Kenneth Eade, Attorney, Author of legal thrillers
Saturday, October 31, 2020
The Internet: One-Stop Shopping For Sickos
Kenneth Eade, Attorney, Author of legal thrillers
Dystopian Science Fiction
Michael Solana, wired.com, August 24, 2014
Monday, October 26, 2020
The Power of the State
Anthony Lewis (1927-2013) legal journalist
Friday, October 23, 2020
The Master Plot
H. Porter Abbott, The Cambridge Introduction to Narrative, 2002
Thursday, October 22, 2020
John Cheever on Academic Literary Criticism
John Cheever in Writers at Work, Fifth Series, edited by George Plimpton, 1981
Wednesday, October 21, 2020
Jeffrey Toobin: A Journalist Exposed
Jeffrey Toobin, a 60-year-old journalist with a bachelor and a law degree from Harvard University, began writing about crime, politics and law for New Yorker magazine in 1993. In 2003, he became the chief legal analyst for CNN. His seven books include one about the O.J. Simpson murder case, and one about the Patty Hearst kidnapping. He also wrote a book favorable to President Obama and one critical of President Trump. In addition to a book on the U.S, Supreme Court, Toobin wrote about the sexual accusations against Michael Jackson. On CNN, he was a regular commentator and panelist.
On October 13, 2020, Toobin and three of his colleagues were participating in a ten-minute Zoom call "strategy session" in anticipation of CNN's upcoming election night coverage. During that call, Toobin's colleagues were shocked to see him masturbating.
Shortly after the bizarre incident, Mr. Toobin was suspended by New Yorker magazine and placed on leave by CNN.
On October 19, 2020, in a statement published on his computer Motherboard, Toobin, in a bit of an understatement, wrote that he had made an "embarrassingly stupid mistake. I believe," he said, "that I was not visible on Zoom, I thought I had muted the Zoom video." Mr. Toobin apologized to his wife, his family and friends, and to his co-workers at New Yorker and CNN.
Brian Stelter, one of the talking heads at CNN, referred to Mr. Toobin's unintentional exposure of an intentional act as an "accident." In so doing, Mr. Stelter was also exposed--as a journalistic hack.
There was a time when someone of Mr. Toobin's status and fame would never be able to live something like this down. In modern America, however, with President Bill Clinton as a good example, politicians and media types can shrug off huge embarrassments and move on with their careers. Perhaps this is because the public now realizes that the hypocrites in public life are no better than they are, and in most cases, worse.
On November 11, 2020, New Yorker fired Mr. Toobin.
The Fanatic Versus The Martyr
Marsha Hinds, journalist
Leonard Woolf On Serious Versus Commercial Novels
Leonard Woolf (1880-1969), husband of Virginia Woolf
Tuesday, October 20, 2020
The Daniel Sanchez Mass Murder-Suicide Case
When they were going together, Betty had loaned Daniel Sanchez $1,000, money he needed to fix up his truck. He had not paid her back as promised, so on Saturday, December 15, 2012, she arranged to meet him in the parking lot of a Best Buy on the outskirts of Denver where they would discuss how he planned to repay the loan. When Betty climbed into his vehicle, Sanchez called her names, punched her in the face, and used her cellphone to text threatening messages to her boyfriend. Against her will, Betty Siva was driven around in Sanchez's truck while he tried to talk her into checking into a hotel where they could resume their relationship. She refused, and after an hour or so, he drove her back to her car and let her out of his truck.
Betty Silva reported Daniel Sanchez to the Denver police, and on Sunday afternoon, December 16, 2012, officers took him into custody on charges of false imprisonment, second-degree kidnapping, harassment, and domestic violence. He spend the night in the Boulder County Jail, and at ten o'clock Monday night, posted his $10,000 bond and was released.
Furious over the fact the woman he loved had turned him in to the police, Sanchez drove straight from the jail to Silva's mobile home where he parked on the street in front of her dwelling. Armed with a .45-caliber, 13-round Glock pistol and an extra magazine, Sanchez entered the Silva dwelling by shooting out the glass panel to the rear sliding glass door. Once inside the home, Sanchez took Betty, her 22-year-old sister Maria, and Maria's husband Max Ojeda, hostage.
At four o'clock the next morning, Betty Silva called 911. The dispatcher overheard her say, "No, no, no." The 911 operator next heard the sounds of a gun being fired. Following the gun shots, Sanchez came on the phone and informed the dispatcher that he was going to kill himself. Again, the sound of gun fire, then silence. No one else came to the phone.
Weld County Sheriff's deputies and a SWAT team rolled up to the modular home at 4:18 that morning. Officers weren't sure how many people were in the dwelling, or if any of them were alive. At 5:30 AM, after getting no response from inside the hostage site, members of the SWAT unit stormed into the mobile home. Officers found Sanchez dead from a self-inflicted gunshot wound. They discovered 29-year-old Max Ojeda and his wife Maria dead in their bedroom. Betty Silva had been shot to death in another part of the house. Officers found 16 spent shell-casings scattered about the murder site.
In reporting Daniel Sanchez to the Denver police, Betty Silva had indicated a reluctance to go forward with the more serious kidnapping related charges. By minimizing the seriousness of Sanchez's crimes against her, Silva may have contributed to her own death, and the fate of the other two victims. Had the magistrate been convinced that Sanchez posed a serious threat of life-threatening violence, Sanchez's bail may not have been set so low. There is also the possibility that regardless of the amount of Sanchez's bail, this young woman's fate was sealed once she became this violent, unstable man's girlfriend.
Sunday, October 18, 2020
The Locard Exchange Principle in Forensic Science
Thursday, October 15, 2020
A Literary World Outsider
Besides literary biographies and autobiographies, as well as the published letters and journals of literary figures, I enjoy reading memoir/how-to books by celebrated writers. Examples of this genre include The Spooky Art by Norman Mailer, On Writing by Stephen King, On Writing by George V. Higgins, The Summing Up by W. Somerset Maugham, On Becoming a Novelist by John Gardner, None But a Blockhead by Larry L. King, and Chandler Speaking by Raymond Chandler.
My library is also stocked with collections of author interviews such as the Writers at Work series featuring the Paris Review interviews conducted by George Plimpton and his colleagues. Interviewees in this eight-book series, which ran from 1958 to 1981, include Ernest Hemingway, Irwin Shaw, John O'Hara, John Cheever, and James Jones.
I also like to read so-called "conversation with" books, collections of interviews featuring a single writer such as Mary McCarthy, Norman Mailer, Truman Capote, Gore Vidal, Graham Green, Tom Wolfe, and Eudora Welty.
In 2019, I read Cast of Characters, a book by Thomas Vinciguerra about the golden years of The New Yorker and Another Life, a biography by Michael Korda about his years as a book editor and writer. In 2020 I enjoyed The Way of the Writer by Charles Johnson.
While I've corresponded over the years with a handful of well-known authors, I've only had one literary friend. That person was the mystery writer Ross H. Spencer who died in 1998. He was a literary outsider as well,
Tuesday, October 13, 2020
Child Rapists Jerry Sandusky and Earl B. Bradley: Men Who Don't Deserve to Live
These controlling, narcissistic, remorseless, and sadistic child abusers can not be rehabilitated. While they have learned to impersonate decent human beings, except for indignation and rage, these heartless criminals are as emotionally cold as machines. They are relentless in their obsession with child sex, and no pill or shot can stop them.
Because many child rapists are intelligent, hardworking, successful, and superficially charming, we have to constantly remind ourselves of what is going on behind the pedophile's facade of respectability and decency. The fact that some of these perverts are excellent teachers, pediatricians, priests, or football coaches, is irrelevant. Moreover, our attention should not be diverted because a pedophile has friends in high places. Children most vulnerable to these sexual predators belong to parents who are either too naive, busy, stupid, or indifferent to keep an eye on adults who pay too much attention to their children. Pedophiles also take advantage of co-workers who either protect them, or are afraid to stick their necks out and report their suspicions. Pedophiles also benefit from prosecutors who shy away from cases like this.
Jerry Sandusky
Jerry Sandusky, the Penn State football coach convicted in 2011 of raping several boys, told a reporter with the Associated Press that he was "distraught" over the penalties the NCAA has issued to Penn State's football program. I have three questions about this: Why was a journalist even talking to this child molester? What relevance did Sandusky's opinion have to with anything? And who cared what he thought? If Jerry Sandusky were a real human being--one with empathy, self-awareness, and a conscience--he would not have made such an outrageous statement because he'd realize how most people would react to it. If the former football coach was "distraught" about anything, it should have been what he had done to all those children. Sandusky didn't care about the lives he had ruined.
Earl B. Bradley
In June 2011, a 58-year-old pediatrician from Lewes, Delaware named Earl B. Bradley was found guilty of raping, over a ten year period, 85 girls and one boy. All of his victims were between two and five-years old. Not only did the physician molest these toddlers, he video-taped himself doing it. When investigators, in December 2009, searched his pediatrics office, the officers found dozens of these tapes.
At his trial, presented before a judge instead of a jury, Bradley's attorneys did not argue that he was innocent. Instead, they raised a procedural defense questioning the constitutionality of the police search of his office. The judge ruled the search constitutional, found the defendant guilty, and sentenced him to 14 life sentences plus 164 years.
In August 2012, after spending a year in the prison library, Bradley sent a 15-page letter to the Delaware Supreme Court in which he asked the justices to take up the issue of the constitutionality of the office search that uncovered his child molestation sex tapes. In his appeal, Bradley did not deny raping 86 of his patients.
A normal person, under these circumstances, wouldn't be capable of mustering up outrage over a supposedly unconstitutional search. This doctor, a pedophile who raped his patients, then billed their parents, referred to the police search of his office as an "assault" on his "basic and core privacy rights."
Every breath Earl B. Bradley takes in his cell at the state prison near Smyrna, Delaware is an affront to humanity.
Monday, October 12, 2020
A Comedian's Take on the IRS
Jerry Seinfeld
Thursday, October 8, 2020
The Mother Pimp
On April 26, an undercover state officer, posing as a potential John, arranged to meet the 35-year-old mother of three at a motel in Kearney, Nebraska. Michelle Randall, accompanied by her 14-year-old daughter, offered to sell herself for $150, and/or the girl for $200. The officer flashed his badge and arrested the mother. A child protection agent took custody of the teen.
The arresting officer took Randall to the Buffalo County Jail where she was held on $250,000 bail under charges of soliciting the sexual assault of a child and possession of child pornography.
Police and child protection personnel went to Randall's home near Minden, Nebraska where they found the suspect's other two daughters, ages 7 and 9, alone in the filthy house. The girls were placed into foster care.
When questioned by the police, Michelle Randall admitted allowing her 41-year-old boyfriend, over a period of 14 months, to have sex with her teenage daughter and her seven year old. She also named some of the men who had paid to have sex with the girls.
Over the next few weeks, Nebraska police officers arrested seven men, including the boyfriend, who had paid to have sex with the 14-year-old one or more times. Three of these men had sexually molested the seven-year-old sister. They were all charged with sexual assault.
A Columbus, Nebraska man, 37-year-old Donald Grafe, had sex with the 14-year-old at a Lincoln truck stop. The other arrestees included Logan Roepke, a 22-year-old man from McCook, Nebraska; 38-year-old Alexander Rahe from Omaha; 41-year-old Shad Chandler from Lincoln; and Brian McCarthy, 25, also from Lincoln. McCarthy had pornographic images of the 14-year-old on his cellphone.
In November 2012, Michelle Randall pleaded no contest to conspiracy to commit first-degree sexual assault of a child and two counts of possession of child pornography. The judge sentenced the mother pimp to 92 to 120 years in prison.
In January 2013, Shad Chandler from Lincoln, Nebraska, pleaded guilty to sexual assault of a child. Three months later the judge sentenced him to 15 to 45 years behind bars. The other patrons of child prostitution pleaded guilty and received similar sentences. In 2013, police officers arrested three more men accused of having sex with the 14-year-old girl. These men were eventually convicted and sentenced to long prison terms.
The Short Story Market
Anne Tyler in The Best American Short Stories, edited by Anne Tyler, 1983
Wednesday, October 7, 2020
The Decline Of Newspaper Circulation
Monday, October 5, 2020
The Loss of Employee Accountability
In striving for this utopia we don't notice all the vital benefits that we lose. The freedom of people to make accountability judgments is vital to just about everything important and joyful in work life…
To see ourselves as we really are, we need the mirror of other people's views. Scientists tell us that most people are incapable of accurately judging themselves, because humans are hard-wired by nature to be self-centered. Our founders believed this as well--that a human being was an atom of self-interest. By protecting against the judgment of others, modern personnel law [employer-employee relations] fosters these worst tendencies in humans, starting a downward spiral…
One federal judge told me about presiding over a discrimination trial in which the facts of the worker's incompetence were overwhelming. As the trial progressed, it was clear to everyone in the courtroom that the worker had no claim. When the verdict came in dismissing his claim, however, the employee still couldn't see it. He sat in the courtroom in disbelief, crying in frustration at the injustice that had been done to him. Inside a legal cocoon, people let their imaginations replace reality.
Philip K. Howard, Life Without Lawyers, 2009
The First Women In American Law Enforcement
Rachel Monroe, Savage Appetites: Four True Stories of Women, Crime, and Obsession
Sunday, October 4, 2020
Yale Professor Samuel See's Jailhouse Death
Following his treatment at the Yale-New Haven Hospital, police officers booked See into the police department jail on the additional charges of interfering with police and second-degree threatening. He was placed into a cell at nine-fifteen that night.
The forensic pathologist who performed Dr. See's autopsy ruled out trauma as the cause of death. (From this I assume the professor did not hang himself or cut his wrists. And he wasn't attacked by another prisoner.)
In January 2014, Chief State Medical Examiner Dr. James Gill announced that professor See had died of a heart attack brought on by methamphetamine and amphetamine intoxication. The manner of death went into the books as accidental.
In September 2014, a See family lawyer, after reviewing police and hospital records, told reporters that Mr. See may have died of either neglect or mistreatment at the jail. Attorney David Rosen pointed out that Professor See's death had not been reported to the police for three days after his passing. Although the family was considering filing a wrongful death suit against the authorities, the lawyer conceded that there probably wasn't enough evidence of official negligence or wrongdoing to support such an action.
Saturday, October 3, 2020
The Lucious Smith Murder Case: The Dangerous Job of Helping Dangerous People
One of Ross' mentally deranged clients, 53-year-old Lucious Smith, lived in a one-story, cement-block apartment complex in Dade City, a town thirty miles north of Tampa. Smith, an anti-social person who was seriously mentally disturbed, paranoid, and violent, embodied the kind of man nobody wants as a neighbor, co-worker, relative, customer, or mental health patient. Residents of the neighborhood perceived Smith as more than just a bellicose pain-in-the-neck, they considered him physically dangerous. Because association with this man brought trouble, he was a person to avoid.
Since 1981, Lucious Smith had served four separate stints in Florida's prison system for committing various crimes of violence. In 2005, after doing seven years for aggravated battery with a deadly weapon, Smith moved into the small apartment in Dade City. (Since he didn't have a job, he must have been on the public dole). Over the next six years, police were called to investigate 60 criminal complaints against Smith that included assault, trespassing, public intoxication, and disorderly conduct. Smith constantly fought and threatened his neighbors, and as a result of his bad behavior, had been banned from the local convenience store.
As part of her job, Stephanie Ross had to visit Lucious Smith in his apartment. After three house visitations, Ross placed a notation in Smith's file that this man had made her "very uncomfortable."
On the morning of December 10, 2012, Stephanie Ross was in Dade City delivering insurance paperwork to Mr. Smith. Shortly after entering Smith's apartment, neighbors and other witnesses saw Lucious Smith chasing a young woman down the street. Stephanie Ross was yelling, "Help me! Help me!" As she ran, Smith stabbed her in the back with a butcher's knife. Smith grabbed the fleeing victim by her pony-tail and threw her to the ground. He climbed on top of his bleeding victim and plunged the knife several more times into her body.
As people ran to Stephanie Ross' aid, Smith got up and casually strolled back to his apartment. A motorist pulled up to the bloody scene and drove Ross to a nearby hospital where she died a few hours later.
Not long after the fatal knife attack, police officers found Smith waiting for them outside his apartment. They arrested him without incident and took him to the Pasco County Jail where he was held without bond. A local prosecutor charged Smith with first-degree murder. Shortly thereafter, a grand jury indicted him on that charge.
In February 2013, two psychologists hired by Smith's defense attorney testified at a preliminary hearing that Mr. Smith was still mentally ill and therefore not competent to stand trial. A psychiatrist hired by the state disagreed. As a result, the judge ruled the defendant mentally competent. However, in May 2013, after further examinations of Mr. Smith, the state mental health expert changed his evaluation. This led the judge to change his mind and rule the defendant incompetent for trial. Judge Pat Siracusa ordered that Mr. Smith be treated at a state mental hospital until doctors there determined he was competent to stand trial.
On June 11, 2013, the U. S. Department of Labor's Occupational Safety and Health Administration (OSHA) cited Integra Health Management with two workplace safety violations. According the the agency's news release, "A serious violation has been cited for exposing employees to incidents of violent behavior that resulted in death." The second violation involved the company's failure to report the workplace fatality.
In February 2014, Stephanie Ross' family filed a wrongful death negligence suit against her former employer, Integra Health Management and several other firms including the owner of Smith's apartment complex and his insurer. According to the plaintiffs, Ross' Integra Health Management supervisor, aware of her documented concerns about Mr. Smith, "took no action whatsoever." The plaintiffs' attorney, Bradley Stewart, argued that the employer violated its duty to protect Ross from violence.
Who knows how many ticking time-bombs like Lucious Smith live among us. Social workers like Stephanie Ross whose work puts them in touch with people like Smith are more vulnerable than the police who are armed and wear bullet-proof vests. Violent, out of control mental cases should not be living in open society and social workers and others who try to help them do so at great risk to themselves.
As of October 2020, Lucious Smith had not been tried for Stephanie Ross' murder. If the Ross lawsuits had been resolved with either verdicts or settlements, there is no record of these outcomes on the Internet.
The First "Selfies"
Friday, October 2, 2020
Arthur Morgan III: A Narcissistic, Remorseless Child Killer
On November 15, Morgan's boss at Creative Building Supplies Company in Lakewood, New Jersey fired him.
On November 21, 2011, just eight hours after he had called Imani Benton a bad mother and a whore, Morgan made arrangements with her to take Tierra to see a movie about dancing penguins. Four hours after Morgan promised to return the toddler, the girl's mother called the police to report Tierra missing.
Police officers from thirteen New Jersey law enforcement agencies looked for the girl and her missing father. The search came to an end when searchers found Tierra's body in Shark River Park twenty miles north of her Lakehurst home.
Homicide investigators believed that Arthur Morgan had dropped the girl's car seat, with her strapped into it, fifteen feet into a creek that ran below an overpass. The partially submerged car seat had been weighed down by a car jack. The drowned girl, still wearing her Pink Hello Kitty hat, had landed in three feet of water. (According to the father who did not deny throwing his daughter off the bridge, he heard her scream as he got back into his car.)
After leaving his daughter to drown in the creek beneath the overpass, Arthur Morgan drove to a friend's house where he had a few drinks. The next day, he boarded a train for San Diego, California.
At four in the afternoon on November 29, 2011, agents with the U.S. Marshals Service arrested Morgan at a house in San Diego. (He was arrested on a federal unlawful flight to avoid prosecution warrant. These UFAP warrants are dismissed after the fugitive is returned to the local jurisdiction.)
Back in New Jersey a few days after his apprehension, Morgan faced the charge of first-degree murder. Over the objection of his court-appointed lawyer, the arraignment judge set Morgan's bond at $10 million. Peter J. Warshaw Jr., the Monmouth County prosecutor in charge of the case, said he would seek the maximum penalty of life without parole. (New Jersey had abolished the death penalty several years ago.)
The Arthur Morgan child murder trial got underway in a Freehold, New Jersey Superior Court on March 12, 2014. In his opening remarks to the jury, prosecutor Warshaw accused the defendant of killing his daughter simply because he was angry that Imani Benton had ended their relationship. According to the prosecutor, Morgan killed Tierra to get back at his former girlfriend. Mr. Warshaw called the killing a "knowing and purposeful murder" motivated by pride and revenge.
The public defender told the jurors that her client was merely guilty of reckless manslaughter, a lesser degree of criminal homicide that carried a maximum sentence of five years in prison. Given the undisputed facts of this case, that would turn out to be a hard sell.
The murdered girl's mother, Imani Benton, took the stand as the prosecution's star witness. To the jury, Benton read a letter the defendant had sent her from the San Diego jail shortly after his arrest. In that letter, Morgan, in justifying the murder, accused members of Benton's family of abusing Tierra. He referred to their behavior as "heinous and depraved." Morgan also blamed the girl's mother for her death: "You should have come with us to the movie. It would have been so different, I'm sure. That was the plan, to go as a family."
Regarding the defendant's self-serving letter, Imani Benton testified that, "If I would have gone to the movie, we wouldn't have gone to the movie. We all would be dead."
One of the defendant's co-workers at the Lakewood lumber yard testified that Morgan had been paid every Tuesday, and by Friday, he was broke. According to Tulio Bazan, the defendant spent a lot of money on clothes. "He showed me the Gucci sunglasses, a Gucci wallet, and the Gucci shoes." Morgan told the witness that the wallet itself cost him $400.
In mid-April 2014, the jury in Freehold, New Jersey, following a short period of deliberation, found Arthur Morgan guilty as charged.
Six weeks after the guilty verdict, at his May 28, 2014 sentence hearing, the convicted murderer apologized to Imani Benton for the breakdown of their relationship. (He didn't apologize for killing their daughter.) "I want to say I'm sorry for the deterioration of what I thought was a beautiful friendship between the two of us that blossomed into a daughter. For anybody that was truly affected by this, I hope we can all heal from the situation, knowing that Tierra is in a better place." (In other words, he was the victim in this story.)
As one might expect from a narcissistic sociopath with a god-complex, the convicted murderer whined about the media coverage of the trial. He said he didn't like newspaper photographs that depicted him as either angry or inappropriately jolly. He informed the court that had he known that reporters would make negative comments about his designer courtroom attire, he would have dressed more modestly.
The complaining sociopath also rambled on about how badly his murder victim had been treated by members of Benton's family. He contrasted that behavior to how, before he murdered his daughter out of wounded pride, he had been such an excellent father.
Judge Anthony Mellaci, Jr., before handing down Morgan's sentence, lamented that New Jersey no longer imposed the death penalty. "You'd be candidate number one for its imposition," he said. "Your actions were horrific, unthinkable and appalling. This child was alive when she was placed in the water in pitch darkness. She had to suffer the unthinkable action of having water rush in and fill her lungs while strapped into that car seat. This child suffered before she died."
Judge Mellaci sentenced the remorseless sociopath to life in prison without the possibility of parole.