camping near Ayer's Rock in Australia's outback, she saw a dingo (a wild dog) come out of the family's tent with her 9-week-old baby in it's mouth. "The dingo's got my baby!" she screamed. The infant, named Azaria, was never found. The incident grabbed headlines around the world. In Australia the media portrayed Lindy Chamberlain as a remorseless killer.

     In Darwin, at the Magistrates Court, a coroner's inquest jury found no cause to charge the parents with criminal homicide. This was not a popular verdict, and in 1981, a second coroner's jury heard evidence in the case. This time, Lindy and Michael Chamberlain were ordered to stand trial for the murder of Azaria.

     Although the prosecutor lacked evidence of a crime--he didn't even have a body--the trial jury found Lindy guilty of first-degree murder. The media applauded the verdict, and the judge, bending to public opinion, sentenced her to life in prison. Michael Chamberlain, found guilty of accessory after the fact, received a suspended sentence.

     In 1985 a hiker found a piece of the baby's clothing in a dingo's den near Ayer's Rock. Presented with this new, exonerating evidence, an appellate court in 1987 overturned the convictions. Lindy Chamberlain was released from prison. Many Australians were not happy with this decision. The following year a movie came out about the case called "A Cry in the Dark" starring Meryl Streep as Lindy Chamberlain.

     Because many people in Australia believed that Lindy Chamberlain had murdered her baby, the authorities, in anticipation of a retrial, convened a third coroner's inquest in Darwin's Magistrates Court. The jury in the 1995 inquiry returned an open verdict, declaring the cause and manner of the baby's death unknown.

     On February 24, 2012, the Magistrates Court in Darwin was for the fourth time the site of a coroner's inquest into the death of the Chamberlain baby. Lindy Chamberlain asked for the hearing to clear her name. Specifically, she wanted the coroner's jurors to change Azaria's manner of death from "unknown" to "accidental death by animal attack." Both parents, now divorced, were in the courtroom to hear testimony bearing on the case.

     According to an expert on such matters, from 1990 to 2011 there were 239 dingo attacks in Queensland, Australia. Since 1982 at least three children had been killed by wild dogs. These statistics were presented to make Lindy Chamberlain's account of her baby's death seem less farfetched. While public opinion had already shifted in her favor, she wanted to make it official.

     The coroner's verdict exonerated the Chamberlains of any wrongdoing in the death of their child. While there has never been any evidence of foul play in this case, there will always be, notwithstanding the coroner's verdict, doubters. And a lot of this doubt can be traced back to the irresponsible journalism in this case. In this regard, the case is not unlike the JonBenet Ramsey murder case in the United States.

     As late as 2016 Lindy Chamberlain was still speaking publicly about her ordeal. Surprisingly, she held no grudge against those responsible for her wrongful imprisonment.

Thursday, May 11, 2023

Doris Payne: Celebrity Thief

     Slab Fork, West Virginia, a tiny unincorporated community in the southern part of the state, is the birthplace and childhood home of one infamous person. That person, born on October 10, 1930, is Doris Payne.

     In 1950 Doris and her family moved from West Virginia to Cleveland, Ohio where she began her notorious, lifelong career as a retail thief. Over the next 65 years Doris collected 20 aliases, 10 social security numbers, 9 dates of birth and dozens of shoplifting arrests in places such as Monaco, Paris, Monte Carlo and Tokyo. Most of her arrests, however, occurred in the United States.

     Payne's criminal career mainly featured her stealing expensive jewelry from high-end stores like Saks Fifth Avenue. Her modus operandi was simple: she would ask the store clerk to show her so many pieces of jewelry that the sales employee lost track of what was out of the showcase. Payne waited for the clerk to become distracted at which point she would scoop up an item, put it into her pocket and walk out of the store.

     In 2003, at the age of 73, Payne got caught stealing an expensive ring in Los Angeles. On September 23, 2005 police arrested her for shoplifting at a high-end store in Las Vegas.

     In January 2011, the elderly woman with the sticky fingers was caught stealing a diamond ring from a store in San Diego. That theft brought her a prison sentence of two years.

     In Costa Mesa, California, on January 2013, a Saks Fifth Avenue store detective caught Doris Payne removing the price tag from a $1,300 Burberry trench coat. (She probably planned to walk out of the store wearing the garment.) She pleaded guilty and was sentenced to two years behind bars. However, because of prison overcrowding in the state, a judge released Payne from custody after she had served only three months of her sentence.

     In 2013, Doris Payne was featured in a television documentary called "The Life and Crimes of Doris Payne." The film included interviews with Payne along with her daughter and son, her best friend and police officers from around the country. The documentary was marketed as a rags to riches story of how a poor, single, African-American mother from the segregated 1950s wound up as one of the world's most notorious jewel thieves. 

     In July 2015, the 85-year-old retail thief got caught stealing a $32,000 diamond-studded David Yurman engagement ring from a store in the South Park Mall in Charlotte, North Carolina. Following her arrest she made bail and fled the state.

     On October 26, 2015, a loss prevention officer at the Saks Fifth Avenue store in the upscale Buckhead neighborhood in Atlanta saw Doris Payne pocket a set of Christian Dior earrings and walk out of the store. When police officers ran a crime history check on the suspect, they realized they had nabbed the notorious thief and fugitive who was wanted on a warrant out of Charlotte, North Carolina.

     Shortly after the authorities booked Payne into the Fulton County Jail in Atlanta, she paid her $2,500 bond and was released. Her attorney, Scott McCullers told reporters that Payne planned to plead not guilty to the shoplifting charge. The lawyer said that because of the 2013 TV documentary about his client's life of crime she was being persecuted.

     In December 2016, the police arrested Payne at a department store outside of Atlanta for stealing diamond necklaces worth $2,000. She made bail and was released on the condition she wear an ankle bracelet.

     On March 6, 2017, when Payne didn't show for a court proceeding, the judge issued a bench warrant for her arrest.

     The 86-year-old thief, on July 18, 2017, was caught stealing merchandise from a Walmart store in Chamblee, Georgia. She had $86.22 in un-purchased items tucked into her handbag. At the time of her apprehension Payne was wearing her ankle bracelet. Officers booked her into the Fulton County Jail.

     Payne, in September 2017, pleaded guilty to the Chamblee, Georgia Walmart theft. A month later the judge gave her credit for the 58 days she had spent in the Fulton County Jail. Before she walked out of the courtroom, the judge said, "Don't come back." (The judge had dismissed the charges regarding Payne's 2015 Saks Fifth Avenue theft.)

     In October 2019 the 89-year-old Payne appeared at a book festival in Decatur, Georgia to hawk her memoir, Diamond Doris: The True Story of the World's Most Notorious Jewel Thief.  Books in this genre appeal to readers who find professional thieves romantic figures. Other fans of this kind of book harbor deep resentment for the wealthy and fantasize about stealing rather than working for a living.

     In Diamond Doris Payne justified stealing jewelry and other merchandise this way: "[Stealing] beat being a teacher or a maid." This rationale reveals the mind of the sociopath. America has a long tradition of turning criminals like Willie Sutton, John Dillinger, Jesse James and Billy The Kid into criminal legends.  Doris Payne will not, however, go down in history as one of our great anti-heroes. In the end, she was just a serial shoplifter with a sob story.

     One can only guess how many times, in Doris Payne's life of crime a store detective, after catching her conceal un-purchased merchandise in her purse, let her go after retrieving the stolen items. Many retail security officers were probably reluctant to call the police on an elderly woman. One can also image how many times she walked out of the store undetected. When shoplifters get away with their crimes honest customers pick up the bill. Where is the glamor in that?

Monday, May 8, 2023

The Nehemiah Griego "Good Boy" Mass Murder Case

     People murdered in their homes are usually killed by a family member. Cases involving husbands who kill their wives and women who take out their husbands are fairly common and therefore not particularly shocking. But when a "good" kid with no history of violence, drug abuse or mental illness carefully executes his entire family for no apparent reason, the public takes notice. Suddenly parents look at their sulking, surly children in a new light. What in the hell was going on in their callow minds? A parent might wonder if his or her child has watched too much violence on TV. And if there's a gun in the house, it might not be a bad idea to put it under lock and key. But in most cases, when parents think about children who murder, they think about other people's kids. Murder is something that happens to others.

    Pastor Greg Griego, the 51-year-old father of two boys and two girls, probably never considered himself a candidate for murder. Griego, the former pastor of one of Albuquerque, New Mexico's largest Christian churches lived with his 41-year-old wife Sarah and their four children at the end of a semi-rural road on the southwestern edge of the city. As a young man in California, before finding Jesus and entering the ministry, Greg Griego had been a member of a street gang. As one of Albuquerque's religious leaders he volunteered as a prison chaplain and had overseen the Straight Street program sponsored by the Bernalillo County Jail.

     On Friday night, January 18, 2013, 15-year-old Nehemiah Griego, after he and his mother had a mild disagreement, waited until he was sure she and his three siblings were sound asleep. Mr. Griego was not home at that time. Just before one in the morning Nehemiah took possession of a .22-caliber pistol he found in his parents' closet. He stepped lightly into his mother's bedroom where she was sleeping next to his 9-year-old brother Zephania. Nehemiah raised the 10-shot pistol and fired several bullets into his mother's head. When his younger brother refused to accept the fact his mother had just been murdered, Nehemiah forced the boy to look at her bloody face. The 15-year-old then fired several slugs into Zephania's head.

     In his sisters' room Nehemiah shot and killed Jael, age 5 and 2-year-old Angelina. Nehemiah returned the handgun to the closet and pulled out an AR-15 semi-automatic rifle. Armed with this weapon he waited in a downstairs bathroom for his father's return. After waiting five hours for his father to come home, Nehemiah opened up on Mr. Griego as he walked by the bathroom doorway, killing him on the spot.

     On his cellphone Nehemiah sent his 12-year-old girlfriend a photograph of his murdered mother's face. He also called the girl and reported what he had done as what he planned to do. Nehemiah informed his friend that he was driving to the local Walmart in the family van where he intended to randomly kill as many people as possible. He said he expected to be killed in an exchange of gunfire with the police.

     Nehemiah's girlfriend talked him into driving to Pastor Griego's church where they could discuss all of this further. Nehemiah spent the rest of the day at his girlfriend's house. Police officers took him into custody later that night.

     A Bernalillo County prosecutor charged Nehemiah Griego with two counts of murder and three counts of child abuse. (I don't know why he wasn't charged with five counts of murder.) Perfectly coherent, Nehemiah provided his interrogators with a detailed account of the mass killing. He said he was annoyed with his mother and had recently entertained thoughts of homicide and suicide. The boy expressed no feelings of guilt or remorse.

    Bernalillo County Sheriff Dan Houston, at a news conference on January 22, 2013, said that Nehemiah had been "involved heavily in violent video games" before he murdered his family. The games included "Modern Warfare," and "Grand Theft Auto." The boy had also talked about killing his young girlfriend's parents.

     According to relatives, Nehemiah was an outgoing boy who loved music and hoped one day to serve in the military.

     The cold-blooded mass murder shocked Nehemiah's relatives, his friends and his teachers. No one had seen this massacre coming. 

     By February 2015 no trial date had been set for the Griego family murders. The case had stalled for several reasons. In 2013 the judge assigned to preside over the trial took an extended leave of absence and was not replaced. The boy's defense attorney delayed progress throughout 2014 by requesting one mental health evaluation after another for his client. (Griego had pleaded not guilty by reason of insanity.) In the meantime, Nehemiah Griego remained incarcerated at a juvenile detection facility.            

     Finally, after the boy pleaded guilty in March 2016, the judge enraged many in the community by sentencing him as a juvenile. Under New Mexico law, this meant that Griego would walk free as a rehabilitated youth when he turned 21. Six years in custody for the cold-blooded murder of five people.

     In December 2019, nearly seven years after Nehemiah Griego murdered his parents and three siblings, Judicial District Judge Alisa Hart re-sentenced the 22-year-old to life in prison with the possibility of parole.

Saturday, May 6, 2023

Spontaneous Human Combustion

     Soak a rag in linseed oil, ball it up and throw it into a bucket. This rag, as a result of a chemical reaction that creates heat, will eventually catch on fire and burn. Fire scientists call this reaction spontaneous combustion. Under the right conditions all kinds of material will self-combust. So, can the human body, under the right conditions, catch on fire from within? People who believe that a body can self-generate ignition temperature heat call this phenomenon human spontaneous combustion.

     For decades fire investigators around the world have been baffled by fire death scenes involving a badly burned corpse lying in bed or sitting in a stuffed chair. In these cases the middle section of the body has been almost completely consumed by fire suggesting high, localized temperatures. In the immediate vicinity of the body, and in the room, there is very little burning. This fire pattern seems out of joint with normal fire spreading behavior. To add to this cause of origin mystery, investigators at these sites--encountered mostly in Great Britain--find no traces of fire accelerants such as gasoline. Are these fires accidental, arson/murder or something else altogether?

     In December 2010 fire fighters in Ireland discovered a 76-year-old man dead in his sitting room. It looked as though someone had lit him up, but there seemed to be no source of heat other than the blaze in the fireplace. Except for some charring on the ceiling above his chair, the room did not burn. Although the man's body was almost completely consumed by the fire, investigators found no evidence that an accelerant had been used to jack-up the heat.

      The Irish coroner, having ruled out accident and arson as the manner of death, declared the cause as spontaneous human combustion.

     In the 1980s the American fire scientist, Dr. John de Haan, conducted an experiment in which he set fire to a pig wrapped in cloth. The low-heat, long-burning fire almost completely consumed the hog without creating high ambient temperatures. Dr. de Haan called this the "wick effect." The cloth held the flame like a wick while vapors from the pig's heated fat slowly burned like candle wax.

     As it turns out, most so-called spontaneous human combustion fire scenes have involved people who had been drinking in bed or in their chairs while smoking. They fall asleep and their clothing catches on fire. In the Irish case a spark from the fireplace had probably ignited the man's clothing.

The Baby Rahul Case

     In May 2012, Rajeshawri Kamen, a 23-year-old farm worker, gave birth to a son named Rahul. The mother and her 26-year-old husband Karnan Perumal already had a 2-year-old girl. The couple resided in a village in the Indian state of Tamil Nadu.

     The baby was a month old when his parents rushed him to the hospital. According to their account of what happened they were outside of their hut when they heard Rahul scream. They ran to him and found the baby on fire. They saw flames on his belly and right knee. The father put out the fire with a towel.

     After being treated at the local hospital and released, Baby Rahul, during the next two months, caught on fire at least three more times. The child was badly burned but survived. The couple's neighbors, believing that the baby was haunted by an evil spirit that caused the combustion, and that the fire could spread to their huts, forced Rajeshwari and her husband to move to a nearby village where Rahul caught on fire again.

     Dr. Naarayan Babu, the head of pediatrics at the Kilpaul Medical Hospital in the city of Chennai told a reporter with The New York Times that "We are in a dilemma and haven't come to any conclusion [regarding the cause of the fires]. The parents have said that the child burned instantaneously without any provocation. We are carrying out numerous tests. We are not saying it was spontaneous human combustion until all investigations are complete."

     On August 20, 2013 the Times of India reported that upon completion of the hospital tests doctors found no evidence of spontaneous human combustion in Baby Rahul's case. Dr. Jagan Mohan, head of the burn unit at the Kilpauk Hospital, told reporters that "There is no such thing as spontaneous human combustion. The possibility of child abuse exists and needs to be explored."

     Baby Rahul's parents denied setting fire to their baby. The boy's father, in speaking to a reporter with The New York Times, said, "Some people don't believe us, and I am scared to return to my village and am hoping for some government protection. There is also the fear that our child could burn once again."

     On April 15, 2015, Baby Rahul was discharged from the hospital and sent home to his parents. Police and child welfare authorities were told to monitor the child's health. After that, this mysterious case dropped out of the news.

     Since Baby Rahul was not the victim of spontaneous human combustion, he was either burned accidentally or on purpose. It's hard to image how a baby could be accidentally burned on four or more occasions. Moreover, if there was something in the home that caused the fires why wasn't the baby's sister also burned?

     Notwithstanding forensic evidence to the contrary there are those who believe spontaneous human combustion is real. This is not surprising since strong opinions are not always based on what people know but what they want to believe.

Friday, May 5, 2023

Pedophile Donald James Smith And The Murder Of Cherish Perriwinkle

     On Friday night, June 21, 2013, eight-year-old Cherish Perriwinkle and her mother Rayne were shopping at a Dollar General store in Jacksonville, Florida. At seven that night, 56-year-old Donald James Smith, a registered sex offender with an extensive criminal record, struck up a conversation with Rayne who informed him that she had fallen on hard times. She said she wanted to buy a dress for Charish in anticipation of a visit from the girl's father. Unfortunately, she couldn't afford the purchase. Donald Smith, a total stranger, said he wanted to help. He said he had a Walmart gift card they could use to buy food and clothing.

     Donald Smith, following a conviction in 1993 for attempted kidnapping and selling obscene materials, served five years in prison. The Jacksonville man also became a registered sex offender. In 2009, Smith was charged with felony child abuse after making obscene calls to a 10-year-old girl. In that case he threatened to harm the victim while impersonating a social worker with the Florida Department of Children and Families. Smith eventually pleaded guilty to the felony charge and in return received a light sentence. On May 31, 2013, after serving 438 days behind bars, Smith walked out of the Jackson County Jail a free man.

     From the Dollar General store Mr. Smith drove Cherish and Rayne Perriwinkle to a nearby Walmart. While Rayne looked at dresses, Smith, telling Cherish that he was going to buy her a meal at the in-house McDonalds, snuck off with the girl. Instead of going to McDonalds Donald Smith put Cherish in his white-colored van and drove off.

     At eleven o'clock that night, when Rayne Perriwinkle realized that her daughter had left Walmart with Smith she called 911 and reported her missing. The terrified mother described Donald Smith and his van. At six the next morning, Donald Smith, his vehicle and the missing girl were subjects of an Amber Alert.

     Just before nine that Saturday morning a police officer investigating a traffic accident on I-95 spotted Smith's van as it passed by in the southbound lane. A few minutes later a Jacksonville County Deputy Sheriff pulled Smith over and took him into custody. Cherish Perriwinkle was not in the van and Smith was not talking.

     About an hour after Smith's arrest the police received information regarding a white van that had been parked the previous night in the woods near a church four miles from the Walmart where the victim had been abducted. That tip led to the discovery, in the woods near the church, of the missing girl's corpse.

     On Sunday, June 23, 2013, Donald James Smith pleaded not guilty to charges of kidnapping, sexual battery and first-degree murder. The arraignment magistrate denied the registered sex offender bail.

     In May 2014, Duval County Circuit Judge Mallory Cooper set Smith's trial for October of that year. The prosecutor's office had announced its intention to seek the death penalty in the case. Smith's attorney, public defender Mark Shirk, asserted that his client was not mentally competent to stand trial, particularly in a capital case.

     In September 2014, with the mental competency issue still unresolved, the judge postponed the Smith trial to early 2015.

     Public defender Shirk, in February 2015, asked the court to remove him from the Smith case due to a conflict of interest that pertained to his representation of a man who had knowledge of Donald Smith's involvement in the Perriwinkle murder. The following month, Judge Cooper appointed Julie Schlax as Smith's new attorney. This meant another case postponement.

     In January 2016, the United States Supreme Court ruled that Florida's death-penalty procedure of allowing a judge to decide if a person convicted of capital murder lives or dies violated a defendant's Sixth Amendment right to a jury. A few months after the ruling the governor signed state legislation that required at least 10 of 12 jurors to support an execution over life without parole.

     Defense attorney Schlax, prior to her client's scheduled April 2016 trial, filed a motion for an indefinite delay. Schlax argued that her client could not be legally sentenced to death because Florida's unconstitutional procedure was in effect when he was charged with first-degree murder. Judge Mallory Cooper granted the defense motion. That meant the Donald James Smith murder trial was on hold until a judge resolved this legal issue.

     In November 2017 a judge denied Smith's motion to take the death penalty off the table. The judge set Smith's trial date for February 2018.

     In May 2018, after being found guilty of first-degree murder and rape, Judge Mallory Cooper, with the support of the jury, sentenced Donald J. Smith to death.

Thursday, May 4, 2023

The McStay Family Murder Case

     Joseph McStay, a 40-year-old owner of a company that installed home water fountains, resided with his wife Summer and their two boys in Fallbrook, a suburban community 55 miles north of San Diego, California. On Monday, February 8, 2010, the McStays were reported missing after a security guard in Ysidro, a town across the border from Tijuana, Mexico, discovered the family's locked and apparently abandoned Isuzu Trooper parked in a mini-mall parking lot two blocks from the border.

     A surveillance camera on a neighbor's house in Fallbrook showed the couple and their boys, ages three and four, pulling out of their driveway in their SUV at 7:45 in the morning of February 4, 2010.

     Poor quality surveillance camera footage on the Ysidro/Tijuana border revealed a family resembling the McStays walking into Mexico four days after they were video-recorded leaving their home in Fallbrook.

     On February 14, 2010, police officers entered the McStay's cul-de-sac home in Fallbrook. The house had not been forcibly entered. Moreover, officers found no evidence of a struggle or the theft of household property. Police officers found bowls of popcorn in the living room and eggs on the kitchen counter. The family's two dogs were in the backyard, an indication the McStays hadn't planned for an extended trip.

     Investigators found no recent activity on the McStay's credit cards or bank account. An examination of their home computer revealed an Internet search that read: "What documents do children need for traveling to Mexico." Friends and relatives, however, had no knowledge that the McStays had planned a short trip into Mexico. After leaving Fallbrook that morning, the family simply disappeared.

     At ten in the morning of November 11, 2013, an off-road motorcyclist near a dirt road in the desert outside the San Bernardino County town of Victorville, came across what appeared to be human bones. At that location, 100 miles north of Fallbrook, detectives discovered two shallow graves each containing two sets of skeletal remains. A few of the bones had been scattered by animals. Items of clothing were also recovered from the scene. The remains were not far from Interstate 15 that connects that part of California to Las Vegas.

     Forensic scientists, through dental records, identified Joseph McStay and his 43-year-old wife Summer as being the two adults found in one of the desert graves. The other two sets of skeletons belonged to their children. According to San Bernardino County Sheriff John McMahon, the McStays and their children had been murdered. The Sheriff, at that time, did not reveal how they had been killed. There were no suspects.

     In speaking to reporters, Joseph McStay's father said he did not believe the people in the Ysidro surveillance footage seen walking into Mexico depicted his son and his family. "My son doesn't walk that way," he said. "They didn't walk into Mexico. They would never do that." The father explained that his son and his wife were aware of the Mexican drug gangs and would not have exposed the children to that risk.

     On November 5, 2014, deputies with the San Bernardino Sheriff's Office arrested Charles "Chase" Merritt at his  home in Chatsworth, California for the murder of the McStay family. The 57-year-old and Joseph McStay had been business partners. The authorities did not reveal a motive for the mass murder.

     Investigators believed the victims had been bludgeoned to death in their Fallbrook home. They had not traveled to Mexico after all. Apparently the murder suspect had disposed of their bodies in the desert outside of Victorville. Deputies booked Merritt into the West Valley Detention Center on four counts of murder. The judge denied the suspect bail.

     In the wake of Chase Merritt's arrest, Patrick McStay, Joseph McStay's father, criticized the San Diego County Sheriff's Office. According to the father, the agency that initially took control of the case didn't actively investigate it. Detectives in San Diego were operating on the theory that the family had traveled to Mexico where they were killed.

     "I know they screwed this thing up," Mr. McStay said. "All the rest was just sugar coating to make it look like they really were interested in solving the case, doing something. They did virtually nothing."

     Regarding the quadruple murder suspect, Mr. McShay said, "Chase was always somebody chasing the dollar. I think that's what it was. It was all about the money."

     On January 30, 2015, Chase Merritt told a judge that he wanted to represent himself at his upcoming murder trial. He said he only had six to eight months to live and wanted to move the process along as quickly as he could. In November 2014 he had been diagnosed with congestive heart failure. Merritt's attorney, Robert Ponce, despite his client's health problems and lack of legal background, informed the judge that Merritt had the intellect to adequately defend himself. The judge scheduled a hearing on the issue for February 20, 2015.

     The judge denied Merritt's request to represent himself and scheduled the murder trial for July 2015. In July the judge moved the trial date to September. On September 4, 2015, the same judge postponed the trial to allow Merritt's attorneys to request funds for an expert witness. The Merritt defense hoped to find a forensic scientist to contest the prosecution's key piece of physical evidence: the defendant's DNA inside the victim family's vehicle.

     Finally, after numerous appeals, motions and judicial delays, a San Bernardino County judge set Merritt's murder trial date for November 13, 2017, seven years after the McStay family murders. In California the wheels of justice turned slowly.

     Finally, in June 2019, following a four-month trial, jurors in San Bernardino found Charles "Chase" Merritt guilty of four counts of first-degree murder. The jury recommended the death penalty. The judge set the sentencing hearing for December 13, 2019.

     On November 3, 2019 the judge delayed Merritt's sentence hearing after Merritt's lead attorney claimed that a conflict of interest had come up that prevented him from staying on the case. The judge allowed the attorney to withdraw and set the sentencing for January 2020.
     On January 21, 2020, the judge sentenced the 63-year-old Charles Merritt to death.

Tuesday, May 2, 2023

The Philip Chism Murder Case

     Colleen Ritzer, a 2011 magna cum laude graduate of Assumption College in Worcester, Massachusetts, taught ninth grade math in Danvers, a suburban town of 26,000, 20 miles northeast of Boston. The 24-year-old teacher lived in Andover with her siblings and parents. She was working toward a masters degree in school counseling at Salem State University.

     On Tuesday, October 22, 2013, when a Danvers school ninth-grader named Philip D. Chism missed his four o'clock soccer practice and didn't show up for a junior varsity team dinner, members of the team went looking for him. Philip and his 34-year-old mother Diana had moved to the Boston area from Tennessee at the start of the school year. That evening she reported him missing. Investigators learned that at six-thirty that night Philip Chism was seen leaving the Hollywood Hits movie theater in Danvers.

     That Tuesday night, Colleen Ritzer's parents reported her missing when she didn't return home from school and wasn't answering her cellphone. Danvers police officers, in searching the high school for Ritzer, found splashes of blood in the second-floor student girl's restroom. A short time later, around midnight, officers found Ritzer's body in a patch of woods behind the school's athletic fields. She had been stabbed and slashed to death with a sharp instrument.

     A review of surveillance camera footage showed Philip Chism using what appeared to be a recycling bin--a blue, plastic garbage can on wheels, to move the dead woman into the nearby woods. About the time officers found the body behind the school police officers in the town of Topsfield just north of Danvers spotted Chism walking along Route 1.

     Chism told his interrogators that he was in Colleen Ritzer's algebra class held during the school's final period. Because he had been doodling instead of paying attention that day, she asked him to stay after class. At 3:30 he followed her into the students' restroom. (The faculty bathroom had been occupied. One of the school's 200 surveillance cameras caught Chism, as he followed the teacher into the restroom. He was seen putting on a pair of white gloves.)

     Inside the girl's restroom Chism punched the teacher in the face then slit her throat with a box cutter. After the killing he used the recycling bin to transport the body outside the building into the woods behind the sprawling campus. Police found the garbage can 100 feet from the corpse. It had been pushed over an embankment.

     After murdering Colleen Ritzer, Chism changed his bloody clothes, ate at a Wendy's restaurant, then walked to the movie theater where he watched the Woody Allen film, "Blue Jasmine." He paid for the fast food and the movie with a credit card.
 
     Classmates described the tall, athletic student as quiet and shy. Some of his classmates labeled him antisocial and strange. He was a good student and the leading scorer on the junior varsity soccer team.

     The district attorney of Essex County charged Philip Chism as an adult with assault and murder. At the boy's October 23, 2013 arraignment in a Salem district court the student pleaded not guilty.

     According to court documents in Tennessee, Diana, the boy's mother, married Stacy Chism in September 1998 when she was 19 and he was 23. Philip was born four months later. A year later, Diana gave birth to a girl. She filed for divorce in March 2001, but three months later the couple reconciled. Not long after that they separated again.

      On October 26, 2013, through her attorney, Diana Chism issued a statement expressing sorrow for the Ritzer family.

     Philip Chism, as an inmate awaiting his trial at the Department of Youth Services facility in Dorchester, Massachusetts, had trouble conforming to the institutions rules and regulations. For one thing, he refused to attend classes. As a result he spent his mornings and afternoons sitting at a table in the facility's main room. A staff member posted at a station behind a low wall kept an eye on inmates in the large open room. Behind the observation station an employee-only hallway led to a locker room that featured a bathroom.

     On June 2, 2014, a 29-year-old female corrections officer, a member of the staff who had known Chism for several months, got up from her post and walked down the hallway to the locker room. The 15-year-old rose to his feet, kicked off his sandals and in a crouched position to avoid detection moved  quietly toward the hallway.

     When the staffer came out of the restroom Chism grabbed her by the neck with both hands and started choking her. She managed to remove his right hand which allowed her to scream for help. Before other members of the staff came to her aid Chism punched the woman several times in the face.

     Charged with attempted murder by strangulation, Chism, on July 23, 2014, appeared in a Suffolk County Court for his arraignment. The judge set his bail at $250,000. His attorney had nothing to say to reporters.

     On March 3, 2015, following legal arguments pursuant to an evidentiary hearing in Essex County District Court in anticipation of Philip Chism's murder trial, Judge David Lowy ruled that the defendant's confession at the Danvers police station had been coerced and was therefore inadmissible evidence. The judge did allow into evidence the bloody box cutter and other key pieces of physical evidence. Also allowed into evidence were the items seized from Chism's pockets and backpack. This evidence included the murder victim's identification, credit cards and a pair of her underwear.

     The Coleen Ritzer murder trial, scheduled for October 17, 2015, was delayed after a judge ordered Chism to undergo a mental health evaluation to determine if he was mentally competent to stand trial.

     On November 2, 2015, at the start of his mental competence hearing, Chism refused to enter the courtroom, banged his head against the floor and told a psychologist he heard voices and hoped that someone would shoot him. The next day the judge ruled Chism mentally unfit to stand trial.

     In February 2016, Philip Chism went on trial for the murder, rape and robbery of Coleen Ritzer. After the jury found him guilty as charged, Superior Court Judge David Lowry sentenced him to life in prison with the possibility of parole after 25 years. He was also sentenced to a 40-year prison term for the rape and robbery. Under the terms of these sentences, Chism would remain behind bars for at least 40 years. He would not be free before he reached the age of 54.

     In Massachusetts, a juvenile who commits first-degree murder cannot be sentenced to life without the possibility of parole. The victim's family in the Chism case criticized that law.