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Friday, August 30, 2024

Homicidal Schizophrenics: Individual Rights Versus Public Safety

     In February 2009 Joseph Hagerman III, a diagnosed paranoid schizophrenic, stopped taking his antipsychotic medication. He had stopped taking his medicine twice in the past and had experienced psychotic episodes. This time, however, he decapitated his 5-year-old son and injured his wife who tried in vain to protect the boy.

     Following his arrest Mr. Hagerman in a jailhouse interview with a local TV reporter said he had killed his son because he believed the boy had become the antichrist.

     A few months after the homicide, a jury in Virginia Beach Virginia found the defendant not guilty by reason of insanity. Under Virginia law this meant that Mr. Hagerman would be sent to a mental institution instead of prison. He would remain at the hospital until his doctors and a judge declared him sane enough to rejoin society.

     In late 2016 doctors at the Eastern State Hospital in Williamsburg Virginia recommended to the court that Joseph Hagerman be granted conditional release from the institution. According to the psychiatrist, this patient, over the past few years had been given 48-hour passes that had not caused any problems. He had been, according to the hospital staff, a model patient.

     A Virginia circuit judge acting upon the psychiatric recommendation ordered that Mr. Hagerman be given two independent mental health evaluations.

     On May 9, 2017, following the testimony of two psychiatrists and Mr. Hagerman's father, the judge ordered the patient's conditional release from the mental hospital. Pursuant to this decree Mr. Hagerman was required to live at an adult foster care facility during the week. On weekends he would reside with his parents.

     Under the judge's order Mr. Hagerman would also receive periodic visits from social workers and psychiatrists who would check to make sure he was still taking his antipsychotic medication.

    At the conclusion of the sanity hearing Mr. Hagerman's sister told a local television correspondent that, "I just want to let the community know that my brother is a very loving, generous, Christian man. He had a wonderful family, and it was an unfortunate incident. [Italics mine.] Everyone needs to get educated on mental illness."

     The fact that a child died because his mentally ill father, for the third time, had stopped taking his medication was perhaps cause for concern. Compassion for the mentally ill is well and good but so is the need to protect people who cross this man's path. One doesn't need to be highly educated on the subject of mental illness to know that the behavior of a homicidal schizophrenic is extremely unpredictable. 

Monday, August 26, 2024

Parents Versus State: Control Over a Child's Healthcare

     In Ohio, doctors at Akron Children's Hospital in April 2013 diagnosed 10-year-old Sarah Hershberger with lymphoblastic lymphoma, an aggressive form of non-Hodgkin lymphoma. The Amish girl's parents, Andy and Anna Hershberger, when told that 85 percent of the patients treated for this illness survive, agreed to a two-year chemotherapy program. After the first round of the chemotherapy the tumors on Sarah's neck, chest and kidneys were diminished.

     In June 2013, after a second round of chemotherapy treatment made their daughter extremely ill, the Hershbergers decided to stop the treatment. They took this action against the advice of cancer doctors who warned them that without the chemotherapy Sarah would die.

     The hospital authorities, believing they were morally and legally bound to continue treating the girl, went to court to take away the parents' right to make medical decisions on their daughter's behalf.

     Andy and Anna Hershberger, in September 2013, took Sarah to an alternative cancer treatment center in Central America where doctors put the girl on a regimen of herbs and vitamins. When the family returned to the United States hospital scans showed no signs of the lymphoma.

     On October 13, 2013 an Ohio appellate court judge granted Maria Schimer, an attorney and licensed nurse, limited guardianship over Sarah Hershberger. The guardianship included the power to make medical decisions on her behalf over the objections of her parents.

     Shortly after the court ruling the guardian sent a taxi out to the family farm near the village of Spencer, Ohio to fetch Sarah and take her to the hospital in Akron for additional chemotherapy. When the cab arrived at the Medina County home, located 35 miles southwest of the Cleveland metropolitan area, the family was gone.

     A few weeks later, pursuant to a welfare check on Sarah Hershberger, deputy sheriffs went to the farm and found the place still unoccupied. No one in the Amish community seemed to know where the Hershbergers had gone. If members of this Amish enclave knew the family's whereabouts they weren't cooperating with the authorities. Attorneys for the Hershberger family appealed the guardianship ruling to the Ohio Supreme Court on issues related to religious freedom.

     If Sarah Hershberger's fate remained in her parents' hands and she died from cancer, Mr. and Mrs. Hershberger could face negligent homicide charges. Moreover, people who helped them avoid the authorities could be charged as accomplices to the crime. The right of religious freedom did not match the right of a child to receive life-saving healthcare. Being given vitamins and herbs as a cancer cure, while less painful than the immediate aftermath of chemotherapy, did not qualify, in the eyes of the medical profession and the law, as adequate healthcare.

     On December 6, 2013, according to media reports, the court appointed guardian decided not to force Sarah Hershberger to undergo further chemotherapy treatments. The family's whereabouts were still unknown.

     In October 2015 MRIs and blood work performed at the Cleveland Clinic revealed that Sarah Hershberger showed no signs of cancer and appeared to be in perfect health. As a result of these medical tests the family judge ended the court-ordered guardianship of the Amish girl. 
     As of this writing Sara Hershberger is still healthy and cancer-free.

Saturday, August 24, 2024

The Suspicious Deaths of Max Shacknai and Rebecca Zahau

     Rebecca Zahau was born on March 15, 1979 in the town of Falam in northwestern Burma. Her family moved to Nepal and then to Germany before coming to the United States in 2000. The family settled in Saint Joseph, Missouri.

     In 2008 Rebecca Zahau was living in Scottsdale, Arizona and married to a man named Neil Nalepa. At this time she started dating 50-year-old Jonah Shacknai, the CEO and founder of Medicis Pharmaceutical Company. The unmarried mogul with a pair of former wives lived in Scottsdale. In 2011 Jonah Shacknai moved into a historic mansion in Coronado, California that had been built in 1908 by John D. Spreckel. Mr. Spreckel had owned the nearby Hotel del Coronado as well as other southern California real estate. The 13,000 square-foot dwelling featured 27 rooms and a guest house.

     In February 2011 Rebecca Zahau divorced Neil Nalepa and moved into the San Diego County mansion with Jonah Shacknai and Max, his 6-year-old son from his second wife. The 32-year-old live-in girlfriend worked as a technician in an ophthalmologist's office.

     On July 11, 2011 Rebecca Zahau and her visiting 13-year-old sister Xena were in the Coronado mansion looking after 6-year-old Max Aaron Shacknai. That morning Rebecca called 911 to report an accident. Max, while running down an elevated hallway or balcony above the lobby-like entrance to the house had gone over the banister.  Next to his body lay the large chandelier that had hung from the ceiling not far from where the boy had fallen. Investigators with the Coronado Police Department assumed the boy had grabbed the chandelier to break his fall. He suffered spinal cord injuries and serious head trauma and slipped into a coma.

     The next day Rebecca Zahau drove Xena to the airport for her flight back to Saint Joseph, Missouri. She also picked-up Jonah Shacknai's brother Adam who had arrived on a flight from Memphis. That evening, Zahau, Adam, Jonah and a friend of Jonah's ate dinner at a McDonald's. Adam and Rebecca returned to the mansion while Jonah and Max's mother, Dina Shacknai (nee Romano), sat at their son's bedside. Later that night Jonah Shacknai called Rebecca to report that Max wasn't going to make it. They were taking the boy off life-support.

     The next day, July 13, 2011 at 6:45 in the morning Adam Shacknai called 911 and reported that he had discovered Rebecca Zahau hanging by the neck from the balcony. She was nude. Acting on instructions from the 911 dispatcher Adam cut down the body.

     Deputies from the San Diego Sheriff's Office found the dead woman lying on the back lawn of the mansion. She had been gagged with a blue, long-sleeve cotton T-shirt that was also wrapped around her neck with the sleeves tied into a double knot. Her hands were bound behind her back with a length of red rope. Her ankles were also tied together with a piece of the red cordage. On a bedroom door not far from where Adam Shacknai found Rebecca hanging, someone in cursive writing using black paint had written: "She saved him you can save her."

     Dr. Jonathan Lucas, the San Diego County Medical Examiner, performed Rebecca Zahau's autopsy. He found four hemorrhages under her scalp (but no lacerations) and evidence of tape residue on her legs. The forensic pathologist found traces of blood on her legs as well.

     On July 16, 2011 Max Shacknai died. Ten days later Dr. Lucas announced that the boy had died from brain swelling and cardiac arrest. The medical examiner determined the manner of death to be accidental. Dr. Lucas's ruling in the death was immediately questioned by a trauma physician who had treated the boy. In this doctor's opinion someone had tried to suffocate the child before throwing him off the balcony. In other words, he had been murdered.

      With news of Rebecca Zahau's bizarre death people began speculating about whether or not a murderer had staged a suicide. Some of these commentators said that no woman had ever taken off her clothes, gagged herself, bound her hands and ankles then hanged herself. Late in July, 2011 San Diego Sheriff's Office Sergeant Roy Frank said this to a reporter: "There are documentations of incidents throughout the country where people have secured their feet and hands to commit suicide. They do it to make certain they can't escape if they change their minds."

     On September 2, 2011 San Diego Sheriff Bill Gore, amid rampant speculation of foul play, announced that Rebecca Zahau's death was a suicide. Distraught over Max Shacknai's accident on her watch she had hanged herself. The sheriff's office had therefore closed the case.

     Four days after Sheriff Gore's press conference Dr. Jonathan Lucas, in response to a massive wave of skepticism regarding his manner of death ruling, issued the following statement regarding the hemorrhages under Zahau's scalp: "Because there was evidence that she went over the balcony in a non-vertical way she may have struck her head on the balcony on the way down." In addressing the blood on Zahau's legs, the forensic pathologist identified the cause as either her menstrual period, or an intrauterine device. The medical examiner offered no explanation for the presence of the tape residue on her legs.

     The next day, September 7, 2011, Dr. Maurice Godwin, a private forensic consultant from Fayetteville, North Carolina with a Ph.D in criminal psychology told a reporter that Zahau's death had all the earmarks of a "ritualistic killing" and that the suicide had been staged. In Dr. Godwin's opinion someone had dazed Zahau with a blow to the head then tossed her off the balcony.

     In the same newspaper article Dr. Lawrence Kobilnsky, a DNA expert who taught at City University of New York's John Jay College of Criminal Justice, opined that the medical examiner's suicide manner of death determination was "premature." Dr. Kobilnsky said he believed that someone had delivered a substantial blow to Zahau's head. The forensic scientist said, "The chances of bumping into the railing, going over the balcony and hitting your head four times is highly unlikely."

     Dr. Werner Spitz, a highly respected forensic pathologist, in the same piece, said he thought the San Diego medical examiner's manner of death ruling in the case made sense.

     In the summer of 2011 Rebecca Zahau's family hired a lawyer from Seattle named Anne Bremner to represent their interests in the case and to pressure the San Diego Sheriff's Office to re-open the investigation of Zahau's death. According to one of Zahau's sisters, a nurse practitioner who had spoken to her almost every day, Rebecca had no psychiatric history and had never attempted suicide. Attorney Bremner, pursuant to the family's quest to have the case re-investigated, asked the San Diego County District Attorney and the state Attorney General to get involved. The district attorney's office and the attorney general declined.

     On November 15, 2011 Dr. Cyril Wecht, the well-known forensic pathologist from Pittsburgh, Pennsylvania, appeared on the "Dr. Phil" television show to voice his professional opinion regarding the cause and manner of Rebecca Zahau's strange and sudden death. Dr. Wecht, at the behest of attorney Anne Bremner, had performed a second autopsy of the victim's exhumed body. While he found Dr. Lucas' initial autopsy thorough, Dr. Wecht questioned the medical examiner's suicide manner of death determination. Wecht said the four hemorrhages beneath the scalp could not have been caused by hanging. "You have to have blunt force trauma for that," he said. "You have something of a rounded, smooth surface that impacts against the scalp, this not producing a laceration." According to Dr. Wecht, Rebecca Zahau could have been knocked unconscious which would explain why her body did not have any defense wounds from a struggle. The former coroner of Allegheny County agreed that the woman had died from hanging, but believed her manner of death should be changed from "suicidal" to "undetermined."

     Dina Shacknai, Max Shacknai's mother, in order to acquire the boy's autopsy photographs filed a suit against the San Diego Medical Examiner's Office on April 12, 2012. Dina and her supporters were looking for proof that someone had murdered the 6-year-old boy. They did not believe the wounds on his head had been caused by the fall. (It's not clear if they suspected Rebecca or her sister Xena or what motive they assigned to the homicide.)

     On July 16, 2012, the one-year anniversary of Max Shacknai's death, Dina Shacknai and her attorney Angela Hallier held a press conference in Phoenix. According to the lawyer the family possessed information from "privately retained experts" that proved the 6-year-old had been murdered at the Coronado mansion.

     On August 6, 2012 a spokesperson for the Coronado Police Department confirmed they had met with Dina Shacknai and her attorney regarding Max Shacknai's death. Police investigators agreed to read the report containing the opinions of forensic scientists who believed the boy could have been murdered. One of those experts, Dr. Judy Melinek, a forensic pathologist with the San Francisco Medical Examiner's Office, reportedly believed that Max was too small to have gone over the balcony railing. Moreover, she believed his head injuries were not consistent with a fall.

     So, what happened to Max Shacknai and Rebecca Zahau? Within a period of two days they both went over different balconies in the same house. What were the odds of that? If Rebecca had killed herself over the boy's fall why did she do it in such a bizarre and suspicious way? And what was the meaning of the message painted on the bedroom door? And who wrote it?

     Assuming that Max had been thrown off the balcony to his eventual death, who did it, and why? If Rebecca had been murdered was it in revenge for the boy's homicide? And finally, will these questions ever be answered?

     On September 10, 2012, a spokesperson for the Coronado police announced there would be no reinvestigation of 6-year-old Max Shacknai's death. 
     In July 2013 Rebecca Zahau's family, believing that her death was the result of criminal wrongdoing, filed a $10 million wrongful death lawsuit against Adam Schackai. The plaintiffs alleged that the defendant battered Rebecca then hanged her from the mansion's balcony.

     On March 11, 2016, following a flurry of defense motions in response to the plaintiffs' suit, a San Diego Superior Court judge ruled there was sufficient evidence for the case to proceed to trial. 
     In January 2019 the jury in the wrongful death case found Adam Schackai responsible for Rebecca Zahau's death. The jury awarded the plaintiffs $5 million in damages.

Thursday, August 22, 2024

Lara Prychodko's Mysterious Death

     In the decade prior to 2015, 46-year-old Lara Prychodko lived the life of a wealthy, New York City socialite. Her husband, David Christopher Schlacet, was co-founder of a New York City construction company called Taocon, Inc. The couple owned a condominium in Toronto, two homes in the Hamptons and a pair of apartments in New York City. But by 2016 there was a problem: Lara Prychodko's drug and alcohol problem had caught up with her. In 2012 she was convicted of driving while intoxicated and in 2015 lost custody of her ten-year-old son, Talin. As part of the custody settlement with her estranged husband the domestic court judge ordered Prychodko to undergo regular drug and alcohol testing which she regularly failed.

     In 2016 Lara and her husband separated and began the process of going though a divorce. That year, Mr. Schlacet's construction company Taocon, Inc. filed for bankruptcy. The firm owned creditors $3.4 million and had assets of $550,000.

     Lara Prychodko resided in a luxury apartment in Union Square, Manhattan called Zeckendore Towers.  By 2018 she and Mr. Schlacet were trying to work out how to divide the marital property.

    At 4:10 in the afternoon of July 18, 2018 one of Lara Prychodko's neighbors on the 27th floor of Zeckendore Towers heard a noise coming from the hallway. When the neighbor stepped out of her apartment to investigate, she saw a purse sitting on the carpet near the door to the trash compactor chute. (The handbag was later identified as Lara's.)

     A Zeckendore Towers maintenance employee, at 4:40 that afternoon, came upon the topless body of a woman inside the basement trash compactor. Responding New York City police officers pronounced the woman, identified as Lara Prychodko, dead at the scene.

     As part of the sudden, unexplained death investigation, detectives viewed a Zeckendore hallway surveillance video that showed, about the time the 27th floor neighbor heard the noise near the trash compactor door, Lara Prychodko stumbling about the hallway in what appeared to be a state of intoxication. Based on the dead woman's history with drugs and alcohol, and what appeared on the surveillance video, detectives wound up the investigation by concluding she had died as the result of a "drunken accident."

     On September 18, 2018 New York City Medical Examiner Barbara Sampson ruled Lara Prychodko's death from the 27-floor plunge into the trash compactor, "Undetermined." In her report the medical examiner wrote: "The circumstances around this death are unclear; however, there is no suspicion of foul play."

     Following the New York City Medical Examiner's cause and manner of death rulings the Manhattan District Attorney's Office closed the case.

     Lara Prychodko's father, Nicholas Prychodko, who believed his daughter might have been murdered, asked the famed forensic pathologist Dr. Michael Baden to review the official autopsy inquiry into the death. Dr. Baden agreed to take the case at no charge.

    After studying the autopsy report, X-rays, laboratory results and death scene photographs, Dr. Baden, in a July 15, 2019 letter to Mr. Prychodko wrote: "Lara Prychodko may have died because of homicidal ligature strangulation and placed in the garbage chute." Dr. Baden considered the fact the victim's blouse was off as possible evidence of violence. He also found on Prychodko's body what he considered physical signs of a struggle.

     In February 2020 Dr. Baden expressed his views on Lara Prychodko's death to an interviewer on Fox News

     The Manhattan District Attorney's Office and the investigating officers with the New York City Police Department continued to maintain no foul play in Lara Prychodko's death. The case remained closed.

     Nicholas Prychodko at a press conference said, "I no longer accept the validity of their [the New York City Medical Examiner's Office] autopsy report and its conclusions." Mr. Prychodko announced that he had hired a private investigator to look into the case.
     In July 2023 Lara's father, Nicholas Prychodko filed a wrongful death suit against Christopher Schlachet alleging that he, for financial gain, hired an un-named hit man to kill his estranged wife. The plaintiff alleged further that Mr. Schlachet had installed software on his wife's computer to track her whereabouts. 
     As of August 2024 the civil case had not come to trial and the case had not been re-opened as a criminal investigation. 

Tuesday, August 20, 2024

The Bill Cosby Sexual Assault Saga

     Bill Cosby, married to his wife Camille for more than 50 years, was one of the most recognizable comedians in the world. A graduate of Temple University in Philadelphia where he starred in track, the 77-year-old, in 2014, still resided in eastern Pennsylvania. When the former TV star began criticizing certain aspects of black culture he became a somewhat controversial figure. While many considered him a courageous speaker of the truth, liberals and some members of the black community considered him a traitor to his race.

     In November 2014 Mr. Cosby's good name and wholesome image came under public attack in connection with allegations of past behavior that violently clashed with his longstanding public persona. On November 16, 2014 64-year-old Joan Tarshis told a CNN interviewer that Cosby, in 1969 when she was nineteen, knocked her out with a drugged drink and raped her.

     Tarshis said she met Bill Cosby in 1969 over lunch in Los Angeles. She accompanied him back to his bungalow on the set of "The Bill Cosby Show" to work on some comedy routines. After she drank a Bloody Mary he had mixed for her she passed out. She awoke to find him removing her underwear. In an effort to avoid being sexually assaulted she told him she had an infection that he'd pass on to his wife. Instead of raping her Mr. Cosby allegedly forced her to give him oral sex. She did not tell anyone, not even her mother, about what had happened.

     Cosby later called Tarshis at her home in New York to invite her to watch him perform at The Theater at Westbury. She accepted drinks at Cosby's hotel and in his limousine before the performance. While at the theater she began to feel drugged. She asked the chauffeur to take her home. She passed out in limo. The next morning she woke up naked in a hotel bed next to Cosby.

     Out of "guilt and shame," Joan Tarshis did not reveal that Cosby had sexually assaulted her for the second time. She didn't think that anyone would take her word over a man revered as America's dad.

     On Saturday November 16, 2014 Scott Simon, in an interview on NPR, repeatedly asked Cosby if the rape allegations were true. Each time Cosby simply shook his head no.

     The Cosby rape allegation scandal intensified the next day when a reporter with Village Voice wrote about a comedy routine on a 1969 Cosby album involving "Spanish Fly," a drug that supposedly made women beg for sex. As part of the comedy bit Bill Cosby joked that when he visited Spain he tried to acquire the drug.

     Janice Dickinson, the 59-year-old former supermodel sat for an interview conducted by "Entertainment Tonight" co-host Kevin Frazier that aired on November 18, 2014. According to Dickinson, Bill Cosby had sexually assaulted her in 1982 after they had dinner in Lake Tahoe. He had invited her there to open a show for him. After dinner at his hotel he gave her a pill and a glass of red wine. She passed out. "The last thing I remember," she said, "was Bill Cosby in a patchwork robe, dropping his robe and getting on top of me."

     Dickinson told the "Entertainment Tonight" interviewer that she wanted to expose Cosby in her 2002 memoir, No Lifeguard on Duty: The Accidental Life of the World's First Supermodel. The publisher, however, got cold feet when Cosby and his lawyers threatened a lawsuit.

     Cosby's lawyer, Martin Singer, in a letter to the Associated Press, claimed that Dickinson's allegations were "false and outlandish." According to the lawyer she contradicted her story in her memoir where she described stopping at Cosby's hotel room door after they had dinner. When she declined to enter the room he said, "After all I've done for you, this is what I get."

     On November 19, 2014 a detailed and damaging article about Bill Cosby and another alleged rape victim, 41-year-old Andrea Constland, came out in the Internet publication, "Mailonline." In November 2002 the 29-year-old former Temple University basketball star met Bill Cosby. She became a regular dinner party guest at his home and considered him a mentor.

     Constland, while visiting Cosby at his home in January 2004 told him she had been stressed at work. To help her relax Mr. Cosby allegedly gave her what he called a "herbal medication." Shortly after consuming the three blue pills she became dizzy and her knees began to shake. A little later she was unable to move her arms and legs. At that point Cosby gave Constand another drug. He led her to the sofa where she passed out. When she awoke her outer clothes and her underwear were in disarray.

     Constand waited a year before reporting that Bill Cosby had raped her. She had returned to Canada, her native country. It was there she reported the assault.

     Bruce Castor, the then district attorney of Montgomery County, Pennsylvania, the site of the alleged rape, was informed by the Canadian authorities of Constand's allegations. He launched an investigation. In the "Mailonline" article the former prosecutor lamented the fact he didn't have enough evidence to file charges against Bill Cosby. "I wanted to arrest Cosby,"  he said, "because I thought he was probably guilty." But being able to prove a crime beyond a reasonable doubt and thinking that a suspect is guilty are two different things."

     Mr. Castor, in the "Mailonline" piece, pointed out that Constand's one-year delay in reporting the crime hurt the case. "We couldn't test for hairs, fibers, DNA and drugs that might have linked the victim to Cosby or his house."

     In March 2005 Andrea Constand sued Bill Cosby for causing her "serious and deliberating injuries, mental anguish, humiliation, embarrassment, post-traumatic stress disorder, depression, sleeplessness, anxiety and flashbacks." The plaintiff asked for $150,000 in damages. Her attorney had rounded up thirteen other women who supported her claim that Bill Cosby was a rapist.

     In 2006 Bill Cosby settled the Constand civil suit out of court. Given the damaging publicity the trial would have brought him, and the relatively small amount asked for by the plaintiff, this was not surprising. Some took this as a sign of his guilt while others simply considered it a good business decision on his part.

     Shortly after the "Mailonline" article came out executives at Netflix postponed Cosby's comedy special that was scheduled to air on November 28, 2014. NBC followed suit by scrapping a Bill Cosby project that was in development. TV Land cable network stopped airing reruns of "The Bill Cosby Show."

     On Friday night, November 21, 2014 Bill Cosby appeared at the Maxwell C. King Center For The Performing Arts at Eastern Florida State College in the central Florida town of Melbourne. Following his 90-minute set he received a standing ovation from an adoring audience. One of the male attendees to the show, in speaking to a reporter with the Los Angeles Times, said, "If he raped all these woman why did they not say something before?"

     The University of Massachusetts Amherst, where Cosby earned his master's and doctorate in education in the 1970s, cut ties with the comedian on November 28, 2014. According to a university spokesperson "Bill Cosby has agreed to resign as an honorary co-chair of UMass Amherst's Capital Campaign. He no longer has any affiliation with the campaign nor does he serve in any other capacity at the university."
     In late 2014 the unsealed records of the Constand civil suit revealed that Cosby, in a deposition, admitted using the sedative methaqualone in connection with having sex with several young women. He also acknowledged knowing that using the drug in this way was illegal. Cosby incriminated himself this way because he was told by the district attorney this information would not be used to prosecute him.
     In December 2015, the new district attorney of Montgomery County, believing that he was not bound by the former district attorney's promise to Cosby, charged him with the aggravated indecent sexual assault of Andrea Constand. 
     The Cosby/Constand criminal trial in June 2017 ended in a mistrial.   

    On September 25, 2018 following his second trial, Cosby was convicted of the 2004 aggravated sexual assault of Andrea Constland. The judge sentenced him to three to ten years in prison. Following the sentencing hearing he was led out of court in handcuffs. 
      Bill Cosby would serve his time as prisoner number NN7687 in a single cell at Montgomery County's State Correction at Phoenix 20 miles from his former home.
     In May 2021 the Pennsylvania Parole Board denied Cosby's request for early release on grounds he had refused to participate in the prison's sex offender programs.
     On June 30, 2021 the Pennsylvania Supreme Court, on a procedural issue of due process, vacated Bill Cosby's sexual assault conviction. According to the state's highest court, Mr. Cosby had not received a fair trial because the second district attorney had violated the terms of the former prosecutor's agreement regarding the use of Cosby's incriminating civil trial testimony. (In effect he had been induced to incriminate himself under false pretenses.) Moreover, pursuant to the 5-4 decision, Mr. Cosby could not be retried on the same charges. The 83-year-old walked out of prison a free man. 
     Unsurprisingly, Cosby's release from prison was not popular with many people, including friends, relatives and supporters of the 60 women who accused him of sexual abuse.

Sunday, August 18, 2024

The High School Chem Lab Bombing Case

     On Monday, April 29, 2013 a 16-year-old girl in a high school chemistry class in the central Florida town of Bartow mixed a couple of household products in an eight-ounce plastic bottle. When Kiera Wilmot, a student with good grades and no history of trouble-making, shook the mix a mild explosion blew off the bottle cap. (She might have placed cough drops or Tylenol pills into a bottle of soda.) The result of the experiment startled the student more than anyone.

     No one was hurt, the tiny explosion caused no property damage and the student had not intended anything malicious. (In the past when mischievous kids got too old to put tacks on teachers' desk chairs a few of them dropped cherry-bombs into school toilets. Getting caught blowing up a public commode usually resulted in a paddling and a brief expulsion. Unless the student was a known juvenile delinquent the matter was handled in-house. Police and prosecutors did not get involved.)

     The administrators at Bartow High School following Wilmot's harmless chemistry experiment called in the authorities. Notwithstanding the student's background, lack of criminal intent and the absence of physical harm or property damage a local prosecutor charged the student with possession and discharge of a weapon on school property and discharging a destructive device. Having been charged with these felonies school administrators had no choice but to expel the suspected bomber. If convicted of these crimes Kiera Wilmot would have to finish her high school years in an expulsion program.

     Kathleen Nolan, author of Police in the Hallways, told an education reporter that the Wilmot case "...is an example of the absurdity of zero tolerance and the over-use of police intervention in schools....This young woman, all because of misguided curiosity, now faces expulsion and felony charges which could negatively impact her future opportunities and alter the course of her life."

     When looking for the source of such insanity you usually don't have to look beyond the U. S. Congress. In 1994 Congress passed a law that forced states that received federal education funds to enact legislation that required mandatory one-year expulsions for students who brought firearms to school. As one can be expect school officials and criminal justice practitioners took this law and went to hell with the joke.

     The beauty of a zero-tolerance enforcement policy is that it exempts bureaucrats from having to think. It also protects them from making decisions and taking responsibility for those decisions. It's a policy for people without the guts to lead.

     Although Kiera Wilmot didn't bring a firearm or a bomb to school, Bartow High administrators notified law enforcement authorities. Once the knucklehead prosecutor decided to treat the student as a terrorist the school had to kick her out. With Wilmot expelled from school the mindless school administrators and the crusading prosecutor could tell themselves that Bartow High was now a safer place.

     When comparing the Wilmot story to the tale of government incompetence, inaction and political correctness that led to the Boston Marathon Bombings, it's hard not to conclude that the people in charge of protecting our country possess weird priorities and have no sense of proportion.

     Following Wilmot's ten-day suspension and thousands of dollars in legal costs the prosecutor dropped the criminal charges against the student. In June 2014 the chemistry lab bomber graduated from high school, and no thanks to the local prosecutor looked forward to attending college.

Friday, August 16, 2024

The Kevin Harris Bomb Case

     Kevin Harris lived by himself in a modest one-story house in a quiet residential neighborhood in the southern California city of Costa Mesa. The 52-year-old, by covering his home in aluminum foil, attaching copies of his anti-government newsletters to a front yard tree and videotaping his neighbors revealed that he was strange and probably mentally ill. He had also established himself as an anti-social loner with his Internet writings that included the statement: "I am the only one who can get into my house. I think it may be dangerous for you to come to my house alone."

     In America we have more than our share of oddballs. Most of these people, usually men, are harmless eccentrics. Some of them, however, are psychotic, paranoid and dangerous. Ted Kaczynski, the Unabomber, fell into this category. Unfortunately there's no sure-fire way to distinguish the Ted Kaczynski types from the common garden variety conspiracy kooks. When the distinction becomes clear it's usually too late.

     Mr. Harris, in a 17,000-word Internet-published manifesto called, "The Picker: A True Story of Assassination, Terrorism, and High Treason," described the nefarious and clandestine activities of government agents. The author of this rambling manifesto had obviously convinced himself that secret government operatives were using a weapon called a "picker," a device that deposited germs on a victim's skin on contact. Government agents armed with these secret devices were infecting dissenters with illnesses like cancer and AIDS. According to Harris government agents also used the deadly tool to cause various enemies of the state to die in freak accidents.

     The Costa Mesa conspiracy theorizer, in his manifesto, said: "I have had personal experience with both domestic and foreign operatives using pickers within the U. S. at the request of the U. S. Government. The rationale stated here should give you a reasonable indication that pickers are used in this country, but it is not absolute proof. The diseases of the ex-spouses, which I will describe, provide a proof so strong that some of these attacks will have to stop....

     "Many years ago I met a woman who had just divorced a government agent. She had also just had a radical mastectomy. She was afraid of her ex-husband, afraid for her life. That a woman should have to live (and die) in fear of this 'public servant' struck me as very wrong. Since then I have met a couple of other women who have broken off marriages with government agents. In each case the woman was diagnosed with cancer within a year of breaking up...

     "These women didn't get cancer because divorce and mortal fear are stressful. Emotional stress as a factor in carcinogenesis can account for a few percentage points at most. That is too small an influence to be reliably detectable. This is a cancer rate that is thousands of percent too high. Among other things, several attempts on my own life have confirmed to me that these cancers are intentional assaults..."

     At six-fifteen in the evening of Sunday, April 14, 2013 several of Kevin Harris' neighbors called 911 to report  that he was sprawled out on his front lawn. After the ambulance rolled up to the aluminum-wrapped house, Mr. Harris refused treatment. The paramedics drove off and Mr. Harris disappeared inside his strange looking dwelling.

     Ninety minutes following the medical emergency neighbors called 911 again to report a powerful explosion at the Harris house. Police arrived to find the front entrance to Harris' dwelling shattered from an explosion. The resident of the home lay dead in the doorway. Near his corpse Costa Mesa police officers saw an unexploded pipe bomb.

     Dozens of homes in the neighborhood were evacuated as FBI agents, the Orange County Bomb Squad and a Huntington Beach hazardous materials team searched the Harris dwelling for additional bombs and explosive substances. They found three more pipe bombs on the premises.

     Because Kevin Harris was alone in the house when one of his pipe bombs detonated the authorities had no way of knowing if he had killed himself intentionally or had accidentally triggered one of his explosive devices. Perhaps he had mistakenly set-off a booby-trap of his own making.

     One of Mr. Harris' brothers told a reporter that Kevin was the youngest of five boys. Although all of his siblings were highly educated professionals Kevin was the smartest one in the family. (His manifesto suggested that Kevin had been well-educated as well, possibly in the hard sciences.)

     The day after the Costa Mesa house explosion, terrorists detonated two bombs at the Boston Marathon. 

Thursday, August 15, 2024

NFL Players, Their Crimes, The Media and The Law

    The number of people killed by intoxicated drivers has been on the decline for a decade. Since the FBI doesn't keep track of this kind of killing specifically, no one knows how many drunk drivers are convicted of homicide. 

     Under state law an intoxicated driver who causes a fatal traffic accident is guilty of an unintentional criminal homicide called, depending on the jurisdiction, involuntary manslaughter, vehicular homicide or vehicular manslaughter. Defendants convicted of this lesser degree of homicide usually receive sentences that range from five to fifteen years in prison. The severity of punishment in these cases depends upon the driver's DUI history, the degree of intoxication and the recklessness of the driving. Over the years, however, judges have become increasingly less lenient in vehicular homicide convictions.

     Every year police in the United States make about 1.5 million DUI arrests, and unless they pull over someone famous these events are not newsworthy. The same is true for the vast majority of vehicular homicide cases which do not receive much media notice. However, when a drunk driving fatality involves several children, an entire family or a car full of teenagers the media pays more attention. But these cases are still treated as local or regional news stories.

     In the early morning hours of December 8, 2012 near the southern California town of Victorville, a man named Ilich Ernesto Vargas, while driving the wrong way on I-15 crashed head-on into another vehicle. The 28-year-old driver of the other car, David Ahmed of Fort Irwin, received minor injuries. But the accident took the life of Vargas' passenger, 50-year-old Kellie Sue Hughes. The California Highway Patrol officer who took the drug-crazed Vargas into custody at the scene had to employ his taser. Vargas had broken a leg in the crash.

     This fatal traffic accident on I-15 generated two paragraphs in the Los Angeles Times and a mention the next day on local television news. There was no follow-up by the Los Angeles media.

     On the morning Ilich Vargas crashed his car and killed his passenger in southern California, Josh Brent flipped his Mercedes and killed his passenger in Dallas, Texas. While the police in both fatal traffic accidents suspected that the drivers were intoxicated, and therefore potential vehicular homicide defendants, the crash in Dallas attracted national media attention. The Dallas case was big news because the driver, Josh Brent, played football for the Dallas Cowboys. The fact that his 25-year-old passenger, Jerry Brown, was a teammate made the story even more media significant, particularly in the wake of the recent murder-suicide involving Jovan Belcher, an NFL player for the Kansas City Chiefs.

     As a potential vehicular homicide case there was nothing in the Josh Brent accident that set it apart from all the other fatalities beyond the identities of the driver and his dead passenger. From the standpoint of the victims' families in these cases all of these accidents were tragic. And to varying degrees, these fatalities ruined the lives of the intoxicated drivers. But this wasn't enough by itself to make these cases newsworthy. In the Josh Brent case the added ingredient was sports. It was mainly a sports story.

     It should come as no surprise that in a country where a single NFL football game generates three times more media attention than the typical crime, weather, political, war or business related story that Josh Brent's status as a professional football player made his case so important. Print journalists and cable TV correspondents, as well as sports broadcasters and pundits babbled on and on about the effect of the tragedy on the other players, and of course the team. 

     Correspondents and reporters in the news and sports media used the Josh Brent case and the Jovan Belcher murder-suicide as a jumping off point for discussions on the possible effects of head trauma in the NFL. Had the sport of football become too violent? Was football responsible for player depression, off-the-field domestic violence, drug and alcohol abuse, suicide and murder? 

     In American culture professional athletes are special people and as such are treated differently than ordinary citizens. Their problems are our problems, indeed, our responsibility. Prior to the intense media coverage of their tragedies most people never heard of Josh Brent, Jerry Brown or Jovan Belcher. Had these men not been professional football players most people still wouldn't know their names.

     While we are in theory all equal under the law, we are not equal under the glare of the media. This may not have been a good thing for Josh Brent. The magistrate set his bail at $500,000.

     In January 2014 a jury found Josh Brent guilty of manslaughter. The judge sentenced him to 180 days in jail and ten years of probation. The fact he played professional football probably explains the light sentence.

Monday, August 12, 2024

The Professor Kirk Nesset Child Pornography Case

     Dr. Kirk Nesset taught contemporary literature at Allegheny College, a small liberal arts school located in Meadville, a western Pennsylvania town about 90 miles north of Pittsburgh. In 2007 the then 49-year-old professor won the Heinz Literature Prize awarded by the University of Pennsylvania for his short story collection Paradise Road. In addition to literary prestige the award came with a $15,000 cash prize.

     In August 2014, in Arizona where Professor Nesset had a second home in Prescott, a sex offense investigator working undercover traced two child pornographic movies to Nesset's computer billing address in Meadville. The films depicted two 8-year-old girls having sex with men. A month after this discovery a detective with the Pennsylvania State Police found another pornographic film Nesset had purchased online. This movie featured a naked girl who was about six.

     In September 2014 FBI agents and officers with the Pennsylvania State Police, pursuant to a search warrant, took Professor Nesset's hard-drive from his home in Meadville. Over the next several days forensic computer experts found, on his computer, 540,000 images of children. While not all of the images were pornographic, at least 36,000 of them featured erotica or photographs depicting female child sexual molestation. One of the professor's computer files contained more than 1,000 images and movies depicting babies. In one film a man had sex with an infant during a diaper change.

     Professor Nesset's computer revealed that he had been collecting child pornography since November 2005. 

     A federal prosecutor in Erie, Pennsylvania on October 1, 2014 charged Kirk Nesset with possessing, receiving and distributing child pornography. FBI agents and officers with the state police booked him into the Crawford County Jail on the federal charges.

     At Nesset's arraignment the federal magistrate released him on a $10,000 unsecured bond. As a condition of his release the suspect was required to wear an electronic monitoring device. Shortly after posting his bail the 57-year-old resigned from Allegheny College. Classes at the school were cancelled for a day during which time students could seek counseling.

     When questioned by FBI agents Mr. Nesset said his massive child pornography collection allowed him to "release steam." He also explained that looking at child pornography gave him "solace." He said his sexual viewing preference involved girls 10 to 13-years-old.

     Professor Joe Tompkins, Assistant Professor of Communication Arts at Allegheny College, in an October 4, 2014 opinion piece in The Campus, the school newspaper, wrote the following regarding what he considered the school's over-reaction to the Nesset case: "We should ask ourselves, are there "sexual predators" simply outside the realm of civilized behavior, or are they actually over-conforming to the cultural norms--norms that result in all too frequent incidents of not only child porn, but related instances of pornographic media, male violence and sexual assault against women?  Indeed, we're fooling ourselves to think these are completely unrelated matters…." 

     An Allegheny student, in response to Professor Tompkins' article, wrote: "I completely agree that pornography is a more overt extension of the way women are implicitly abused by our androcentric culture, and I agree that culture is largely to blame. I agree that largely, Kirk Nesset is being dehumanized as a fluke in our community, instead of a product of the culture…."

     This academic drivel from an ivory tower egghead and a liberal arts student; that it's society's fault that a 57-year-old man gained "solace" from watching men have sex with infants, reflects what American higher education had devolved to.

     Enjoying child pornography is criminally deviant behavior, and purchasing it is not a victimless crime. Children were being horribly abused because of people with Mr. Kirk Nesset's sexual appetite.

     On April 6, 2015, at the U.S. District Courthouse in Erie, Pennsylvania, the former college professor pleaded guilty to one count each of possessing, receiving and distributing child pornography. At his sentencing hearing scheduled for August 10, 2015 he faced five to forty years in prison. Because he cooperated with the authorities and pleaded guilty his attorney hoped the judge would hand down a light sentence.

     In July 2015, federal judge David Cercone postponed Nesset's sentencing to October 5, 2015 in order that his supporters could attend the hearing. (Only in academia would a person like Kirk Nesset have supporters.) Following a second sentencing postponement, the judge, on February 8, 2016 sent the former professor to prison for six years and four months.

     In December 2016, eight of the children depicted in Nesset's internet porn collection filed suit against the former professor in federal court. The plaintiffs, identified by pseudonyms, sought $150,000 apiece plus compensatory and punitive damages.

     In October 2018 the former creative writing teacher settled the lawsuits against him. The terms of the settlements were not disclosed. Kirk Nesset served his time at the Federal Correctional Institution at Lompoc, California located near Santa Barbara.

Sunday, August 11, 2024

A Police Chief's Criminal History

     John L. Marra began his law enforcement career on July 11, 2005 when the 29-year-old became a part-time reserve police officer in Uniontown, Ohio, a Stark County village of 2,800 in the northeastern part of the state. A little over two years after being on the job he entered into an intimate relationship with a 16-year-old girl. He sent her inappropriate text messages and while on duty kissed and fondled her at her place of employment, a Subway restaurant.

     In May 2008 the 32-year-old police officer pleaded no contest to dereliction of duty, a second-degree misdemeanor. The Stark County judge sentenced Marra to two years probation and 100 hours of community service. The judge also ordered him not to have further contact with the girl or members of her family. As part of the plea deal officer Marra agreed to resign from the Uniontown Police Department.

     In 2010, shortly after his period of probation expired, John Marra joined the police department in Brady Lake, Ohio, a small Portage County town in the Akron metropolitan area. In December 2013, following the retirement of the chief of police, the major named him acting head of the agency. On March 17, 2014 the village council approved Marra's appointment as the chief of the Brady Lake Police Department.

     Marra's promotion, given his history with the Uniontown Police Department, raised more than a few eyebrows. In April 2014 members of the local print and television media asked Mayor Hal Lehman if someone, in anticipation of Marra's appointment, had conducted a background investigation. The mayor replied that such an inquiry had been made and said, "We are done with the issue." Another reporter asked the mayor if he would provide the media with a copy of the investigative report. Mayor Lehman said he did not have a copy of that document.

     Mayor Lehman, when asked specifically about the new police chief's dereliction of duty conviction five years earlier, had nothing to say other than the matter was settled.

     Chief Marra, aware that his 2008 conviction might prove troublesome to the advancement of his law enforcement career, petitioned the court to seal the records of the case. If granted his request this information would be no longer available to the public.

     The Stark County prosecutor's office opposed the Marra petition. Recognizing that offenses less serious than a first-degree misdemeanor can be removed from public scrutiny, the prosecutor trying to preserve Marra's conviction history argued that this particular case was an exception because of Marra's intimate involvement with a 16-year-old girl. Had Marra not agreed to plead in the case he could have been convicted of a more serious offense. Moreover, as a public official, the chief of police should be held to a higher standard of conduct than an ordinary citizen. Chief Marra had violated that standard.

     On May 1, 2014, following a brief hearing on Marra's petition, Stark County Judge John Poulos approved of the sealing of all documents pertaining to the 2008 dereliction of duty conviction in Uniontown, Ohio. Judge Poulos based his decision on the fact the petitioner had been convicted of a second-degree misdemeanor that under Ohio law allowed the sealing of these crime records. The judge obviously didn't buy the argument that public officials should be held to a higher standard than the rest of us. 

     We give law enforcement officers enormous power over our lives. In return they owe us honesty, trustworthiness, good character and sound judgment. Officer John Marra, with regard to the girl, exhibited an alarming lack of good judgment as well as a troubling and perhaps pathological flaw in his character.

     The citizens of Brady Lake who paid the chief's salary, and were subject to his power and authority, had a right to know such things as the degree to which Marra had coerced or stalked the girl. It may also have been important to know how this case came to light and how the officer initially reacted to the accusation.

     In May 2017 residents of Brady Lake voted to disband the town of 500. The fire department and EMS services had closed years earlier. Notwithstanding the closure of the village, Chief of Police Marra and his crew of five part-time officers and 25 volunteer officers continued to stop drivers and issue speeding tickets. Attorney Gregory Wysin told reporters that under Ohio's constitution these officers did not have a right to detain and ticket motorists. The attorney said the police department's ticket issuing spree constituted a last minute money grab. Chief of Police Marra claimed that his department was acting lawfully according to the Ohio Attorney General's Office.
     In 2022 John Marra became chief of police of Salineville, Ohio, a village in Columbiana County.

Saturday, August 10, 2024

Secret Service Scandals

     There have been foul-ups and crimes involving agents with the FBI, ATF, ICE, DEA and Border Patrol. Federal agents have shot each other, murdered civilians, blown cases, engineered cover-ups, stolen government money and property, taken bribes, invaded privacy, committed perjury and behaved in conduct unbefitting law enforcement officers. 

The Secret Service

          There was a Secret Service embarrassment in November 2009 when a couple of reality show types, Tareq Salahi and his wife Michaele crashed a state dinner in the White House. Three Secret Service Agents were disciplined and the White House social secretary, Desiree Rogers, lost her job. In August 2011 a Secret Service agent doing advance work in anticipation of Obama's midwestern bus tour got arrested for drunk driving in Iowa. In the scheme of things these were small embarrassments.

Secret Service Agents and their Columbian Prostitutes

     President Obama's plan to discuss trade policies at the Sixth Summit of the Americas held on April 15, 2012 in Cartagena, Columbia did not include the oldest trade of them all, prostitution. (In Columbia it's legal.) Roughly 7,600 police officers and thousands of military personnel were on hand to provide security for the 30 or more heads of state coming to the city. (Think of the money saved if these politicians talked by phone and didn't have to look important to voters back home.) Security measures included keeping homeless people and prostitutes out of certain parts of the coastal city.

     President Obama's advanced civilian security detail consisted of 20 or so uniformed and plain-clothed Secret Service agents. Several of the agents were members of the elite, impressively titled, Counter Terror Assault Team (CAT). These CAT agents, known for their heavy drinking and love of partying are separate and somewhat estranged from the more disciplined president's protective detail. The uniformed and CAT agents, along with members of the White House staff and press corps correspondents were staying at the beachfront Hotel Caribe. (The correspondents, instead of filing boring stories about the summit were treated to a juicy law enforcement scandal.)

     On Friday the 13th, CAT and uniformed Secret Service agents, as part of their Friday night partying at a Cartagena brothel called the Pley Club, invited at least 20 prostitutes to their rooms. Under Hotel Caribe rules visitors to a guest's room must leave before seven the next morning. People who visit hotel guests have to register at the front desk. At seven in the morning on Saturday a hotel employee noticed that one of the guests had not signed out of the hotel. When the manager went to the room to investigate he was denied entry. The manager called the police which led to the discovery that the guest in question was a prostitute. The prostitute said she was not leaving the hotel until the agent paid for her services. The agent said he didn't know she was a working girl. The Cartagena police called the American Embassy and that's when the pie hit the fan. If the Secret Service agent had paid his $47 bill the scandal would have been avoided. 

     The initial inquiry into this international embarrassment revealed that at least 20 Secret Service Agents were involved in the scandal, including two supervisors. Also in hot water were at least ten military personnel assigned to the security detail. These military service members were explosive experts and dog handlers from the Navy and the Army. Eleven of the Secret Service agents were immediately sent back to the states and the military people were confined to their quarters. The disgraced agents were gone when Obama and his people rolled into town Saturday evening. The Pentagon and the State Department launched investigations.

     New York Congressman Peter King, the chairman of the House Homeland Security Committee, said he didn't think any crimes had been committed by the Secret Service agents. However, Mr. King did consider the alleged behavior a "dereliction of duty." 

     Ronald Kessler, a former reporter with the Washington Post who wrote a book about the Secret Service that details how cutbacks and corner-cutting had seriously attenuated the agency's effectiveness, called the affair the biggest scandal in Secret Service history. Kessler believed the offending agents should lose their top secret security clearances. (Agents involved in the scandal had President Obama's schedule in their rooms.) Without security clearances these men could not remain with the agency. Kessler also believed that Secret Service Director Mark Sullivan should step down. He did not.

Friday, August 9, 2024

Two Stalkers, Different Outcomes

The Tire Slasher

     In January 2010, Jessica (not the victim's real name) broke up with Dieter Heinz Werner, her 68-year-old boyfriend. Shortly after that someone slashed her tires in the parking lot of a Houston, Texas movie complex. A month later Jessica found a GPS tracking device attached to the undercarriage of her car. Because Mr. Werner had been bothering her with text messages and phone calls she suspected him of slashing her tires and using the GPS device to keep track of her whereabouts.

     That spring the ex-boyfriend continued his harassment by sending Jessica hundreds of text messages. On April 3, 2010 he sent her a text which read: "Should have answered the phone and not ignored me again. Pissed me off. Now I'll show you." That day, after following her to a grocery store, Werner texted: "Pissed me off when I saw you at Krogers and you turned your head. I would never treat you like that."

     On April 15, 2010 a witness at the movie complex parking lot where Jessica's tires had been slashed saw an elderly white man slashing a car's tires with a pocketknife. The witness jotted down the license number to the vandal's Mercedes convertible. The vehicle was registered to Dieter Heinz Werner. A couple of weeks later a Harris County prosecutor charged Mr. Werner with stalking, a third degree felony. Werner was held without bond for a few days until a judge issued a protection order against the accused stalker. After being served with the restraining order Werner paid his $75,000 bond and was released.

     In late 2011 Dieter Werner was found guilty of the stalking offense. A few months later the judge sentenced him to ten years in prison, the maximum penalty for a third degree felony. But in 2012, before Werner was transferred out of the Harris County Jail into the state prison system he was paroled. After serving about a year behind bars the convicted stalker walked free.

     According to Texas corrections authorities Dieter Werner benefited from a so-called "parole in absentia." (Texas parole boards in the 1980s had issued these get-out-of prison passes when the state prison system couldn't handle all of the convicted felons.)

     Victims' rights activists, as well as Werner's stalking victim, were outraged. The parole authorities had not even bothered to notify Jessica of her stalker's parole hearing. In Texas and other places it was a fact that parole boards often did not inform victims when criminals were released on parole.

The Taco Bell Handcuff Case

     In 2011, in the northern Georgia town of Ringgold, 25-year-old Jason Earl Dean and the 18-year-old girl he had become obsessed with worked at the local Taco Bell. After Joan (not her real name) told Dean she did not want to go out with him he continued asking her out for a date. This had gone on for a month. The harassment became so intense she changed shifts at work to get away from him. Undeterred, Jason Dean continued to harass her.

     On the night of August 8, 2011 Mr. Dean waited outside Taco Bell until Joan's shift ended. As she walked to her car he came up to her with a pair of handcuffs which he slapped around her wrist, binding the two of them arm-to-arm. She screamed for help which brought other employees out of the Taco Bell. Her fellow employees talked Dean into turning his captive free. The police rolled up to the scene shortly thereafter but Mr. Dean had left. A few days later police officers arrested him on a college campus in nearby Dalton, Georgia. A local prosecutor charged him with stalking and felonious restraint.

     In January 2013 Jason Earl Dean entered a so-called "blind guilty plea" before Judge Ralph Van Pelt. (A blind plea meant that no sentencing agreement had been reached between the prosecutor and the defense attorney. The defendant was essentially throwing himself on the mercy of the court.) Judge Van Pelt, showing no mercy for this stalker, sentenced him to four years in prison followed by six years of probation.     

Thursday, August 8, 2024

The Perfect Murder

     Investment crook Bernie Madoff probably thought he'd committed the perfect crime. He was rich, well-known, loved by his family and respected by his colleagues. But Ponzi schemes are not perfect crimes, and Bernie got caught. The financial sociopath lost his fortune, his reputation, his freedom and a son to suicide. His wife, the author of a boo-hoo memoir and his surviving son disowned him. And like a true sociopath Bernie insulted his victims by calling them greedy.

     Unlike Bernie Madoff, a lot of people get away with crimes big and small. Shoplifters, employee thieves and even murderers have avoided conviction. But getting away with a criminal act doesn't necessarily make it a perfect crime. Offenders escape criminal detection and punishment because their crimes weren't professionally investigated. So-called perfect crimes are made possible by imperfect police work, and good luck.

     To avoid a murder conviction the killer should make sure he doesn't leave part of himself at the scene of the homicide or take part of the death site with him. Ideally, the murder victim should not be a spouse, an ex-lover, a business competitor or someone to whom the killer owes money. Moreover, the homicide should be committed as far from the killer's home as possible. And there should be no eyewitnesses or accomplices. The successful murderer should create a believable alibi and not tell a soul what he has done, not even a priest or a shrink. And if there is financial gain involved the killer should avoid spending large sums of money for at least a year.

     If arrested and brought into the interrogation room the suspect should say nothing except that he wants a lawyer. Also, no self-respecting criminal agrees to a polygraph test. If incarcerated the suspect should be aware of the jailhouse informant. Successful criminals trust no one and keep their mouths shut.

     Killers get away with murder all the time because police officers contaminate physical evidence at the crime scene. Too many detectives are overworked, lazy or incompetent. O. J. Simpson committed an imperfect, messy, clue-laden double murder and walked free. Police mistakes, a whacko jury and an all-star defense team led to the acquittal of an obviously guilty man.

     The commission of a perfect perfect murder should entail the following:

   1. The coroner or medical examiner rules the death either natural, accidental or suicidal.

   2. The killer does not come under serious police or media suspicion.

   3. The killer gains something significant from the victim's death.

   4. There is no physical evidence such as DNA that will later come back to haunt the killer.

     Before the emergence of modern toxicology and pharmacology, at a time when unhappy wives could slowly poisoned their husbands to death (usually with arsenic found in rat poison), the perfect murder was possible--perhaps even easy. Today committing the perfect murder, at least as described here, is much more difficult and extremely rare. 

Friday, August 2, 2024

The Young Female Arsonist

     Arson-for-profit is generally an adult male crime while serial, pathological fire setting is often committed by teenage boys. The rare female arsonist is likely to be a 30 to 50-year-old woman who sets the fire in her dwelling to attract attention and sympathy. It's even rarer when a young girl intentionally sets a fire that causes extensive property damage. Because fires set by females are generally not motivated by financial gain, they are by definition pathological offenses. This doesn't necessarily mean that these fire setters are legally insane. In cases of  young female arsonists the perpetrators set the fires because they are angry with their parents, their teachers or the world in general. 

     On May 14, 2014 someone set a fire north of San Diego that raged for eight days and burned 2,000 acres and destroyed 40 buildings, including homes in the towns of San Marcos and Escondido, California. The so-called Cocos Wildfire threatened several schools including California State University in San Marcos.

     The Cocos Wildfire cost $28 million to extinguish and destroyed $30 million worth of property. According to cause and origin investigators the fire had been intentionally set.

     In July 2014 arson investigators identified an unnamed 13-year-old girl as the suspected Cocos fire starter. She resided near the point of origin with her parents who schooled her at home. She was also a top competitor in the San Diego area junior cycling program. 

     Rather than being placed into a juvenile detention facility the authorities released the suspected arsonist to the custody of her parents. Under the terms of this arrangement she was not allowed out of the house from six in the evening to six in the morning. The rest of the day she was accompanied by a parent when she left the house.

     Superior Court Judge Aaron Katz ordered that the young defendant undergo psychological evaluation to determine if she was mentally competent to stand trial on the charges of felony arson. On August 20, 2014, following a three-week evaluation process, Juvenile Court Judge Rod Shelton found the suspect mentally competent to stand trial. She had, according to the psychologists, the capacity to understand the nature of the charges against her as well as the ability to help her attorney plan a defense.

     At the suspect's arraignment on the felony arson charges she pleaded not guilty.

     In March 2015 the young fire setter was found guilty of several counts of arson. The judge sentenced the juvenile to 400 hours of community service.

Thursday, August 1, 2024

Caleb "Kai" McGillvary and the Hatchet Hitchhiker Murder Case

     On February 1, 2013 a CNN reporter in Fresno, California interviewed a 24-year-old homeless drifter named Caleb "Kai" McGillvary. The long-haired, backpack-carrying, bandana-wearing hitchhiker who went under the names Kai Lawrence and Kai Nicodermus described in a rambling profane-laced TV interview how he had thwarted an assault on a female Fresno area utility worker.

     On the day in question McGillvary hitched a ride with a manifestly insane driver who intentionally tried to run over the female utility employee. The large man behind the wheel jumped out of his car, and as he approached the injured woman said, "I am Jesus and I am here to take you home." When the mentally ill assailant began punching the helpless woman McGillvary pulled a hatchet out of his backpack and used it to subdue the attacker by whacking him in the head a couple of times.

     According to media reports the crazy man, a month earlier, pleaded not guilty by reason of insanity to a murder charge in another case. (This raises the question of why he was not in custody awaiting his homicide trial.) The assaulted utility worker underwent surgery for her non-life-threatening injuries. Her mentally ill assailant was charged, in that case, with attempt murder. This time he was denied bail.

     Kai McGillvary's television interview went viral with more than 4 million YouTube hits. An instant cyber-culture celebrity, the self-named "Hatchet Hitchhiker" appeared on Jimmy Kimmel Live! where he informed America that he preferred to be called "home-free" rather than homeless. (He was also "car-free", "job-free" and probably "money-free" as well.) The story of McGillvary's hatchet intervention in the Fresno assault was also featured on The Colbert Report. 

     On Saturday, May 11, 2013 the "Hatchet Hitchhiker" was seen in New York City's Times Square in the company of a 73-year-old lawyer named Joseph Galfy, Jr. That night, Mr. Galfy took McGillvary back to his house in Clark, New Jersey, a town 20 miles west of the city. According to reports the drifter spent two nights with Galfy who lived in the house by himself.

     On Monday morning, May 13, 2013, when Mr. Galfy failed to show up for work at the law firm, a fellow employee asked local police officers to make a welfare check at his residence. Inside the tidy brick dwelling, officers found the lawyer lying dead in his bed wearing socks and his underwear. According to the forensic pathologist who performed the autopsy Mr. Galfy had been bludgeoned to death. Detectives believed the victim had been murdered sometime on Sunday, May 12, 2013.

     On Tuesday, the day after the discovery of Mr. Galfy's corpse, Kia McGillvary, on his Facebook page, asked his readers what they would do if they awoke in a stranger's house to the realization they had been drugged and sexually assaulted. One Facebook commentator suggested hitting the rapist with a hatchet. To that McGillvary responded, "I like your idea."

     Late Thursday night, May 16, 2013, police officers arrested the "Hatchet Hitchhiker" at the Greyhound Bus Station in downtown Philadelphia. Officers noticed that Mr. McGillvary had cut his hair to change his appearance. Held on $3 million bail, the freedom-free suspect was shipped back to Union County, New Jersey where he faced a charge of murder in connection with Joseph Galfy's violent death.

     Following his arrest, McGillvary gained supporters who followed his case on a special Facebook site. Moreover, someone established a GoFundMe campaign for McGillvary as well as a YouTube page.

      In April 2019 a jury sitting in Union County, New Jersey found Caleb McGillvary guilty of murdering the lawyer. A month later the judge sentenced the "Hatchet Hitchhiker" to 57 years in prison.