The Jason Smith Murder Case

     Dr. Melissa Ketunuti, a 35-year-old pediatrician was a second-year infectious disease fellow and researcher at the University of Pennsylvania's Perelman School of Medicine in downtown Philadelphia. The Thailand native lived in a central city town house not far from the hospital. Except for her 6-year-old pit bull/lab mix she lived alone. Dr. Ketunuti resided at this address for three years and was in the process of rehabilitating the dwelling.

     On Monday, January 21, 2013, Dr. Ketunuti left her town house around nine in the morning to run some errands. She planned to return to her home at ten-fifty to meet with an exterminator with a pest-control company headquartered in Newtown, Pennsylvania. Dr. Ketunuti had mice problems. When the doctor's dog walker came to the house at twelve-thirty she smelled smoke and upon investigation discovered Dr. Ketuniti dead in her basement. The terrified woman called 911.

     Homicide detectives and crime scene technicians arrived at the town house to find a still smoldering badly burned corpse. The victim's face was so severely charred by the fire it was unrecognizable. The fully dressed woman was lying face-down and was hogtied with her wrists and ankles bound behind her back. The killer left a length of cordage around the victim's neck suggesting that before being set on fire she was strangled.

     Based on the dead woman's apparel and other points of identity, investigators assumed the murdered woman in the basement was Dr. Melissa Ketunuti. Detectives found no signs of forced entry or indications of a sexual assault. Because it didn't appear than anything had been taken from the premises, the killer had not been motivated by theft.

     As investigators began tracing the victim's activities that morning and gathering footage from neighborhood surveillance cameras, the city of Philadelphia posted a $20,000 reward for information leading to the identification and arrest of her murderer. The next day a local community group added $15,000 to the incentive.

     On Wednesday, January 23, 2013, homicide investigators were in Levittown, Pennsylvania, a sprawling suburban Bucks County community 25 miles northeast of Philadelphia. The officers were in town questioning a 37-year-old pest-control subcontractor named Jason Smith. Mr. Smith lived in a powder-blue two story house surrounded by a white picket fence still displaying Christmas decorations. The exterminator lived there with his girlfriend, their young daughter and the girlfriend's stepfather.

     Surveillance camera footage in Dr. Ketunuti's neighborhood showed Smith, who had been scheduled for a service call at the murder victim's house that morning, walking toward the doctor's town house at ten-fifty. (The house itself was off-camera.) The tall, thin exterminator wore a NorthFace jacket and work gloves and carried a satchel. Just before noon Jason Smith was video-recorded driving his silver Ford F-150 pickup out of the neighborhood. Before leaving he circled the block two times. While in Levittown police officers searched Smith's house, his trash can and his truck. Investigators took a computer out of the dwelling and from the Ford F-150 seized a jacket and a pair of work gloves.

     The next day at nine o'clock in the evening detectives returned to Levittown to arrest Jason Smith. They took him into custody as he, his girlfriend and their daughter watched "American Idol." Charged with first-degree murder, arson, abuse of corpse and risking a catastrophe (burning down the neighborhood), Smith was locked up and held without bail.  During the arrest the family's dog, a boxer named Tyson, charged the arresting officers and was shot dead.

     According to a statement released by a Philadelphia law enforcement spokesperson, Jason Smith and Dr. Ketunuti, while in the doctor's basement, got into some kind of argument. The suspect punched her to the floor, jumped on top of her and used a length of rope to strangle her to death. In an effort to destroy physical evidence that might link him to the body Mr. Smith set fire to the victim's clothing with his lighter. (The body contained no traces of an accelerant.)

     Jason Smith, except for a 2004 DUI conviction, had no criminal record. He told his interrogators he was addicted to prescription painkillers and that when arguing with the pest-control customer in her basement he "snapped." According to the suspect, when the doctor "belittled" him he flew into a murderous rage.

     A friend of Smith's in speaking to ABC News revealed that Smith as a child had a difficult time controlling his anger. The friend remembered that in his childhood Smith had problems with pyromania.

     In April 2013 at a preliminary hearing before Philadelphia Municipal Judge Teresa Carr Deni, homicide detective Edward Tolliver read Jason Smith's murder confession into the record. According to Detective Henry Glenn, the victim at the time of her violent death was wearing riding boots. Dr. Ketunuti's hands and feet had been tied behind her with a leather strap from horse gear. Smith, in his confession, told the detectives that he had bound the victim's ankles with a riding stirrup. He used a length of rope to strangle her.

     After murdering Dr. Ketunuti in her home Jason Smith drove to another pest extermination job in New Jersey.

     At the preliminary hearing Smith's attorneys, James A. Funt and Marc Bookman did not contest the murder charge but asked the judge to dismiss the arson count because their client did not intend to burn down the building.

     In May 2015 a jury sitting in Philadelphia found Jason Smith guilty of first-degree murder, arson, risking a catastrophe and abuse of corpse. The judge sentenced him to life in prison plus 17 to 34 years.  

     Jason Smith appealed his conviction and his sentence and lost both appeals.

The Tyler Deutsch Child Abuse Case

   Tyler Deutsch lived with his girlfriend and her six-week-old baby girl in a trailer house in Roy, Washington, a town of 800 outside of Tacoma. On Saturday, May 25, 2013, while the baby's 22-year-old mother was away from the trailer, Mr. Deutsch closed the baby into a freezer to stop her from crying then fell asleep. An hour later, as his girlfriend walked into the dwelling, the 25-year-old removed the baby. The infant, wearing only a diaper, had been exposed to a temperature of ten degrees.

     The mother of the abused child tried to call 911 but Tyler Deutsch, not wanting to get into trouble with the law, took the phone out of her hand. The frantic mother ran to a neighbor's place where she made the emergency call.

     Paramedics rushed the unresponsive baby to the Mary Bridge Children's Hospital were physicians managed to revive her. The infant, with blisters on her skin, had a body temperature of 84. Doctors also determined that the baby had a broken arm and leg as well as a head injury.

     Deputies with the Pierce County Sheriff's Office took Tyler Deutsch into custody. According to reports he told the officers that by deep-freezing the baby he was trying to help her. A local prosecutor charged him with attempted murder, assault of a child, criminal mistreatment and interfering with reporting domestic violence. The suspect was held in the Pierce County Jail without bond.

    In January 2014 Tyler Deutsch pleaded guilty to first-degree assault. The judge sentenced him to 16 years in prison. The good news was that the abused child recovered fully. The bad news: someday this man would get out of prison.

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 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. 

Troy James Knapp: Utah's "Mountain Man Burglar"

     In 1986 when he was 28, Troy James Knapp went to prison in Kalamazoo, Michigan for burglary and related offenses. Knapp pleaded guilty to destroying property in 1994 while living in Salt Lake City. Two years later police in Seattle arrested him on the charge of stalking and harassment. In 2002, after serving two years in a California prison for burglary Knapp left the state in violation of his parole.

     In 2007 the wilderness survivalist (he survived on other people's stuff) lived in the mountains of southern Utah. In the summers he stole food and gear from cabins in Iron, Kane and Garfield Counties, and moved from one campsite to the next. During the winter months he lived in the cabins he burglarized in the summer. The owners would return to their seasonal dwellings to find bullet holes in the walls and doors. Knapp also left notes with messages like: "Pack up and leave. Get off my mountain." (If everyone had packed up and left Knapp would have starved.)

     Between 2007 and 2013 prosecutors in Iron, Kane and Garfield Counties charged Knapp with 13 felony burglary crimes and 5 misdemeanor offenses. Because of the remoteness of Knapp's break-ins and the fact he kept on the move he eluded capture for more than five years.

     In late February 2013 a man hunting with his son in Sanpete County crossed paths with Knapp about 125 miles southeast of Salt Lake City. Aware they had conversed with the mountain man burglar the father notified the authorities.

     A few days after speaking with the hunters 9,000 feet up on a mountain near Ferron Reservoir in the central part of the state, forty police officers and a law enforcement helicopter closed in on the fugitive as he trudged through three feet of snow. After firing fifteen rifle shots at the helicopter Knapp surrendered to the small army of approaching lawmen.

     When taken into custody, Knapp possessed an assault rifle and a handgun. He was booked into the Sanpete County Jail without bond. An Assistant United States Attorney in Utah charged Knapp with several federal firearms offenses.

     In April 2014, pursuant to an arranged plea bargain, Knapp pleaded guilty in U.S. District Court to the use of a firearm during a crime of violence. At his sentence hearing on June 9, 2014 federal court judge Ted Stewart handed down the mandatory minimum sentence of ten years in federal prison.

     Knapp's attorney, in addressing the court, said, "There's an admiration for somebody who chooses to live off the land, because he does it while the rest of us wouldn't. Even if he needs a little help from some cabin owners."

     Sanpete County prosecutor Brody Keisel had a different take on the case. He told reporters after the federal sentencing that Knapp was nothing more than a "common crook." 

An Amish Nightmare: The Shaken Baby Misdiagnosis

     On December 23, 1999 Liz Glick, the 4-month-old daughter of Samuel and Liz Glick, Amish dairy farmers in Dornsife, Pennsylvania, died in the hospital two days after her parents found her unconscious in her crib. The baby was ill with a fever and had been vomiting. At the Geisinger Medical Center in Danville, pediatricians experienced in treating Amish babies determined that the infant had died of vitamin K deficiency, a genetic and sometimes dietary condition associated with babies born at home and breastfed who were not given the vitamin through precautionary shots or formula. The symptoms of vitamin K deficiency include bleeding in the brain and eyes as well as the presence of bruises caused by normal handling and movement.

     Dr. Michael Kenny, a pathologist at Geisinger, performed the autopsy and, as Kate Rush later reported in "Genomics in Amish Country," concluded the baby died of a "closed-head injury" (as opposed to a "penetrating head injury" caused by a bullet, stabbing instrument or a blunt object.) Since Dr. Kenny was not the medical examiner and it was not his job to make an official manner of death ruling, that decision fell to the county coroner, an elected official without a medical degree. Instead of conferring with pediatricians familiar with Amish patients, the coroner took the unusual step of convening an inquest, a jury-enpannelled hearing to determine if the death was suspicious enough to warrant a full-scale criminal investigation. (The coroner's inquest, as a first step in the criminal justice process, while still available in most states is an antiquated way of determining manner of death.)

     Dr. Kenny's "closed-head injury" finding, combined with the bruises and the brain and eye bleeding led the coroner's jury to rule that Liz Glick may have been the victim of a shaken baby syndrome (SBS) homicide.

     The Glick case became national news when a child protection agency speculated that the other seven Glick children in the wake of the coroner's jury decision were in danger. For their own protection the children were placed in foster homes until the Pennsylvania State Police and perhaps a jury at a murder trial determined if the parents had committed criminal homicide. The Glick children were split up and sent to non-Amish (English) foster parents, an action that stunned and terrified the residents of this traditional central Pennsylvania community.

     The plight of the Glick family caught the attention of Dr. Holmes Morton, a Harvard trained pediatrician who in the 1980's treated Amish patients at Children's Hospital in Philadelphia. Dr. Morton moved to Strasburg, Pennsylvania, where in 1989, he founded a nonprofit clinic in the heart of Amish country called the Clinic for Special Children specializing in the treatment and study of illnesses and disorders affecting the Amish. Supported by donations and fund-raising events the clinic incorporated a state-of-the-art laboratory for the diagnosis and study of biochemical genetic disorders. Dr. Morton should have been one of the first experts consulted by the authorities in the Glick case. He was well-known, had expertise pertinent to the case and was local. No one, however, sought his opinion on the cause of the Glick baby's death.

     Without being asked, Dr. Morton conducted his own inquiry into the Glick baby's medical history. A few days later he announced that the infant had been born with a genetic liver condition that rendered her body incapable of breaking down vitamin K. The symptoms of vitamin K deficiency--the bleeding in the brain and eyes, and the severe bruising--could easily be mistaken for signs of SBS. In Dr. Morton's opinion the Glick child had not been killed by shaking. There had been a terrible mistake; this baby's death had been of a natural cause.

     But criminal investigations are like freight trains--once they get rolling they are hard to stop. Even though Dr. Morton had thrown his body across the tracks the train kept coming. Weeks passed. Finally, in February 2000 the case went before a state medical advisory board of physicians. The doctors heard testimony from several pediatricians who agreed with Dr. Morton's diagnosis. The panel of physicians voted to recommend that the manner of death in the Glick case be changed to natural.

     The local coroner, in light of the physicians' recommendation, changed his cause of death ruling and shortly thereafter the child protection agency gave the Glick children back to their parents. A month later the district attorney announced that Samuel and Liz Glick were no longer the targets of a homicide investigation. One can only guess how far down the criminal justice track the prosecution train would have rolled had it not been for Dr. Morton's intervention. One or both of these parents could have been sent to prison. 

The Oleg Sokolov Murder Case

     On the night of November 7, 2019 Oleg Valeryevich Sokolov, the decorated Napoleonic era historian, author and professor at Saint Petersburg State University in Saint Petersburg, Russian, physically assaulted his girlfriend, 24-year-old Anastasia Veshchenko. She had been a student of his and upon graduation moved into his apartment. That night, after being beaten, Veshchenko called her brother and informed him of the assault. She said Professor Sokolov attacked her because she attended a birthday party with a friend.

     That night, not long after notifying her brother of the assault, Anastasia Veshchenko called her brother back and told him that the dispute had been resolved and that all was well.

     During the early morning hours of November 8, 2019 the 63-year-old professor, in his flat, killed Anastasia Veshchenko by shooting her with a sawed-off shotgun. Following the murder he dismembered his victim in the bathtub, placed her body parts in garbage bags and stored them in his spare bedroom. 

     On November 9, 2019, with his dead girlfriend's mutilated body still in his apartment, Professor Sokolov hosted a party.

     On the morning after the party the intoxicated killer walked along the Moika River not far from his flat. He was recorded on a CCTV camera throwing bags into the water. At one point he stumbled and fell into the drink. People who witnessed his fall saved him by pulling him out of the water. Someone called the police.

     When officers searched Professor Sokolov's backpack they discovered a bag containing a pair of female arms. At that point Sokolov informed the police he murdered his girlfriend. He led the officers back to his apartment where they found what remained of Anastasia Veshchenko's body. They also seized the shotgun, several firearms and the saw the professor used to dismember his girlfriend.

     While at the murder scene with the police officers, the professor, in an attempted suicide, stabbed himself with a dagger. Following treatment at a nearby hospital he was arrested on charges of murder and illegal possession of firearms. 

     Oleg Sokolov, not long after his arrest, pleaded guilty to the murder and gun charges. 

     On June 9, 2020, following delays due to the COVID-19 pandemic, Mr. Sokolov's sentencing hearing got underway in Saint Petersburg. At the proceeding a government witness informed the court that in 2008, in Moscow, Oleg Sokolov tied Ekaterina Ivanova to a chair and beat her. The assault took place because Ivanova threatened to leave him after learning that he was married. Nothing came of that assault.

     A psychiatrist for the state testified that at the time he murdered Anastasia Veshchenko Mr. Sokolov was sane and knew exactly what he was doing.

     The defendant, testifying from within a glass enclosure, explained that he killed his girlfriend in a fit of anger. He said he had thought she was the perfect woman, but instead she "turned into a monster."

     Judge Yulia Maximenko sentenced Oleg Sokolov to 12 years and six months, a term to be served at a "strict regime penal colony." No one, including the prosecutor and Anastasia Veshchenko's parents, objected to the lenient sentence.

The Pastor Elder Ulysses Woodard Attempted Murder-Suicide

     In 2016 Pastor Elder Ulysses Woodard and his wife Alisha started the True Word of Deliverance Church of God in Prichard, Alabama. In early February 2020 the couple, experiencing serious marital problems, separated. The estrangement from his wife caused Pastor Woodard, a man who had for years suffered from mental illness, considerable distress. The 44-year-old told friends that he was lost without his wife.

     On the night of February 21, 2020 Alisha Woodard was the featured speaker at the Women of God Through Promise Conference at the True Cornerstone Church in Mobile, Alabama. The event was hosted by Pastor Derek Scott Gandy. 

     Shortly after eleven o'clock that night, at the conclusion of Alisha Woodard's sermon, her estranged husband showed up at the True Cornerstone Church and approached Pastor Gandy. "Pastor," he asked, "can I talk to my wife please?"

     Soon after the Woodards met in the parking lot outside the church they began arguing. With church parishioners looking on Elder Woodard grabbed his wife's arm and pulled her screaming to his car. From the vehicle Woodward retrieved a handgun and shot his wife in the chest. After wounding his wife he climbed into his vehicle and drove off, leaving her bleeding on the church parking lot. 

     Police officers arrived at the scene at 11:23 as paramedics attended Alisha Woodard. The medical responders rushed the wounded woman to a nearby hospital where she was treated for a non-life threatening wound.

     Around midnight police officers spotted Pastor Woodard in his car. The vehicle pursuit that followed led back to the True Cornerstone Church's parking lot. When officers approached the pastor's car he put the handgun to his head and pulled the trigger. Upon killing himself his car lurched forward and crashed into the church.

     A few days after the attempted murder-suicide, Pastor Woodard's sister told a reporter that her brother suffered from mental illness and reached out to his Christian friends for help. According to her the church, having failed to help her brother, was responsible for his death. He was she said, a "true mighty man of god."

The Steven Capobianco Murder Case

     On Sunday night February 9, 2014, 27-year-old Carly Scott, a resident of Makawao, a town on the Hawaiian island of Maui, received a call from Steven Capobianco. Carly Scott's 24-year-old ex-boyfriend and father of her unborn child said his truck was stuck in a ditch off the Hana Highway near mile marker 30 in the Keanae area.

     Carly left her house that night with her pit bull mix Nala in her 1997 Silver Toyota 4Runner. On Monday morning when Carly Scott didn't show up for work her mother reported her missing to the Maui police. That day friends and family of the missing 5-foot-10, 160 pound woman with shoulder-length red hair, drove up and down the Hana Highway looking for her. They were concerned she might have driven off a cliff.

     That morning, February 10, 2014, one of Carly's sisters, Kimberly Scott, spoke to Steven Capobianco who said that after Carly had pulled him out of the ditch the two of them proceeded on the highway with her following behind his truck. At some point he didn't see her headlights anymore.

     At six in the evening of Wednesday, February 12, 2014 Carly's friends came across the missing woman's SUV in Haiku, Maui. The vehicle, completely gutted by fire, had been rolled over onto its side. The burned-out Toyota was lying in a pineapple field off Peahi Road that led to a popular surfing spot known as "Jaws." Carly Scott was not in the vehicle. (Her dog Nala had turned up two days earlier in Nahiku.)

     The day after her friends found Carly's torched 4Runner in the pineapple field, Mileka Lincoln, a reporter with Hawaii News, interviewed Steven Capobianco. The ex-boyfriend confirmed that on Sunday, the night Carly went missing, she helped him get his truck out of the ditch. Later the two of them headed toward Haiku 25 miles up the road. She followed behind and when he reached Twin Falls he looked in his rearview mirror and didn't see her headlights. Capobianco drove home and assumed that Carly had made it back safety to her house.

     "I sent her a text that said, 'Thank you,' but I figured she was working. That's why she didn't get back to me right away." [Apparently Carly had a late night job.]

     According to Steven Capobianco, "It wasn't until the cops showed up at my house at 5:30 in the morning the next day [Monday February 10] that I realized something was wrong." He told the reporter that Maui police questioned him at the police station where he took a polygraph exam. When he asked how he had done on the lie test a detective informed him that according to the instrument he had not told the truth.

     To the reporter Mr. Capobianco insisted that he "absolutely" had not hurt his ex-girlfriend. "I mean," he said, "it's understandable that I'm probably the prime suspect, so they're [the police] not going to tell me details (of the case)." 

     The missing woman's ex-boyfriend said they broke up several years ago but had remained friends. He said that they "occasionally hooked-up."

     "Were you excited about being a dad?" asked the reporter.

     "Sort of. It was unexpected. She didn't tell me right away, but it was growing on me." At one point Capobianco indicated that he didn't know for sure if he was the father of Carley Scott's unborn child.

     On Thursday night, February 13, 2014, 16-year-old Phaedra Wais, the missing woman's half-sister found a skirt, shirt and bloodstained bra in a remote area off the Hana Highway. When she reported the find to the police an officer told her not to disturb the evidence and wait for a detective. The girl ignored this advice and drove the garments to the police station in Kahuiui. Later, police officers found a jawbone, fingertips and hair follicles near this site.

     In an unrelated matter, Maui police, in April 2014, arrested Steven Capobianco on the charge of first-degree burglary. The judge set his bail at $10,000. He stood accused of breaking into a Haiku woman's apartment in September 2013 and stealing two computers and her jewelry. Police recovered the stolen property in a search of the suspect's house.

     The garments found by Phaedra Wais belonged to her missing half-sister. A forensic scientist ended hope that Scott was alive by identifying the jawbone, fingertips and hair as being hers. This meant the missing person case had turned into a homicide investigation.

     On July 18, 2014 a grand jury sitting in Maui indicted Steven Capobianco of murder and arson. According to the language of the true bill the suspect had "intentionally or knowingly caused Carly Scott's death in an especially heinous, atrocious or cruel manner that manifested exceptional depravity."

      Steven Capobianco pleaded not guilty to the murder and arson charges.

     On December 28, 2016 a jury in Maui, in the entirely circumstantial case, found Steven Capobianco guilty of second-degree murder and arson. 

     On March 24, 2017 the judge sentenced Steven Capobianco to 40 years for second-degree murder and 10 years for arson. The sentences were to run consecutively that meant the 27-year-old could serve up to 50 years in prison.

Michael A. Dotro: A Rogue Cop in a Dysfunctional Police Department

     Michael A. Dotro, a nine year veteran of the Edison, New Jersey Police Department, worked in the internal affairs unit. Since the 36-year-old officer had a history of misconduct complaints, including charges of excessive force, he didn't seem to be the right person for the job. But nothing within the Edison Police Department was right.

     For years, officers on this police force had been engaged in a civil war. Cops were suing each other and there were accusations that detectives in the internal affairs unit were gathering information on local politicians and others and ignoring citizen complaints of police brutality.

     In 2005 a member of the Asian-Indian community who was arrested by officer Dotro accused him of police brutality. Amid citizen protests and a lot of bad publicity Officer Dotro was administratively cleared of wrongdoing.

     Three years after the excessive force complaint Dotro got into a fistfight with his 68-year-old neighbor, Dennis Sassa. Mr. Sassa claimed the then 31-year-old officer punched him in the face six times. The dispute revolved around a shed that sat on Dotro's property. Both men filed assault charges and both were acquitted in municipal court. (Shortly before the fight someone torched a shed on Mr. Sassa's property. Flames from the structure spread to a camper and to Mr. Sassa's house.)

     Edison Police Captain Mark Anderko considered Michael Dotro unfit to be an officer of the law. Captain Anderko and officer Dotro were on opposing sides in the departmental civil war. With 24 years on the force, Captain Anderko served as the top aide to Chief Thomas Bryan. Anderko resided in a two-story colonial home in Middlesex County's Monroe Township with his wife, their two children and his 92-year-old mother.

     At four in the morning of Monday, May 20, 2013, someone firebombed Captain Anderko's home. The family dog alerted Anderko's wife who woke up the other four occupants of the dwelling. No one was injured, but the fire destroyed the front section of the house where the children had been sleeping.

     On Thursday afternoon, May 23, 2013, officers with the Edison Police Department arrested Michael Dotro and searched his Manalapan, New Jersey house. Charged with five counts of attempted murder and aggravated arson, a Superior Court judge set the officer's bond at $5 million. He was incarcerated in the Middlesex County Jail. Following the arrest, Chief Byran placed Officer Dotro on paid administrative leave. (The accused cop received an annual salary of $118,000.)

     In September 2017, after numerous court delays, Michael A. Dotro pleaded guilty to aggravated arson. The judge sentenced him to 20 years in prison.

The Pedro Maldonado Murder-Suicide Case

     In 2013 Pedro Maldonado and his wife Monica, citizens of Ecuador, South America, were living in the United States on expired visas. The couple resided in a gated community in Weston, Florida thirteen miles west of Fort Lauderdale. The Maldonado's 17-year-old son Pedro Jose Maldonado Jr. attended Cypress Bay High School where he was a drummer in the band. The older Maldonado son, Jose, was a student at Florida State University in Tallahassee.

     Mr. Maldonado and his 47-year-old wife not only faced deportation back to Ecuador, they were in serious financial trouble. An exporter of police supplies to South America, he had recently lost most of his business. In September 2013 the couple's drivers' licenses expired. As people living in the country illegally they could not renew their licenses and drive legally.

     Due to his citizenship and financial problems the 53-year-old Maldonado felt helpless and doomed. Facing a bleak future he slipped into depression to the point of becoming suicidal.

     On Tuesday, December 3, 2013 at four-fifteen in the afternoon, Mr. Maldonado telephoned a friend in Miami and gave him some shocking news. According to Maldonado he had killed Monica and their son Pedro in the family's Weston townhouse. Maldonado said he had shot them the day before with arrows fired from a crossbow. When asked where he was calling from Maldonado said he had checked into a motel near Lake City, Florida. The stunned recipient of the phone call immediately notified the authorities.

     In Weston, Florida, Broward County sheriff's deputies at six that evening entered the Maldonado townhouse where they discovered the dead bodies of Monica Maldonado and her son Pedro. They had each been shot in the head with small arrows or darts fired from a crossbow that featured a pistol grip. (I assume the victims were shot while they slept.)

     On Tuesday, December 3, 2013, about seven hours after Pedro Maldonado called his friend in Miami with the startling news, deputies with the Columbia County Sheriff's Office spotted his SUV parked outside the Cabot Lodge Motel near the intersection of Interstates 10 and 75 near Lake City, 100 miles east of Tallahassee. Shortly thereafter police officers evacuated the motel and called in a SWAT team and a crisis hostage negotiator.

     SWAT officers, after receiving no response from Maldonado's room, entered the motel at two in the morning on Wednesday, December 4, 2013. The officers found Mr. Maldonado dead in the bathroom. He had used a knife to slit his throat. 

     Investigators in piecing together the sequence of events that unfolded over the previous two days learned that Maldonado, after murdering his wife and youngest son in the Weston townhouse, drove 460 miles north to Tallahassee where he checked into a motel. Just after seven o'clock Tuesday morning, December 3, 2013, he shot his 21-year-old son Jose in the ear with  a crossbow dart. Having failed to make a killing shot the father tried to choke his oldest son to death. Following a struggle, the young man managed to escape.

     Jose Maldonado did not report his father's attempted murder until after he learned what had happened to his mother and his younger brother.

     Neighbors in Weston described Mr. Maldonado and his family as quiet people who kept to themselves. The only sounds anyone heard coming from the townhouse involved the boy's practice sessions with his drums. Moreover, Mr. Maldonado did not have an arrest record in the United States and the local police had never been called to the house to mediate a domestic dispute.

     That Pedro Maldonado committed suicide is not shocking. What is a mystery is why he decided to end the lives of his wife and his children. When the American dream ended for the father he must have decided that if he couldn't have it neither could his wife and two sons. This case reflects the fact that there are things in life and crime that will never make sense. This is particularly true in the world of suicide and murder.

Sandy Ford's Murder-Suicide Pact

     In 2009 Chris and Mandy Hayes lived with their four children, ages seven, six, three and two in Sylvania Township, Ohio, a community of 20,000 ten miles northwest of Toledo not far from the Michigan state line. Because their 6-year-old son had "behavioral problems" and required extra attention, Mandy Hayes' parents, Sandy and Randy Ford, agreed to temporarily care for and house their other three children. The grandparents resided in west Toledo.

     In the fall of 2012 Chris and Mandy Hayes decided it was time to reunite the family under the same roof. Their troubled son had received a lot of help and was now on medication. This decision, however, did not sit well with Sandy Ford, the 56-year-old grandmother who did not want her three grandchildren leaving her home. Mother and daughter quarreled repeatedly over whether it was safe to return 10-year-old Paige, 6-year-old Logan and 5-year-old Madalyn to their parents' home in Sylvania Township.

     On November 6, 2012, at 5:50 in the evening, officers with the Toledo Police Department responded to a domestic disturbance call at the Ford residence. Mandy Hayes and her mother had gotten into a fight over the children that led to the grandmother being taken to the hospital for injuries to her shoulder and eye. According to the police report, Sandy Ford told officers that the "family crisis is continuing while the children are at the mother's home in Sylvania Township."

     The Hayes children were scheduled to move back into their parents' home on November 7, 2012, but when it came time for the switch the police were summoned when another fight broke out between the children's mother and grandmother. The next day, under police escort, the three children were transferred back to the family home in Sylvania Township. This did not, however, end the domestic feud.

     On November 8, 2012, the day she lost physical custody of her three grandchildren, Sandy Ford and her 32-year-old live-in son Andy began preparing for mass murder and suicide. Early on Monday morning, November 12, 2012, Sandy and her adult son boarded up the doors and windows to the Ford's unattached double garage. Later that morning, at twenty after eight, Mandy Hayes delivered her three children to Whiteford Elementary. Sandy Ford, who was waiting for them in the school lobby intercepted the children and escorted them out of the building and into her car. Sandy transported her grandchildren from Sylvlania Township to her home in west Toledo.

     The grandmother drove her blue Honda Civic into the garage next to the family pickup. She (or Andy) unplugged the overhead garage door operating system and threw the manual locking latch. The children, carrying snacks and coloring books, and accompanied by two dogs and a cat, climbed into the back seat of the car. Sandy, or her son, ran a hose from the pickup truck's exhaust into the Honda via a back seat window. After someone started the pickup Andy and his mother joined the children and the pets in the back seat of the Honda.

     That morning, at ten o'clock, officials from the Whiteford Elementary School in Sylvania Township called Mandy Hayes to report that her children were not in class. At the mother's request a police officer drove to the Ford residence in west Toledo. He knocked on the door and when no one answered he left the scene. (The officer must not have heard the truck running in the unattached garage.) The police returned to the Ford home several times that morning and early afternoon, but did not enter the dwelling.

     Randy Ford, the 60-year-old grandfather, spoke to a police officer stationed outside the house when he arrived home from work at 2:30 that afternoon. Mr. Ford entered the dwelling, and inside found "suspicious" notes from his wife and the grandchildren that suggested murder-suicide.

     At 3:30 that afternoon a member of the fire department broke into the garage with a sledgehammer. The emergency responder discovered Sandy Ford, Andy Ford and the three Hayes children. They had died from carbon monoxide poisoning. The pets were dead as well.

     On November 15, 2012 Mandy Hayes told a local television correspondent that "I don't know what happened. They [her mother and brother] weren't in their right minds. That's all I can say. Something snapped...I just can't explain it, really." To the same TV reporter, the children's father said, "I think she [Sandy Ford] really did not want those kids to ever come home is what the deal was there. She felt she was their mother." 

Freddie Lee Hall: Should Murderers With Low IQs Be Spared The Death Penalty?

     Throw a ball in any maximum security prison and it will bounce off a lot of stupid men. If these vicious rapists, thugs and murderers were smart, most of them wouldn't be behind bars. Moreover, it's not stupidity that makes a person violent. Most stupid people obey the law and wouldn't hurt a fly. So, just because a cold-blooded sadistic killer has a low IQ is no reason to cut him a break when it comes time for the death penalty. Take Freddie Lee Hall.

     In February 1978 33-year-old Freddie Lee Hall was out on parole in connection with a recent conviction for assault with intent to rape. Given his long history of violent crime it was hard to believe he wasn't in prison. Hall and one of his criminal associates, on February 21, 1978, were in Leesburg, Florida looking for a car to steal for use in an armed robbery.

     That afternoon Hall and his accomplice spotted 21-year-old Karol Hurst coming out of the Pantry Pride Grocery Store. She was seven months pregnant. As Hurst walked toward her car the men accosted her and forced the terrified victim into Hall's vehicle.

     Hall drove off with the abducted woman in his car. The accomplice followed in the victim's vehicle. Hall drove Karol Hurst to a wooded area where the two thugs raped and beat the victim savagely before, execution style, they shot her to death. To hide the body Freddie Hall dragged the pregnant corpse deeper into the woods.

     That night, in the murdered woman's car, Mr. Hall and his friend drove to the convenience store in Hernando County they planned to hold up. As they sat in the parking lot waiting for the right moment to strike, a suspicious clerk inside the store called the sheriff's station. The sheriff's office happened to be across the street from where Hall and his accomplice were casing out the robbery.

     Deputy Lonnie Coburn pulled into the parking lot and confronted the suspicious men. After getting the drop on the deputy, Hall shot the officer to death with the deputy's service revolver.

     A jury found Freddie Lee Hall guilty of two counts of first-degree murder on June 23, 1978. Jurors, by an eight to four vote, recommended the death penalty. The judge, four days later, sentenced Hall to death row.

     At Hall's sentencing hearing his lawyers argued that their client was too stupid to execute. Hall had been classified by public school officials in the 1960s as "mentally retarded." Ten years before his death sentence Freddie Hall had scored as low as 60 and as high as 80 on IQ tests. According to the American Psychiatric Association's Manual of Mental Disorders, an IQ of 70, plus or minus five points, represents the upper range of intellectual disability.

     Over the years Hall's anti-capital punishment attorneys arranged to have him examined by a battery of psychiatrists and other medical practitioners who declared the death row inmate mentally disabled.

     In 2002 the United States Supreme Court barred states from executing "mentally disabled" prisoners. The high court left the determination of who is so afflicted to the states. In Florida, as measured by an IQ test, the threshold for concluding that an inmate is mentally disabled is a score below 70. 

     On March 3, 2014 appellate attorneys appeared before the U.S. Supreme Court on behalf of Freddie Lee Hall. The death house lawyers, in challenging Florida's mental threshold for execution, argued that IQ tests alone were insufficient in establishing mental disability.

     Justice Antonin Scalia pointed out the brutality of Hall's crime and noted that it had taken several steps for Hall to abduct then kill the pregnant woman. The killing of the police officer was certainly premeditated. Didn't the crime itself reflect sufficient mental capacity?

     On May 27, 2014, in a 5-4 decision, the U.S. Supreme Court ruled that defendants whose IQ scores are near 70 should not be executed. Writing for the majority, Justice Anthony M. Kennedy noted that states should not "view a single factor as dispositive in determining intellectual disability." As a result of this high court decision Freddie Lee Hall avoided execution. 
 
     If a criminal is smart enough to read, get a driver's license, plan a robbery and make an effort not to get caught, he should be smart enough to execute. People who are murdered by stupid people are just as dead as those who are murdered with people with IQs higher than Freddie Lee Hall's. 

The Julia Merfeld Murder-For-Hire Case

     Early in 2013, 27-year-old Jacob Merfeld and his wife Julia moved from Keyport, a small Monmouth County town in eastern New Jersey, to Muskegon, Michigan. While they settled into their Muskegon apartment, the couple's two children, a 4-year-old daughter and a boy who was two, were cared for by Jacob's parents in neighboring Wisconsin.

     There was nothing about Jacob Merfeld, a member of the U. S. Coast Guard, or his 21-year-old wife that seemed out of the ordinary. To the outside world they appeared to be a typical middle-class couple doing their best to raise their children and succeed in life.

     In late March 2013 Julia told co-worker Carlos Ramos that she wanted out of her marriage. She said that although her husband was a nice guy who treated her well, she had found someone else, a person she wanted to live with. While Ramos found this revelation mildly provocative, what she said next shocked him.

     Julia, over a period of several days, talked about how her husband's death would be so much better for her than a divorce and all that went with such a prolonged complicated process. For one thing, a divorce would be embarrassing, and it would break Jacob's heart. So this was her plan: She would pay Carlos Ramos $50,000 out of her husband's $400,000 life insurance policy if he murdered him. The money would be paid to the hit man in $10,000 installments.

     When this ordinary unexceptional young wife and mother offered Carlos Ramos $50,000 to commit cold-blooded murder he didn't take her seriously enough to notify the authorities. He figured she was either joking or just blowing off steam. The cool unemotional way Julia discussed having her husband dispatched by a contract killer made the whole proposition, while shocking, seem unreal.

     Carlos Ramos started to change his mind about Julia Merfeld as she continued to talk about her murder-for-hire fantasy and his role in it as her hit man. He eventually decided that she meant business, and that his best course of action involved notifying the Muskegon County Sheriff's Office about her deadly plan. He certainly had no intention of becoming a hired killer. The fact she even considered him a candidate for such an assignment boggled his mind and convinced him there was something profoundly wrong with this woman. She spoke of murdering another human being the way one would speak of squashing a cockroach.

     On April 9 and 10, 2013 an undercover officer with the Muskegon County Sheriff's Office who posed as a hit man met with Julia Merfeld in the officer's car in a Fruitport Township parking lot. With the hidden camera running the murder-for-hire mastermind explained her reasons for such a drastic solution to a common problem: "It's not that we weren't getting along," she said. "But as terrible as it sounds, it was easier than divorcing him. You know, I don't have to worry about the judgment of my family. I don't have to worry about breaking his heart." 

     Julia Merfeld instructed the phony hit man that she didn't want him to kill Jacob as part as a staged burglary that turned violent. Her reason for not wanting him to do that was self-serving: she didn't want to scare off the person she hoped would move into the apartment with her after Jacob's death. Besides, an indoor killing would be, in her words, "messy."

     Julia said she wanted the hit man to do his job in such a way that wouldn't cause Jacob a lot of pain. She recommended the breaking of his neck. (This woman had obviously seen movies featuring trained killers adept at fatally snapping necks. In real life, breaking a person's neck is not an efficient or easy way to commit murder.) The undercover cop remarked that he usually killed people with guns and knives. Throughout the murder-for-hire conversation the officer repeatedly told Julia that he was going to put two bullets in Jacob's "noggin." To that she repeatedly responded, "Okay."

      The murder-for-hire mastermind informed the undercover officer that she did not want to know in advance when he planned to commit the murder. "It would be better if you surprised me," she said. "The more shocked I am when it happens, the better. I just want to make it as non-suspicious as possible."

     At one point during her two meetings with the sheriff's deputy Julia asked, "What happens if you are caught?" The officer assured Julia that as long as he or an associate kept receiving the hit money installments her name would be kept out of the investigation. (It's hard to image anyone stupid enough to believe that a captured hit man would not immediately roll over on the mastermind.)

     Toward the end of their second meeting on April 10, 2013 Julia Merfeld handed the undercover officer $100 in upfront money to show that she was serious about having her husband murdered. She also gave the officer a floor-plan to the apartment, a photograph of  her husband and written directions to the apartment complex where she hoped the hit man would kill Jacob as he walked out of the building. At this point the man Julia thought was a contract killer displayed his badge and placed her under arrest.

     A Muskegon County prosecutor charged Julia Charlene Merfeld with solicitation to commit murder. The local magistrate denied her bail.

     On June 27, 2013, faced with the certainty of a conviction based on the videotapes of her conversations with the undercover officer, Merfeld pleaded guilty to the solicitation charge. Three days later, as she stood before the sentencing judge, the defendant said, "I do not believe I'm above punishment. I know what I did was wrong and I take full responsibility. My tears are for remorse, not pity."

     Julia's husband, the man she tried to have murdered, also spoke at the sentencing hearing. Jacob Merfeld told Judge William C. Marietti that he forgave his wife because she was a "godly woman who did an ungodly thing." Jacob asked the judge not to send his wife to prison.

     Judge Marietti sentenced the murder-for-hire mastermind to six to twenty years behind bars, a light sentence given the circumstances of this case.

The Kayleigh Slusher Murder Case

     In 2014, three-year-old Kayleigh Slusher lived with her mother Sara Krueger, 23 and Krueger's 26-year-old boyfriend, Ryan Scott Warner. The couple and the toddler resided in Unit 7 at the Royal Garden apartment complex in Napa, California.

     Over the past five years Ryan Warner had been in and out of bay area jails for a variety of crimes including assault and possession of drugs. When his former girlfriend Ashley Owens refused to abort their child, Warner sent her a series of threatening text messages that read: "I hope the kid dies," "I will scalp you," and "I will bust out your teeth with a pipe." Warner was obviously a violent man who didn't like children or women.

     Since June 2012 Napa police officers had been called to the Krueger apartment more than a dozen times on reports of domestic disturbance, theft, vandalism and unwanted persons. By any standard Unit 7 at the Royal Garden complex was a dangerous place to raise a child and relatives and neighbors knew this. The only people who seemed oblivious to the situation were the police and the child welfare authorities. Unfortunately these were the only people with the power to protect Kayleigh Slusher.

     On January 27, 2014 a neighbor called the Napa police and requested a welfare check at Unit 7. According to the caller, Kayleigh Krueger and her boyfriend were using drugs and not feeding the little girl. They were also making a commotion and fighting with each other. Police officers visited the apartment that day and didn't find drugs or evidence of narcotics use. The officers observed Kayleigh who seemed okay. The officers did not notify child protective services. They left things as they found them.

     A Krueger relative, worried about the little girl, called the authorities two days later. On January 29 police officers returned to the apartment, examined the girl and left. This would be the last day of Kayleigh Kreyger's short life.

     At 11:50 AM on Saturday, February 1, 2014 a police dispatcher in the bay area city of Richmond received an anonymous call from a man who had "something to get off his chest" about Sara Kreuger and her boyfriend. According to the tipster, a guy named Brian or Ryan had done something bad to Krueger's daughter.

     That day two police officers arrived at Unit 7, knocked on the door and didn't get a response. A neighbor informed the officers that the day before, January 31, 2014, a man and woman, presumably the occupants of the unit, left the apartment. The little girl was not with them. Using a key they acquired from the apartment complex manager the officers entered the dwelling.

     In one of the bedrooms the officers found Kayleigh in bed covered in blankets up to her neck. Next to her body lay a doll. She was dead and cold to the touch. She also had bruises around her eyes and blood in her nostrils. (A forensic pathologist would determine the cause of death to be "multiple blunt impact injuries to the head, torso and extremities." The pathologist also found evidence of prior child abuse and neglect. Manner of death: Homicide.)

     The following day police officers arrested Sara Krueger and Ryan Warner at a BART station in El Cerrito, California. According to the murdered girl's mother, she found Kayleigh dead when she returned to the apartment on the afternoon of January 30, 2014. Krueger said she placed the body into a plastic bag and stored it for awhile in a freezer before tucking the little corpse into the bed.

     Sara Krueger and Ryan Warner were booked into the Napa County Jail on charges of murder and felony assault of a child causing death. If convicted as charged they faced up to 25 years to life in prison.

     On February 25, 2014, at the murder suspects' arraignment before Napa Superior Court Judge Mark Boessenecker, the couple pleaded not guilty. The judge denied both suspects bail.

     In May 2017, separate juries found Ryan Warner and Sara Krueger guilty of first-degree murder. Napa County Judge Francisca P. Tisher, in July 2017, sentenced both defendants to life in prison without parole.

Murdered in Honduras

     Beauty queen Maria Jose Alvarado, as Miss Honduras, represented a country that had the world's highest murder rate for a place not at war. From 2005 to 2013 the murder of Honduran woman and girls increased by 263 percent. The 19-year-old university student resided in Teguigalpa, the Honduran capital. She had been participating in beauty pageants since she was a young girl.

     In Latin America where beauty pageants are popular, winners often become celebrities and TV personalities. While Alvarado hoped to become a diplomat after graduating from the university, she worked as a model on the popular Honduran television game show "X-O Da Dinero." In her spare time she played volleyball and football (soccer).

     On the night of November 13, 2014 Maria Alvarado was at a resort/spa outside of Santa Barbara, a city 240 miles west of her home. She was there to attend a birthday party for her sister's boyfriend, Plutarco Ruiz.

     That night after the party, Alvarado, her 23-year-old sister Sofia Trinidad Alvarado and Plutarco were seen getting into a champagne colored car.

     The next day, when Maria failed to board a plane for London to participate in the early rounds of the  120-contestant Miss World pageant, she and her sister were reported missing.

     On Tuesday November 18, 2014 officers with the Honduran National Bureau of Investigation arrested Sofia Alvarado's boyfriend, Plutarco Ruiz. Pursuant to the arrest the officers seized a champagne colored car and a pickup truck. They also recovered a .45-caliber pistol.

     Under police interrogation Mr. Ruiz confessed to murdering his girlfriend and her sister, the beauty queen. After he and the women left the party Plutarco Ruiz and Sofia Alvarado got into a heated argument regarding the fact she had been dancing with another man. At some point, out of a jealous rage, Ruiz pulled out the .45-caliber handgun and shot her in the head. He shot Maria twice in the back as she tried to flee the scene.

     Ruiz and an accomplice loaded the two corpses onto the back of a pickup truck and hauled the bodies to a remote spot along the banks of the Aguagual River near the town of Arada 25 miles from Santa Barbara.

     On Wednesday November 19, 2014, police officers recovered the bodies lying on top of each other in a shallow grave near the river. Maria Alvarado was wrapped in a brown plastic sheet.

     Officers with the Honduras National Bureau of Investigation, on the day they arrested Ruiz, took five suspected accomplices into custody. The officers arrested Aris Maldonado Mejia, Antonio Ruiz Rodriguez, Ventura Diaz, Elizabeth Diaz and Irma Nicolle.

     In June 2017, after a jury found Plutarco Ruiz guilty of double murder, the Honduras judge sentenced him to 45 years in prison. The others involved in the murders were convicted and sent to to prison for sentences ranging from five to ten years.

Criminal Investigation As A Thinking Person's Game

     Successful investigators are intelligent, analytical people who like to solve problems and figure things out. They are also curious, competitive and well-organized in their work habits. They are unafraid of complexity, pay attention to detail, are articulate and can express themselves on paper. Dedicated investigators are lifelong students, people who embrace new challenges and tough assignments. They are not only intelligent, they train themselves to think clearly, draw relevant conclusions and keep bias out of their calculations.

     Individuals who make first-class detectives are often not suited for general police work, and a good cop will not necessarily turn into a competent investigator. The fields of law enforcement (peace keeping and order maintenance) and criminal investigation are vastly different functions that appeal to different kinds of people. The uniformed officer, often having to act quickly and decisively, instead of thoughtful discretion, is more likely to behave pursuant to a detailed code of rules and regulations committed to memory. Training a police officer is therefore nothing like preparing someone for criminal investigation. For that reason criminal investigators should be recruited from an entirely different pool of candidates. For example, there is no reason to require trainee investigators to be as physically fit as uniformed police officers. Moreover, there is no reason to train future investigators on how to issue traffic tickets, handle drunks, bust drug suspects or deal with domestic disturbance situations.

     The gap between policing and criminal investigation widened as law enforcement agencies, focused on drug enforcement, and concerns with terrorism, became more paramilitary in nature. Even small police departments field SWAT teams that keep sharp by arresting deadbeat dads, bad check passers and shoplifting suspects. As the police have become less interested in criminal investigation, the public, having been educated by the O. J. Simpson case and hooked on TV shows like "CSI," "The New Detectives" and "Forensic Files," have become increasingly more interested in and knowledgeable about the art and science of criminal investigation. This has widened another gap, one between public expectation and police performance.

     Until general policing and criminal investigation are recognized and treated as separate vocations, criminal investigations of major, difficult crimes will continue to be regularly bungled. It is becoming increasingly difficult to think of a celebrated case that hasn't suffered from what could be at best termed mediocre detective work. In America, people who commit criminal homicide, not a particularly clever group of criminals, have a one-third chance of either avoiding detection or arrest. One in a hundred arsonists end up in prison and child molesters have a field day. For the law breaker, America is the land of opportunity. And it is not because the U. S. Supreme Court has handcuffed detectives. Blaming democracy and due process for investigative failures has become second nature to investigators unwilling to face up to their inadequacies.

     Crime solution rates reveal just how bad our criminal investigators are doing. Only 20 percent of all criminal cases lead to an arrest. The crime solution rate hasn't changed since the FBI started keeping crime records in 1933. The reason for this has to do with the fact that criminal investigation, as a function of the American criminal justice system, has never been a priority. This reality has created decades of public frustration and disillusionment. Instead of fixing the problem, the law enforcement community has tried to indoctrinate the public into believing that solving one out of five crimes is the best that can be expected. It's the old war-is-hell excuse. Even in baseball batting 200 is considered mediocre.

     Investigative trainees are not only drawn from the wrong well, they are improperly trained by instructors who emphasize methods and techniques designed to resolve cases quickly rather than correctly. The emphasis is on the acquisition of direct evidence in the form of eyewitness identification and the confession rather than the more time consuming and complex gathering and interpretation of physical evidence; an endeavor that requires special training and more complicated thinking. Perhaps this is why so many crime scenes are either ignored or improperly processed. This also explains why there are so many false confessions and people sent to prison on the strength of questionable line-up and mug shot identifications. Another method of quickly getting a case off the books involves the use of unreliable jailhouse informants who testify against defendants to get off the hook themselves. The plea bargaining process that accounts for 90 percent of the convictions in this country masks how police detectives go about their business. Because there are so few criminal trials there is no way to know how many confessions are illegally acquired, or how many searches are not based upon adequate probable cause.

     Because most detectives are not accustomed to digging deeply into a crime, that is peeling away layers of leads, they are often stumped when merely scratching the surface of a case fails to reveal the perpetrator. There is also the problem of what could be called the veteran rookie, the uniformed cop who after fifteen years on patrol is rewarded with detective duty. These veteran rookies are not only ill-equipped to be investigators, they are often burned-out bureaucrats eyeing retirement.

     The use of task forces and team investigations attenuate investigative responsibility and produces poor results. A single competent investigator will out perform a team of fifty amateurs without direction or vision spinning their wheels around a case.

     Only a handful of college level criminal justice programs include credible courses on criminal investigation. Most criminal justice courses are in the areas of policing, corrections and the sociology of crime. Too many criminal investigation courses are taught by academics teaching out of textbooks, or worse, by retired cops earning a little part time money by regaling students with war stories. This begs the question: can a qualified practitioner/lecturer teach college students how to become competent, well-rounded criminal investigators? Even if the classroom is filled with serious students who want to become investigators, the answer is, unfortunately, no. The most a criminal investigation professor can do is educate students about the art and science of criminal investigation. While this will not turn criminal justice majors into detectives, it might enhance a student's police training and the all-important apprenticeship that should follow the police academy.

     At the very least, besides the basic crime solving techniques--crime scene work, interviewing, interrogation and the like--students should be exposed to a philosophy or theory of crime solution that includes the proper attitude, mind set and core investigative values that competent detectives possess. They can be taught how to recognize the elements of a solid investigation and identify cases that are incomplete or flawed. If nothing else, students should come away from the course knowing the basic dos and don't of criminal investigation. Outstanding criminal investigators are the products of a solid education, good training, a long internship, close on-the-job mentoring and relevant experience.         

The Dorice "Dee Dee" Moore Murder Case

     In 2006 an illiterate 37-year-old part time sanitation worker from Lakeland, Florida named Abraham Shakespeare (an ironic name) won the state's $30 million jackpot lottery. Mr. Shakespeare elected to accept the $17 million lump-sum payout. Soon after winning the money he purchased fancy cars, jewelry, furniture and a $1.7 million mansion in his hometown. Over the next two years the soft-touch millionaire who couldn't tell $6,000 from $60,000, spent, lent and gave away 90 percent of his fortune. Like so many big lottery winners before him, Abraham Shakespeare was beleaguered and overwhelmed by needy relatives, greedy acquaintances, grifters and complete strangers begging him for hand-outs. The money took over his life and brought him problems he hadn't had before hitting it big.

     In late 2008 the confused, depressed and vulnerable lottery winner met a 36-year-old predatory fortune-hunter named Dorice "Dee Dee" Moore who befriended him with the claim she was writing a book about how people took advantage of lottery winners. (Such as by claiming to be writing a book on how people take advantage of lottery winners.) Mr. Shakespeare fell for the ploy and by early 2009 Dorice Moore, as his financial advisor, was looting what was left in his bank accounts.

     On April 6, 2009 the former millionaire, now with just $14,000 in the bank, disappeared. His family, however, didn't report him missing for seven months. During this period Dorice Moore paid people to tell Shakespeare's mother they had spotted her son around town in the company of a woman. Moore even paid one of the missing man's friends to send the mother a forged letter from Abraham. (Since he couldn't write, this should have raised eyebrows.) Moore also hired an impersonator to fake a phone call to Shakespeare's mom.

     By November of 2009 police started investigating Dorice Moore as a suspect in Mr. Shakespeare's disappearance. Officers, while searching her home in Plant City, Florida found the missing man's mummified remains in her backyard beneath a thirty-by-thirty foot slab of concrete. The forensic pathologist who performed the autopsy dug two .38-caliber slugs out of the corpse. Mr. Shakespeare died from being shot twice in the chest.

     Following her arrest on February 3, 2010 Dorice Moore told her police interrogators that Shakespeare had been murdered by five shadowy drug dealers. She knew two of them by the names Ronald and Fearless. The others she didn't know. The detectives questioning her, because they had been investigating the murder, didn't believe the drug dealer story.

     The Moore murder trial got underway on November 29, 2012 in Tampa, Florida before Hillsborough County Circuit Judge Emmett Battles. In his opening remarks to the jury prosecutor Jay Pruner said that Moore, after stealing $1.3 million from Shakespeare, shot him to death on April 6, 2009. She and an accomplice buried his body behind her house then poured concrete over his grave.

     In addressing the jurors, defense attorney Bryon Hileman said his client had been trying to protect Shakespeare's dwindling fortune from people trying to take advantage of him, and that the lottery winner had fallen in with dealers who had killed him over a drug deal. Regarding the prosecution's case, Hileman pointed out that the state could not link the defendant to the .38-caliber revolver used in the crime. Moreover, Dorice Moore had not confessed, and no eyewitnesses would be testifying against her. According to the defense attorney the prosecution's case was weak and circumstantial.

     Following several days featuring prosecution witnesses who testified that the defendant had paid them to cover-up Shakespeare's disappearance, the state rested its case.

     Defense attorney Hileman did not put Dorice Moore on the stand to testify on her own behalf. During Hileman's closing argument to the jury she sat at the defense table and sobbed loudly. On December 11, 2012, following a three-hour deliberation the jury found Moore guilty of first-degree murder.

     Before sentencing the 40-year-old Moore to the mandatory life sentence without parole, Judge Battles called her "cold, calculating and cruel." According to the judge, she was "probably the most manipulative person this court has ever seen."

     In less than three years Abraham Shakespeare's good luck turned into a nightmare that led to his murder. This case is a good example how, when it comes to money, big winners can quickly turn into big losers. Mr. Shakespeare should have secured good financial advice, found a way to avoid all of the freeloading beggars, then paid someone to teach him how to read and write. 

Anthony Giancola: From Teacher to Cocaine-Crazed Spree Killer

     Anthony (Tony) Giancola, as a student at Boca Ciega High School in Gulfport, Florida just south of St. Petersburg in Pinellas County, showed a lot of promise. He played football, was class president and had the lead role in the school play, South Pacific. Although accepted for admission at West Point he attended the U.S. Coast Guard Academy.

      Mr. Giancola began his teaching career in 1991 at the Dorothy Thomas Exceptional Center, a K-12 school for at-risk children with special needs. By 2005 he was head of the school. In the summer of 2006 Pinellas School District administrators made Tony Giancola principal at the Van Buren Middle School in Tampa. Although he made $90,000 a year he had a $100-a-day cocaine habit. In February 2007 the principal purchased cocaine, in his school office, from an undercover narcotics officer. After the drug transaction the officer arrested Giancola and searched his car where he found marijuana and two glass pipes containing traces of cocaine. The narcotics arrest ended Mr. Giancola's education career and led to a year in jail followed by three years of probation.

     In 2009 Tony Giancola's wife divorced him and a year later, in St. Petersburg, police arrested him as he sat in his car at three in the morning. He was charged with violating his probation by prowling and loitering. At this point in his life Mr. Giancola was a mere shadow of his former self and living on the fringes of society.

     On Friday, June 22, 2012 at 10:45 AM in Lealman, Florida, a Pinellas County town 20 miles west of Tampa, Tony Giancola walked into a group home and stabbed 27-year-old Justin Vandenburgh who died at the scene. Next, he stabbed Mary Allis, 59, who would die later that day at a local hospital. Giancola, using the same knife attacked 25-year-old Whitney Gilber and Janice Rhoden, 44. These women survived their stab wounds.

     After stabbing four people at the group home Mr. Giancola drove to nearby Pinellas Park, and at the Kenvin's Motel, attacked the man and woman who ran the place with a hammer. The married 57-year-olds were taken to the hospital and treated for serious injuries. Both of these victims, however, survived.

     At 11:30 on the morning of the Kenvin's Motel rampage, Tony Giancola pulled his Ford sedan up to a house in Penellas Park and asked a group of people sitting on the front porch where he could meet a prostitute. When they told him to get lost he plowed his car into the porch, injuring three women and a man. A witness at the scene took down his license number.

     As Giancola drove from the hit and run scene he struck a 13-year-old boy riding a bicycle. Kole Price, who received minor injuries from the collision, was struck again by Giancola who was intentionally trying to run him down. The boy found protection behind a telephone pole.

      After trying to kill the boy on the bicycle, Giancola drove to a nearby Egg Plotter restaurant where he called his mother. Shortly after the call she and his sister put the blood-covered Giancola into their car and drove him to the mother's house. When Giancola climbed into the car he said, "You'll be proud of me, I just killed 10 drug dealers."

     When Tony Giancola and the two women arrived at his mother's house she called the sheriff's office. But before deputies arrived at the dwelling he was gone. A short time later police officers found Giancola hiding in a clump of brush next to a canal in St. Petersburg.

     In the course of Giancola's crime spree, the former school principal had stabbed four people, killing two of them. He attacked the two motel operators with a hammer, injured four people on the porch and ran over a boy on a bicycle. The Pinellas County prosecutor charged Tony Giancola with two counts of first-degree murder, two counts of attempted murder and several counts of aggravated assault. If convicted as charged he faced the death penalty.

     Other than being high on cocaine, investigators don't know why Mr. Giancola attacked these eleven people. There was nothing connecting the groups of victims to each other or to him. Police believed the murders and assaults were spontaneous and random.

     In September 2013, to avoid death by lethal injection, Anthony Giancola was allowed to plead guilty as charged. The judge sentenced him to several life sentences, terms to run consecutively.

Erika Murray's Squalid House of Horrors

     In 2001 17-year-old Erika Murray met a 25-year-old McDonald's employee from Framingham, Massachusetts named Ramon Rivera. They moved into his parents' home where less than a year later she gave birth to their first child. Three years later, when they were expecting their second child, they moved into a home a few blocks from the police department in Blackstone, Massachusetts, a town of 10,000 on the Rhode Island state line 50 miles southwest of Boston. The dwelling was owned by Rivera's sister who resided there as well. At that time Rivera had a job at a Staples office supply store as a sales clerk.

     In 2006 Rivera's sister moved out of the house. A year after that a social worker with the Department of Children and Families (DCF) visited the house on St. Paul Street following a complaint of filthy living conditions. The DCF employee recommended some household upgrades. Because the children didn't seem in danger the social worker closed the case.

     After Ramon Rivera made it clear to Erika Murray that he didn't want any more children, Erika, in 2011 gave birth to a girl. Somehow she had managed to keep the birth a secret. To conceal the true identify of the infant she told Rivera she was babysitting the child for another woman. In April 2014, Murray, in secret, gave birth to the couple's fourth child. She explained away that baby with the same babysitting story. As a result of the secrecy surrounding the births of her last two children there are no official records of their existence.

     On August 28, 2014 the second oldest child in the house went to a neighbor and asked, "How do you get a baby to stop crying?"

     The neighbor entered the house on St. Paul Street with the 10-year-old boy and was shocked by what she encountered. The crying 5-month-old was covered in feces. Inside the dwelling there were piles of trash one to two feet deep that included used diapers. The neighbor called the police.

      Police officers and DCF personnel found the interior of the Murray/Rivera house infested with flies, various other bugs and mice. The four children were immediately removed from the dwelling and placed into temporary foster care.

     Officers also found, in the basement of the house, a marijuana plant beneath a grow-light. Officers also came across jars of marijuana buds and bags of cannabis. Officers booked Ramon Rivera into the Worcester County Jail on charges of possession and cultivation of marijuana with the intent to distribute.

     On Wednesday night, September 10, 2014, police officers in Hazmat suits armed with a search warrant returned to the 1,500 square foot house. Amid the squalor they found a dead dog and two dead cats. In a closet they discovered the remains of a baby. The following day searchers recovered the bodies of two more infants.

     On September 10 at his marijuana charges arraignment, the judge released the 37-year-old Rivera from custody on his own recognizance.
 
     The younger children, the two born in secret, spent their lives inside that house. The 3-year-old had poor muscle tone and couldn't walk. The baby showed signs of having lived entirely in the dark and had maggots in its ears.

     Murray's court-appointed attorney, Keith Halpern, said this to reporters about his client: "She was frozen in this nightmare. She couldn't get out of it." The attorney telegraphed his defense by suggesting that Murray was mentally ill.

     On Tuesday, October 14, 2014 Worcester County prosecutor John Bradley announced that at least two of the infants whose remains were found in Murray's house had been alive for some period of time. The children were dressed in onesies and diapers. A third infant was found in a backpack.

     The judge, at Erika Murray's October 14 bail hearing set the 31-year-old mother's bond at $1 million. Earlier, at her arraignment, she pleaded not guilty to all charges.

     Murray's boyfriend and the father of her children, Ramon Rivera, claimed that he did not know about the dead infants. The authorities did not charge him in connection with the gruesome discoveries inside his house. According to the prosecutor, Erika Murray had instructed her two oldest children to lie to their father about the babies.

     On December 29, 2014 a grand jury sitting in Worcester, Massachusetts indicted Erika Murray on two counts of murder, one count of fetal death concealment related to the remains of the three babies and two counts of assault and battery in connection with the neglected and abused children. According to prosecutor John Bradley, two of the dead babies had lived from one week to a month.

     In speaking to reporters the prosecutor said that the defendant admitted to investigators that knowing that her boyfriend didn't want any more children after the first two, they continued to have unprotected sex. She gave birth to all of the babies in the home's only bathroom and birthed the children herself. She hid their tiny corpses among the trash in the squalid dwelling.

     At her arraignment hearing Erika Murray pleaded not guilty to all five of the grand jury charges. Her attorney, Keith Halpern, argued that the prosecution had no physical evidence regarding how long the babies had been alive or how they had died. He said, "The forensic pathologist testified before the grand jury that it was impossible to determine the cause of death of all three dead infants. The evidence of severe harm to the younger children is clear. The issue in this case is Ms. Murray's state of mind. The children were not the only ones that never left that house. She lived in those conditions for years and hardly ever left that house."

     Outside the courthouse in speaking to reporters, the defense attorney said that his client had laid one of the babies down for a nap, came back an hour or two later and found the infant dead.

     On December 22, 2016 defense attorney Helpern argued at a preliminary hearing that the police search of the defendant's house on September 10, 2014 exceeded the scope of the warrant and was therefore unconstitutional. As a result, according to the attorney, the evidence recovered pursuant to that search was inadmissible

     On March 13, 2017, Judge Janet Kenton-Walker denied the defense motion to suppress the evidence produced by the search in question. That meant that the murder case would proceed to trial. In the meantime, Erika Murray was held, without bond, at the Western Massachusetts Regional Correctional Center in Worcester. 

     In May 2019 Erika Murray was allowed to plead guilty to child assault and animal abuse. Judge Kenton-Walker sentenced her to six to eight years in prison with credit for the four plus years served while awaiting trial. Following her release from prison she would be on probation for five years during which time she could not be alone with children under the age of ten.

Can A Liar Beat the Polygraph?

     In order for a polygraph (lie detection) test result to be accurate, the instrument must be in good working order; the polygraph examiner must be properly trained and experienced in question formation and line-chart interpretation; and the subject of the test--the examinee--must be a willing participant in the process. Not  everyone is suited for polygraph testing, including people who are ill, on drugs, under the influence of alcohol, extremely obese, retarded or mentally unbalanced. (In America that's a lot of people.) Criminal suspects who are emotionally exhausted from a police interrogation do not make good polygraph subjects. Children and very old people should not be placed on the lie detector either.

     The polygraph instrument measures and records the examinee's involuntary, physiological (bodily) responses to a set of ten yes or no questions. The examinee should know in advance what he will be asked. Based upon changes in the examinee's blood pressure, heart rate, breathing patterns and galvanic skin response, the examiner will draw conclusions on whether the subject told the truth or lied. Polygraph examiners are not recognized in the criminal court system as expert witnesses, therefore polygraph results are not admissible as evidence of guilt in criminal cases.

     Congress passed a federal law in 1988 that prohibited the use of the polygraph as a private sector pre-employment screening measure. It is widely used, however, in law enforcement as an investigative tool and as a way to screen job applicants.

     Over the years more and more local, state and federal law enforcement agencies have required job applicants to submit to polygraph tests. These law enforcement job candidates are typically asked if they've ever sold drugs, stolen significant amounts of money or merchandise from their employers or are in serious debt. Employment candidates may also be asked if they have omitted anything important from their resumes or job applications.

     Not everyone is a fan of the polygraph technique. Generally, there are two kinds of polygraph critic. There are the anti-polygraph people who object to this form of lie detection because they believe the instrument and the technique is junk science and therefore no more reliable than a flip of a coin. The other group objects to polygraph use because they believe the instrument is utilized to violate the privacy of those tested. Critics in this camp accuse polygraph examiners, and the people who hire them, of abusing the process by digging for dirt that is unrelated to the job application process.

     Over the years there have been numerous high-profile examples of FBI and CIA spies who avoided detection for years even though they were subjected to regular polygraph testing. Aldrich Ames, the counterintelligence CIA officer convicted of spying in 1994 must have found a way to beat the polygraph screening test. (I do not believe that suspects in criminal cases can lie to competent examiners and get away with it.) This was also true of FBI agent Robert Hanssen who was convicted of thirteen counts of espionage in 2001.

     Russell Tice, the National Security Administration whistleblower who was one of the first to leak evidence of the NSA's spying on U.S. citizens, revealed that during his 20-year career in counterintelligence he beat the polygraph a dozen times. Mr. Tice believed that due to political correctness and lawsuits, polygraph tests have become easier to manipulate. He has said that beating the employment screening examination had become easy. Over the years Mr. Tice and others published, in print and online, instructions on how to mislead polygraph examiners.

     Polygraph examiners ask what they call relevant, irrelevant and control questions. Irrelevant questions such as "Have you ever eaten pasta?" are intended to set the baseline of a truthful response. Control questions are designed to create a baseline or point of reference for deceptive responses. To do that, polygraph examiners ask subjects questions likely to produce deceptive answers. In other words they want the subject to lie. For example: "Have you ever lied to your parents?" or "Have you ever cheated on a test?" Most subjects, when they answer "no" to these questions are lying. Relevant questions are ones that directly address the point of the polygraph examination. In a national security employee screening test an employee with access to classified information might be asked if he or she has leaked classified documents to a journalist. To determine if the subject is telling the truth about not leaking information the polygraph examiner compares the physiological responses to the relevant query with the subject's responses to the control and irrelevant questions.

     According to those who have made it their mission to teach people how to beat the polygraph, manipulation techniques, or so-called "countermeasures," center around how the examinee should respond to the control and relevant questions. In answering a control question designed to produce a deceitful physiological baseline, the subject, while telling the expected lie, should bite his tongue. The idea here is to cause the polygraph instrument to record a strong physiological reaction to the subject's lying. When asked a relevant question the answer to which will be a lie, the subject is instructed to find a way to distance himself from the question by daydreaming, counting backward or slowing down his breathing.

     If this countermeasure works the relatively mild responses to the relevant questions, when compared to the wild reactions to the control questions, might lead the polygraph examiner to conclude that the examinee told the truth.

     Law enforcement job applicants are better off simply telling the truth and hoping for the best. Very few people have the presence of mind and discipline to successfully employ these polygraph manipulation tricks. As for national security employees who are either spies or future whistleblowers, they have nothing to lose by trying these techniques. Notwithstanding Aldrich Ames, Robert Hanssen and Russell Tice, fooling a competent polygraph examiner is a lot easier said than done. And that is the truth.

The College Student From Hell

     In 2009 Megan Thode, a graduate student at Lehigh University in Bethlehem, Pennsylvania, looked forward to earning her master's degree in counseling and human services. To acquire the degree which she would need to qualify for a state counseling license Thode had to earn at least a B grade in her fieldwork class taught by Professor Amanda Eckhardt. Professor Eckhardt, however, upset the applecart when she issued Thode a C-plus. That's when all hell broke out at Lehigh University. 

     While colleges and universities have established procedures for student grade appeals, unless a disgruntled student can prove that the professor made an error in calculating the grade, the student doesn't have a chance. Some students, notwithstanding these policies, get their grades changed by becoming such pains-in-the-neck they wear their professors down. In our sob-story culture everyone has a gut-wrenching tale of woe. Kids who brown-nosed their way through high school are the best at this. Megan Thode and her father, a Lehigh professor, met with Professor Eckhardt who explained that the C-plus was based on the fact Thode's score for the class participation phase of the course was a zero out of a possible twenty-five. Ouch. The goose-egg bumped her down a full letter grade. (In the old days, parents of college kids didn't get involved in their academic affairs. Back then, college-aged people were supposed to be entering adulthood.)

     When Professor Eckhardt said she would not change Thode's fieldwork grade the frustrated student filed an internal grievance against her. Thode not only demanded that her grade be changed to a B, she expected the professor to apologize to her in writing for the C-plus, and to compensate her for the adverse financial consequences of being an unlicensed counselor. Thode did not get her grade bumped up, there was no apology and no compensation. Having exhausted her in-house administrative remedies the disgruntled student got herself a lawyer. 

     Through her attorney, Richard J. Orloski, Megan Thode filed a $1.3 million lawsuit against Lehigh University and Professor Eckhardt in which the plaintiff alleged breach of contract and sexual discrimination. (Exactly what contract the school and professor violated was unclear.) As to the sexual discrimination charge, Thode claimed that she had been punished by her professor because she, Thode, was a strong supporter of gay and lesbian rights. (It would be almost impossible to find a college professor anywhere who didn't strongly support gay and lesbian rights. If Thode had supported free speech and gun rights the lawyer may have had a discrimination case.)

     Thode's suit came to trial in February 2013 before Northhampton County Judge Emil Giordano. The plaintiff's attorney, in addressing the bench, said that as a result of the defendant professor's low grade his client had "literally lost a career." 

     Neil Hamburg, the attorney representing Professor Eckhardt and Lehigh University, in making the case that this lawsuit was absurd, said, "I think if your honor changed the grade you'd be the first court in the history of jurisprudence to change an academic grade"

     Judge Giordano indicated his agreement with the defendant's attorney when he said, "I've practiced law for longer than I'd like to admit and I've never seen anything like this."

     Attorney Hamburg, in defending Professor Eckhardt's evaluation of the plaintiff's academic performance, acknowledged that on paper Thode had been an excellent student. But regarding her classroom participation, Hamburg said that the student "showed unprofessional behavior that included swearing in class, and, on one occasion, having an outburst in which she began crying. She has to get through the program," the defense attorney said. "She has to meet the academic standards."

     Since there is nothing in the professor-student relationship that guarantees the student a good grade, or even a passing grade, there was no breach of contract in this case. And without solid proof of the defendant's sexual discrimination based on a dislike of people who supported gay and lesbian rights, the suit failed on that rationale as well.

     If the plaintiff prevailed in her case it would create an employment boom in the legal profession, at least until college grades became a thing of the past. In time, students would be able to acquire degrees without any proof they had learned anything. Eventually, there would be no need for classrooms or campuses. (We are approaching that now.) This would lower the cost of a college education and career fast-food servers would all have Ph.Ds. Students could simply buy diplomas online and colleges professors across the nation would lose their ivory tower jobs and end up flipping burgers with everyone else.

     On February 14, 2013 Judge Giordano ruled in favor of Professor Eckhardt and Lehigh University. He wrote: "Plaintiff has failed to establish that the university based the awarded grade of a C-plus on anything other than purely academic reasons. With this decision Judge Giordano dealt a blow to the legal profession, but saved higher education.