James Pepe: The High School Teacher From Hell

     James J. Pepe taught high school history in the Hillsborough County Florida school system. For years he was an erratic, difficult employee who frightened a lot of his follow teachers. In 2001 a faculty member characterized Pepe as "hostile," "aggressive" and "extremely volatile." During this period James Pepe called his principal a "pathological liar" and bragged to people that school administrators were powerless to take action against him. Had this disgruntled, disruptive employee worked in the private sector he would have been fired.

     In dealing with this potentially dangerous and out of control educator the Hillsborough County school superintendent decided against termination. Instead the boss suspended Mr. Pepe with pay, recommended anger management counseling then reassigned him to another school. (In teacher pedophile cases they call this "passing the trash".) Over the next few years, as Mr. Pepe's behavior became more bizarre, paranoid and bellicose he was transferred three more times. At one of the schools this history teacher disrupted, Mr. Pepe accused the principal of assigning him the worst students. He also accused the maintenance staff of turning off the air-conditioning to his classroom. (Given the passive-aggressive nature of public school employee discipline, this might have been true. As they say, even a paranoid can be persecuted. Maybe school administrators were trying to encourage this pain-in-the-neck to quit.)

     In 2012 James Pepe was teaching and causing havoc at Bloomingdale High School near Tampa, his fifth assignment in the Hillsborough County school system. (Mr. Pepe, a seriously troubled unfit teacher was earning $58,000 a year plus benefits.) In recent months he had focused his paranoia on a 59-year-old economics teacher who also taught at Strawberry Crest High School. Mr. Pepe convinced himself that Robert Meredith was the source of all his problems. More specifically the unstable teacher harbored the false notion that Mr. Meredith, his former colleague and friend, was spreading rumors that he was a child molester.

     In August 2012 the 55-year-old history teacher reached out to a childhood friend for help. James Pepe came right to the point--would this person murder Robert Meredith for $5,000? The stunned friend, who said he would think about the homicidal proposal, immediately reported the murder solicitation to the Plant City Police Department. There was no doubt in the friend's mind that James Pepe was dead serious in his desire to have Mr. Meredith killed.

     The police asked the teacher's friend to call Mr. Pepe back and say that while he wasn't interested in committing murder he had found a man who would do the job. The "hitman," of course, would be an undercover cop.

     The undercover officer, in mid-September 2012, spoke with James Pepe by phone. During that conversation the teacher said he "had an issue he might need taken care of for $2,000." (While this seems a little cheap for a contract murder, had Pepe been talking to a real hitman, the price would have been about right. In the U.S. most amateur assassins are inexpensive.)

     In the second phone conversation between James Pepe and the "hitman," the undercover officer tried to arrange a meeting. Pepe declined, but said in no uncertain terms that he wanted to have Robert Meredith murdered. This conversation, of course, was recorded.

     While the police in murder solicitation cases prefer to have audio and videotaped meetings (often in a car parked in a Walmart parking lot) in which the mastermind hands over the blood money and provides the cop with helpful information regarding the target, the Plant City police on September 27, 2012 took James Pepe into custody outside Bloomingdale High School.

     Charged with solicitation of first degree-murder, James Pepe was held without bond in the Hillsborough County Jail.

     On March 31, 2014 James Pepe pleaded guilty to solicitation of murder. The judge sentenced the murder-for-hire mastermind to house arrest for one year and 14 years of probation. This was, under the circumstances, an extremely lenient sentence. One would hope, at least, that the conviction ended Mr. Pepe's teaching career. 

The Julie Schenecker Murder Case

     Parker Schenecker, an Army intelligence officer, met Julie Powers, an Army linguist (Russian) in 1987 when they were deployed in Germany. Shortly after they were married in Louisiana in 1991 a psychologist began treating Julie for depression. Three years later she gave birth to Calyx, and in 1997 their son Beau.

     Not long after having Beau, Julie began taking anti-depression medication on a daily basis. In 2001 psychiatrists diagnosed her as suffering from bipolar disorder, schizo-affective disorder and severe depression. According to these physicians she had a personality disorder as well. (There is no effective way to treat the latter.) During her nine months of treatment at Walter Reed Army Medical Center in Maryland outside of Washington, D.C. she labored under the false belief that a brain tumor was causing her mental illness. She held this belief after brain scans proved negative. During this time Mr. Schenecker hired a nanny to take care of the children.

     In 2009, while being treated in south Florida for mental illness, Julie Schenecker expressed a desire to take her psychiatrist's comb and use his DNA to impregnate herself.

     On November 6, 2010, while residing in an upscale neighborhood in Tampa, Florida, 15-year-old Calyx told a school counselor that her mother slapped her in the face when they returned from her cross-country practice. The counselor reported the matter to the authorities, and that day a Tampa police officer, accompanied by a child protection social worker paid Julie a home visit. She admitted hitting Calyx with her open hand during an argument four days earlier. The police officer decided not to make an arrest in the case.

     On January 15, 2011 Colonel Schenecker, while assigned as an intelligence officer with U.S. Central Command in Qatar, wrote a long email to the psychiatrist in Florida treating Julie. The colonel expressed concern about Julie's bellicose relationship with Calyx. It seemed the two of them never stopped fighting.

     Colonel Schenecker wrote: "Julie can no longer control Calyx and Calyx has been disrespectful and verbally abusive toward Julie." Colonel Schenecker also noted that his wife had taken to the bottle. "Drinking starts to affect the kids--they start mentioning it to me." Julie had also, according to the colonel, been driving erratically which had resulted in a traffic accident.

     Julie Schenecker wrote an email addressed to her family on January 27, 2011. The message read: "It's really difficult and I'm so sick mentally. I minimally take care of the kids, sad to say. Beau has also developed Calyx's attitude--makes me cry every evening. Seeing what they've become, I will end this soon. I am at my wits end."

     The day following Julie's email to her family, her mother Nancy called the police to report she had not been able to reach her daughter. Due to Julie's mental state, Nancy was concerned that something was wrong. In response to the mother's request for a welfare visit, officers were dispatched to the Schenecker house. There, in the garage, they found Beau in Julie's SUV. The boy had been shot twice in the head.

     In Calyx's room officers discovered the 16-year-old lying on her bed with a fatal bullet wound to the back of her head. Both children had been shot by the .38-caliber revolver found at the scene. The bodies had been covered with blankets. The officers also recovered a journal at the scene in which Julie described her plan to kill her children and herself.

     Police officers found Julie Schenecker on her back porch. Wearing a blood-soaked bathrobe she was asleep and under the influence of prescription pills. She awoke and told the officers why she shot her children to death. She said she had done this because they had "talked back and were mouthy."

     Officers took Julie into custody at the death scene. At the police station they continued to question her. Julie said she shot Beau in the car after they returned home from his soccer practice. She said she killed Calyx in her room as she did homework on her computer. Julie showed no emotion or remorse as she described killing her children.

     Julie Schenecker informed her interrogators that five days before shooting her children to death she had driven 27 miles to a small Florida town where she purchased the revolver at a store called Lock N Load. (When buying the weapon she told the counterman that there had been a rash of burglaries in her neighborhood.)

     After questioning her at the police station, detectives took Julie to a nearby hospital for observation. She told a doctor that she had a "pre-existing" medical condition. Following her discharge from the medical center on January 29, 2011, officers booked the murder suspect into Hillsborough County's Falkenburg Road Jail on two counts of first-degree murder. The judge denied her bond.

     The homicide suspect's attorneys at her February 16, 2011 arraignment pleaded her not guilty. The lawyers announced they planned to launch an insanity defense on her behalf. Under Florida law, legal insanity is statutorily defined as a mental disease or defect present at the time of the crime that rendered the defendant incapable of appreciating the nature and quality of the criminal act. In other words, the mental illness had destroyed the defendant's ability to distinguish between right and wrong. In Florida, as well as most other states, the so-called "M'Naughten right-wrong test," due to the fact that even seriously mentally ill people are aware of what they are doing when they kill someone, is a difficult defense to prove. Proving that the defendant's actions were driven by the mental illness and nothing else is usually an uphill task. (A defendant must prove legal insanity by a preponderance of the evidence. That means the prosecution does not have the burden of proving the defendant was sane. Like innocence, sanity is presumed.

     Colonel Schenecker divorced Julie in May 2011. Following a dispute over the distribution of family assets, he sued her in civil court for the wrongful death of their children. Julie's civil attorneys in the case countered that the plaintiff was equally responsible for the children's deaths. In support of this argument they cited the emails the colonel had sent to her psychiatrist less than two weeks before the killings. In these emails he expressed his concern for the well-being of the children.

     The Julie Schenecker double murder trial got underway on April 28, 2014 in Tampa, Florida. Following jury selection and the opening statements from each side, the prosecutor put police officers, detectives, crime scene technicians and a forensic pathologist on the stand. On May 5, 2014 crime scene specialist Matthew Evans testified that he recovered numerous bottles of prescription pills at the murder house that included Lithium and Oxycodone.

     The prosecutor asked crime scene specialist Matthew Evans to read from portions of the journal taken from the house. From this document Mr. Evans read the following to the jury: "The best job I ever had was having/bringing up my babies. This is why I had to bring them with me. It's possible they've inherited my DNA and would live their lives depressed or bipolar! I believe I saved them from the pain. I wouldn't wish this on nobody--ever."

     According to the defendant's journal she worried that if she committed suicide her children would have to live with the stigma associated with their mother's act of self-destruction. "If you're wondering why I decided to take out the kids it was to protect them from embarrassment the rest of their lives."

     The crime scene investigator was followed to the stand by a detective who played an audiotape of the defendant's police station interview. Slurring her words, Schnecker explained in detail how she shot her children to death and why. She also listed all of the prescription medicine she had been taking.

     The following day retired Army Colonel Parker Schenecker took the stand for the prosecution. The 53-year-old described to the jury the domestic turmoil of living with a mentally disturbed wife. During his testimony he never referred to her by name, referring to Julie as the "defendant."

     On May 9, 2014, after the prosecution rested its case, The Schenecker defense took center stage. Michelle Frisco, a 43-year-old house cleaner who worked for the defendant, said that Julie had been upset because Beau had become as disrespectful as his older sister. The defendant also told the witness that she drank heavily when her husband was deployed out of the country.

     Dr. Demian Obregon, a University of Southern Florida psychologist, testified that he treated the defendant for various mental disorders. The medicine she took produced side effects such as "lip-smacking" and "leg-jerking." According to this witness, Julie, in August 2010, starting expressing suicidal thoughts. In December of that year she revealed deep feelings of being both helpless and hopeless.

     Throughout the trial Julie Schenecker sat passively with her attorneys at the defense table. But that changed suddenly in the middle of Dr. Obergron's testimony. When the psychologist told the jury he warned her against mixing alcohol with her bipolar medicine, she yelled "Liar! You told me two drinks a day, two Oxys a day!"

     The trial judge responded to the outburst by ordering the jurors out of the courtroom. The judge then issued a strong warning to the defendant. If she engaged in this type of behavior again there would be serious consequences. Such outbursts would not be tolerated.

     On Monday, May 12, 2014, Dr. Eldra Solomon, another psychologist, took the stand for the defense. Hired by Julie's attorneys to examine and evaluate their client's mental state on the days leading up to the killings, Dr. Solomon testified that Julie, on the day she decided to buy the gun, "had her first clear thought in weeks." And that thought involved killing her children so they could all go to heaven together. "People who are not in a psychotic state," Dr. Solomon said, "do not kill their children."

     Dr. Michael Malher, a medical doctor and psychiatrist, had also been hired by the defense as an expert insanity defense witness. In his expert opinion Julie Schenecker, at the time of the killings, was insane pursuant to the criteria of the M'Naughten right-wrong test.

     In cross-examining the defense insanity witnesses the prosecutor, in an effort to undermine their credibility, implied that they were nothing more than insanity defense hired-guns.

     On May 13, 2014 the defense wound-up its case with another expert who found the defendant, at the time of the killings, was in a psychotic state. The defense also called Colonel Schenecker to the stand. The witness described his ex-wife as a 50-year-old with the judgment of a 10-year-old, and painted a picture of what it was like for him and his family to live with a person who was seriously mentally ill. Following the colonel's testimony the defense rested its case.

     The prosecutor on May 14, 2014 in the rebuttal phase of the trial, pressed the argument that the double murder had been motivated by anger. The three rebuttal witnesses on this day were psychiatrists who testified that the defendant operated under a clear, calculated plan to kill her children. These prosecution experts explained to the jury why the defendant, under Florida's right-wrong test, had not been legally insane. When shooting her children she knew exactly what she was doing. The defendant was not acting pursuant to any delusions or instructions from voices in her head. She was driven by anger, not mental illness.

     On Thursday morning, May 15, 2014, following the closing arguments and the judge's instructions to the jury, the jurors walked out of the courtroom to deliberate the defendant's fate. Just two hours later, at three o'clock, the jury returned to the courtroom with its verdict: guilty of two counts of first-degree murder. This jury obviously rejected the Schenecker insanity defense.

     In addressing the judge in advance of the sentence, Julie Schnecker tearfully apologized for killing her children. She said, "They are alive and enjoying everything and anything heaven has to offer. Jesus is protecting them and keeping them safe until we get there." Immediately after this irony-laced statement the judge handed Schenecker the mandated sentence of two life terms without the possibility of parole.

Passing The Trash

     In 2000, 37-year-old Wilbert Cortez, an elementary school teacher at PS 184 in Brooklyn, New York, was accused of inappropriately touching two of his male students. One of the boys reported the abuse to another teacher--three times. The teacher wrote a letter detailing the accusations and put the letter in Cortez's personnel file. Shortly after the students made their complaints school administrators decided to transfer Mr. Cortez to PS 174 in Queens. Instead of dealing with the problem, and if appropriate firing this teacher, they "passed the trash."

     On February 16, 2012 Queens District Attorney Richard Brown charged Wilbert Cortez, now 49, with the sexual abuse of two male elementary students in his computer lab class. The next day, after posting his $50,000 bail, Mr. Cortez walked out of the Queen's County Criminal Court building.

     The accused child molester, on May 29, 2012, was arraigned on additional charges that he repeatedly molested three male students at PS 174 in Queens between 2007 and 2011. Mr. Cortez faced up to seven years in prison on each count.

     When word got out that Wilbert Cortez had been accused of sexual molestation back in 2000 at PS 184 in Brooklyn, parents of children who had attended both schools were outraged that education administrators had swept the problem under the rug by sending him to Queens.

     Feeling the heat, Chancellor Dennis Walcott, on May 30, 2012, called an emergency meeting with these angry parents. More than 100 people attended the meeting held at PS 174. These concerned parents wanted to know why this teacher hadn't been investigated in 2000. Attendees also expressed concern that the school system's hiring procedures did not screen out pedophiles. Chancellor Walcott told those assembled that his staff would be digging through personnel files looking for old sexual complaints that had been ignored, and "take appropriate action where necessary."

     Chancellor Walcott's response, the promise to fix a problem that shouldn't have existed in the first place, didn't satisfy too many people at the meeting. Elementary schools in New York City and around the country were crawling with sex offenders because government laws and regulations limited what employers can legally ask job candidates about their past. As a result, pedophiles get into our schools. And once they are in, because of teacher's unions they are hard to remove. Administrators know this, and for that reason find it easier to pass the trash. Public education is more about protecting teachers than protecting students from sexual predators. 

     On February 25, 2015 Wilbert Cortez pleaded guilty to inappropriately touching one student and endangering three others at PS 174 in Queens. Following his guilty plea Chancellor Walcott stripped him of his New York State teaching certificate.

     Because he had been allowed to plead down to relatively minor offenses the judge sentenced Wilbert Cortez to ten years of probation. The child molester was also required to register as a sex offender and undergo counseling. Like so many ex-public school teachers like him, he got off light. 

The Strack Family Murder-Suicide Case

     Benjamin Strack, his wife Kristi and their children resided in a duplex in Springville, Utah, a town of 30,000 45 miles south of Salt Lake City not far from Provo. Just before eight o'clock on the night of Saturday September 27, 2014, the oldest Strack child, accompanied by his grandparents, approached the Strack half of the duplex to check on the family. Mr. and Mrs. Strack and three of their children had not responded to emails, text messages or phone calls.

     The grandparents and the oldest child entered the house through the front door that stood wide open. (The back door was cracked open.) In the master bedroom they discovered Mr. and Mrs. Strack and the three children. The 36-year-old parents and the children--Benson, 14; Emery, 12; and Zion, 11--were dead. 

     Police officers at the scene noted that none of the bodies showed signs of physical trauma. Moreover, there was no evidence of a struggle and nothing had been taken from the house. 

     Firefighters tested the air inside the dwelling and did not detect traces of carbon monoxide. The fact that pets in the house were alive and the other residents of duplex were unharmed, pointed away from death by carbon monoxide poisoning. 

     Following the five autopsies the medical examiner announced that none of the Stracks had been subjected to violent assault. The cause and manner of these deaths remained undetermined pending the results of toxicological tests. A police spokesperson told reporters that foul play had not been ruled out in this case. The medical examiner did not reveal when the Stracks had died. 

    On October 28, 2014, reporters learned that investigators believed that the children and their parents had been poisoned to death on September 27, 2014. According to detectives, the children's bodies had been positioned in their parents' bedroom after their deaths. The bodies of Benjamin and Kristi and their children were each lying next to a cup of red liquid. Kristi Stack had red liquid coming out of her mouth.

     From the house investigators removed 14 drinking cups and bottles, a pitcher of red juice, and a purple bucket containing yellow liquid. Searchers also seized a pair of slippers that contained a drop of blood and a towel stained by a red substance. Detectives, in the family's garbage, found empty methadone bottles, 10 empty boxes of nighttime cold medicine, various pill bottles, several empty boxes of sleeping aids, a bag of marijuana and Pepsi cups containing traces of a red liquid.

     In January 2015 the Utah State Medical Examiner declared that the deaths of the children were caused by toxic amounts of diphenydramine and methadone. Kristi Stack died from the same drug plus dextrophan and doxylamine. Benjamin Strack had toxic levels of heroin in his system.

     The medical examiner ruled the parent's death as suicide and the two youngest children's death as homicide. The death of the 14-year-old was listed as "undetermined."

     According to the parents' friends and family, the mentally ill couple were worried about "evil in the world" and wanted to avoid a "pending apocalypse".

The Case of the Unknown Hitman

     In September 2001, when Keisha Lewis of Canton, Ohio informed her former boyfriend, Paul Tarver, that she was three months pregnant with his baby, he was not happy. He made it clear that he did not want to be a father. Tarver told Keisha to get an abortion, and if she didn't, he would not support the child. Keisha said she had no intention of aborting the pregnancy and would have the baby with or without his support.

     Two months later Keisha and Paul were still fighting over whether she should get an abortion. When Tarver realized she was not going to changer her mind, he threatened to kill her if she didn't end the pregnancy. Keisha said she was reporting him to the police but didn't follow through on her threat. Perhaps he was just bluffing. After the arguing and threats Paul Tarver suddenly stopped coming around. Keisha figured he had moved out of her life for good.

     On March 7, 2002, a week before the baby was due, Paul Tarver popped back into Keisha's life and seemed to be a different man. He apologized for the fighting and the threats and offered to make amends. He said he wanted to remain friends--for the baby's sake--and in the spirit of good will he offered to take her out to dinner. Relieved that her baby's father was no longer an enemy she accepted his invitation.

     A few days later Paul and Keisha, in the cab of his Ford Ranger pickup, pulled into the spacious parking lot surrounding Canton's Country Kitchen restaurant. Although Keisha was nine months pregnant and had trouble walking, Paul parked the truck in a remote section of the lot far from the restaurant. Keisha had just opened the passenger's door and was about to alight from the vehicle when a man wearing a hooded sweatshirt and gloves stuck a gun in her face and ordered her to slide across the seat so he could squeeze into the truck.

     The armed kidnapper ordered Tarver to drive to a chicken hatchery a few miles from the restaurant where the gunman ordered him to hand over his ring, watch and wallet. The kidnapper shot Keisha in the abdomen, Tarver in the foot, then jumped out of the truck and ran into the nearby woods. Using his cellphone Paul Tarver called 911.

     Surgeons, although able to save Keisha's life, could not save the fetus. Doctors treated Mr. Tarver's wound which was minor. Keisha suffered major nerve damage that would leave her with a permanent limp.

     Detectives with the Canton Police Department trying to identify the kidnapper didn't have much to go on. Keisha could only provide a general description of the assailant and Paul Tarver wasn't much help either. Investigators did recover the three shell cases from the shooting scene. A forensic firearms identification expert matched the crime scene firing pin impressions to a .380 Carpati pistol recovered from the site of another Canton shooting. In tracing the history of the gun, police learned that one of the owners was a man who had once worked with Paul Tarver. Detectives also questioned a man from Pittsburgh, Pennsylvania Mr. Tarver called several times just prior to the assault. During the interrogation the Pittsburgh man broke down and cried, then terminated the questioning.

     In October 2002, a Stark County prosecutor at Paul Tarver's murder-for-hire trial presented a weak, circumstantial case against him. The police had still not identified the triggerman. The defendant's attorney did not put his client on the stand in own defense. If he had done so, the jury would have learned about Tarver's long history of drug trafficking and robbery. Perhaps because the defendant did not take the stand to deny that he had paid someone to end his girlfriend's pregnancy, the jury found him guilty.

     The judge sentenced Paul Tarver to 31 years to life. He continued to maintain his innocence and the triggerman was never identified. This was one of a handful of murder-for-hire cases in which the mastermind was convicted without the testimony, or even the identity of the hitman.

The Anthony Baye Arson-Murder Confession

     Between December 27, 2009 and January 4, 2010 an arsonist in Northhamton, Massachusetts torched more than 40 homes. It was the biggest crime spree in the history of the town. One of the Ward 3 neighborhood fires took the lives of 81-year-old Paul Yeskie and his son Paul Jr. who was 39. Police officers patrolling Ward 3 during the early morning hours on four of the arson fire nights pulled over a vehicle driven by 26-year-old Anthony P. Baye. These investigative stops did not result in Mr. Baye's arrest.

     Anthony Baye was brought in for questioning on January 4, 2010 by Massachusetts State Police sergeant Paul Zipper and Trooper Michael Mazza. After he was warned of his Miranda rights to remain silent and his right to an attorney, the suspect asked to speak to a lawyer. The officers, instead of terminating the interrogation at that point informed Anthony Baye that he would be better off speaking to them first. They assured him that if he took responsibility for setting the fires the judge would go easy on him. Utilizing this confession inducing technique (developed by Fred Inbau in the 1930s) of minimizing the seriousness of the crime (referring to the arsons as "tomfoolery"), the troopers got Mr. Baye to admit setting 15 of the fires.

     While Anthony Baye didn't come out and admit setting the fire that killed Mr. Yeskie and his son, he did say he never meant to do them any harm. In soliciting the arson-murder confession one of the interrogators misrepresented the criminal law when he assured Baye that if he hadn't intended to kill the Yeskies he could not be charged with felony-murder. (This was not true. Under Massachusetts law, if Mr. Baye intended to set the fire which inadvertently led to their deaths he was guilty of criminal homicide under the felony-murder doctrine.)

     Following the ten hour videotaped interrogation the state troopers took Anthony Baye into custody. The local prosecutor charged him with two counts of first-degree murder and several counts of arson. Given the seriousness of the crimes Mr. Baye was not granted bail.

      Anthony Baye's attorneys, Thomas Lesser and David Hoose, on grounds the state interrogators had violated their client's Fifth and Six Amendment rights by not discontinuing the interrogation and providing him with an attorney when he requested one, filed a motion to suppress the confession.

     On September 21, 2011 Hampshire Superior Court Judge Constance B. Sweeney heard arguments on the defendant's motion to suppress. At the conclusion of the pre-trial hearing Judge Sweeney, while expressing reservations regarding the troopers' interrogation techniques, ruled Baye's confession voluntary and therefore admissible. The defense appealed Judge Sweeney's ruling to the Massachusetts Supreme Judicial Court which agreed to rule on the admissibility of the confession before rather than after his trial.

     On May 21, 2012 the Massachusetts Supreme Court Justices ruled the Baye confession had not been given voluntarily and was therefore inadmissible as evidence against him. Although the justices didn't specifically rule on the issue of whether continuing the interrogation after Baye requested an attorney rendered it inadmissible, the constitutional law on this issue was settled. In the Baye case the state interrogators had clearly violated his Miranda rights. Under Miranda a confession can be inadmissible even though it was given voluntarily. Once a suspect exercises his Miranda rights the interrogation must stop. Anything said by the suspect after this point is not admissible evidence regardless of the fact no coercion was involved.

     One year after the state supreme court ruled Anthony Baye's confession inadmissible, the defendant, pursuant to a plea agreement, pleaded guilty to two counts of manslaughter. On May 15, 2013 the Hampshire Superior Court judge sentenced Anthony P. Baye to twenty years in prison followed by fifteen years of probation.

Betty Rice's Suspicious Death

     Betty Rice was 79 when she died on November 9, 2009 in her Sevierville, Tennessee mobile home. Elizabeth A. Ogle, Rice's 48-year-old niece by marriage had moved from Chatsworth, Georgia to the Great Smoky Mountain region to care for her sick aunt. Ogle, who moved into the double-wide had been taught by a hospice nurse how to administer the proper dosages of morphine to the dying woman.  Betty Rice had been diagnosed with lung cancer that spread throughout her body.

     Because of her age and illness, no one questioned the Sevier County coroner's ruling that Betty Rice died a natural death from cardiac and respiratory arrest. This determination was made by hospital physicians without an autopsy. A few days after her passing her body was embalmed and buried.

     Two months after Betty Rice's death some of her relatives informed the Sevier County Sheriff's Office of their suspicion that she had been murdered by Elizabeth Ogle. Not long before she died Betty added the live-in caregiver to her will. The suspicious relatives believed that Ogle gave Rice an overdose of morphine in order to inherit a portion of her estate which included the mobile home and some certificates of deposit.

     In January 2010, Sevier County Sheriff Ron Seals obtained a court order that allowed the exhumation of Betty Rice's remains for autopsy. Dr. Darinka Mileusnic-Polchan, the Chief Medical Examiner for Knox County and Professor of Pathology at the University of Tennessee, performed the autopsy. Dr. Mileusnic-Polchan, a native of Croatia, reported that Betty Rice's body at the time of her death contained a "lethal amount of morphine."

     Eight months after the autopsy Sevier County prosecutor Jeremy Ball charged Elizabeth Ogle with first-degree murder. The entirely circumstantial case was based on the changed will, a signature that looked forged, Ogle's role as the only person in charge of Rice's morphine intake and the excess amount of the narcotic in the dead woman's system. Elizabeth Ogle, held under $1 million bond, awaited her trial in the Sevier County Jail.

     On October 30, 2012 in his opening remarks to the jury Assistant District Attorney Jeremy Ball said that Betty Rice died from "a liver full of morphine" shortly after the defendant forged the old woman's signature on the new version of her last will and testament. To establish the forgery, the prosecutor put a FBI handwriting expert on the stand. According to the forensic document examiner the signature in question was substantially different than signatures on greeting cards known to be Rice's. But on cross-examination by defense attorney Charles Poole the document witness acknowledged that he couldn't declare that without a doubt the questioned signature was a forgery.

     The prosecution's key witness, medical examiner Mileusnic-Polchan, took the stand and testified that in her expert opinion Betty Rice died of a morphine overdose. Conceding on cross-examination that cancer had destroyed one of Rice's lungs, the medical examiner, none-the-less, testified the elderly woman had not died a natural death. In the forensic pathologist's opinion Betty Rice died of morphine poisoning and by implication, criminal homicide.

     Defense attorney Poole, by asking Dr. Mileusnic-Polchaln how the presence of morphine can be ascertained from remains that had been embalmed, failed to attenuate the certainty of her conclusion.

     On November 3, 2012 after the prosecution rested its case the defense put on the first of its three expert witnesses. Steven Karch, a cardiac toxicologist from San Francisco testified that there was no scientific basis for determining, in the human liver, what was an abnormal level of morphine. Although this witness was not a forensic pathologist he testified that Betty Rice's cause of death was probably heart failure.

     Dr. Gregory Davis, a medical examiner with the state of Kentucky testified that he "respectfully but vehemently disagreed" with Dr. Mileusnic-Polchan's cause of death determination. After reviewing her autopsy report, Dr. Gregory came to the conclusion that Betty Rice died due to complications from her cancer. The forensic pathologist also said that assuming the morphine had contributed to her death the patient could have self-administered the pain-killer.

     Dr. Davis was followed to the stand by a pharmacologist who opined that scientists had not established a way to determine abnormal levels of drugs in a person's body through liver analysis. Scientists had not figured out what an abnormal level of morphine was in a person's liver.

     At the close of testimony on the fourth day of the trial circuit judge Rex Ogle (no relation to the defendant) took the case out of the hands of the jurors by issuing a directed verdict of acquittal. In the judge's opinion the prosecution had not met its burden of proving a prima facie case.

     Elizabeth Ogle was released from custody and was determined to be eligible to inherit pursuant to Betty Rice's will. 

The David Bowen Murder-For-Hire Case

     The Bowens were an unlikely couple. Forty-four-year-old Daniel, a political ward captain, worked as a janitor at the Chicago Cultural Center. He and his wife Anne Treonis-Bowen, an attorney with the Illinois Liquor Control Commission, were in the midst of a nasty divorce that included a custody battle over their daughters who were five and six. Daniel couldn't stand the idea that his wife, the one with the better job, the one who would end up with the house and most of the marital assets, was about to become the dominant person in their children's lives. She would make all of the parental decisions while he'd be relegated to the role of a visiting ex-spouse. Daniel Bowen considered this a humiliating attack on his manhood. It was the hatred of his wife, not the love of his children, that drove this man to murder.

     In February 2004, Daniel Bowen offered his childhood friend, Dennis McArdle, $2,000 in upfront money to kill Mrs. Bowen. After the hit man completed the job and the victim's life insurance paid off, the murder-for-hire mastermind would pay McArdle another $20,000. Bowen also offered his friend a cushy low-level city job.

      Dennis McArdle, a convicted felon, alcoholic, drug addict and incompetent bungler with no prospects and nothing to lose, accepted the contract murder assignment. From a man he barely knew Mr. McArdle purchased, for $500, a .38-caliber revolver with a homemade silencer that didn't work when he and Bowen test-fired the gun in the basement of the cultural center. Bowen scheduled the murder for March 4, 2004, a day when he would be in the company of others and thus have an airtight alibi.

     As murder plots go this one was simple. Dennis McArdle was to shoot Daniel Bowen's wife after she parked her car that morning at the Chicago Transit Authority station southwest of the city. On the morning of the hit, wearing a ski mask and latex gloves, Mr. McArdle walked up behind the victim in the station parking lot and shot her once in the back of the head. To make the shooting look like a robbery rather than an execution style murder, he took the victim's handbag. The ploy, to the trained eye of an investigator was transparent.

     Although this amateur hitman wore gloves to avoid linking himself to the shooting, disposed of the victim's wallet and got rid of the murder weapon, he took Mrs. Bowen's purse back to his apartment building where he hid it in the basement. A few days later the owner of the apartment building found the handbag, and inside it a prescription bottle bearing the murdered woman's name. The landlord called the police. Because McArdle was the only resident of the building with a connection to the murder victim he became the prime suspect in the case.

     Ten days after Anne Treonis-Bowen's execution, detectives brought Mr. McArdle in for questioning. The 42-year-old suspect, suffering from cirrhosis and hepatitis, quickly confessed and agreed to testify against Daniel Bowen.

     In September 2004, while awaiting trial in the Cook County Jail, Daniel Bowen hanged himself. A month later a judge sentenced Dennis McArdle to 35 years in prison.

    The Bowen case exemplifies the fact that murder-for-hire is most often a crime of desperation committed by dimwits and fools. 

Annette Morales-Rodriguez and the C-Section Murders

     In October 2011, Annette Morales-Rodriguez, a 34-year-old mother of three, lived with a boyfriend who expected that she would give birth to their baby within a matter of days. But that wasn't going to happen because she had been faking her pregnancy. Morales-Rodriguez had lied to this man twice before about being pregnant, and in the past, to avoid exposure as a liar and a fake, she had falsely reported a pair of miscarriages. Running out of time and desperate, Morales-Rodriguez decided to kidnap a woman about to give birth and steal the fetus by performing a crude Caesarean section using knowledge she had acquired from watching a show on the Discovery Channel.

     In search of a victim and her baby, Morales-Rodriguez showed up at a Hispanic community center in Milwaukee where she encountered 23-year-old Maritza Ramirez-Cruz who was in her 40th week of pregnancy. Morales-Rodriguez lured her intended victim into her car by offering her a ride home. Along the way, Morales-Rodriguez stopped at her house to change her shoes while the unsuspecting Ramirez-Cruz waited outside in the car. When Morales-Rodriguez didn't make a timely return to the vehicle, her passenger walked up to the house, knocked on the door and asked if she could use the bathroom.

     Shortly after letting the pregnant woman into her home, Morales-Rodriguez smashed her in the head with a baseball bat, then choked her until she passed out. After binding the victim's hands and feet and covering her nose and mouth with the duct tape, Morales-Rodriguez sliced into the pregnant woman's body with a X-Acto knife exposing the fetus. After removing the baby boy from his dead mother, Rodriguez realized she had killed the newborn as well.

     After she deposited Rameriz-Cruz's blood-soaked body in her basement, Morales-Rodriguez called 911 and informed the dispatcher she had just given birth to a baby that wasn't breathing. Paramedics who rushed to the scene confirmed that the infant was dead. At this point the emergency responders had no reason to suspect foul play. They cleaned off the infant, wrapped it in a towel, and handed it to the woman who had just murdered it.

     When the medical examiner performed the autopsy it became obvious that the baby had been removed from its mother's body by an amateur. This crude procedure caused its death. A police search of Morales-Rodriguez's house resulted in the discovery of the disemboweled corpse with the duct tape still in place. According to the forensic pathologist, Ramirez-Cruz died of blood loss and asphyxiation. The baby had been stillborn.

     Following her arrest, in a videotaped interrogation at the Milwaukee police station by detective Rodolfo Gomez, Morales-Rodriguez explained in Spanish how her boyfriend's expectations caused her to kidnap and home-C-section the young pregnant woman. In other words, she murdered a pregnant woman to save her relationship with her boyfriend.

     Charged with two counts of first-degree murder, Morales-Rodriguez went on trial in early September 2012. She pleaded not guilty to the murder charges on the ground it had not been her intention to kill the mother and her baby.

     On September 20, 2012, the jury of six men and six women found the defendant guilty as charged. Because Wisconsin doesn't have the death penalty, Annette Morales-Rodriguez faced a mandatory life sentence. It was up to the judge to determine if she would be eligible for parole.

     Given the fact this woman had brutally murdered a stranger and killed the victim's baby through a crude C-section, Judge David Borowski, on December 13, 2012, sentenced Rodriquez to life in prison with no chance of parole. 

Linsey Attridge's False Rape Report

     In 2008, Linsey and Gary Attridge were married in the central Scotland town of Grangemouth. The 26-year-old bride had grown up in Grangemouth where her mother worked as a seamstress and her father was a window cleaner. Linsey and her new husband, a financial advisor, honeymooned in Malta.

     Less than two years after the wedding Linsey Attridge was unhappy with her marriage. In August 2010, after meeting kickboxing instructor Nick Smith online, Linsey and her daughter moved into the 32-year-old's house in the northern city of Aberdeen. By the summer of 2011 that relationship had fallen apart after Linsey confessed to having sex with one of Nick Smith's friends while he was in the house asleep. Although they were no longer a couple, Nick Smith allowed Linsey and her daughter, to whom he had become a surrogate father, to remain in his house.

     In August 2011, while browsing through Facebook pages, Linsey Attridge came across a photograph of 26-year-old Philip McDonald, a cook at a downtown Aberdeen cafe. He was pictured with his 14-year-old brother James. Philip lived outside of the city in a modest flat with his partner Kelly Fraser and their daughter. To Linsey Attridge Philip and James McDonald were total strangers.

     A few days after stumbling across the Facebook photograph Linsey Attridge, in a scheme to rekindle her relationship with Nick Smith, decided to falsely report that that Philip and James McDonald had broken into her house and brutally raped her. Before alerting the authorities she staged the crime by overturning furniture, punching herself in the face and ripping her clothing.

     Police officers responding to the false report found a woman who looked and acted as though she had been beaten and sexually assaulted. She submitted herself to various physical examinations including tests for sexually transmitted diseases. In an act of extreme self-centered cruelty Linsey Attridge identified Philip and James McDonald as her rapists. 

     Two days after receiving the false crime report police officers arrested 14-year-old James McDonald at his mother's house. He was a student at a residential school for teenagers with behavioral problems. Less than an hour after taking James into custody police officers walked into the cafe where Philip McDonald worked as a cook.

     On the worst day of Philip McDonald's life the detectives told him that he and his brother were the prime suspects in a brutal rape case. The officers asked the shocked and frightened young man to accompany them to the police station for questioning. In the police vehicle en route to police headquarters the officers identified the victim and described the home invasion and crime. Philip broke down and cried. (The officers probably took this as a sign of guilt.)

     At the police station detectives photographed, fingerprinted and swabbed Philip McDonald for DNA. During the five-hour interrogation, when a detective revealed exactly when the crime had taken place, Philip was relieved. While the two men were supposedly raping Linsey Attridge, Philip was at home putting his daughter to bed. Several members of his family were in the house with him that night. His relatives would vouch for his whereabouts at the time of the rape. He had a solid alibi.

     The detectives questioning Philip were not interested in his alibi. Everyone had an alibi. Big deal. Philip didn't realize that many police investigators, once they have a suspect in their cross-hairs, were extremely reluctant, even in the face of exonerating evidence, to change targets, switch gears.

     Over the next two months Philip McDonald's life was a living hell. He couldn't be out in public without being harassed and had to enroll his daughter in another school. By October 2011 Linsey Attridge's story began to unravel. When pressed by detectives who had become skeptical, she admitted that she had made the entire story up. She had done it in an effort to attract attention and sympathy from her estranged boyfriend, Nick Smith. In so doing she had put Philip and his brother through hell, wasted police resources and made the detectives look like incompetent fools. 

     Shortly after Linsey Attridge's false report confession, a pair of detectives walked into the cafe to inform Philip that he was in the clear. That was it. Out of the blue he was accused of rape, and out of the blue he was told that he had been cleared. The officers left the restaurant without even offering an insincere apology. Like their counterparts in America, and probably throughout the world, police officers rarely say they are sorry. Why? Because many of them are not sorry. The rest are afraid of being sued.

     A local prosecutor charged Linsey Attridge with the crime of filing a false report. In June 2013 the defendant pleaded guilty to the charge in an Aberdeen courtroom. The judge shocked everyone by sentencing her to 200 hours of community service and two years probation. Nick Smith, her former boyfriend, was in the courtroom that day. He told reporters outside the court house that he thought the judge's sentence was "ridiculous." By that he meant lenient. He was right. This woman should have been locked up for at least five years.