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Wednesday, January 31, 2024

The James Sullivan Murder-For-Hire Case

     In 1977 James Sullivan, a 34-year-old owner of a liquor distributorship in Atlanta married Lita McClinton, a debutante from one of the city's socially prominent families. She was black and he was white, and her parents, Emory and Jo Ann McClinton, were not pleased with the marriage. Sullivan was a flashy self-made millionaire who had grown up poor on the mean streets of Boston. Ten years older than his bride, he had been married before. Having learned from experience how costly a divorce could be, Sullivan had talked Lita into signing a prenuptial agreement that limited her, in the event of a divorce, to a three-year annual stipend of $90,000. The contract allowed her to keep all of the jewelry she had acquired during the marriage.

     The newlyweds moved into an opulent townhouse in an Atlanta subdivision called Buckhead. Sullivan purchased a second house four years later in Palm Beach, Florida. While in Florida vacationing without his wife at his new oceanfront property, Mr. Sullivan met Hyo-Sook-Choi Rogers, a young woman from South Korea who went by the name Suki. In August 1985, fed up with her husband's infidelity, Lita kicked him out of the Atlanta townhouse. She also filed for divorce and announced that that she was contesting the enforceability of the prenuptial agreement.

    Shortly after the breakup a domestic court judge granted Lita $7,000 a month in temporary alimony. The cash strapped Sullivan, burdened with four car payments, a $900,000 balloon mortgage on the Palm Beach mansion and a girlfriend to impress and keep happy, sold his Atlanta liquor distributorship. Although he had convinced the judge to lower the alimony payments to $2,500 a month, Sullivan had not paid Lita any money. His refusal to pay forced her back into court. Sullivan also pressed the judge to enforce the prenuptial contract. Through her attorney Lita demanded, in addition to the monthly alimony payments, the townhouse, one of the Mercedes and $200,000 in cash. At this point James Sullivan had already spent $100,000 in lawyer fees and saw no end to the outflow of money. The divorce was bleeding him dry.

     At eight-thirty in the morning of January 16, 1987, a resident of the Buckhead condominium complex saw a man approach Lita Sullivan's front door carrying flowers. The door opened and the man disappeared inside. A few seconds later the neighbor heard two gunshots in rapid succession. The man who had delivered the flowers ran out of the house, climbed into a car and drove off. The witness found Lita Sullivan in the foyer lying on her back with her face covered in blood. A dozen pink long-stemmed roses lay on the floor next to her body. The neighbor called 911 and tried to stop the bleeding by pressing a towel against Lita's face. She died in the ambulance as it raced to the hospital.

     The autopsy revealed that Lita had been shot in the face at close range by a .9mm pistol. Investigators at the scene recovered the shell casing and determined that the shooting had not been motivated by robbery. As a result detectives suspected that the murder was a contract killing orchestrated by the victim's husband. At the time of Lita's murder her estranged husband was in Palm Beach, Florida. There was no question that Lita's death would save James Sullivan a lot of money.

     A month after Lita's murder James Sullivan married Suki Rogers. Detectives still hadn't identified the triggerman, located the murder weapon or acquired solid evidence linking Sullivan to the homicide. Nevertheless, in September 1987, a Fulton County Grand Jury sitting in Atlanta indicted him for the contract murder of his wife. A few months later a judge set aside the indictment on the grounds it was based entirely on motive.

     With the murder investigation dead in the water, the FBI took over the case. (Criminal homicide is not a federal offense unless it is committed under special circumstances such as in the course of a kidnapping, bombing, bank robbery, organized crime activity or pursuant to an interstate conspiracy to commit murder-for-hire. Under Title 18 United States Code Section 1958, a single interstate telephone call in furtherance of a murder plot gives the FBI jurisdiction. FBI agents investigate about a hundred murder-for-hire cases a year.)

     Three days before Lita Sullivan's murder someone from a Howard Johnson Motel in Atlanta made a collect call to the phone in James Sullivan's house in Palm Beach, Florida. The call had been placed from room 518 which had been registered to a Johnny Furr. Forty minutes after the murder, someone using a pay phone at a highway rest stop just outside of Atlanta had called James Sullivan's house. That conversation lasted less than a minute. FBI agents, unable to identify Johnny Furr assumed the name was an alias. The federal investigation stalled, and for the second time, the Sullivan case went dormant.

     In 1990 James Sullivan became embroiled in yet another fight to save his assets from a wife who was divorcing him. This time it was Suki. The investigation into Lita Sullivan's murder sprang back to life when Suki, testifying in a divorce proceeding, claimed that Sullivan had threatened to have her killed by the man he had paid to murder Lita. Questioned by the FBI, Suki said that Sullivan never mentioned the hit man by name. The federal prosecutor went ahead with the case anyway, and in November 1992, James Sullivan went on trial for paying an unidentified man to murder his estranged wife Lita. Following Suki's testimony, which comprised the principal evidence against the defendant, the judge, ruling that the government had failed to present enough proof to establish a prima facie case, directed a verdict of not guilty. James Sullivan walked out of the federal court house that day a free man.

     Emory and Jo Ann McClinton, convinced that James Sullivan had paid to have their daughter Lita murdered, filed a wrongful death suit against their former son-in-law. The plaintiff's case, filed in Atlanta, hinged on the testimony of Suki Rogers and the phone calls between Atlanta and Sullivan's Palm Beach home just before and after the fatal shooting. The identity of the triggerman, however, remained a mystery. The jury, applying the lesser burden of proof that applies to civil trials, found in favor of the McClintons, awarding the plaintiffs $4 million in damages.

     In late 1997, more than ten years after Lita Sullivan's murder, a woman from Beaumont, Texas named Belinda Trahan gave the Atlanta police the missing piece of the Sullivan case puzzle. She identified Johnny Furr as her ex-boyfriend Anthony Harwood, a forty-seven-year-old truck driver from Albemarle, North Carolina. After they had broken up, Harwood continued to visit her in Texas. Belinda described Harwood as a violent, abusive man who had repeatedly threatened to kill her if she told the police that he was the man who had delivered the roses and shot James Sullivan's wife.

     According to Belinda Trahan, two weeks before Lita Sullivan's murder, she and Harwood had conferred with James Sullivan in an Atlanta restaurant where Sullivan handed Harwood an envelope stuffed with $12, 500 in cash. The men had first met in November 1986 when Harwood hauled Sullivan's household goods from Georgia to Florida. Sullivan told the truck driver that he wanted his gold-digging wife murdered and offered him $25,000 to do the job.

     Interrogated by Atlanta detectives in January 1998, Harwood admitted that he had taken the hit money and that he was the Johnny Furr who had called Sullivan from the motel before and after Lita Sullivan's murder. Shortly after the shooting Harwood called Sullivan in Palm Beach and said, "Merry Christmas Mr. Sullivan, your problem has been taken care of." Harwood refused to admit, however, that he was the man who had delivered the flowers and shot Lita McClinton in the face. He claimed that he had just been the getaway driver for the triggerman, a guy he only knew as "John the Barber." Although detectives didn't believe that "John the Barber" existed, the prosecutor allowed Harwood to plead guilty to the lesser homicide offense of voluntary manslaughter. In return, Harwood promised to testify against the prosecutor's main interest in the case, James Sullivan. Harwood's refusal to take responsibility for being the hit man did not, in any way, weaken the murder-for-hire case against the mastermind.

     A Fulton County Grand Jury, for the second time, indicted James Sullivan for the murder of Lita McClinton. (Double jeopardy didn't apply because Sullivan had been first tried for this crime in federal court.) On April 24, 1998, before the police took him into custody, Sullivan fled to Costa Rica. From there he traveled to Panama, Venezuela and Malaysia before settling in Thailand where he purchased a luxurious beachside condominium. Under his true name he opened a bank account, acquired a driver's license and lived with a Thai woman who assumed the role of housekeeper and wife. As fugitive from American justice, James Sullivan was living the good life in a tropical paradise.

     Five years after fleeing the country to avoid prosecution, James Sullivan, on the FBI's most wanted list, still resided in Thailand. The Royal Thai police arrested Sullivan in 2002 after the television series "American's Most Wanted" featured his case. A viewer who knew of Sullivan's whereabouts called the FBI. Sullivan fought extradition and lost. In March 2004 the FBI brought him out of Thailand and placed him in the Fulton County Jail. Still a man of means, he prepared for his upcoming trial by hiring a team of first-rate defense attorneys. True to his working-class Irish roots he was not going down without a fight.

     The murder-for-hire trial, shown on Court TV, got underway on February 27, 2006. If the jury found the defendant guilty of the 19-year-old murder the jurors could sentence him to death or put him away for life. Either way the 64-year-old convict would die in prison. For Mr. Sullivan the stakes were high.

     The heart of the prosecution's case involved the testimony of Belinda Trahan and her former boyfriend, Anthony Harwood. Trahan, a slender 41-year-old with long blond hair and a sophisticated demeanor, told the jury that she may have given Harwood the idea of posing as a deliveryman. Three days before the murder, when he expressed concern that Lita Sullivan might not open her door to a stranger, she said, "Anyone knows if you want to get a woman to answer the door all you have to do is take her flowers." When Harwood returned to North Carolina after the murder he said to her, "The job is done."

     Anthony Harwood, already convicted of voluntary manslaughter and serving a twenty-year sentence, took the stand to repeat his "John the Barber" story. His testimony against James Sullivan, however, was devastating. The prosecutor asked the 55-year-old witness if he felt remorse for his involvement in Lita McClinton's murder. The witness replied, "I guess I do, by what you may call proxy. I believe we're all accountable for our acts, but I guess if you get down to the brass tacks of it, it all began with Mr. Sullivan."

     On the advice of his attorneys the defendant did not take the stand on his own behalf. With only two witnesses the defense presented its case in less than an hour. On March 13, 2006, following the two-week trial, the jury, after deliberating less than an hour, found James Sullivan guilty as charged. The judge sentenced him to life without the chance of parole. For Lita McClinton's parents, after a nineteen-year ordeal, justice had been done. But it had come at a high price. Anthony Harwood, the man they believed had killed their daughter, in return for his testimony against the mastermind, had been given a relatively light sentence. If Harwood's girlfriend had called the police instead of recommending that he deliver her flowers, their daughter may not have been murdered.

Monday, January 29, 2024

Vehicles In The History of American Crime

     The invention and popularity of the automobile changed and defined the nature of criminal behavior in America and around the world. The motorized vehicle became the instrument and the fruit of crime. Cars, in the old days referred to as "machines," provided a degree of mobility that changed the nature of law enforcement as well. By 1920 police departments across the country were entirely motorized, and soon after that, they were equipped with two-way radios. In 1926 the U.S. Supreme Court, in U.S. v. Carroll, held that an automobile could be searched without a warrant if there was probable cause to believe the vehicle was being used in the commission of a crime. In those days the offense often involved the transportation of contraband liquor. A motorized America and the resultant mobility of the criminal contributed to the federalization of American law enforcement. By the 1930s bank robbery, kidnapping, interstate car theft and transporting prostitutes across state lines (White Slave Traffic Act) became federal offenses investigated by the FBI. By 1947 the FBI Crime Lab featured a reference collection of tire treads against which crime scene impression could be compared.

     Many crime and police history buffs are fascinated with vehicles owned or used by serial killers, mafia bosses, depression era bank robbers and famous murder victims. People who collect and restore old cars are interested in this aspect of crime history as well. Police and crime museums around the country exhibit old police cars, paddy wagons and vehicles that had been used in historic regional crimes.

Bonnie and Clyde Death Car

     On May 23, 1934 a small army of cops in southern Louisiana ambushed the depression era outlaws Bonnie and Clyde. In a barrage of bullets the police riddled the couple's 1934 gray Ford sedan, killing them both. These folk-hero degenerates had stolen the deluxe sedan in Topeka, Kansas from a woman named Ruth Warren. (For awhile the car was known as the "Warren Death Car.") When the federal government refused to release the blood-soaked Ford, Ruth Warren, realizing its value as crime memorabilia, sued the government and won.

     From 1940 to 1952 the shot-up Ford was on exhibit at an amusement park in Cincinnati, Ohio. In 1952 a man with the name Ted Toddy bought the car for $14,500. During the 1980s the Bonnie and Clyde vehicle sat on display at several casino-resorts in Nevada. In 2017 it could be seen at Whiskey Pete's Resort and Casino in Prim, Nevada. (In January 2012 at an auction in Kansas City, Missouri a collector bought two Bonnie and Clyde bank robbery guns. The Thompson submachine gun and the 1897 Winchester 12-gauge shotgun were recovered in 1933 from the couple's hideout in Joplin, Missouri. The collector paid $210,000 for the weapons.)

Al Capone

     The vicious prohibition era gangster from Chicago, during his murderous career as a bootlegger, owned several cars. The vehicle most closely associated with Capone is a 1928 green Cadillac limousine. The armor-plated V-8, equipped with bullet-proof windows sold for $621,500 at a 2010 auction in California. The fact President Franklin D. Roosevelt had used the car after Capone went to prison added to its value.

The Lindbergh Kidnap Car

     Bruno Richard Hauptmann, on the night of March 1, 1932 drove his 1930 blue Dodge sedan from the Bronx, New York to the Charles Lindbergh estate near Hopewell, New Jersey. The 36-year-old unemployed carpenter used a homemade wooden extension ladder, compressed across the back seat of his car, to climb to the Lindbergh baby's second-story nursery window. In West Trenton at the New Jersey State Police Museum and Learning Center the kidnap ladder is on display. But the Museum does not possess the car Hauptmann used to commit the "crime of the century."

     In 1958 after the state of New Jersey sold Hauptmann's Dodge at auction for $800, it disappeared. If you own a 1930 4-door Dodge that was once blue, check the vehicle identification number against the VIN on record at the New Jersey museum. You might own an important piece of American crime history.

Ted Bundy's "Teaching Tool"

     Crime memorabilia collector Arthur Nash in 2010 sold the 1968 Volkswagen Beetle owned by the executed serial killer Ted Bundy to the privately owned National Museum of Crime and Punishment in Washington, D.C. (The museum opened in 2008.) In the 1970s Bundy lured many of his female victims into the car where many of them were raped and murdered. Museum speakers at the vehicle's unveiling, aware that critics would accuse them of using Bundy's death car to extract admission fees from true crime sickos, insisted they were using the Volkswagen as a "teaching tool." At the highly publicized unveiling one of the museum owners said, "Specifically, we don't recommend hitchhiking to anyone. This car represents a warning sign that you have to be careful."

JFK Assassination Vehicles

     Early in 2011, at an auction in Scottsdale, Arizona, a bidder paid $120,000 for the ambulance that had carried the slain president, on November 23, 1963 from Andrews Air Force Base to the Bethesda National Hospital in Maryland. There has since been a debate over the authenticity of this purchase. Some believe the ambulance is a fake.

     In 2012 the same auction house offered for sale the 1963 Cadillac hearse used to carry President Kennedy's body from the Dallas hospital to Air Force One at Dallas Love Field.

Other Infamous Vehicles

     A few other collectible crime cars include: John Dillinger's 1933 Essex-Terraplane; the 1931 black Lincoln owned by Dutch Schultz; O. J. Simpson's 1995 white Ford Bronco; and the D.C. Snipers's Chevrolet Caprice.

Sunday, January 28, 2024

The G E Mound Case

     The G E Mound Case is a narrative nonfiction account of the controversial federal prosecution of five Indian relic collectors involved in the archaeological destruction of a 2000-year-old Indian mound on land owned by a General Electric plastics plant near Mount Vernon, Indiana.

     Art Gerber, a prominent artifact collector, amateur archaeologist and professional photographer from Tell City, Indiana, an Ohio River town located not far from the mound in the southern tip of the state, became the target of the federal investigation of the mound's destruction. Gerber, one of dozens of collectors who hunted relics on the site, had been on the mound in the summer of 1988 on three occasions. The site had been destroyed six weeks earlier by a G E earthmoving contractor pursuant to a landscaping project around the plant's newly built reception center.

     Although G E officials knew they were using soil from an Indian mound for landscaping fill, Art Gerber and the other collectors were prosecuted to placate Native American activists, professional archaeologists and others who consider artifact collecting and amateur archaeology a form of archaeological looting.

     The post-destruction analysis of the so-called G E Mound revealed that it was one of the most important Hopewell era (Middle Woodland) sites ever discovered. The criminal convictions of Art Gerber and the other collectors made legal history because the defendants were held culpable federally even though the artifacts had been removed from private land. To achieve this the federal district judge broadly interpreted an arcane, never before used provision of the 1979 Archaeological Resource Protection Act. The unusual conviction was upheld by the federal appeals court in Chicago. Gerber's appellate attorneys appealed that decision to the U.S. Supreme Court that declined to review the case.

     The G E Mound Case features Art Gerber's fight to defend amateur archaeology and Indian relic collecting. On a personnel level the story involves his struggle against powerful political forces to avoid going to prison. Up against Native American activists who hated him, professional archaeologists who disapproved of his collecting, a well-organized corporate public relations machine, a biased media and an aggressive federal prosecutor, Art Gerber lost his financial security, his health and his freedom. Eventually the case would also cost him his marriage.

     Once Art Gerber was on his way to federal prison Native American activists and professional archaeologists, allies in the anti-collecting movement, turned on each other in a war over who controlled the 5,000 G E Mound artifacts that had been turned over to the FBI. The archaeologists wanted to study the relics. Native American wanted them returned to the earth. With the hasty reburial of these unique clues to the ancient past, the Native Americans won that fight. The G E Mound Case is set against the ongoing war over who owns the ancient relics of America's prehistoric past.

     Mr. Gerber died on August 28, 2017 at the age of 79. 

Saturday, January 20, 2024

Gabe Watson and The Honeymoon Murder Case

     On October 11, 2003, 26-year-old David Gabriel "Gabe" Watson married Tina Thomas, the human resources manager for a small southern department store chain. The couple met while students at the University of Alabama at Birmingham. Shortly before getting married, Tina, in anticipation of her honeymoon, took beginning scuba diving lessons that included eleven dives in a flooded Alabama quarry. Gabe, a more experienced diver, had taken advanced courses. He had also made a total of 55 dives, 40 of which had been in the quarry. In 1999 he became certified as a rescue diver.

     Ten days after the wedding Gabe Watson and his 26-year-old wife began their Australian honeymoon. In Sydney they visited the Taronga Zoo and attended a Shakespeare play at the Sydney Opera House. On October 22, 2003 the honeymooners began a 7-day dive expedition on the Great Barrier Reef and Coral Sea. Day one of the adventure involved being taken on the Townsville Dive Company's vessel "Spoilsport" to the historic Yolonga shipwreck, 48 nautical miles southeast of Townsville in Queensland, Australia. Gabe and Tina were accompanied by rescue divers Dr. Doug Milsap and Dr. Stanley Stutz, an emergency room physician from Chicago.

     Shortly into the dive Dr. Stutz saw Mr. Watson swim to his wife and embrace her. When they separated, Gabe began rising to the surface as she sank to the sea bed where she drowned. Rescuers recovered Tina Watson's body not far from the shipwreck.

     When asked to explain what happened to his wife Gabe said he and Tina, shortly after going into the sea, had encountered strong currents. She panicked and as he approached to help she knocked off his mask and air regulator. He couldn't hold her and she floated away and began to sink. Because of an ear problem Gabe said he was unable to go after her. As she drifted to the bottom of the ocean he swam to the surface to summon help.

     On October 27, 2003, five days after the drowning, detectives with the Townsville Police Department questioned Gabe Watson. He said that during the struggle he had tried but failed to activate his wife's buoyancy control vest. "I remember," he said, "shouting through my regulator, 'Tina, Tina, Tina.' In the back of my mind I was thinking these people [the other divers] could see us, or at least think something odd was going on. I pretty much lost it."

     Members of the Australian State Dive Squad assisted in the investigation of Tina Watson's drowning by conducting reenactments of her dive. Several members of the investigation team had problems with Gabe Watson's explanation of the drowning and suspected foul play. In the meantime, the tabloid press in Australia, England and the United States called Tina's death "The Honeymoon Murder," and by implication, portrayed Gabe Watson as a cold-blooded killer motivated by his wife's life insurance.

     Four years passed with nothing happening in the case. Then on November 13, 2007 the story jumped back in the news when the authorities in Australia held an inquest into Tina Watson's death. (I'm not sure why, after four years the authorities decided to re-open the case. Perhaps it was pressure from Tina Watson's family.) Back in the U.S. on August 15, 2008, Gabe Watson married a woman named Kim Lewis. Three months after his second marriage an Australian grand jury indicted him for murdering his first wife in October 2003.

     Watson, in May 2009, returned to Australia on his own accord to face the murder charge. A month later, in the Queensland Supreme Court in Brisbane, he pleaded guilty to the crime of manslaughter. While he had not intentionally killed his wife, Watson was admitting that he had been criminally negligent in not saving her. The Australian judge, believing that the defendant had not murdered his wife, that he had loved her and felt guilty that he hadn't saved her, sentenced Watson to one year in prison. The judge criticized the media he believed had journalistically convicted Watson of murdering his wife.

     The one-year prison stretch infuriated Tina Watson's family and prompted the Australian prosecutor to appeal the sentence to the Queensland Court of Appeals. In September 2009 the three-judge appeals panel upped Watson's punishment to 18 months behind bars.

     If Gabe Watson thought the matter of his first wife's 2003 death was behind him he was wrong. In October 2010 a grand jury sitting in Birmingham, Alabama indicted him on charges of murder for pecuniary (monetary) gain and kidnapping by deception--allegedly luring her to Australia so he could drown her. A month after the Alabama indictment, Watson, having served his 18 months in the Australian prison was free. 

     On November 25, 2010 the Australian authorities deported Mr. Watson back to America. Before they did, however, the U.S. Attorney General gave them assurances that if convicted he would not be sentenced to the death penalty. As soon as he got off he plane in the U.S. Gabe Watson was taken into custody. The prosecutor in Alabama asked the judge to deny Watson bail, but in December a judge set his bond at $100,000. The defendant made bail and was able to help his attorneys prepare for his trial.

     Watson's defense team presented two key legal arguments. First, that the United States did not have jurisdiction in a death that occurred in Australia; and second, that trying him twice for the same drowning amounted to double jeopardy. The prosecutor in Alabama argued successfully that he had jurisdiction because, according to his theory of the case, Watson had planned to kill his wife in Alabama for the travel and life insurance benefits. (As it turned out, Watson was not the beneficiary of his wife's life insurance policy, her father was.) Double jeopardy didn't apply in this case because Watson's first conviction was in another country.

     Gabe Watson's attorneys were prepared to argue that Tina Watson's death had been a tragic accident caused by her inexperience as a diver and a previously diagnosed heart problem. On the other side, the prosecutor hoped to convince the Alabama jury that Watson had switched off his wife's air supply, held her in a bear hug until she died, turned her air back on, then let her sink to the ocean floor.

     Colin McKenzie, a diving expert involved in the original Australian investigation had concluded that "a diver with Watson's training should have been able to bring Tina up." But after reviewing Tina's and Gabe's diver logs certificates and her medical history, Mr. McKenzie changed his mind. Based on this new information, the expert concluded that Gabe Watson should not have been allowed in the sea with a woman with no open water scuba diving experience.

     The Watson murder trial got underway on February 13, 2012 in the Jefferson County Courthouse in Birmingham, Alabama. Once the jury of eight women and four men were empaneled, the prosecutor, Don Valeska and defense attorney Joe Basgier made their opening statements.

     On February 21, after prosecutor Valeska had presented the bulk of his case the trial took a bad turn for the prosecution. Valeska had put funeral director Sam Shelton on the stand and was directing his testimony toward how, at Tina Watson's funeral, the defendant had asked about retrieving his wife's engagement ring from the casket. The prosecutor intended this line of questioning to establish the monetary motive behind the killing. Judge Tommy Nail, from neighboring Montgomery County, did not like what he heard. Interrupting the prosecutor's direct examination, the judge said, "I took my grandmother's engagement ring when she was buried. I think it's quite common." Turning to the witness, Judge Nail asked, "Is it common?" In response to the judge's question the funeral director answered, "It's quite common."

     Still fuming, Judge Nail excused the jury, then spoke to prosecutor Valeska: "You mean to tell me that [Gabe Watson] bought the engagement ring, married her, he and his family paid for a wedding, he planned and paid for a honeymoon half way around the world, all so he could kill her to get an engagement ring he had bought for her in the first place?"

     Although the jurors didn't hear Judge Nail rip the heart out of the prosecutor's case, it became clear where the judge stood on the issue of the defendant's guilt. Suddenly a conviction, a risky proposition from the beginning, looked like a long shot.

     Judge Tommy Nail, on Thursday, February 23, 2012, directed a verdict of not guilty after the prosecutor rested his case. In the judge's opinion, viewed in a light most favorable to the state, there was not enough evidence to make a prima facie case of guilt against Gabe Watson. As a result there was no need for a defense. The trial was over.

     Only Gabe Watson knows if he killed his wife. The Alabama prosecutor should have left well enough alone after Watson's 2009 guilty plea and his 18 months in the Australian prison. There was simply no hard evidence in this case of a premeditated murder. Moreover, this weak case cost the state of Alabama a lot of money. Several of the prosecution's witnesses had been flown over from Australia. Sometimes prosecutors, attracted by the limelight and the chance of convicting a big-fish defendant, go too far. Both of the judges in this case--the one in Australia, and Judge Nail--did not believe Gabe Watson had murdered his wife. The prosecutor knew this but went ahead with the case anyway.

     A book about the case called A Second Chance for Justice by a pair of Australian criminology teachers came out in February 2013. Dr. Asher Flynn lectured at Monash University. Dr. Kate Fitz-Gibbon taught criminology at Deakin University. According to the authors the Australian authorities accepted Watson's guilty plea to save money. The authors believed that Gabe Watson had murdered his wife.

Monday, January 15, 2024

Tracey Richter: One Scheming, Dangerous Woman

     Tracey Richter's adversarial and bellicose history with her husbands is a cautionary tale for professional men trolling for wives. Her story is a real-life "Play Misty for Me" horror film featuring an attractive sociopathic revenge-oriented protagonist willing to do whatever it takes to dominate, humiliate and defeat her male antagonists. In Tracey Richter's case her enemies were her estranged husbands. To stand between this woman and what she wanted, to incur her wrath, was like stepping in front on an oncoming train.

     In 1992 the Chicago native lived in Virginia with her first husband, a plastic surgeon named Dr. John Pitman. That year, Tracey Richter, then 27 pleaded no contest to the charge of discharging a firearm during an argument with him. In return for her plea she received a probated sentence. Before they were divorced in 1996 Tracey Richter accused Dr. Pitman of sexually abusing their 3-year-old son Bert. A judge eventually dismissed the case for lack of evidence. Following the divorce Tracey Richter and her son moved back to Chicago.

     In 1997 Tracey Richter met and began dating Dr. Joseph La Spisa, a Chicago based oral surgeon. That relationship soured when, pursuant to an attempt to extort $150,000 from the doctor, she accused him of sexual assault. Although later exonerated the scandal cost Dr. La Spisa his dental practice.

     About the time she was making life miserable for Dr. La Spisa, Tracey Richter met a man online from California named Michael Roberts. Shortly thereafter Tracey Richter married Mr. Roberts. They separated in 2000. The three-year marriage produced two children, ages one and three. At the time of the separation from Michael Roberts Tracey Richter was battling Dr. Pitman for custody of their 10-year-old son Bert. If she lost this fight she would lose her son and the $1,000-a-month child support payments.

     In 2001 Tracey Richter, now 35, resided with her son Bert and the two younger children in Early, Iowa, a small town 100 miles north of Des Moines. On December 31 of that year she called 911 to report that she had just shot an intruder to death who, along with another man, had broken into her house and tried to strangle her with a pair of pantyhose.

     Upon arriving at the dwelling police discovered, in Richter's bedroom, the body of 20-year-old Dustin Wehde. He had been shot nine times with a pair of handguns Richter had retrieved from her home safe. The other man, she said, fled the scene when she opened fire on Wehde. (The other intruder was never identified because he didn't exist.)

     Detectives identified Dustin Wehde, a resident of Richter's neighborhood, as a depressed computer nerd who lived in his parents' basement. He had no criminal record, and as a timid type, was an unlikely candidate for home burglary and assault. Investigators also found it strange that Mr. Wehde had parked his car in Richter's driveway.

     In searching the dead man's vehicle police officers made a bizarre discovery. They found, on the front seat, a pink notebook in which Wehde had written that a "mysterious fellow" named John Pitman had hired him to kill Tracey Richter and her 11-year-old son. While the passage was in Wehde's handwriting, it didn't make any sense. Detectives couldn't find any evidence that Wehde and Richter's first husband had ever crossed paths, and the young man didn't come close to fitting the profile of a contract killer. Because the whole setup looked fishy, the police never considered Dr. John Pitman as a murder-for-hire mastermind. While detectives didn't buy Richter's account of the shooting, the Sac County prosecutor didn't bring charges against her and the case went into the books as a self-defense homicide.  Dustin Wehde's parents had to live with the fact their son had been murdered as part of the killer's plot to frame an ex-husband. 

     Shortly after shooting Dustin Wehde to death in her bedroom, Tracey Richter and her children moved to Omaha, Nebraska. In the meantime the authorities in Iowa kept the existence of the pink notebook secret because to publicize it would have, among other things, scandalized Dr. Pitman. In 2002 Tracey Richter appeared on "The Montel Williams Show," a daily afternoon talkfest not unlike the OprahWinfrey program. In response to softball questions in front of a sympathetic studio audience, Richter told the horrifying story of how she had no choice but to take this intruder's life to save herself and her children. She came off as a hero.

     In 2004, after Tracey Richter and Michael Roberts were divorced she told the police that her second husband had been a part of Dr. Pitman's conspiracy to have her killed. The authorities still weren't buying into this murder-for-hire business and never considered Mr. Roberts a suspect in Dustin Wehde's homicide.

     While residing in Nebraska Tracey Richter ran afoul of the law. In 2009, among other accusations of criminal deceit, she was convicted of welfare fraud and sentenced to probation.

     In 2010 Ben Smith, the new Sac County prosecutor, took office. As he had promised in his campaign for the office, Mr. Smith asked the Iowa Division of Criminal Justice to investigate the almost ten-year-old Dustin Wehde homicide. As part of that investigation a forensic ballistics expert determined that Wehde had been shot three times in the back as he lay on Richter's bedroom floor. This comprised, in the prosecutor's opinion, circumstantial evidence inconsistent with Richter's claim of self-defense.  

     At the conclusion of the state investigation of Dustin Wehde's suspicious death, prosecutor Ben Smith charged Tracey Richter with first-degree murder. Under Smith's theory of the case, she lured the young man to her house and forced him at gunpoint to write in the pink notebook that her first husband, Dr. John Pitman, had hired him to kill her and her son. She then fired nine shots into his body then planted the notebook in his car in an effort to frame her former husband for solicitation of murder. Pursuant to this scenario Dustin Whede had been nothing more than a sacrificial pawn in Richter's evil scheme to win the custody battle she was having with the father of her first-born child. If this was what took place Tracey Richter was one cold-blooded sociopathic killer. A dangerous woman indeed.

     Granted a change of venue, Tracey Richter's murder trial got underway on October 23, 2011 in the Webster County town of Fort Dodge, Iowa. The defendant, now 45, and living in Omaha had the support of her 20-year-old son Bert and the man she was currently engaged to marry. On November 7, 2011 the jury of six men and six women, in rejecting Richter's self-defense/contract murder version of Dustin Wehde's death, found her guilty as charged.

     Following this stunning verdict, Mr. Michael Roberts, Richter's second husband and father of her two younger children praised the jurors. He told reporters that Richter had once tried to murder him through drugs and suffocation. Mona Wehde, Dustin's mother, in speaking to reporters on the day of the verdict said that her son's murder had destroyed her marriage and after the divorce her ex-husband committed suicide. She called the jury's decision "a blessing."

     In January 2012, shortly before Judge Kurt L. Wilke sentenced Richter to life in prison, she sent a letter to a Wisconsin prison inmate named James Landa. Mr. Landa, who had been convicted of sexually molesting a 12-year-old girl, had written to Richter following her conviction offering his moral support. (Whatever that meant.) Richter's letter to Landa contained personal information about her second husband, Mr. Michael Roberts. Among other pieces of information, Richter revealed his Social Security number, date of birth, physical description and home address. When Sac County prosecutor Ben Smith learned of this letter he suspected Richter of soliciting Mr. Roberts' murder. To reporters, Smith said, "I fear for Michael and his kids."

     In June 2012, from prison, Tracey Richter appeared on a "Dateline NBC" two-hour special on the Dustin Wehde murder case. To correspondent Dennis Murphy she stuck to her story of self-defense. Her son Bert appeared on the show to back up her account of the shooting. Her lawyer announced that the convicted killer had filed an appeal.

     From her cell at the Mitchelville, Iowa prison Richter launched a child custody battle with second husband Michael Roberts over her two younger children, now ages 12 and 14. Roberts had the children with him in California and planned to escape Richter's reach by moving his family to Australia.

     On September 13, 2012, Iowa Judge Nancy Whittenburg, the judge who presided over this child custody fight, ruled that notwithstanding Richter's murder conviction she had not lost her right to regular visits with the children. This meant that Mr. Roberts, to satisfy the judge's decision, had to make visitation trips from California to Iowa and back. When Sac County prosecutor Ben Smith learned of Judge Whittenburg's ruling he called it "mind-boggling."

Thursday, January 11, 2024

The Brett Seacat Arson-Murder Case

     In 2011, 35-year-old Brett Seacat, a police instructor at the Kansas Law Enforcement Training Center, lived with his wife Vashti and their two boys, aged two and four, in Kingman, Kansas. During the early morning hours of April 30, 2011 a fire broke out in the Seacat house in the small south central Kansas town of three thousand. Brett and the boys got out of the dwelling unharmed. Vashti Seacat, found by firefighters in her bed with a bullet in her brain, did not.

     According to Brett Seacat, he had been sleeping on the living room couch when during the middle of the night his wife called him on her cellphone from the master bedroom with instructions to get the boys out of the house. He ran upstairs to find the master bedroom on fire. When Brett lifted his wife from the bed her body was limp and she was bleeding from a bullet wound to her head. Because the room was breaking out in flames he left his wife and rushed to save the boys.

     Arson investigators determined that someone used gasoline as an accelerant to set fires at several points in the Seacat master bedroom. Criminal investigators with the Kansas Bureau of Investigation (KBI) assumed that the arsonist had shot the victim in the head before torching the house. Since the Seacats were in the midst of a divorce suspicion immediately fell upon Brett Seacat as the arson-murderer.

     On May 12, 2011, two agents with the KBI interrogated Brett Seacat at the Reno County Sheriff's Office. The session lasted seven hours during which time the suspect admitted that he had purchased software to track his wife's text messages and her GPS location. He told his questioners that he had threatened to move out of the house with the boys if his wife proceeded with the divorce. The day before her death Vashti had served her husband with the divorce papers.

     During the interrogation Mr. Seacat also conceded that on the day before his wife's sudden and violent death he was in his office at the training center destroying computer hard drives. He said he understood why the investigators considered him a suspect in his wife's death and the arson, but insisted that she had set the fire before shooting herself in the head. According to the suspect this was an arson-suicide case, not an arson-murder.

     In describing his discovery of the fire and his wife's body, Brett Seacat said, "I remember hearing my own voice inside my head saying, 'dead.' Then all of a sudden it sort of came to me, 'dead, fire,
kids.' "

     In the course of the prolonged interrogation (the suspect was not under arrest) the suspect showed no emotion, and on several occasions laughed with his questioners. The KBI agents made it clear they didn't think Seacat's account of that night made any sense. Why would Vashti risk her children's lives by setting the fire, calling him on the phone, then climbing into bed, pulling up the covers and shooting herself in the head? Moreover, Mr. Seacat had no traces of soot from the fire or blood from his wife on his clothing. The suspect responded to this by saying: "I'm with you on that. It doesn't make sense at all."

     Agents with the KBI, on Friday, May 14, 2011, arrested Brett Seacat on charges of first-degree murder, aggravated arson and two counts of child endangerment. A magistrate set his bail at $1 million.

     On May 23, 2013 the Seacat murder trial got underway at the Kingman County Court House in the town of Kingman. Following the opening statements by the attorneys on both sides of the case, the state began presenting its evidence with testimony from the medical examiner, arson investigators and the KBI agents who had interrogated the defendant in May of 2011.

     On May 30, 2013, the state put Karen Roberts on the stand. Roberts, who worked with the defendant at the Kansas Law Enforcement Training Center, testified that on the day before Vashti Seacat's death the defendant asked for an overhead projector to be pulled out of storage. According to the witness, Mr. Seacat spent the entire day locked into his office. (According to prosecutors the last handwritten entry in the victim's journal, a message suggesting suicide, had been forged. Pursuant to this theory the suspect had used the overhead projector to practice writing in his wife's hand. The defendant claimed that he needed the device in connection with a fraud investigation he was conducting.)

     KBI forensic scientist Chris Riddle, on May 31, 2013, testified that he had found traces of gasoline on the defendant's trousers. A state forensic document examiner revealed that the last entry in Vashti's journal was not in her handwriting. The expert could not, however, identify the defendant as the forger.

     Joy Trotnic, one of Vashti Seacat's co-workers, took the stand and said that on the day before her death Vashti had expressed concern that her estranged husband would not move out of the house as promised. "Do you think Brett would burn down the house with me in it?" she asked.

     Connie Suderman, the Seacat marriage counselor, told the jurors that the defendant had called her shortly after Vashti's death. According to this witness, he said, "I killed her. Vashti is dead and it's my fault." In describing her conversation with the defendant that day, the therapist said, "I wouldn't say in hearing his voice that I thought he was distressed in any way. He was quite calm. I didn't hear sadness. I didn't hear tearfulness or crying or expressions of surprise or horror or words of exhaustion."

     According to the marriage counselor, Vashti Seacat had indicated that her husband "wasn't doing well" with the pending divorce. "She [Vashti] told me that he [the defendant] had awakened her from her sleep and told her that he had a dream that he had killed her.

     On June 6, 2013, after the prosecution rested its case, defense attorney Roger Falk put his client on the stand. The defendant explained that he had destroyed two laptop hard drives after he had arrived at work that day to protect against identity theft. He said he had planned to sell the computers. During his testimony the defendant spoke with ease, and occasionally smiled at the jurors. While portraying himself as a loving husband and father, the defendant admitted that he had threatened to expose his wife's alleged affairs, wreck her career and take away her sons if she divorced him.

     An expert witness named Gene Gietzen testified for the defense that the pair of trousers the defendant had been wearing on the day in question had been improperly packaged by a KBI arson investigator. As a result, this evidence could have been contaminated.

     On Monday, June 10, 2013, the prosecutor and the defense attorney made their closing arguments to the jury of five men and eight women. The next day the jury returned its verdict: guilty of all charges. At Seacat's sentencing hearing on August 5, 2013 the judge sentenced him to life in prison.

Wednesday, January 10, 2024

The Mind of a Pedophile

     A jury in Bellefonte, Pennsylvania on Friday, June 22, 2012, found Jerry Sandusky, the former Penn State football coach under Joe Paterno, guilty of 45 counts of child sexual abuse. When escorted out of the Centre County Court House in handcuffs, Sandusky, instead of feeling guilt and shame, felt misunderstood, under-appreciated and persecuted. The day before the verdict, one of Sandusky six adopted children, 33-year-old Matt Sandusky, came forward with accusations that he too had been sexually molested by this man. This should not have come as a surprise to anyone who knows anything about pedophilia. This revelation also begged the question of how the coach's wife had lived with this serial sex offender all those years without having a clue.

     Two things were certain in the Sandusky case. This pedophile will die behind bars and he will never admit what he is and what harm he has caused. As a textbook pedophile, Sandusky was a compulsive sex offending machine who on the surface looked and acted like a normal person. This disturbing reality makes pedophiles so dangerous. It's an ugly truth that a high number of pedophiles end up as coaches, teachers, counselors and men of the cloth who impersonate do-gooders who say they simply want to help children. They are not about helping children, they are about helping themselves to children.

     Because pedophiles are not mentally ill they cannot be fixed. They are human monsters for life who feel no shame, have no remorse and possess no awareness of the consequences of their perverted behavior.

     The only way to protect children from pedophiles is to put them away for life. Otherwise, they will re-offend. Treating them as mental patients or like drug addicts is a waste of time and money. And simply registering known sex offenders, and not allowing them to live near playgrounds and schools does not prevent them from molesting children. Such prohibitions are nothing more than feel-good measures. Compulsive sexual predators are consumed by their desire for children and will do whatever it takes to satisfy their insatiable appetites. They are cruel, cunning and manipulative. To a deviant sexual sociopath fixated on children, everything in life is secondary to having regular sex with kids. These violent sexual deviates do not become teachers, coaches, ministers and priests primarily to teach, coach and preach; they go into these professions to have easy access to children. To ignore this reality is a disservice to young people.

     Most pedophiles are never brought to justice. And the ones who are, like Jerry Sandusky, are caught after they have raped hundreds of boys. In Sandusky's case, he sexually molested one of his victims more than 100 times. Pedophiles are also known to rape members of their families simply because of proximity and opportunity. Because victims of pedophilia are young, vulnerable, easily manipulated and ashamed and embarrassed about what is happening to them, they tend not to report their attackers. And when they do it's often as damaged adults. No one knows how many pedophiles have been spared prison sentences by statutes of limitations.

     When school teachers are accused in a timely fashion they are often transferred to another school where they can prey upon a fresh batch of victims. This is called "passing the trash." Countless numbers of priests have been protected by the Catholic Church which has, over the years, paid hundreds of millions in court settlements. One of the costs of living under a criminal justice system oriented toward individual rights and the presumption of innocence is paid by the victims of pedophilia. Sexual predators know how to use and abuse the system, and if accused often threaten to sue the accuser.

     While the Jerry Sandusky case and the massive Catholic Church scandal put a spotlight on the pedophile problem, sex offenders, impervious to deterrence and shame, will continue to prey upon the nation's children.  

Sunday, January 7, 2024

Death Row Inmates Too Fat, Good, or Stupid To Execute

     America's weight problem has changed the way we live and die and has affected how we punish or can't punish some of our worst criminals. While the U.S. Supreme Court has not prohibited the execution of certain types of murderers, it has mandated that the state must kill condemned prisoners in a "dignified and humane manner." It could be argued that how a prisoner is dispatched is less a matter of dignity and humanity than aesthetics. For this reason, death sentence prisoners no longer end up swinging from the end of a rope, being gunned down by a firing squad, or giving off smoke while twitching in an electric chair. These methods, while effective, look unprofessional and barbaric. In states where certain criminals are still executed, the government has to use methods that do not offend public sensitivity. The execution business must also be politically correct. This is why juries are reluctant to recommend the death sentence for women, people under 21 and folks with low I.Q.s. Of the few thousand prisoners on death row, only a few are women. Wives convicted of murdering their husbands spend, on average, six years in prison. Men who murder their wives, on average, are sent away for 17 years. (In terms of race, 42 percent of death inmates are black, 12 percent Latino, and 44 percent white.)

    Death row inmates are now killed by lethal injection. This method of execution fits in nicely with our pharmaceutical culture. We take drugs to get well, to sleep and to get high, so why not use drugs to execute murderers in the states where the death penalty is still legal. But now there is a growing concern about executing people with drugs. Over the past twenty years several death row prisoners have tried to escape their fates by claiming they were too obese to be humanely injected. In Ohio (one of our fattest states) this has been a recurring correctional issue. (West Virginians are fatter than Ohioans, but in that state they have abolished the death penalty. However, in the Mountaineer State overweight murderers probably don't live much longer than those on Ohio's death row.)

     In May 2007 an executioner in Ohio ran into difficulty when he tried to kill, by injection, 38-year-old Christopher Newton. Six years earlier, while serving time for burglary, Mr. Newton murdered his cellmate. Now it was his time to go. Because of his weight, which was 265-pounds, it took the executioner two hours and ten attempts to find a receptive vein for the lethal dose of pentobarbital. During the prolonged execution Newton was actually allowed to go to the bathroom.

     Nineteen-year-old Richard Cooey, in 1986, threw chunks of concrete off a bridge over Interstate 77 near Akron, Ohio. The act caused the deaths of two University of Akron students. As Cooey's execution date drew near, the 5-foot-7, 267 pound inmate alleged that prison food and lack of exercise had made him too fat to painlessly execute. According to the 41-year-old Ohio prisoner, the executioner's difficulty in finding a friendly vein would cause him stress and discomfort. On October 14, 2008, the Ohio executioner, probably under a little stress himself, had no problem introducing the pentobarbital into Mr. Cooey's system.

     In 1983 Ronald Post murdered Helen Vantz, a hotel desk clerk in Elyria, Ohio. A jury found him guilty and a judge sentenced him to death. There wasn't then, nor now, any question regarding his guilt. Because Post didn't exercise and ate too much, he ballooned-up to 400 pounds. In an effort to get control of his weight, Post asked the government to pay for gastric bypass surgery. In 1997, claiming that prison health care providers were having difficulty finding his veins for medication, Ronald Post argued that to execute him this way would amount to a violation of his Eighth Amendment right against cruel and unusual punishment.

     After the federal appellate judge refused to take Ronald Post off death row, prison authorities in Ohio scheduled his execution by lethal injection for January 16, 2013. In November 2012, Mr. Post, claiming to weigh 480 pounds, filed another appeal in which he argued that he had grown so fat his veins were even less accessible. Not only that, the prison didn't own a gurney sturdy enough to roll him into the death chamber. According to Post's attorney, executing his client under those circumstances would comprise "a substantial risk that any attempt to execute him will result in serious physical and psychological pain to him." The lawyer added that Mr. Post's execution would consist of "a torturous and lingering death."

     State authorities opposing Ronald Post's attempt to stay alive argued that in fact the death row inmate only weighted 396 pounds. In this case it really didn't matter how much this man weighed. The federal appeals court in Cincinnati had already ruled against Mr. Post on the weight issue. Moreover, the state of Ohio, given all of its resources, could probably find a heavy-duty gurney and an executioner who could locate hard-to-find veins. This killer's execution became a moot issue when, on December 17, 2013, Governor John Kasich granted Ronald Post clemency on the grounds he had poor legal representation at his trial.

     If our procedurally oriented criminal justice system were efficient and reliable enough to dispatch first-degree murderers within five years of their convictions, death row inmates wouldn't have time to get so fat. After ten or twenty years on death row, many of these inmates also find religion and become different people. The person being executed is no longer the same person who committed the crime. (The Karla Faye Tucker case in Texas is a good example of this. While on death row Karla found Jesus. To the dismay of protesting evangelicals the state of Texas went ahead and executed her anyway.

     There are death row inmates who, while smart enough to have committed first-degree murder, when it comes time to execute them, are too stupid to kill. It seems cruel and unusual to execute slow-witted killers. So, if a death row inmate isn't fat, or hasn't found Jesus, he can pretend to be stupid.

     The way it's administered the death penalty isn't worth the effort. If there is anything "torturous and lingering" about the execution process it's the time and money it takes to dispatch these brutal, inhumane killers. 

Saturday, January 6, 2024

The Dr. Melvin Morse Child Abuse Case

     Dr. Melvin L. Morse, after earning his medical degree in 1980 from George Washington University, interned in pediatrics at the University of California at San Francisco. Dr. Morse completed his residency in pediatrics at Children's Hospital in Seattle and set up a private practice in the city. The young doctor also held the position of Clinical Associate Professor of Pediatrics at the University of Washington.

     In the late 1980s, through his nonprofit organization called The Institute for the Scientific Study of Consciousness, Dr. Morse interviewed hundreds of children who had been declared clinically dead. These interviews led him to believe that children, too young to have been indoctrinated in religion and the belief in an afterlife, experienced near-death telepathic conversations and encounters with dead friends and relatives. 

      In 1991 Dr. Morse used his child interviews to publish his first book. Co-authored by a writer named Paul Perry it was called Closer to the Light. The book made The New York Times bestseller's list for three months and was eventually published in 19 languages in 38 countries. An accomplished self-promoter with a good publicist, the new-age guru appeared on the Larry King and Oprah Winfrey shows.

     During the height of his fame Dr. Morse appeared on ABC's "20-20," NBC's "Unsolved Mysteries" and "Dateline" as well as "Good Morning America" and the "Tom Snyder Show." He was also the subject of dozens of articles in major newspapers and magazines.

     In 1992 in the midst of his fame, Dr. Morse and his co-author published a follow-up book called Transformed by the Light. The second work didn't do nearly as well as Closer to the Light. The doctor and his co-author's last book, Where God Lives: The Science of the Paranormal and How Our Brains Are Linked to the Universe came out in 2001.

     In 2012 the 58-year-old author and physician lived with his second wife Pauline in Sussex Delaware along with his five and eleven-year-old daughters. (Dr. Morse had gone through a contentious divorce from his first wife.) On his website Dr. Morse wrote about the "big ideas" that had drawn people to him from all over the world. 
     On July 12, 2012 an incident involving Dr. Morse and his 11-year-old daughter marked the end of his career and the loss of his followers. After pulling into his driveway that day his daughter refused to get out of the vehicle. The doctor allegedly pulled her out of the car by the ankles and dragged her across the gravel into the house where he gave her a spanking. Later that day the daughter informed a neighbor of what happened to her. The neighbor reported the girl's story to the police.

     The following day local police officers arrested Dr. Morse. State child protection agents got involved in the case and took his daughters into protective custody.

     On Monday August 6, 2012, Dr. Morse's 11-year-old daughter, while being questioned by officers with the Delaware State Police at the Child Advocacy Center, accused her father of subjecting her to what he called "water boarding." According to the girl, on at least four occasions, beginning in May 2009, Dr. Morse held her face under running faucets in the kitchen and the bathroom causing tap water to shoot up her nose. The abuse replicated the feeling of drowning. While Dr. Morse allegedly tortured the girl, her 40-year-old mother Pauline looked on. The accuser's five-year-old sister reportedly informed police officers that she had witnessed the water boarding as well.

     A local prosecutor charged Dr. Melvin Morse and his wife Pauline with felony counts of reckless endangerment, endangering the welfare of a child and conspiracy to commit assault. Police officers took them into custody on August 7, 2012. After brief stints in the Sussex Correctional Institution the couple made bail ($14,500 each) and was released.

      Defense Attorney Joe Hurley publicly questioned the credibility of his client's 11-year-old daughter, suggesting that she might have made false accusations to get attention.

     Two days after the water boarding arrests Secretary of State Jeffrey Bullock announced that Dr. Morse presented a "clear and immediate danger to public health" if permitted to continue practicing medicine. The state official ordered the emergency suspension of his Delaware medical license.

     On April 11, 2014 Superior Court Judge Richard F. Stokes, following Dr. Morse's conviction, sentenced him to three to five years in prison. The judge denied a motion by Melvin Morse to remain free on bail while his attorney appealed his case. According to attorney Hurley his client was undergoing treatment for prostate cancer.
     Following her conviction the judge sentenced Pauline Morse to probation. 

     Dr. Morse was released from the Sussex County Correctional Institution in 2016. According to a corrections official he had undergone a transformation in prison. Following his release Dr. Morse co-founded The Recidivism Prevention Program, a company dedicated to assisting addicts and former inmates in the development of spiritual awareness to facilitate their re-entry into society. 
     In September 2022, following a hearing, Delaware's Medical Licensure and Discipline Board lifted the suspension of Dr. Morse's medical license.

Friday, January 5, 2024

Inside Jobs: Four Embezzlement Cases

     While it's impossible for a normal person to understand why, for example, a 14-year-old boy sets a building on fire for a sexual thrill, we all know why people steal. We understand because either as children, adolescents or adults we have taken something that didn't belong to us. The motive for theft is simple and direct: to get something for nothing. The more one steals the more serious the crime.

     In criminal law there are several forms of theft. Customers who steal merchandise from stores are retail thieves. People who slip out of restaurants without paying their bills commit theft of service. Employees who steal from their employers are offenders security professionals call internal thieves. Criminals who threaten to expose victims' secrets if not paid money to remain silent are blackmailers. A thug threatening future physical harm if the victim doesn't pay up is called an extortionist. Robbers are thieves who take money and valuables through the use of force or threat of physical force, and burglars steal by unlawful intrusion into homes and buildings. Swindlers and con artists acquire their loot through deception and fraud. And don't forget the passers of bad checks, forged money orders and stolen and fake credit cards. 

     Except for major armored truck heists, big time jewelry thefts and massive credit card cases, the thieves who hit their victims the hardest financially are the embezzlers. (The average bank robbery haul, for example, is just a few thousand dollars.) An embezzler is a person who has what is called a fiduciary relationship with the victim. In other words holds a position of trust. The embezzler--accountants, company and organization treasurers, financial managers and various financial institution employees--steal from private and government employers and clients who have entrusted them with their money. While an embezzler can make a big one-time haul, most steal smaller amounts over extended periods of time. To accomplish these illegal diversions of funds, embezzlers often alter financial documents and commit the separate crimes of forgery and false swearing. Quite often embezzlers, to get away with their thefts, have accomplices within the victim companies and organizations. Detectives and federal agents who investigate these cases (particularly when they involve sophisticated computer crimes) should be specialists in the investigation of financial offenses and criminal conspiracies.

Ligonier Township Pennsylvania

     An audit of the personal finances of 95-year-old Dr. Robert Monsour led to criminal charges against 58-year-old Maureen A. Becker who was hired in 2000 to take around-the-clock care of the doctor and to look after his money. Becker was charged with diverting to her own use, between January 2008 and March 2010, $340,000 of the victim's money. Maureen Becker stood accused of depositing, into her own bank account, $167,000 from the sale of 67 acres of the doctor's estate. When asked why she had diverted these funds to her own bank account the suspect claimed the money had been a gift from her employer. Becker also told investigators that the doctor had raised her salary from $300 a week to $800. Detectives also found that the suspect deposited a number of her employer's CDs into her account, money she claimed the doctor wanted her to have.

     The judge, following Becker's guilty plea, sentenced her in June 2012 to three years in prison.

New York City

     Anita Collins in 1986 and 1999 pleaded guilty to fraud in connection with the theft of funds from a pair of her New York City employers. In return for her pleas she avoided prison. In 2010, Collins, at age 65, worked in the finance office of the Roman Catholic Archdiocese of New York. She had been hired without a background investigation. In an article published in the archdiocese newspaper, Catholic New York, she received praise for volunteering at St. Patrick's Cathedral when Archbishop Timothy Dolan presided over a mass welcoming 600 people to Catholicism. Described as an "unassuming" person, Collins told the author of the piece that "My faith has always been a steadfast part of my life."

     An outside auditor in November 2011 discovered $350,000 of the church's money missing. Following a criminal investigation by the Manhattan District Attorney's Office Anita Collins was charged with siphoning $1 million in church donations. Over a period of seven years she sent fake invoices to the archdiocese then issued some 450 checks to accounts she controlled. All of the transactions were in sums just under the $2,500 threshold that required a supervisor's approval.

     The church fired Anita Collins in December 2011. According to the chief investigator on the case the suspect spent the $1 million on mortgage payments and on "a lifestyle that was not extravagant but was far from her lawful means."

     Collins pleaded guilty to grand larceny in the first degree in September 2012. In October 2012 the Manhattan judge sentenced her to 4 to 9 years in prison. The judge also ordered her to pay back the church.

Belgrade, Montana

      In November 2010 police were called when members of the Belgrade Little League Baseball Association couldn't figure out why outstanding bills for uniforms and supplies had not been paid. During a period of four years, league board members had signed blank checks and gave them to the treasurer, Amy Jo Erickson. She was supposed to use the checks to pay the bills.

     In January 2011, after the police discovered that $92,000 from the organization had vanished, they confronted Erickson. The little league treasurer admitted that she had made the blank checks out to herself in "cash" and to her husband's plumbing company. She started embezzling in 2007 because she "needed help financially."

     Anita Collins took money from the church and Amy Jo Erickson stole from the parents and sponsors of little league baseball players. They weren't starving, they didn't use the money for life saving surgery, and they didn't play Robin Hood by giving to the poor. They simply redistributed someone else's money to themselves.

     In October 2012 after Amy Joe Erickson pleaded guilty the judge sentenced her to 180 days in the Gallatin County Jail. The judge ordered her to pay full restitution.

Lakewood, Washington

     On November 29, 2009 a police assassin named Maurice Clemmons walked into a coffee shop in Parkland, Washington and shot four Lakewood police officers to death. Two days later a police officer in Seattle killed Mr. Clemmons in a gun battle. Following the mass murder the police department formed a charity to help the families of the slain officers called the Lakewood Police Independent Guild (LPIG). Officer Timothy Manos became the treasurer of the fund.

     Although the 34-year-old treasurer received a police salary of $93,347 a year, Mr. Manos had serious financial problems. In June 2006, Ford Motor Credit Company sued him for the $12,000 he owned in car payments. He was also being sued for unpaid medical expenses and owed a lot of money to credit card companies. He and his wife enjoyed an extravagant lifestyle.

     In 2010 and 2011, citizens in the Lakewood community donated $3.2 million to the fund from which officer Timothy Manos skimmed $150,000. During the period the FBI believed Mr. Manos embezzled the money, the debt-ridden cop took his wife to Las Vegas to enjoy the Cirque du Soleil and several nights of gambling. Also during this period officer Manos spent $1,700 on snowboarding and other outdoor gear. He bought a high-definition video camera, a computer, a stainless-steel refrigerator and a high-definition television set. Between February 12, 2010 and February 20, 2011 Timothy Manos withdrew $50,000 from ATMs.

     In March 2011 FBI agents arrested officer Manos on 10 counts of wire fraud. A LPIG official placed Manos on paid administrative leave pending the completion of the federal investigation.

     A federal judge in Tacoma, following Timmothy Manos' guilty plea, sentenced him to 33 months in prison and ordered him to pay $159,000 in restitution.

     Stealing from the Catholic church and the little league was bad enough, but ripping-off of a charity for the families of slain police officers by a fellow officer, in terms of theft, was as bad as it gets.