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Tuesday, March 31, 2020

Margaret Cirko's Criminal Cough

     On Wednesday, March 25, 2020, at two-thirty in the afternoon, 35-year-old Margaret Cirko walked into a Gerrity's Supermarket in Hanover Township, Pennsylvania. Cirko, known in the community as a chronic pain-in-the-neck, announced in a loud voice: "I have the virus, now you are all going to get sick!" After saying this, Cirko purposely coughed into the meat case and on food in the bakery and produce sections of the store.

     Having pulled off this outrageous, disgusting stunt, Margaret Cirko picked up a 12-pack of beer and tried leaving the store without paying for it.

     Shortly after disgracing herself the supermarket, officers with the Hanover Township Police Department took Cirko into custody. A Luzerne County prosecutor charged Cirko with felony counts of terroristic threats, threats to use a biological agent, and criminal mischief. She was also charged with the misdemeanor offenses of disorderly conduct and attempted retail theft.

     Following a mental evaluation at a local hospital, Cirko was booked into the Luzerne County Correctional Facility. A magistrate set her bail at $50,000.

     While Margaret Cirko was not infected with the virus, Gerrity employees had to dispose of the food she had coughed on. This outlandish, mean-spirited prank cost the store $35,000.

     While it would be comforting to believe that intentionally and publicly coughing on groceries when food is scarce amid a growing public health crisis is a one-of-a kind criminal act, that is not the case. For example, on March 19, 2020, in Purcellville, Virginia, a group of juveniles recorded themselves coughing on grocery store produce. In an act of frightening stupidity, the juveniles posted the video on social media. The tainted food had to be thrown away.  

COVID-19 Dystopia

Life in COVID-19 America is starting to look and feel like a dystopian novel featuring empty grocery store shelves; shuttered schools, colleges, churches, restaurants, bars, stores, courthouses, and dentist offices; thousands of homeless people living in their own filth;  rats (in New Orleans) swarming the streets in search of food; overwhelmed hospitals; crowded morgues; wicked, power-grabbing politicians; violent criminals walking out of prison; and citizens holed up in their homes. Since most dystopian novels have happy endings, we can hope that life imitates art.

In Politics, How Old is Too Old?

According to researchers in Paris, France, the belief that mental decline doesn't start before age 60 is not correct. In reality, cognitive ability--memory, reasoning, and comprehension--begins to go south at age 45. So, what does this mean for America? In a country where 100 million citizens are over 50, and 35 million are older than 65, this could not be good news. And look at our politicians, our leaders: a vast majority of them are over 50, and many into their 60s and 70s. The Speaker of the House just turned 80, our president is 73, and the two men running for his job are pushing 80. Don't these people know when to quit?  And, should people this old be given so much power?

Monday, March 30, 2020

The Sasha Krause Murder Case

     Sasha Marie Krause was born on April 8, 1992 in Temple, Texas. She grew up in a house with her parents Robert and Laura Krause and her six siblings. In 2003, when she was eleven, Sasha's parents joined the Mennonite Church.

     In 2013, Sasha Krause moved to Grandview, Texas where she took a job teaching school at the Grandview Gospel Fellowship. She taught at the school for six years. Extremely bright and hardworking, Sasha taught herself to become fluent in Spanish and French. She also wrote poems and lyrics for gospel hymns.

     In June 2018, Sasha Krause moved from Grandview, Texas to a Mennonite compound located in the Crouch Mesa section of Farmington, New Mexico, a city of 45,000 in the northwest corner of the state. She had come to New Mexico to work as a volunteer at Lamp & Light Publishers, a 46-year-old company that distributed Bibles, Bible study materials, Mennonite correspondence courses and religious school texts in English, French and Spanish. Most of the Lamp & Light staff, 19 in all, were Mennonite volunteers like Sasha.

     Miss Krause also taught Sunday school classes at the nearby Farmington Mennonite Church, a 150-member congregation affiliated with the Nationwide Fellowship of Churches.

     Farmington, New Mexico, with a per capital crime rate of 53 crimes per 100,000 residents, was the most dangerous city in the state. Over the past five years, violent crime in the city had risen 50 percent. The city also had one of the highest unemployment rates--8.9 percent--in the country.

     At eight o'clock on the evening of January 18, 2020, after having dinner with her roommates at the compound, Sasha Krause drove her car the short distance to the Farmington Mennonite Church to pick up books for her Sunday school class. At three o'clock the next morning, when she hadn't returned to the compound, one of her roommates called the San Juan County Sheriff's Office to report her missing. Deputies were immediately dispatched to the compound to investigate.

     The fact the missing woman had not taken her purse when she left the compound suggested that she intended to return to her room that evening.

     Shortly after responding to the missing person call, officers located Krause's car sitting in the Farmington Mennonite Church parking lot.

     Over the next several days, volunteers in the close-knit community searched for the missing Mennonite woman. K-9 teams and police officers on the ground and in the air also looked for Sasha Krause. Investigators canvassed the neighborhood for information that might lead to her recovery. One witness reportedly saw, about the time Sasha left the compound that evening, a white SUV, minivan or pickup parked behind the Farmington Mennonite Church. Another witness reportedly saw, about this time, a "white smaller SUV" speeding from the area. (If there are surveillance cameras in the vicinity of the compound, church and Lamp & Light building, the authorities have not revealed what they recorded that Friday evening.)

     The sheriff's office placed Sasha Krause's personal information into several missing person databases, and offered a $50,000 reward to information leading to her whereabouts.

     In the late afternoon of Friday, February 21, 2020, a camper walking in the desert between the Sunset Crater (volcano) National Monument Park and the Wupatki National Monument Park north of Flagstaff, Arizona, came across the body of a young woman that matched the general description of Sasha Krause. The camper found the body near Forest Service Road 545 in Coconino County about 270 miles from Farmington, New Mexico.

     Fingerprints taken from the presumably murdered woman in the desert matched Sasha Krause's prints that were on file at the Texas Department of Motor Vehicles.

     On Monday, February 21, 2020, a forensic pathologist with the Coconino County Medical Examiner's Office in Flagstaff performed the autopsy. The medical examiner did not, however, reveal the victim's cause or manner of death.

     Agents with the Federal Bureau of Investigation, given the interstate nature of the presumed abduction, joined the investigation. 

The Dancing Dean of NYU: No Tuition Refund For You

     Yearly tuition at New York University's Tisch School of the Arts is a whopping $58,000. In March 2020, spring classes at NYU were moved online amid the coronavirus pandemic. Because remote learning via video conferencing apps like Zoom, particularly for students in the School of the Arts, didn't cut it, hundreds of Tisch students asked for a partial tuition refund.

     On March 18, 2020, the dean of the Tisch School of Arts, Allyson Green, sent an email to the dissatisfied students announcing there would be no refund. The students were obviously not happy with this policy and organized groups to fight it.

     Four days later, Dean Allyson sent another email telling students that tuition refunds were not forthcoming. With this email, the dean attached a 2 minute, 16 second video showing her, in her living room, singing and dancing to the song, "Losing My Religion." The cringeworthy, uncomfortable-to-watch clip infuriated the complaining students.

     On March 26, 2020, a Tisch School of Arts graduate named Rachel Bloom, asked the school on Twitter "to give students refunds now." She also said, "I am ashamed to say this is my Alma Mater. Stop buying up real estate and start treating your students and their parents with respect and empathy."

     As of March 27, a Tisch student petition asking for tuition refunds had garnered 2,500 signatures.

     Dramas like this are unfolding across the country in America's institutions of higher learning. The COVID-19 crisis will result in lower enrollments, causing academic bubbles to burst, and clueless professors and administrators like Dean Allyson to tumble out into the real world where they will have to find meaningful work.

COVID-19 "Stimulus Scams"

According to the FBI, phone calls, texts and emails asking citizens for personal or financial information in order to receive the $1,200 federal stimulus payment are scams. In times of crisis, scam artists come crawling out of the woodwork. Beware.

Sunday, March 29, 2020

America in the 1950s

Say what you want about America in the 1950s, at least the middle class of that era had contempt for those who boasted excessively about themselves or their children, sucked-up or snitched to get ahead, cursed in public, flaunted their possessions, or in any way acted superior to others. Moreover, the daily consumption of pornography was for perverts; tattoos were on sailors, pimps, and serial killers; marijuana and heroin use was limited to writers, musicians, actors, and members of the criminal underclass; the severely mentally ill were off the streets and living in institutions; gun violence and murder was at a minimum; and welfare was considered a temporary form of charity. Of course the 1950s wasn't good for everyone, particularly for blacks and gays. But it wasn't bad for everyone either. One other observation about that era: with one exception, I've never seen a movie portray that decade realistically. The exception: The Man Who Wasn't There.

Saturday, March 28, 2020

Domestic Abuse Amid the Pandemic Lockdown

     For people who are experiencing domestic violence, mandatory lockdowns to curb the spread of COVID-19 have trapped them in their homes with their abusers, isolated from people and the resources that could help them...

     The current crisis also makes it more difficult for victims to seek help. As medical facilities around the world scramble to respond to coronavirus, health systems are becoming overloaded, making it more difficult for victims to get access to medical care or therapies...

     For many women, the fear of contracting the coronavirus is stopping them from seeking out medical care after experiencing physical abuse...

     Many victims also feel that they can no longer seek refuge at their parents' home, for fear that they could expose their elderly parents to the virus. For some, travel restrictions may limit their ability to stay with loved ones. Women's shelters may also be overcrowded during this time or may close their doors if the risk of infection is deemed too high...

     Many social services for victims of domestic violence will also suffer budget cuts under a recession...

Melissa Godin,  "As Cities Around the World Go On Lockdown, Victims of Domestic Violence Look For a Way Out," Time, March 18, 2020

Thursday, March 26, 2020

George Falcone: The "Knucklehead" From New Jersey

     At nine in the morning on Sunday, March 22, 2020, 50-year-old George Falcone from Freehold, New Jersey was in nearby Manalapan shopping at a Wegmans grocery store 50 miles north of New York City. One of the employees, while covering an open display of prepared food, asked Mr. Falcone to step back in compliance with the COVID-19 social distancing policy. At the time, 4,000 people in the state had been diagnosed with the virus and 44 had died.

     Instead of responding to the Wegmans employee, Falcone moved in closer, coughed on her, laughed, and informed her and others in earshot that he had the Coronavirus. "You people are lucky to have a job," he said.

     A member of the Manalapan Police Department happened to be in the store working a security detail. The officer approached George Falcone who, for 40 minutes, refused to identify himself.

     On March 24, 2020, a local prosecutor issued George Falcone a summons charging him with 4th-degree obstructing justice, an offense with a maximum sentence of 18 months; 3rd-degree terroristic threats, a crime with a maximum sentence of five years; and harassment, an offense that carried a sentence of up to six months in jail.

    The governor of New Jersey, in one of the great understatements of all time, called Mr. Falcone a "knucklehead."

Wednesday, March 25, 2020

Criminal Voyeurism

     The act of voyeurism runs the gamut of watching reality TV, to window peeping, to the use of hidden and clandestine cameras for one's sexual gratification. In an era of adult entertainment, it seems odd that so many teachers, clergymen, politicians, bosses, lawyers, and physicians have been caught using covert devices like pen cameras to satisfy their sexual curiosities.

     A man (this is not a crime usually committed by women) who risks his family, career, and position in society by secretly videotaping females (and young boys) changing clothes, showering, using the restroom, or merely going about their daily activity, must possess a powerful sexual compulsion that by any standard is deviant. Because this form of pathological voyeurism is also a crime, the clandestine video-taper also risks going to prison. The risk/reward imbalance inherent in this bizarre behavior suggests that these voyeurs are beyond the reach of counselors and medication.

Richard Watkins

     In March 2010, an elementary school teacher in Calne, a town of 13,000 in southwest England, was caught using a pen camera to video-record boys as they changed their clothes for physical education class. Richard Watkins had been doing this for two years, and had thousands of clandestinely acquired images on his home computer.

     The 28-year-old teacher and former children's entertainer (said to possess "circus skills"), pleaded guilty to thirteen counts of criminal voyeurism. The judge sentenced Watkins to four years in prison where he would have plenty of time to practice his juggling.

James Mucha

     In March 2011, James Mucha, an employee of a small manufacturing company in Avon Lake, Ohio, was caught using a pen camera in the women's restroom. A female employee noticed a pen standing upright behind the door after she closed it. Thinking this was an odd place for a writing instrument, the woman picked it up, unscrewed the cap, and found a mini-camera.

     The 43-year-old pen camera owner was charged in August 2011 with three counts of voyeurism. (The company fired him.) Three months later, the judge sentenced Mucha to 150 days in the county jail followed by one year of probation. The judge also fined him $2,000. (Voyeurs who video adult women usually get lighter sentences than men who record children.)

Joshua Waguespack

     In April 2012, in LeLand, Florida, police officers arrested Joshua Waguespack, a seventh grade math teacher at St. Peter's Catholic School. The 33-year-old had used a pen camera to take videos of two girls, ages 12 and 13, who used his teacher's storage closet to change into their gym clothes. He had downloaded these images onto his iPhone and iPad.

     After pleading no contest to two counts of criminal voyeurism in February 2013, the judge sentenced Waguespack to five years in prison. (This is a relatively heavy sentence for a defendant who pleaded guilty which suggests that Waguespack has a criminal history the judge didn't like.)

Dr. Adam Levison

     Having studied at the University of California Berkeley, Georgetown University, and the New York Medical College where he graduated at the top of his class, Dr. Adam Levison taught robotic surgery at Mount Sinai Hospital's School of Medicine in Manhattan. The 39-year-old assistant Professor of Urology lived in a posh West Greenwich Village apartment. Dr. Levison had prestige, good-looks, and money. From all appearances this man had it all. He also had a lot to lose.

     On Tuesday, August 2, 2012, a New York subway transit officer, acting on a tip from two passengers riding on the train with Dr. Levison, arrested the urologist for using a pen camera clipped to a folded newspaper to take shots up women's skirts. Taken into custody at the Union Square Station during the evening rush-hour, the doctor did not protest or proclaim his innocence.

     At his arraignment the day after his arrest, the judge charged Dr. Levison with second-degree unlawful surveillance. If convicted, he faced a maximum sentence of four years in prison. Dr. Levison posted bail, and was released.

     A search of the doctor's pen camera video footage confirmed the suspicions of his fellow subway passengers and the arresting transit officer.

     Mount Sinai Hospital, two months after the subway arrest, announced that the physician was no longer employed by the institution.

     In January 2014, Dr. Levinson pleaded guilty in return for a sentence of five years probation. 

The Criminal Defendant

It is a fact of life that victims get lost in murder trials as the focus of attention shifts to the defendant in the courtroom. It is also a fact that the defendant becomes a sympathetic figure in many people's eyes. The charismatic star O. J. Simpson dominated the proceedings the moment he made his entrance into the courtroom each morning, totally aware of the effect his presence made. His cadre of lawyers, as well as one of the deputies assigned to guard him, were deferential to him. His every reaction, from his frequent exasperation to his occasional laughter, captivated the attention of the room. When photographs of the slashed victims, Nicole Brown Simpson and Ronald Goldman, lying in grotesque positions in gallons of blood, were flashed on the large screen in the courtroom, observers no longer recoiled in horror. They had become used to them.

Dominick Dunne, Justice, 2001

Tuesday, March 24, 2020

The Walter Ogrod Murder Case: Innocent Man on Death Row?

     On July 13, 1988 in Philadelphia, Pennsylvania, a citizen discovered a cardboard box sitting among trash set out on the curb to be picked up. The box containing the naked and beaten body of a 12-year-old girl. The victim, Barbara Jean Horn, had resided on a nearby street with her mother and stepfather. She had gone missing the day before.

     According to the city medical examiner, the girl in the box had been struck four times in the head with a blunt object. There was no evidence she had been raped or sodomized.

     About the time Barbara Jean Horn was abducted, several neighborhood witnesses saw a man carrying a box that matched the container the victim's body had been found in. This unidentified man was described as white, in his mid-twenties to early thirties, five-foot-six to five nine, and weighing 165 to 175 pounds.

     As possible suspects, detectives questioned the victim's stepfather; the man who had purchased a television set housed in the box the body was found in; and a third man in the neighborhood who had a history of sex crimes involving young girls. Because the suspects didn't confess, and there was no crime scene evidence linking them to the girl, no one was charged. Without productive leads, the Barbara Jean Horn investigation came to a halt.

     In 1991, three years after Barbara Jean Horn's murder, a team of cold-case investigators reopened the homicide investigation. In April 1992, detectives with the Philadelphia Police Department questioned Walter Ogrod, a 27-year-old truck driver who lived with a married couple across the street from the victim and her family. The people Ogrod lived with had a son who regularly played with Barbara Jean Horn. Mr. Ogrod did not have a criminal record.

     Walter Ogrod, described by his mother as "slow" (he was on the autism spectrum), denied having anything to do with the girl's abduction and murder. But following a grueling, 14-hour interrogation without the presence of an attorney, Ogrod broke down and confessed. He signed a 16-page confession his interrogators insisted were in his own words.

     According to Ogrod's confession, he encountered the victim when she came across the street to play with the couple's son. He lured the girl into the basement with chocolate candy, and after forcing her to give him oral sex, beat her to death with a two-by-four. He removed her clothing, washed her body, and carried her in the box to where it had been found. (Ogrod matched the general description of the unidentified man seen carrying the box.)

     Immediately after signing the confession statement, Ogrod recanted, and insisted that he was innocent.

     Walter Ogrod went on trial for murder in October 1993. The prosecution, without an eyewitness or physical evidence connecting him to the crime, relied heavily on his confession. Ogrod took the stand and professed his innocence. The jury, after deliberating nine hours, returned a verdict of guilty. However, when the judge polled the individual jurors, one of them announced that he disagreed with the verdict. The judge had no choice but to declare a mistrial.

     The second Ogrod murder trial got underway on October 1, 1996. This time the prosecution, instead of relying on the improperly obtained confession written in a style that didn't match the defendant's way of speaking, produced two jailhouse informants who testified that Ogrod had confessed to them. Both of these snitches were known in the criminal justice community for selling out inmates for their own benefit. They were, to say the least, not credible. Nevertheless, the jury, after deliberating just two hours, found Walter Ogrod guilty of first-degree murder. The judge sentenced him to death.

     In 2003, the Pennsylvania Supreme Court upheld the Ogrod conviction and death sentence.

     Over the next fifteen years, Walter Ogrod's attorneys kept fighting to establish his innocence and set him free. His story was featured in a television documentary and a movie which portrayed him as an innocent man awaiting execution.

     In April 2018, the Philadelphia District Attorneys Office's Conviction Integrity Unit opened an investigation into the Ogrod case. Two years later, attorneys with the district attorneys office filed a motion asking a judge to vacate Ogrod's conviction on grounds of police misconduct, false testimony, and exonerating physical evidence. According to the motion, Walter Ogrod was "likely innocent." The judge set a hearing on the motion scheduled for June 5, 2020.

     On March 10,  2020, Walter Ogrod's attorneys filed an emergency petition to have their client released from custody. The request was based on the fact Mr. Ogrod had symptoms of COVID-19 and required immediate medical attention.

     On March 11, officials at the State Correctional Institution at Phoenix, Pennsylvania, pending the outcome of the COVID-19 petition, placed Ogrod into isolation.

     On March 22, 2020, a common pleas judge ordered Walter Ogrod's transfer out of prison to an outside hospital for COVID-19 treatment.

Monday, March 23, 2020

Court Adjourned: The COVID-19 Effect

     Cleveland Municipal Judge Pinkey S. Carr, a nine year veteran of the bench, was holding court on the 15th floor of the city's Justice Center on Tuesday, March 17, 2020. Four days earlier, Cuyahoga County Administrative Judge Michelle Earley had ordered the postponement of municipal court hearings due to the COVID-19 pandemic. Notwithstanding that administrative order, Judge Carr issued bench warrants that Tuesday for the arrest of 33 defendants who had failed to show up for their scheduled court appearances.

     Assistant Public Defender Mark Jablonski, appearing before Judge Carr that morning, asked if he could tell his clients they did not have to come to the courthouse due to the COVID-19 situation.

     In response to Jablonski's question, Judge Carr said, "Don't call people and tell them not to show up. If they show up, I'm here."

     To the judge the assistant public defender said, "In light of the pandemic, there's no concern?"

     "For the third time," replied the judge, "I will be here. If people show up, I am here."

     Mr. Jablonski thanked the judge and walked out of the courtroom. A few minutes after his departure, Judge Carr in a mocking tone, said, "I'm gonna call and tell them don't come. I'm sure he is. Little idiot."

     On Thursday, March 19, 2020, Assistant Public Defender Mark Jablonski filed an emergency motion to temporarily disqualify Judge Carr from holding Municipal Court hearings. That day, Administrative Court Judge Michelle Earley canceled Judge Carr's 33 bench warrants.

     Cuyahoga Court Supreme Justice, Maureen O'Connor, on Friday March 20, 2020, stripped Judge Carr of her authority to hear criminal and traffic cases until a ruling was made on the assistant public defender's disqualification motion. Judge Pinkey Carr had until March 24, 2020 to file her response to the assistant public defender's motion.

     Because of COVID-19, America's criminal justice system is shutting down. People are not going to jail, prisoners are being released, and court is adjourned.

The Novelist

Novel writing, like other creative and artistic pursuits, tends to be romanticized by many and vilified by some. Novelists in America are seen as special, peculiar but mythical people whose lives have a certain magical charm, or, alternatively, as drunken, neurotic wastrels who sponge off the government and do no work. Sometimes writers themselves perpetrate these myths.

Judith Barrington, Writing The Memoir, 2002 

Saturday, March 21, 2020

Judges Who Kept Rapists Out of Prison

Judge G. Todd Baugh and Rapist Stacey Rambold

      In August 2013, after a jury in Billings, Montana found a 49-year-old high school teacher named Stacey Rambold guilty of having consensual sex with a 14-year-old student, Yellowstone County Judge G. Todd Baugh sentenced the defendant to thirty days in jail plus three years probation. The court ordered Rambold to register as a sex offender.

     Rambold's distraught victim, Cherice Moralez, committed suicide during his rape trial.

     According to Judge Baugh, even though the victim was 35 years younger than her rapist, Moralez was "older than her chronological age." The judge considered this a major mitigating factor in the case.

     On the day after his extremely unpopular sentencing of the former teacher, Judge Baugh, in speaking to reporters baffled by his sentence, stood by his ruling. "Obviously," he said, "a 14-year-old can't consent [to sex with an adult]. I think that people have in mind that this was some violent, forcible, horrible rape. It was horrible enough as it is, just given her age, but it wasn't this forcible beat-up rape."

     Stacey Rambold served his thirty days behind bars and walked free. Having avoided years in prison for ruining a young girl's life, he was one lucky rapist. The judge later apologized for his "chronological age" comments, and due to the public uproar over his sentencing of the teacher, declined to run for his fifth term in office.

Judge Marie Silveira and Rapist Timothy L. Lyman

     On December 27, 2012, 44-year-old soccer coach Timothy Lyman hosted a party for his players at his Oakdale, California house. The coach provided his young party-goers with vodka and rum. One of his guests, a 16-year-old girl, after having consensual sex with a boy her age in one of Lyman's bedrooms, passed out from the effects of alcohol. She awoke to find her coach performing oral sex on her.

     On November 12, 2013, after Timothy Lyman pleaded no contest to rape, Stanislaus County Judge Marie Silveira sentenced the coach to three years probation. Lyman was also ordered to register as a sex offender. The prosecutor and members of the victim's family were shocked and outraged by the judge's light sentence.

     In speaking to reporters after Lyman's sentencing, the victim's father said, "Whoever would do this to a 16-year-old girl is just sick. This has devastated my family. There have been lots of sleepless nights for my daughter and sleepless nights for myself. I'm just sick."

Judge James Woodroof and Rapist Austin Smith Clem

     In 2007, 19-year-old Austin Smith Clem had, on two occasions, forcible sex with 14-year-old Courtney Andrews. The rapes took place in Athens, Alabama. Clem swore the girl to secrecy. Moreover, if she told anyone, he threatened to harm her and her parents.

     Four years later, at age 23, Clem forcibly raped Andrews who was then eighteen. This time she asked a friend to report the assault to her parents.

     In September 2013, the Limestone County jury, after deliberating just two hours, found Austin Smith Clem guilty of two counts of second-degree rape and one count of first-degree rape. The jury recommended a 35-year sentence. On November 13, 2013, Judge James Woodroof sentenced the convicted rapist to a non-custody correctional program designed to make offenders "likely to maintain a productive and law abiding life as a result of accountability, guidance, and direction to services needed."

     Clem, after completing the two year program for "nonviolent, low-level offenders," was placed on probation for three years. He also paid a $2,381 fine, and register as a sex offender.

     In response to Judge Woodroof's sentence, Courtney Andrews told reporters that she was "livid" and afraid for her family. The rape victim's father said this: "We thought justice was finally being served, and although the system was very slow, it was not totally broken. We were forced to hear a judge hand down a light sentence."

     In April 2017, a Limestone County prosecutor charged Austin Clem with first-degree theft by deception. The convicted rapist had been accused in 2016 of taking money to repair vehicles and not doing the work. Clem was charged because he had no intention of fixing the cars and refused to return the money. He also violated his probation in the rape case.

     A Limestone County judge, in December 2017, revoked Clem's probation and sent him to prison to serve his 35 year rape sentence.

Friday, March 20, 2020

Criminal Adaptation

The COVID-19 related shutdown of stores and shopping malls will transform some professional shoplifters into burglars. Other criminal types will use the pandemic as an opportunity to set up fake charities and other fraudulent operations. In the economics of thievery, there is no such thing as a recession, just new opportunities to steal.

Will Criminals Self-Quarantine?

On March 16, 2020 in Blaine, Washington, the police department, on its Facebook page, posted the following tongue-in-cheek (I assume) message: "Due to local cases of the COVID-19, the Blaine Police Department is asking all criminal activity and nefarious behavior to cease. We appreciate your anticipated cooperation in halting crime and thank all the criminals in advance. We will certainly let you know when you can resume your normal criminal behavior."

Thursday, March 19, 2020

COVID-19 Policing: Arrests Without Jail, Crimes Without Charges

In Philadelphia, Pennsylvania, the police commissioner has ordered police officers in cases of larceny, burglary, prostitution, auto theft, vandalism, and certain "economic crimes" not to arrest the suspects. Instead, officers are to stop and identify the suspect, gather evidence of the crime, and file a report. Moreover, officers are no longer going to enforce bench warrants against suspects who fail to show up for court. In other words, in Philadelphia, until the COVID-19 situation is under control, 90 percent of street policing has been put on hold. While turning a blind-eye to crime may help slow down the spread of the virus, it will hasten the spread of criminal activity. In the city of Philadelphia, germs have replaced criminals as the bad guys.

Charles Bukowski On The Starving Artist

Starvation and obscurity are not necessarily signs of genius.

Charles Bukowski

Wednesday, March 18, 2020

Prosecutor or Politician?

I was raised--professionally--in the Public Integrity Section [of the Department of Justice]. I started in 1976, stayed there 12 years. [The Public Integrity Section] was formed after Watergate by then head of the Criminal Division, Dick Thornburgh, who ultimately became attorney general.

Eric Holder, U. S. Attorney General

(Eric Holder, in 2013, authorized the FBI search of Fox News journalist James Rosen's phone records on grounds of suspected solicitation of espionage. Mr. Rosen, who was soliciting information from a government leaker, was simply doing his job as a reporter. Dick Thornburgh would not have approved of this governmental trampling of the First Amendment.) 

Tuesday, March 17, 2020

Harvey Weinstein's Death Threat

     A few days before Harvey Weinstein's sentencing for raping a hairdresser and forcibly performing oral sex on a "Project Runway" production assistant, the Manhattan supreme court made public a trove of documents pertaining to the Weinstein case that had been previously under seal.

     One of the sealed documents included an email sent on October 31, 2017 to Weinstein by his spokeswoman, Sallie Hofmeister. The Hofmeister email alerted Weinstein to a story The National Enquirer planned to publish regarding accusations against Weinstein made by the actress, Jennifer Aniston.

     According to the story, Aniston had complained to a friend that during the production of the 2005 film, "Derailed," Weinstein sexually assaulted her by pressing up against her back and grabbing her buttocks. According to the Enquirer piece, "Through the years he [Weinstein] frequently stared at her cleavage and moved his mouth around, making her uncomfortable."

     The Hofmeister email also included this Enquirer revelation: "Harvey was infatuated with Jennifer Aniston. He had a massive crush on her and constantly talked about how hot she was."

     About 45 minutes after receiving Hofmeister's email, Weinstein used his iPhone to sent his spokeswoman this: "Jen Aniston should be killed."

     The National Enquirer did not publish the Aniston story, and a spokesperson for the actress called these accusations against Harvey Weinstein false.

Sunday, March 15, 2020

Floyd Mayweather and Josie Harris: Domestic Abuse and a Premature Death

     In September 2010, in Las Vegas, Nevada, Floyd Mayweather, the undefeated lightweight boxing champion of the world, entered Jose Harris' house and beat his ex-girlfriend in front of their three children. During the assault, the estranged couple's oldest son, 10-year-old Koraun, slipped out of the house and asked a security guard to call the police.

     A Clark County prosecutor charged Mayweather with felony domestic abuse. In October 2011, Mayweather pleaded guilty to the lesser charge of misdemeanor battery in return for a 87-day sentence.

     On June 1, 2012, Mayweather began serving his time at the Clark County Detention Center. Because he was a celebrity and a notorious loudmouth, corrections officials, for the boxer's own protection, isolated him from the general jail population.

     A few days into his incarceration, Mayweather's attorney filed an emergency motion asking for a modification of the multi-millionaire's sentence. The boxer's lawyer, citing "inhumane conditions" at the lockup, wanted the justice of the peace to change Mayweather's sentence to house arrest, or, at the very least, three days a week in jail and the rest of the week at home. (There are millions of Americans who would plead guilty to murder in order to be sentenced to life without parole at Mayweather's Las Vegas, palatial, 12,000-square-foot mansion.)

     So what were the inhumane conditions that required Mr. Mayweather's immediate rescue from county incarceration? Was he living off bread and water in a stifling hot cell equipped with a bucket and a lice-infested mattress? Was he fighting off rats, sexual predators, a gang of deranged skinheads, and sadistic guards? What?

     According to the 35-page sentence modification motion with the attached affidavit from Mayweather's personal physician, Dr. Robert Voy, after 10 days in the can, the boxer was getting out of shape. Incarceration was interfering, in a serious way, with his career as a prize fighter. (The previous month, in his victory over Migel Cotto, Mayweather earned $32 million.) As an inmate at the Clark County Jail, Mayweather was not able to maintain his exercise regime. And perhaps even worse, the jail's food and water were simply not up to his standards.

      Because he was forced to eat bread, fruit, and energy bars purchased from the commissary rather than the slop fed to the other inmates, Mr. Mayweather was only taking in 800 calories a day. In other words, his Clark County captors were starving him to death. Mr. Mayweather was not an ordinary beater of woman, this man was a professional. He was the holder of a world title belt, and lest one forget, he had been on the reality TV show, "Dancing with the Stars"! (His only defeat.) How could this be happening in America?

     Arguments on Mayweather's motion were heard before Las Vegas justice of the peace Melissa Saragosa on Wednesday, June 13, 2012. Ruling that Mayweather's request did not meet the criteria for sentence modification, (an illegal sentence, or one based upon an untrue assumption or mistake of fact) Judge Saragosa condemned the prisoner to serve out his full term at the Clark County Detention Center.

     When asked by a reporter to comment on Mayweather's sentence modification plea, Clark County prosecutor Lisa Luzaich remarked, "It's jail. Where did he think he was going? The Four Seasons?"

    In 2014, Mayweather's ex-girlfriend and mother of his three children, in an interview with a reporter with USA Today, discussed the assault that had landed Mayweather in jail, and what is was like living with him for ten years. According to Harris, on that night in September 2010, Mayweather yanked her out of bed by her hair, and while punching and kicking her in front of their two sons and daughter, screamed profanities. Harris said that during their decade long relationship, he had assaulted her six times.

     In 2015, Katie Couric interviewed Floyd Mayweather for Yahoo Global News. To Couric, Mayweather said, "I'm rich and I'm black and I'm outspoken. Those are three strikes right there." Regarding the September 2010 assault he had pleaded guilty to, the boxing champion said, "Did I kick, stomp, and beat someone? No, that didn't happen. I look in your face and say, 'No, that didn't happen.' Did I restrain a woman that was on drugs? Yes, I did. So if that's domestic violence, then you know what? I'm guilty of restraining a person."

     Not long after the publication of the Katie Couric interview where Mayweather essentially accused Josie Harris of being a drug addict, she filed, in a Los Angeles County Court, a $20 million defamation lawsuit claiming intentional and negligent infliction of emotional distress.

     On March 10, 2020, at 9:42 in the evening, someone made a call to the Santa Clarita Valley Sheriff's station in Los Angeles County. The caller reported an unresponsive woman in a car parked in the driveway of a home in the suburban community of Valencia. Emergency personnel with the Los Angeles County Fire Department responded to the call, and at the scene, pronounced the woman in the vehicle, 40-year-old Josie Harris, dead.

     At the time of Josie Harris' death, the $20 million dollar defamation suit against Floyd Mayweather was still pending. Harris was also working on a memoir.

     On Thursday, March 12, two days after Josie Harris was found dead in her car, the Associated Press and other news outlets reported that Floyd Mayweather, on social media, had been showing himself flashing wads of bills and partying in the red light district of Amsterdam. The 43-year-old boxing promotor posted photographs and videos of himself in the alleys known in the city for its legal prostitution, adult theaters, and sex shops. Despite Coronavirus concerns, Mayweather had been traveling around Europe.

     As of this writing, the cause and manner of Josie Harris' death remained undisclosed. A spokesperson for the Los Angles Sheriff's Department said the case was being handled as a death investigation rather than a homicide.

Stephen King On Writers and Literary Agents

Stephen King's First Rule of Writers and Agents, learned by bitter personal experience: You don't need an agent until you're making enough money for someone to steal, and if you're making that much, you'll be able to take your pick of good agents.

Stephen King, On Writing, 2000

Saturday, March 14, 2020

When in Rome: The Finnegan Lee Elder Murder Case

     In 2016, Finnegan Lee Elder lived with his parents in Mill Valley, California, an upscale suburban community in the San Francisco Bay Area. The 16-year-old was a junior at the $19,000 a year Sacred Heart Preparatory School in San Francisco's Cathedral Hill neighborhood.

     In October 2016, Elder, in a pre-arraigned fight with a fellow member of his school's football team, hurt his opponent when the teen struck his head on the pavement. The injured youth had to be placed into an induced coma. A local prosecutor charged Finnegan Elder with assault. (The disposition of the case, not a matter of public record, was resolved in juvenile court. Finnegan Elder ended up graduating from Tamalpais High School in Mill Valley.)

     In July 2019, Elder, now a student at Santa Barbara City College, was vacationing in Rome, Italy with his childhood friend, Gabriel Christian Natale-Hjorth. The young men were staying at Rome's Le Meridien Visconti Hotel.

     At eleven o'clock on the night of July 25, 2019, Elder and Natale-Hjorth were in the Trastevere section of the city, a place popular with tourists and young people. The young Americans were looking for 80 euros worth of cocaine. It was there they met, at 11:30, an Italian man named Sergio Brugiatelli and Brugiatelli's associate. Brugiatelli, a police drug informant, took the cocaine money and departed on foot to acquire the drug, leaving his associate behind with the college students. He also left behind his bicycle and his backpack that contained his cellphone.

     A short time later, when Brugliatelli returned, he handed Finnegan Elder a bag containing ground up aspirin. This led to a heated argument that ended when the two college students grabbed Mr. Brugliatelli's backpack and fled.

     Back at the Le Meridien Visconti Hotel, Finnegan Elder took a call made by Brugliatelli to the cellphone still in his backpack. The drug snitch and Elder agreed to meet on the street near the hotel where Brugliatelli would return the drug money in exchange for his backpack and phone.

     Sergio Brugliatelli had no intention of meeting Elder and Natale-Hjorth in the early morning hours on the deserted street near the college students' hotel. Instead, he reported the fraudulent drug transaction and the theft of his backpack to the authorities who dispatched two plain-clothed Carabinieri officers with Italy's military police. The officers showed up at the meeting site to question the two students from America. Neither officer was armed.

     At some point after the police officers confronted the students, Finnegan Elder pulled a serrated-edged combat knife with a 7-inch blade and stabbed the 35-year-old police officer, Cerciello Rega, eleven times. Rega, bleeding profusely, collapsed to the street as Natale-Hjorth scuffled with Rega's partner, Anorea Varriale.

     Following the knife attack, Finnegan and Natale-Hjorth fled the scene while officer Varriale attended to his dying partner. Officer Rega died a few hours later at a local hospital.

     Back at the hotel, Finnegan Elder cleaned off the knife he had brought in his luggage from California. Natale-Hjorth hid the weapon in a hotel room ceiling panel.

     Later that Friday, Italian police officers arrested Elder and Natale-Hjorth at their hotel. They were both charged with the murder of officer Cerciello Rega. The American college students were held without bail at Rome's Regina Coeli Prison.

     When interrogated, Finnegan Elder, in admitting stabbing officer Rega, claimed self defense. He said that he believed the two officers were thugs sent by Sergio Brugiatelli. Natale-Hjorth told his interrogators he had no idea his travel companion had brought a knife to Italy.

     If convicted as charged, both defendants faced life sentences. (Italy does not have the death penalty.)

     The Elder/Natale-Hjorth murder trial got underway on February 26, 2020 in Rome, Italy. At this point, due to media coverage of the case, public opinion was strongly against the defendants. Two judges presided over the trail that included a panel of six jurors. Finnegan Elder's parents were in the courtroom and planned to stay in Italy for the duration of the trial. The first few days of the proceeding were taken up with procedural issues.

     On March 9, 2020, the judges postponed the Elder/Natale-Hjorth murder trial for five weeks due to the Coronavirus crisis in the country.

Friday, March 13, 2020

Online Education

What happens when kids learn that online classes are superior to in person? The scam of colleges and universities might be over soon.

Mike Cernovich, tweet, March 12, 2020

World War II Hollywood And The American Hero

It's interesting that three of the Twentieth Century's most visual symbols of American patriotism, military heroism, and the fight for individual freedom were Hollywood actors who came of age during World War II but never saw combat. Charlton Heston enlisted in the Army Air Force in 1941 and was stationed in the Alaskan Aleutian Islands. He never saw combat. Ronald Reagan enlisted in the Army Enlisted Reserve in 1937. By the end of the war his unit had produced 400 Army training films. He never saw combat. John Wayne, the star of countless World War II movies, never served in the military. 

Thursday, March 12, 2020

Charity Johnson: The 34-Year-Old Tenth Grader

     In March 2013, 30-year-old Tamica Lincoln, the shift manager at a McDonalds in the east Texas town of Longview, took pity on a fellow-employee who identified herself as 15-year-old Charity Stevens. Stevens said she was an orphan who had been abused by her now dead parents. The five-foot, three-hundred pound girl said she needed a place to live.

     Feeling sorry for this child, Tamica Lincoln took her in and became Charity's unofficial guardian. Lincoln fed the girl, and bought her clothing. In the fall of 2014, Lincoln enrolled Charity as a tenth grade student at the New Life Christian School in Longview. To explain why there were no academic transcripts from previous schools, Charity said she had been home schooled. At the New Life Christian School, Charity made friends and earned good grades.

     Charity's life as a teenager came to an abrupt end on May 13, 2014 when Tamica Lincoln learned that the girl she had been taking care of, at 34, was four years older than her. Charity Stevens, in reality, was Charity Anne Johnson. Instead of being born in November 1997, she had entered the world in 1980.

     Upon the shocking discovery, Lincoln called the school, then notified the police. She wanted Charity Johnson out of her house.

     Following a brief police investigation, a Gregg County prosecutor charged Johnson with the misdemeanor offense of failing to identify herself to a police officer. Police officers booked the impostor into the county jail in lieu of $500 bond. (I don't know why Johnson wasn't charged with theft by deception.) According to the police, Johnson did not have a criminal record.

     Tamica Lincoln, in speaking to a local television reporter, said, "I sympathized with her, and invited her into my home. I took her in as a child, did her hair, got her clothes and shoes."

     All along, this good samaritan had been caring for an impostor. This case fell squarely into the "no good deed goes unpunished" category.

Wednesday, March 11, 2020

The Mary Haley Wade Stalking Case

     In 2014, Mary Haley Wade began teaching in the Special Education Department of Hillwood High School in Nashville, Tennessee. Four years later, Mary and her husband were going through a contentious divorce. On June 29, 2018, the school teacher was arrested on the misdemeanor charge of violating a protection order that had been filed against her by her estranged husband.

     Wade's husband claimed that she had sent him death threats, repeatedly called his place of work, posted embarrassing photographs of him on social media, and sent unwanted messages to his girl friend. As a result, the husband filed a protection order against her.

     On July 5, 2018, a judge agreed to drop the charge against Wade if, after a period of six months, she did not violate her husband's protection order.

     The special education teacher, on August 13, 2008, was again charged with violating the protection order. Six weeks later, the judge once again agreed to drop this charge if Wade stopped harassing her estranged husband for a period of a year.

     In October 2008, after leaving a handwritten note on her husband's car, a prosecutor charged Wade with yet another protection order violation. Two months later, The Hillwood High School teacher allegedly posted unflattering photographs of her husband on his Instagram account.

     Up until January 5, 2019, all of the charges against Mary Wade had been misdemeanors, but on this date the prosecutor charged her with felony aggravated stalking as well as another restraining order violation. The suspect posted her $1,500 signature bond and was released from the county jail.

     Following her fifth arrest in a period of six months, the superintendent of the Metro Public School System placed Mary Wade on administrative leave. As of this writing, Wade's felony case is pending as well as her status as a teacher at Hillwood High.

It's Insane to Plead Not Guilty by Reason of Insanity in California

      If you live in California, are seriously mentally ill, and have been accused of a violent crime, do not plead not guilty by reason of insanity. If you do, and succeed, you'll end up in a state mental hospital. It's a lot safer in prison, and you'll get better treatment.

     In 2002, in an effort to improve services in California's mental hospitals that treat the criminally insane, the state hired a private consultant to reform the system. The reformer, a professor of psychiatry at Virginia Commonwealth University named Dr. Nirbhay Singh, had come to the United States in 1987 from New Zealand. Having specialized in research on the developmentally disabled, Dr. Singh had no experience treating seriously mentally ill patients with sociopathic and predatory tendencies. He had published articles about Buddhist-inspired mindfulness (whatever that means), and alternative treatments such as the herb kava as a calming agent. Dr. Singh, in reforming California's state mental institutions, among other things, replaced individual therapy with group classes on anger management.

     Notwithstanding Dr. Singh's "reforms," the U.S. Department of Justice stuck it's long nose into the problem by suing California on the grounds the state was violating patients' rights by heavily drugging and improperly restraining these extremely violent and dangerous people. The state, rather than fight the case, agreed to a court-supervised improvement plan at four hospitals with more than 4,000 criminally insane patients. (State hospitals in Norwalk, San Luis Obispo County, San Bernadino, and Napa.)

     According to the plan, overseen by Dr. Singh, these four hospitals reduced the use of restraints, isolation rooms, and heavy drugs. The reformer dismantled several behavioral programs, and placed greater importance on bureaucracy, and the production of documentation in support of compliance with the federal mandate. Many health care workers complained that the red tape came at the expense of patient care. Much of the paperwork, according to Dr. Singh's critics, was redundant, and clinically useless. Employees, under Dr. Singh's system, had to fill out 300 new forms every month. Staff members said they no longer had time to play cards and chat with patients, activities that the patients missed.

     While he worked as the chief consultant in California, Dr. Singh also worked with mental health systems in Connecticut, Georgia, Kentucky, Louisiana, and Tennessee. In January 2011, two weeks after the Los Angeles Times published an interview with a top State Department of Mental Health official about the effects of Dr. Singh's reforms, Dr. Singh abruptly resigned. Dr. Stuart Bussey, president of the Union of American Physicians and Dentists which represents California's mental hospital's psychiatrists and medical doctors, complained that Dr. Singh's reforms did "very little to create a healthy and safe environment for patients and staff." In fact, according to studies conducted in the four hospitals involved in the federally mandated reforms, three of them had become much more dangerous places for patients and mental health workers. The ban of heavy drugs, restraints, and isolation rooms had tripled the incidents of patient-on-patient and patient-on worker assaults in three of the institutions.

     While, according to his critics, Dr. Singh didn't know beans about how to run a place for the criminally insane, he did know how to make a buck. During his nine year tenure as a California mental health consultant, he charged the state $2,500 a day. His total bill came to $4.4 million. No wonder California was broke.

     Dr. Mubashir Farooqi, a psychiatrist at one of the pilot hospitals, called the reform program a "huge, very expensive, very idiotic experiment that failed badly." But in December 2011, notwithstanding the increased violence in the three California mental hospitals, the Department of Justice asked a federal court to extend the oversight, and continue along the same reform path. According to an assistant in the Department of Justice Civil Rights Division, California's reforms had not succeeded in improving mental health "outcomes" (bureaucrats love that word) at the four institutions. "Are we where we need to be? Absolutely not," he said in an interview. In the meantime, while the federal government dabbled in the care and treatment of California's criminally insane, mental hospitals in the state were dangerous places for patients, and the people trying to help them.

     In California, the treatment of the criminally insane has not improved. And the treatment of mentally ill people generally has gotten worse as evidenced by the homeless problems in Los Angeles and San Francisco. As of 2019, notwithstanding billions of taxpayer money, 25 of the state's 58 counties have no impatient psychiatric system.

Sunday, March 8, 2020

Gender-Neutral Restroom Assault

     Rhinelander, Wisconsin is an Oneida County town of 8,000 in the northern tip of the state. On February 27, 2020, deputies with the Oneida County Sheriff's Department arrested Rhinelander High School senior Austin Sauer for the crime of fourth-degree sexual assault. The 18-year-old stood accused of exposing his genitals to a female student in the school's gender-neutral restroom.

     On March 3, 2020, school superintendent Kelli Jacobi issued the following statement regarding the arrest and alleged crime: This was not a random incident, as both students went to the bathroom voluntarily. The male student [Austin Sauer] will no longer be able to be on school grounds, and the bathroom is no longer available to students." The superintendent added that while the parents of the two students were notified, the school did not notify all of the parents because the "incident" was not a random act. After Austin Sauer's arrest, however, everyone in the community read about the alleged crime in the newspaper, or saw it on television news.

     The suspect posted his $1,500 signature bond and was released from custody. 

The Police Detective

     Many uniformed officers want to be detectives--or so they think, until they actually get that promotion. The hours are long, the frequent calls to crime scenes are burdensome, and the responsibility is tremendous. Detectives usually have at least three years of law enforcement experience before they are even considered for the position. In large jurisdictions they may be assigned to a specialized unit: Homicide, Burglary, Auto Theft, White Collar, or Narcotics. In many smaller departments they need to be expert in whatever crime they are called to investigate.

     Upon arrival at the scene the detective gets the first explanation of the event from the responding uniformed officer. The better job the officer has done, the better understanding the detective will have of the crime scene and the events that took place.

    All detectives have their own personal style. Some are gruff, some are smooth, but all the good ones have the practical knowledge of a seasoned street officer, a grasp of the forensic sciences, the legal knowledge of a prosecutor, and an ability to place people, events, and tangible and intangible evidence in space and time in order to put together an investigative scenario of the criminal event.

Alex Axelrod and Guy Antinozzi, The Complete Idiot's Guide to Criminal Investigation, 2003

A Good Question

Have we become, as American men and women, too liberated and progressive for good taste in our daily and literary use of language?

Charles Johnson, The Way of the Writer: Reflections on the Art and Craft of Storytelling, 2016

Saturday, March 7, 2020

Peter Lizon: The Husband From Hell

     In 2012, Peter Lizon, a 37-year-old native of the Czech Republic, lived with his wife Stephanie and their one-year-old son along a rural road in Leroy, West Virginia not far from Charleston in the western part of the state. The front yard to the rundown house featured a pair of signs that read: "No Trespassing," and "Guard Dog on Duty." The couple raised chickens and goats.

     On June 18, 2012, 43-year-old Stephanie and her husband were in Parkersburg, West Virginia about 50 miles south of Leroy. Peter had come to town to return a rototiller he had rented from the Bosley Rental & Supply Company. After Peter returned the item, Stephanie came back to the store alone. Walking with a pronounced limp, she said she wanted to get away from her husband, and asked if she could hide in the building until he left town. She did not want anyone in the store to call the police.

     When she came out of hiding, an employee of the rental store gave Stephanie the address of a local domestic violence shelter, and money for cab fare. Again, the obviously battered woman asked that no one call the authorities.

        At the domestic violence shelter, Stephanie, using a false name, informed her hosts that her husband had kept her in chains for ten years during which time he tortured her with hot clothing irons and frying pans. He had hobbled her by smashing her feet with a hay bailer, and periodically stomped her feet to keep them mutilated and swollen. With her ankles in shackles, she had given birth to a fully developed stillborn child whose corpse had been buried on their property. Her one-year-old son had been born at home with her in shackles. The child had never been seen by a physician.

     An employee of the shelter took 45 photographs of Stephanie's scars and bruises that included burns on her back and breasts. After being examined in the emergency room at St. Joseph's Hospital, the women at the shelter purchased Stephanie a bus ticket to her parent's home in Alexandria, Virginia. She refused the ticket because she didn't want to abandon her son who was home with his father. Someone at the shelter called the Jackson County Sheriff's Office.

     On July 5, 2012, after sheriff deputies searched the house in Leroy, and seized, among other things, a Sunbeam iron, they arrested Peter Lizon on the charge of malicious wounding. Incarcerated in the South Central Regional Jail under $300,000 bond, Lizon denied physically abusing his wife.

     Lizon's attorney, Shawn Bayliss, told local reporters that the allegations against his client were the "fabrications of a fertile imagination or a feeble mind, one of two." The attorney (I presume court appointed) didn't stop there. "My client's spouse," he said, "has never even filed a petition seeking a domestic violence protection order. She would say, and he [Peter Lizon] would agree, domestic violence has not been part of his history." Attorney Bayliss, advertising himself as the man to see if your wife accuses you of assault, in explaining away the evidence of abuse on Stephanie Lizon's body, said, "But in the most common terms, not every injury is intentional. Not every bruise is the result of some violent act. The point of all that is, don't rush to judgement until you know all the facts." The attorney's remarks infuriated domestic violence protection advocates who worried that such statements discouraged battered women from coming forward.

     On the morning of Friday, July 13, 2012, Peter Lizon appeared in the Jackson County Magistrate Court in Ripley, West Virginia for his preliminary hearing. He sat at the defense table with two attorneys. An obviously frightened Stephanie Lizon took the stand, and in response to prosecutor Katie Castro's questions, denied that her husband had physically abused her. She explained checking into the domestic violence center under a false name as simply a ploy to avoid arguing with her husband that day in front of their one-year-old son. When asked how she had acquired the burn scars on her back and breasts, the witness said they were the result of accidents. And what about her swollen and mutilated feet? And the shackle scars on her ankles? Were these from accidents as well? Yes, answered the witness.

     Following the testimony of witnesses from the rental store and the domestic violence shelter, and the introduction of the 45 photographs depicting Stephanie's scars and bruises, the magistrate bound the case over for trial. Jackson County prosecutor Katie Castro would have to make her case through third-party witnesses, and the physical evidence of abuse.

     Craig Tatterson, the special prosecutor in the case, in August 2012, moved to have the charges against Peter Lizon dropped. According to Tatterson, because the statements made to the women at the Family Crisis Center were hearsay and could not be used in court, there was not enough evidence for the state to go forward with the case. In October 2012, a grand jury sitting in Jackson County refused to indict Peter Lizon. The local prosecutor decided not to present the case again and dropped all charges.

     Eight years later, on March 5, 2020, Peter Lizon's wife Stephanie called 911 to report that while riding in the car with her husband they got into an argument. She opened the car door and tried to jump out. He punched her in the face and held onto her coat as he continued driving down the road. She finally fell out of the vehicle and ran to a house to call 911.

     Jackson County deputies took Peter Lizon into custody. A local prosecutor charged the now 45-year-old with kidnapping and malicious wounding. Stephanie Lizon was treated at a local hospital for severe bruising and abrasions. She told detectives that she had received those injuries a week earlier when her husband tied her with ropes, bound her to a chair, and beat her with a belt. The 51-year-old victim said she remained bound to that chair for two days without food or drink or access to the bathroom.

The Future of Investigative Journalism

     Investigative reporting in America did not begin with Watergate. But it became entrenched in American journalism--and has been steadily spreading around the world--largely because of Watergate.

     Now, 40 years after Bob Woodward and Carl Bernstein wrote their first stories about the break-in at the Democratic National Committee headquarters in Washington's Watergate office building, the future of investigative reporting is at risk in the chaotic digital reconstruction of journalism in the United States. Resource-intensive investigative reporting has become a burden for shrunken newspapers struggling to reinvent themselves and survive. Nonprofit start-ups seeking to fill the gap are financially fragile themselves, with their sustainability uncertain.

Leonard Downie Jr., The Washington Post, June 7, 2012 

Friday, March 6, 2020

The Terry Bean Sexual Abuse Case

      In 2014, Terry Bean, the 66-year-old Portland, Oregon real estate developer, co-founder of the Gay and Lesbian Victory Fund, and a prominent member of an organization called the Human Rights Campaign, had friends in very high places.

     Bean had friends in positions of power because he was a big-time fund raiser (bundler) for politicians in the democrat party. Bean raised $500,000 for President Obama's 2012 re-election and shoveled money into the campaigns of Hillary Clinton and Senate Majority Leader Harry Reid. Bean also gave President Obama $70,000 of his own money.

     Bean's political money funneling resulted in several visits to the White House, a trip on Air Force One, and photograph-taking sessions with House Minority Leader Nancy Pelosi.

     At a 2009 Human Rights Campaign dinner, the President thanked Mr. Bean, calling him a "great friend and supporter." (The best way to make friends with a dog is to give it bacon. The best way to make friends with politicians is to give them cash. Dogs, however, are a lot cheaper and make better, more loyal friends.)

     In 2013, Terry Bean and his 25-year-old boyfriend, Kiah Lawson, were photographed together under a picture of George Washington in the White House library. Not long after that, the couple experienced a nasty break-up. The fractured relationship would cause both men a lot of problems, problems money can't fix.

     In 2014, investigators in the Portland Police Department's Sex Crime Unit began looking into allegations made by Kiah Lawson that Bean had secretly made video tapes of men having sex in his bedroom. When questioned by detectives, Bean returned the favor by accusing Lawson of using these videotapes to blackmail him for money.

     The Bean/Lawson sex/extortion investigation took a darker turn when Lawson confessed that he and Bean had used the iPhone app Grindr to arrange a sexual encounter with a 15-year-old boy, a tryst that took place, according to Lawson, on September 27, 2013 at a hotel in Eugene, Oregon.

     In late November 2014, a Lane County grand jury indicted Bean and Lawson on counts of third-degree sodomy and third-degree sexual abuse. Following their arrests, the suspects made bail and were released from custody.

     One of Bean's attorneys, Kristen Winemiller, told reporters that her client was the true victim in the case. She said, "Over the course of several months in 2013 and 2014, Terry Bean was the victim of an extortion ring led by several men known to law enforcement. His current arrest was connected to the ongoing investigation of that case in which Mr. Bean has fully cooperated. No allegation against Terry Bean should be taken at face value."

     On September 1, 2015, Terry Bean offered the alleged victim $225,000 as a civil court settlement.  In return, the San Diego teen agreed not to cooperate with the prosecution. (As it turned out, this was not an enforceable agreement.) Lane County Deputy District Attorney Erik Hasselman told the judge that without the boy's cooperation, the state could not go forward with the prosecution. Shortly thereafter, Circuit Judge Jay McAlpin dismissed the case against the prominent gay activists.

     In speaking to reporters, prosecutor Hasselman said, "I think this result offends justice."

     In a written statement, Terry Bean wrote, "I take some measure of comfort that the world knows what I've always known--that I was falsely accused and completely innocent of every accusation that was made."

     In 2018, the alleged victim, now 20-years-old, came forward and agreed to testify against Terry Bean and Kiah Lawson. In January 2019, Bean and Lawson were re-indicted on the same charges. Eight months later, a Lane County jury, based on credible testimony from the victim, found Kiah Lawson guilty as charged. The judge sentenced him to two years in prison.

     In October 2019, the judge postponed Terry Bean's trial to the spring of 2020.
     In January 2022, after the alleged rape victim declined to testify against Terry Bean, the state dismissed the case against him.

Thursday, March 5, 2020

The Candice Walton Arson-Murder Case

     Tasha Vandiver lived in Monroe County, Georgia a few miles southwest of Forsyth, a rural town of 3,700 in the central part of the state. The 46-year-old resided in a house with her 21-year-old learning disabled son, Gerald Walton and her 16-year-old daughter, Candice Walton.

     At three-thirty in the morning of Thursday, February 27, 2020, someone reported a fire at the Vandiver/Walton house. When firefighters arrived at the scene, the structure was fully involved.

     Firefighters, while sifting through the debris, found two bodies. (The authorities, as of this writing, have not disclosed the causes of death, or if the victims were alive at the time of the fire.) Tasha Vandiver and her son Gerald were identified as the fire scene casualties. A cause and origin investigator determined that the house fire was incendiary--intentionally set. From this point on, the case was investigated as an arson-murder.

     Notably missing from the destroyed house was 16-year-old Candice Walton. Because the family car, a white Chevrolet Malibu was also missing from the dwelling, investigators assumed that the teenager had taken off with the car. The Georgia Bureau of Investigation (GBI) opened a missing person case and issued broadcast alerts for the girl's apprehension.

     At three in the afternoon that Thursday, about 12 hours after firefighters put out the fire, a sheriff's deputy in McCracken County, Kentucky near the city of Paducah, spotted Candice Walton sitting at a gas station in the white Chevrolet Malibu. The deputy detained the girl until U. S. Marshals took her into custody. She was arrested 450 miles northwest of her home in Monroe County, Georgia.

     The day after Walton's arrest, GBI agents questioned her at the McCracken County Juvenile Detention Center. A search of the white Chevrolet Malibu produced evidence that allegedly connected the teenager to the house fire and deaths of her mother and brother.

     A Monroe County, Georgia prosecutor charged Candice Walton with two counts of murder, one count of arson, and several counts of theft.

     At her arraignment in McCracken County, the suspect refused to waive extradition. That meant the state of Kentucky had 60 days to hold an extradition hearing. In the meantime, Candice Walton was held in Kentucky without bail.

     Once back in Georgia, Candice Walton was to be held at the Macon Regional Youth Detention Center. The Monroe County prosecutor indicated that Walton would be prosecuted as an adult.

The Historic Rick Jackson Fingerprint Misidentification Case

     In 1997, detectives in Upper Darby, Pennsylvania, a community outside of Philadelphia, arrested Rick Jackson shortly after Jackson's friend, Alvin Davis, was stabbed to death in Davis' apartment. In the interrogation room, detectives showed Jackson a crime scene photograph of a bloody latent print found near the body. According to a pair of fingerprint examiners with the Upper Darby Police Department, one of whom was also a police superintendent, that latent  had been left at the scene by Jackson.

     Rick Jackson didn't deny that he had been in Davis' apartment, but he denied killing him, and said he was certain the bloody print wasn't his. Jackson was actually relieved when he realized that the police were basing their case on a misidentified print. He figured that once the police realized their mistake, they would look elsewhere for a suspect.

     With Jackson so insistent that the bloody print wasn't his, Michael Malloy, his attorney, took the unique step of having it examined by outside experts Vernon McCloud and George Wynn. The retired FBI fingerprint examiners had 75 years of experience between them. Both men had been certified by the International Association of Identification (IAI). (Only a handful of the nation's fingerprint examiners have gone through the rigorous IAI certification process.) Wynn and McCloud, to their amazement, found that the bloody crime scene latent was not Rick Jackson's.

     The district attorney, confronted with a defense bolstered by a pair of prominent fingerprint experts who disagreed with the local examiners (who were not IAI certified), pushed forward with the trial anyway. In anticipation of the then unheard-of-situation of fingerprint examiners squaring off against each other in court, the district attorney brought in a fingerprint expert from another state to add quantity if not quality to the prosecution's case.

     In 1998, the Jackson case went to trial, and the jury, despite the conflicting fingerprint testimony, found Jackson guilty of first-degree murder. The judge sentenced him to life in prison without parole.

     Vernon McCloud and George Wynn were so concerned abut the fingerprint misidentification in the Jackson case, they asked the IAI to gather a group of experts to review the evidence. When the IAI panel agreed that the crime scene latent was not the convicted man's, the district attorney began to doubt his own experts, and sent a photograph of the bloody print to the FBI Lab for analysis. The examiners in Quantico, Virginia, agreed with McCloud and Wynn and the IAI panel. Rick Jackson had been sent to prison on the strength of a misidentified crime scene latent.

     In December 1999, after Rick Jackson had spent two years behind bars, his conviction was set aside, and he was set free. The out-of-state fingerprint examiner who testified at the trial was fired, but the Upper Darby examiners were not disciplined or prohibited from future fingerprint work. Moreover, they would continue to insist that they had been right, and all the experts were wrong. In 200l, Rick Jackson filed a civil suit against the examiners and the Upper Darby Police Department. He lost the case.

     The Jackson case is historic because it is one of the first cases in which the identification of a crime scene latent was successfully challenged by the defense. This and later misidentification cases raised serious questions about the scientific backgrounds and qualifications of police department fingerprint examiners. 

Wednesday, March 4, 2020

Crime and Criminal Justice Problems in the United States

1. There are too many pedophiles in our schools, churches, and government.

2. Crime lab understaffing has produced unacceptable backlogs and unreliable results.

3. The country is becoming increasingly drug-addled, drunk, and mentally ill.

4. We have a serious shortage of competent, well-trained criminal investigators.

5. There are too many unnecessary, redundant federal crimes.

6. We are giving guns to school teachers unprepared to make life and death decisions.

7. Teachers are using police officers to criminalize classroom disciplinary problems.

8,  It takes too long to execute death row prisoners.

9. Our courtrooms are contaminated with junk science and phony experts.

10. Light, plea bargained sentences for violent criminals do not fit their crimes.

11. There is a serious shortage of highly trained forensic pathologists.

12. The American media is awash in violence and pornography.

13. Criminals and terrorists are entering the U.S. through Mexico.

14. Criminal hackers pose a threat to our financial systems and national security.

15. Due to the threat of terrorism, citizens have been losing their privacy through massive governmental data collection and spying.

16. Unsupervised pedophiles and rapists on parole are reoffending at alarming rates.

17. There are untreated, violent paranoid schizophrenics on our streets.

18. Police in many cities are overwhelmed by hit-and-run cases.
   
19. Over the past five years, the U.S. has suffered an epidemic of murder-suicide cases.

20. In Chicago, Baltimore, St. Louis and many other big cities, black-on-black crime is out of control. 

Tuesday, March 3, 2020

The Alexander Hilton St. Andrews Poison Case

     In 2011, Alexander D. Hilton, a 20-year-old rich kid from Princeton, Massachusetts, attended St. Andrews University in Fife, Scotland. The sophomore prep school graduate (St. Johns) had moved to the the United Kingdom to study economics at this ancient and prestigious institution of higher learning.

     On March 5, 2011, on the eve of the annual St. Andrews ball, Hilton and a group of his fellow students were participating in a dormitory drinking game. One of the drinkers, Robert Forbes, an American from Virginia, after gulping down a bottle of red wine given to him by Hilton, became seriously ill. The 19-year-old suffered loss of balance, severe nausea, had trouble breathing, and temporarily lost his eyesight. He spent a week in the hospital. Doctors said that had Forbes not received medical treatment, he could have died.

     A few days after the dormitory drinking game, local investigators questioned Hilton about the incident. The authorities suspected that Hilton, known around the school as an anti-social oddball, had intentionally poisoned Robert Forbes. Hilton denied mixing anything into the wine. The Scottish authorities didn't have enough evidence to charge the American with a crime, but urged him to leave the country. He was also kicked out of St. Andrews. On March 18, 2011, Alexander Hilton returned to his parents' home in Princeton, Massachusetts.

     Back in Scotland, toxicological tests revealed that the red wine that had made Robert Forbes so sick had been spiked with methanol, an ingredient found in antifreeze. The sweet-smelling liquid, also known as wood alcohol, is colorless, highly flammable, and deadly. A search of Hilton's computer determined that he had investigated the toxicological effects of combining red wine and methanol. In Hilton's dormitory room, investigators found a funnel.

     After Hilton returned to the United States, he enrolled in a college in New Mexico. About a year after the St. Andrews drinking party, Hilton learned that the authorities in Scotland planned to charge him with the attempted murder of Robert Forbes. Upon learning this, Hilton dropped out of the college in New Mexico and returned to his parents' house in Princeton, Massachusetts. Seven months later, in the fall of 2012, the prosecutor in charge of the case in Scotland charged Hilton with attempted murder.

     On February 4, 2013, under an extradition treaty the United States had with the United Kingdom, United States Marshals took Alexander Hilton into custody. The federal authorities hauled the former St. Andrews student to the Central Falls, Rhode Island Detention Center where he was placed under suicide watch.

     Hilton, on February 21, 2013, appeared at his bail hearing in federal court in Boston before a U. S. magistrate judge. Assistant United States Attorney David J. D'Addio, in arguing against bail for this defendant, said, "This is an attempted murder case, a serious case, and we can't lose sight of that. The evidence before us is that Mr. Hilton deliberately poisoned a student at St. Andrews."

     Hilton's defense attorney, Norman S. Zalkind, argued that because his client was seriously mentally ill, bail should be granted in order that the defendant could continue taking his medication, and not be denied psychiatric therapy. According to the defense attorney, if Hilton remained in custody, he was "...going to get sicker and sicker and sicker." Zalkind described Hilton as an extremely intelligent person with the socialization skills of a 14-year-old. (This description probably fit half of the underclassmen at St. Andrews.) The defense lawyer wondered why someone at the university didn't notice Hilton's mental problem after he started flunking his classes. (The question in my mind is how Hilton got into St. Andrews in the first place?)

     The U.S. magistrate judge withheld his bail decision pending the outcome of Hilton's extradition hearing scheduled for March 7, 2013.

      On March 7, 2013, the federal judge certified Hilton's extradition to Scotland. Following that ruling the U.S. magistrate judge allowed the suspect to post bail. Hilton's attorneys immediately appealed the extradition certification to a federal court of appeals.

     Robert Forbes, in March 2013, filed a personal injury suit against Hilton in federal court. A federal judge later dismissed the civil lawsuit. (It may have been settled.)

     The federal court of appeals, in February 2014, granted Alexander Hilton a stay of extradition on grounds he was mentally incompetent to stand trial in Scotland.

     Hilton, in May 2015, was extradited to Scotland to stand trial in the attempted murder case. In July 2015, the defendant pleaded guilty as charged pursuant to the claim that, at the time of the poisoning, he had been mentally ill. Judge Lord Burns of the High Court in Edinburgh sentenced Hilton to three years in prison. 

The Sarai Sierra Murder Case

     Sarai Sierra, a 33-year-old Staten Island, New York wife and mother of two, on January 7, 2013, flew to Istanbul, Turkey. Sierra, an amateur photographer and student at the College of Staten Island, had planned to travel to Turkey with her friend Magdalena Rodriguez who canceled at the last minute. As a result, the part time chiropractor's office employee landed alone in Istanbul, a sprawling city of 14 million.

     During her two-week adventure in Turkey in which she resided in a basement apartment in one of Istanbul's seediest neighborhoods, Sierra remained in touch with her husband Steven, her children, and friends through her iPhone and iPad. On January 15, Sierra flew to Amsterdam where she remained three days. On January 18, on her way back to Turkey, she spend a few hours in Munich, Germany.

      When Sierra's homeward bound plane landed in New York City on January 21, she was not onboard. That is when Steven Sierra reported her missing to the Istanbul police, and made plans to travel to Turkey to search for his wife.

     Istanbul, Turkey's largest city, compared to other major metropolitan concentrations in the region, was relatively safe from violent crime. Because tourism was a big business in the city, local authorities were eager to find the missing American tourist. Members of the special investigative unit formed to find Sarai Sierra reviewed thousands of hours of downtown surveillance camera footage for a glimpse of the missing woman and clues to her whereabouts. They came up empty-handed.

     On February 2, 2013, residents who lived near the remnants of Istanbul's ancient city walls not far from the Galata Bridge that spanned the Golden Horn waterway, discovered the body of a woman. Police made a tentative identification of the corpse through a driver's license found on the body of the fully-dressed woman. The fact that Sarai Sierra was still wearing her earrings, a bracelet, a gold ring, and a necklace, ruled out robbery as a motive for her murder. Her iPhone and iPad were missing.

     Sarai Sierra had been killed by several blows to the head. The presence of a blanket near the body suggested she had been murdered elsewhere and dumped at the site not far from the busy highway.

     Not long after the discovery of the American tourist's murdered remains, a local woman came forward with information that on January 29, 2013 she had seen a man removing "something" at the presumed dump site from a white car. The witness said she saw a woman's hand protruding from the blanketed bundle taken out of vehicle by the man.

     In the course of their murder investigation, the Istanbul police detained fifteen people for questioning. Because the case had attracted so much media attention in Turkey, the local authorities were eager to bring Sierra's killer or killers to justice.

     On February 4, 2013, prosecutors in Istanbul were granted a court order allowing the acquisition of DNA samples from suspects who had been questioned in the case. DNA samples from Sierra's body and the recovery site blanket--hair follicles and scrapings from beneath the victim's fingernails--were sent to a crime lab for analysis. Also, the FBI entered the case.

     Istanbul police, in the spring of 2013, arrested a 47-year-old collector of scrap paper named Ziya Tasali. Tasali confessed to killing Sarai Sierra after she resisted his kiss in the Fatih district of the city. Tasali denied raping the victim. He said she "hit me with her phone between my two eyebrows, and I pushed her to the floor." She then picked up a rock and threw it at him. "I got very angry," he said. "I hit her with a stone I grabbed off the floor."

     The murder suspect said he was sniffing paint thinner at the time of the killing.

     On June 24, 2014, Tasali was found guilty of murder and sentenced to life in prison. 

Monday, March 2, 2020

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 had been convicted of driving while intoxicated, and in 2015 had 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. (Hillary Clinton's top aide Huma Abedin and her husband, the disgraced congressman Anthony Weiner, had once lived in the building.) By 2018, Lara Prychodko 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.