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Sunday, December 9, 2012

Actor Sherman Hemsley's Disputed Will and Delayed Burial

     Born in 1938, Sherman Alexander Hemsley studied acting as an adolescent at the Philadelphia Academy of Dramatic Arts. He served four years in the Air Force, and worked eight years as a postal clerk while acting in New York City workshops and theater companies. In 1973, Hemsley became a regular on the popular television sitcom, "All in The Family." Two years later, he began starring as George Jefferson in the spin-off show, "The Jeffersons." In that sitcom, Hemsley played the role of a feisty, bigoted owner of a dry cleaning chain. In his later years, the actor retired and took up residence in El Paso, Texas.

     The 74-year-old actor, on July 24, 2012, died from complications related to lung cancer. At the time of his death he had been scheduled for radiation and chemotherapy treatment. Had Mr. Hemsley died in California, because he was a celebrity, his body would have been autopsied pursuant to state law. Since there was no reason to think that Hemsley's manner of his death was anything but natural, the authorities in Texas did not arrange an autopsy.

     According to Mr. Hemsley's last will and testament, his entire estate, valued at $50,000, would pass to Flora Enchinton Bernal, his live-in friend and manager. But when two people came forward to challenge the disposition of Mr. Hemley's assets, Bernal could not proceed with his funeral and burial. As a result, his remains were put on hold at the San Jose Funeral Home in El Paso. Probate battles are not uncommon, particularly following the deaths of wealthy people. However, due to the size of Mr. Hemsley's estate, one would not have predicted such a challenge.

     The first person to challenge the Hemsley will and claim the dead actor's estate was the deceased's half-brother and former manager, Richard Thornton. In his probate petition, the resident of Philadelphia questioned the will's authenticity by casting doubt on Hemsley's signature that "looked like a tracing." (I don't know if this was the opinion of a qualified forensic document examiner or Tornton's.)

     The second challenger to enter the probate battle was Hemsley's cousin, Reverend Michael George Wells, the minister at Philadelphia's Arch Street United Methodist Church. On August 16, 2012, Reverend Wells officiated at a memorial service held for his cousin at the Deliverance Evangelistic Church in North Philadelphia.

     By October 2012, because of the probate challenges, Sherman Hemsley's body had still not been buried. Probate court judge Patricia Chew scheduled a hearing for November 9, 2012 to resolve the dispute.

     A few weeks before the hearing, Reverend Wells, in speaking to a reporter with the El Paso Times, pointed out that Flora Bernal, the beneficiary, had not been on good terms with the deceased actor. When the reporter asked the reverend why he was going to such lengths over such a tiny estate, Reverend Wells said he believed Hemsley's estate was much larger than $50,000. "We are family," he said, "and we are not looking for money. But if we are entitled to something, we don't want anyone else to have it."

     As the probate hearing grew near, Reverend Michael Wells continued to wage his probate battle in public. To a Fox News correspondent he said, "What the media needs to know is that Sherman Hemsley's body being in the refrigerator for this amount of time is unnecessary and uncalled for. He could have been buried with his family within a week or ten days of his passing. His will...was found seven days after he died. No one reached out to me, my mother, or any person with a relationship to Sherman. In the beginning they said he died of natural causes. Then it came out he had cancer. [Cancer is a natural manner of death.] We have no knowledge of the doctors, hospitals, no one talked to us about his cancer....[Flora Bernal] knows my family, this is what perplexes me. I called there on June 1, and why did she not tell me Sherman was dying of cancer? There needs to be an investigation."

     On November 9, 2012, Judge Chew ruled that Sherman Hemsley's last will and testament was valid. That put an end to the probate challenges. On November 21, following a service at the Cielo Vista Church in El Paso, Mr. Hemsley was buried at the Fort Bliss National Cemetery.

     You can choose who to put in your will, but, as they say, you can't choose your relatives.     

Thursday, November 22, 2012

The David H. Petraeus Scandal: Bring in the Spin Doctors, Celebrity Lawyers, and Media Hired-Guns

     In today's America, fame is power, and unless you're someone like Jerry Sandusky, it generally doesn't matter if you acquired it by hitting home runs, with musical talent, or having your sex-tape go public. Fame can also be fleeting, and can turn into a curse. According to Anne Morrow Lindbergh, the wife of the 1920s aviation hero Charles Lindbergh, "Fame is a kind of death because it arrests life around the person in the public eye. If one is recognized everywhere, one begins to feel like Medusa. People stop their normal life and actions and freeze into staring mannequins."

     Anne Lindbergh, a private person who did not want to be famous (her father Dwight Morrow was a wealthy and well-known banker) lived before the age of television and the dawn of America's celebrity culture. While fame made Charles Lindbergh rich and powerful, it led to the kidnap and murder of his first child. Today, the first man to fly solo across the Atlantic Ocean is remembered by many as a Nazi sympathizer who cheated on his wife. (The latter is true.) Charles Lindbergh's fame did not fade, but it did become a nightmare for him and his wife. He died in 1974 harboring an intense hatred of the media.

     In Charles and Anne Lindbergh's day, there weren't many famous people. Today, there are thousands of celebrities. There are so-called A-list stars down to D-list personalities. Many of these people pop onto the public stage, make a big splash, then just as suddenly, pass into obscurity. For people who crave public attention, the loss of fame is their own form of death.  Film actors, successful athletes, and TV personalities, in an effort to gain some control over their reputations and images, hire public relations professionals who help them create favorable personas and manipulate the media. Knowing a celebrity through the media is like knowing a cartoon character. Charles Lindbergh might have benefited by hiding behind a fictitious persona created by a public relations expert. But in those days, media consultants and news manipulators didn't exist for people who weren't movie stars.  

     Today, even for people who want to become famous, overnight fame brought on by public scandal is not the best way to achieve celebrityhood. For these folks, the question becomes, how can I turn bad publicity into an asset? In other words, how can I create a phony but positive persona, and most important of all, hold onto my fame? This is where the professional scandal lawyers, spin masters, and public relations specialists enter the picture to manage the publicity fallout.

     The current sex/political/national security scandal involving ex-CIA Director David H. Petraeus, his former mistress Paula Broadwell, and Jill Kelley, the Tampa area social-climber who received Broadwell's threatening emails and contacted the FBI, illustrates how the second phase of a national political scandal unfolds. The Petraeus scandal is now being managed, from the inside, by four well-known media management hired-guns who have been brought in for damage control, image rehabilitation, and fame exploitation that could include lucrative book deals, movie rights, and television gigs. The fact professional media spin doctors, legal advisors, and news manipulators exist reflects the celebrity-obsessed nature of our popular culture. Simply being represented by one of these high-profile media experts confers celebrity status on the scandalized client.

     David Petraeus, the scandal's central figure, is being represented by Robert B. Barnett, a Washington, D.C. super-lawyer who has represented our last three presidents. Barnett is also known for negotiating big money book deals for his clients. The fact Petraeus' career came to a premature end as a result of a sex scandal will accrue to his monetary benefit when it comes time to negotiate the advance for his future memoir. The average reader is much more interested in illicit sex that the war in Afghanistan.

     Paula Broadwell, Petraeus' ego-stroking, opportunistic mistress, is being handled by Dee Dee Myers, the former Clinton White House press secretary. Since her time with Bill Clinton (a public relations handful) Myers has kept up her public profile as a cable TV talking-head. (These people prefer to be called television pundits.) Broadwell, Petraeus' biographer and former lover, has made it known to  her friends and acquaintances that important people have been encouraging her to run for the U.S. Senate. This notion sounds absurd until you realize that it doesn't take much to do the job of a senator. Really. You accept special interest money and cast votes, usually without any idea of what you're voting for. We may have, one day, if Dee Dee Myers has anything to do with it, a Senator Broadwell.

     Jill Kelley, the bankrupt Florida party hostess whose complaint to the FBI ignited the Petraeus scandal, is being represented by Abbe D. Lowell, the top Washington, D.C. lawyer who got John Edwards, the disgraced ex-senator and presidential candidate, off the hook. (Edwards was accused of using campaign money to keep his mistress and the mother of his "love child" in comfort and hiding while he ran for president.) Edwards is not in the White House, but thanks to attorney Lowell, he's not in prison. Who knows, we may see Mr. Edwards back on the campaign trail.

     Even Natalie Khawam, Jill Kelley's twin sister who had prevailed upon Mr. Petraeus and General John R. Allen to write letters on her behalf in a messy child custody case, has armed herself with celebrity lawyer Gloria Allred. The famous "wronged-woman" attorney has already held a news conference at Washington's Ritz-Carlton Hotel aimed at correcting "misconceptions" about her client.

     Media hired-gun Dee Dee Myers, in speaking to a reporter with The New York Times, laid out her Paula Broadwell mission statement as follows: " To help Paula and her legal team (wow, she now has a legal team), navigate a crowded media environment, manage incoming requests, and ensure that her story is accurately told." (These people have "stories," us ordinary folks merely have daily routines.)  Dee Dee went on to say, "It's really impossible for anyone in Paula's situation to manage the daily avalanche of interview requests, let alone rebut rumors, correct supposed misconceptions and put the client's story in a sympathetic light." Who better to make a person like Paula Broadwell "sympathetic" than Dee Dee Myers, one of Bill Clinton's former bimbo-erruption spin doctors. All of this is enough to make you sick.

UPDATE

     According to reports, David Petraeus has been offered teaching positions at four universities. He is also weighing book offers from several publishers, and is contemplating various positions as a television commentator. This is a former general who has no intention of fading away. This guy is on a mission to become even more famous. Big surprise. 

Saturday, November 17, 2012

David Petraeus and the Disgraced Celebrity Sociopath Syndrome

       In a celebrity-obsessed nation under the leadership of sociopaths who play by their own rules, sex scandals are predictable and common. This is particularly true in a country under constant government surveillance. The current political/sex scandal involving ex-CIA Director David H. Petraeus; Marine General John R. Allen; and their power and influence groupies, Paula Broadwell and Jill Kelley, should not surprise anyone.

     Sociopaths exist in all walks of life. They populate prisons, halls of government, television studios, movie sets, police departments, corporations, sports arenas, churches, and military bases. When these highly intelligent, super-ambitious, amoral narcissists find themselves in positions of power and authority, they often behave as though the rules of society and the laws of the land do not apply to them. They stupidly believe they can get away with reckless, outlandish, and often puerile behavior that eventually brings them down.

     People who aren't sociopaths have a difficult time understanding why a former top general and Director of the CIA would risk his marriage, career, reputation, and the nation's national security on a 40-year-old ego-stroking opportunist like Paula Broadwell. The same question has been asked about President Bill Clinton. Why did the leader of the free world risk his marriage, career, and the dignity of his office by engaging in White House sex with an intern? How could Marine General John R. Allen allow himself to get tied-up with an aspiring influence peddler and social climber known for lavish parties and crushing personal debt? What could possibly explain why these high-level government officials would let themselves get involved with a pair of reality television types? These men are not alcoholics, on drugs, or insane. And they surely aren't stupid.

     The only explanation for this kind of reckless behavior that makes any sense is sociopathy. The generals did these things because sociopaths feel entitled, and immune from scrutiny and criticism. These powerful men knew better, but sociopathy is a personality disorder that overrides the ability to restrain oneself.

     Someone once said that old generals don't die, they just fade away. While that may be true for some, for hard-core sociopaths like Bill Clinton and Donald Trump, fading away is not an option. Look at Larry King. The poor guy looks like he has a week to live, but refuses to slip into obscurity. He can't. They will have to carry the former talk show host off the stage. A sociopath who gets a taste of fame is like a vampire getting its first taste of blood. They are hooked for life.

     Disgraced celebrity sociopaths are a sad but interesting story. They almost always find a way to get back into the limelight. Following the obligatory apology tour, the disgraced sociopath often resurfaces as the promotor of a ghost-written memoir bearing his name. Take ex-congressman Anthony Wiener. It's just a matter of time before we will see this disgraced politician on television talking about his memoir, My Package (or something like that.) Sociopaths who became well-known because they possess some kind of expertise, often end up as cable television commentators. Regular people who publicly embarrass themselves feel too ashamed to leave the house. Not so for sociopaths who are born without a sense of shame. When it comes to embarrassment, they are bullet-proof.

     The disgraced, celebrity sociopath can't live without attention, and because he has a personality disorder rather than a curable illness, change is out of the question. It's my guess that former general and ex-CIA director David Petraeus will not fade away. As for Paula Broadwell and Jill Kelley, expect to see these sociopaths on a reality television series featuring married women who become mistresses and/or confidants of powerful men.

     

Friday, October 19, 2012

Heather Kowalczik, Robert Rodriguez, and The Boy Buried in Their Backyard

     In July 2010, Heather Kowalczik and her boyfriend Robert Rodriguez, the father of two of her children, moved from upstate New York to East Farmingdale, Long Island. The couple took up residence in a rented house with 6-year-old Alex, and Robert, Jr., age 9. The pair also came to Long Island with Justin, a 17-month-old boy fathered by another man.

     A Suffolk County Child Protection Services (CPS) agent, pursuant to a routine welfare check, visited Heather on October 3, 2012. During the visit, the CPS worker noticed that Justin, who would now be about three years old, wasn't in the dwelling. When asked where the toddler was, Kowalczik said he was with relatives. When the CPS agent pressed for details, the mother's vagueness led the social worker to suspect foul play. For that reason, she reported her suspicion to the New York State Police.

     Two days after the CPS call, detectives with the state police paid the 29-year-old mother a visit. When the officers insisted that she tell them where to find Justin, Kowalczik told them the boy had died in August 2010 shortly after she moved to East Farmingdale. She said her 30-year-old boyfriend, Robert Rodriguez, had buried the child in the backyard next to the back fence line. The mother said she had not reported Justin's death because she feared retaliation from Rodriguez. Later, to a reporter with the New York Post, Kowalczik said, "He [Rodriguez] was pretty much keeping watch of me. He hit me in the head, smacked me in the face if I'd say anything."

     On October 6, the police recovered Justin's remains. The boy had been buried in a three-foot grave. The police searched the Kowalczik/Rodriguez house, seizing, among other things, a shovel, a post-hole digger, a video camera, and a photograph album. CPS workers had already taken custody of Alex and Robert, Jr.

     The Suffolk County Medical Examiner's Office has not released information regarding the cause and manner of Justin's death. Because the child's remains have been severely altered by the passage of time, the forensic pathologist didn't have much of a corpse to work with. Perhaps the postmortem examination will determine if the child had died a natural death, or had been killed.

     On October 9, the owner of the East Farmingdale house evicted Kowalczik and Rodriguez. Robert Rodriguez has retained a lawyer, and is not cooperating with the police. While he is considered "a person of interest," no one in this suspicious death case has been charged. Even if Justin wasn't murdered, his mother could be charged with not reporting his death. And if Rodriguez buried the body, he could be charged with abuse of corpse. 

Wednesday, October 17, 2012

Philadelphia Cop Jonathan Josey Sucker-Punches Aida Guzmani: "To Serve and Protect?"

     On Sunday, September 30, 2012, Philadelphia police were out in force to provide security for the city's annual Puerto Rican Day Parade. A group of officers, just off the parade route, were putting a man into handcuffs when someone nearby threw water or something like silly string on them. Lieutenant Jonathan Josey, in reaction to this harmless act, grabbed 39-year-old Aida Guzmani whose back was to him. Josey turned her around, punched her in the face, and then hit her in the back of the head. The mother of three collapsed to the ground with blood running out of her nose and mouth. Other officers slapped handcuffs on the stunned Guzmani, lifted her to her feet, and hauled the bloodied woman off. She was charged with disorderly conduct.

     A witness to officer Josey's assault recorded the event on her cellphone, then posted he 94-second video on YouTube where, over the next couple of weeks, it was seen by millions of viewers. It's hard to imagine anyone who has watched the video concluding the officer Josey's actions were justified. The Philadelphia Highway Patrol Lieutenant's attack on Guzmani seemed unprovoked, and entirely uncalled for.

     The day after officer Josey decked Aida Guzmani, he was placed on "restricted status," meaning assigned to a desk until internal affairs officers completed their investigation. But as more and more online viewers witnessed this egregious overreaction, the Philadelphia's police commissioner and the mayor came under increasing pressure to act more aggressively against this officer. A week or so after the incident, the police commissioner suspended Lieutenant Josey "with the intent to dismiss." The department also dropped the disorderly conduct charges against the women he slugged.

     In response to growing public outrage of Lieutenant Josey's gratuitous brutality, Philadelphia Mayor Michael Nutter, in publicly apologizing for this officer's indefensible behavior, used the words "appalled," "sickened," and "ashamed." This apology did not sit well with members of the Philadelphia Police Department. (Cops never apologize, and don't look kindly on people who do it for them.)

     So, who is this female-punching, 19-year veteran of the Philadelphia Police Department? In 2006, Josey, pursuant to some puerile contest sponsored by the Philadelphia Daily News, nominated himself as the city's sexiest man. In support of his quest for the title, the cop submitted a photograph of himself in a pair of red shorts, a shot that featured his pierced nipple. According to Josey's sexiest man resume, the officer described his most outstanding character traits as charm, and a "magnetic personality." (Really.) This charming and magnetic law enforcement hunk wanted to make it known that he was in search of a "sexy, sexy, sexy" woman. How ironic.

     In 2007, the city settled a lawsuit against officer Josey brought by a man who claimed the officer had inappropriately kicked, punched, and threw him against a wall. In March 2010, Josey shot and killed a man who was robbing a 7-Eleven store. The department cleared him of this shooting, and no criminal charges were filed. During his career, Officer Josey has been the subject of 13 complains for both verbal and physical abuse. (Who knows, in the Philadelphia Police Department, this may be a good record.)

     Shortly after the police commissioner announced Lieutenant Josey's dismissal, John McNesby, the president of the local chapter of the Fraternal Order of Police (FOP), announced that the organization would be holding a fund-raiser for their fellow union member. The proceeds would go for Josey's living expenses.

     FOP President McNesby, said this to a reporter: "It was inappropriate for the city to apologize to this woman [he couldn't bring himself to utter her name] and drop the charges until the [internal affairs] investigation was completed." (Perhaps the FOP could have held-off the fund-raiser until the facts were in.
     Police officers have become increasingly thin-skinned and militant. They don't like outside interference and criticism by people they think have no idea what it's like to enforce the law. Police officers also hate civilian cellphone cameras. Had the Josey-Guzmani incident not been caught on video, one of Philadelphia's most sexy men would still be in uniform.        

Tuesday, October 16, 2012

Matthew Sofka: The Philadelphia Wedding Brawl

     Matthew Sofka, a 26-year-old from Westfield, New Jersey, had attended his brother Michael's wedding in the Society Hill section of Philadelphia on Saturday, October 8, 2012. That night, after the wedding reception held at a nearby restaurant, members of his family who were staying at the Sheraton Society Hill, were partying in the hotel bar. Guests from another wedding that day were also in the lounge having late night drinks. Early Sunday morning, when Matthew Sofka arrived at the hotel bar, more than fifty post-wedding drunks were in the midst of a wild, barroom brawl.

     This massive display of drunken violence in the city of brotherly love was caught on video by Max Schultz, a 15-year-old in town on a birthday sightseeing trip. ( I'm sure the barroom scrap will make a bigger impression on the boy than his visit to the Liberty Bell. His video, portraying the fight from above, and at a distance to give it panoramic scope, has been seen by at least a million people on YouTube.)

     The Philadelphia police were on the scene swinging their batons and firing their stun guns when Matthew Sofka arrived at the bar, and allegedly jumped into the fray. Before the police brought the wildly swinging wedding celebrators under control, Sofka had been struck by a police baton, and tasered. During the melee, a 57-year-old uncle celebrating the marriage of the other bride, suffered a heart attack in the hotel parking lot. A short time after Vincent Sanutti's collapse (I presume he was in the bar when the fight broke out), he died at the Thomas Jefferson University Hospital.

     While no one has been charged in connection with Mr. Sanutti's death, the authorities have charged Matthew Sofka with assaulting officer Sean Dandridge. The defendant has denied punching and kicking the Philadelphia cop. ( I presume the police have the assault on video.) Two other belicose party animals have been charged with disorderly conduct. No one seems to know what started the fight, but I sure it was over something really stupid. Sofka's paid his $25,000 bail and was released from custody. 

Monday, October 15, 2012

Jerry and Dorothy Sandusky: The Pedophile and His Enabling Wife

     Just when you think you've heard the last of Jerry Sandusky, the convicted Penn State child molester, he pops back into the news. The current burst of media attention involves a letter his wife Dorothy, aka "Dottie," wrote to John Cleland before the judge recently sentenced her husband to thirty to sixty years in prison.

     In her leniency plea to the judge, Mrs. Sandusky referred to Jerry as a "man of very high morals." While portraying the former football coach as a saint, Dottie labeled the ten witnesses who had testified against him last summer as ungrateful liars. The outraged wife blamed Jerry's sex offense conviction on a vast conspiracy comprised of dishonest criminal investigators, overzealous prosecutors, perjuring witnesses, and a tabloid news media. She also accused Penn State University officials of putting public relation concerns above honesty. She then laid into Matt, one of the Sandusky's six adopted children. Matt, just before the jurors began deliberating Jerry Sandusky's fate, publicly accused the defendant of repeatedly sexually molesting him.

     In 1987, Matt Hiechel, a troubled 8-year-old, met Jerry Sandusky through his charity, The Second Mile. The coach took the boy, who was living in a foster home, to football games, and spent a lot of time with him alone. At one point, Matt told his biological mother, Debra Long, that he didn't want to see Mr. Sandusky anymore. The boy's desire to be left alone by the coach did not end the relationship.

     In 1996, after Matt burned down a barn, Jerry and Dottie Sandusky took the 17-year-old into their home, and a year later, adopted him. In March 1996, Matt tried to kill himself by overdosing on aspirin. (He later described the suicide attempt as a cry for help.)

     During middle of Jerry Sandusky's trial, Matt told investigators that the defendant had repeatedly molested him, and that he was willing to testify for the prosecution. (He didn't testify.) In an audio-taped police interview, Matt said this about his relationship with the coach: "It just became very uncomfortable. With the showering, with the hugging, with the rubbing...."

     In her letter to Judge Cleland, Dottie wrote: "People need to know what kind of person he [Matt] is. We have forgiven him many times for all he had done to our family, thinking he was changing his life, but he would always go back to his stealing and lies. He has been diagnosed Bipolar, but he refuses to take his medicine."

     Mrs. Sandusky reminds me of Anna Hauptmann, the woman married to Bruno Richard Hauptmann, the man convicted in 1935 for the murder of the 20-month-old son of Charles and Anne Lindbergh. Following Hauptmann's electrocution in April 1936, Mrs. Hauptmann, in the face of overwhelming evidence of her husband's guilt, devoted her life to exonerating him. She did this, I think, because she simply couldn't live with the realization she had been married to a baby killer.   

Thursday, October 11, 2012

NYC Detective Hassan Hamdy's Road Rage

     Noel Polanco, a 22-year-old member of the New York Army National Guard, lived with his mother and worked at a nearby Honda dealership in the Astoria section of Queens. At 5:15 in the morning of Thursday, October 4, 2012, Polanco and two passengers were in his black Honda traveling on the Grand Central Parkway in Queens. Diane Deferrari, a bartender at the Ice NYC Bar, an Astoria lounge where Planco worked part time, was riding in the front passenger's seat. Seated in the back was Venessa Rodriguez, Planco's friend and off-duty police officer. (Officer Rodriguez was on restricted duty following a June shoplifting arrest.) The trio were coming from the Ice NYC Bar en route to the building where Deferrari and Polanco had apartments. While at the lounge, Polanco had consumed a beer, and had smoked a hookah (flavored tobacco filtered through a multi-stemmed water pipe).

     When Polanco encountered heavy, early morning traffic on the parkway, he began driving erratically. He crossed into the middle lane from the right, and in so doing, squeezed between two New York City Police Emergency Service Unit (ESU) trucks. (ESU is an elite SWAT-like paramilitary squad within the NYPD.) Polanco suddenly swerved into to the left lane and tailgated the car in front of him. After traveling a short distance, Polanco cut back in between the two police vehicles.

     One of the ESU officers, infuriated by Polanco's reckless driving, gave him the finger and shouted obscenities. The police turned on their sirens, ordering the wild driver to pull over. (The ESU officers had just raided and searched a drug site in the South Bronx, and were on their way to Brooklyn to break into another place.)

     Noel Polanco, in heavy traffic, brought his Honda to a stop alongside the parkway median. Two ESU officers approached the car. Detective Hassan Hamdy walked up to the passenger's side with his gun drawn. When Diane Defarrari lowered her window, Hamdy ordered the car's occupants to show their hands. Polanco complied with the order by placing his hands on the steering wheel. What happened next defies logic: Detective Hamdy, through the passenger's window, shot the unarmed driver in the abdomen.

     The ESU officer on the Polanco's side of the Honda pulled the severely wounded man out of the car and onto the parkway. Paramedics rushed Polanco to New York Hospital  Queens where an hour after he arrived, Polanco died.

     The fatal shooting of an unarmed man following a traffic stop on the Grand Central Parkway by an ESU officer comprised a major news story. While New York Police officers in recent years have shot very few people, over the past few months there has been a dramatic spike in the department's rate of police involved shootings. The killing of Noel Polanco by Detective Hamdy brought media scrutiny upon this officer which has revealed the following:

     In 1998, after four years in the Marine Corps as a sergeant in an artillery division, Hassan Hamdy joined the NYPD. The resident of Centereach, Long Island was not only assigned to ESU, he became a member of the Tactical Apprehension Team (TAT), a paramilitary unit that conducts predawn, no-knock SWAT-style drug raids. In 2001 and 2008, Hamdy was among several defendants in a pair of federal civil rights lawsuits against the city that the municipality had to settle for a total of $516,000. However, in May 2012, when TAT officers were in a neighborhood to conduct a drug raid, Hamdy and his fellow officers helped rescue five people from a burning apartment. Up until he killed Noel Polanco, Detective Hamdy had not fired his weapon in the line of duty.

     It seems unlikely that NYPD internal affairs investigators will find this fatal shooting administratively justified. On October 10, 2012, NYC Police Commissioner Raymond Kelly announced that a local grand jury will determine what happened in the Polanco shooting. In the meantime, the dead man's mother and her attorney will meet with Queens District Attorney Richard Brown. Detective Hamdy's lawyer has said that Polanco didn't comply with his client's orders to raise his hands. Diane Defarrari, the front-seat passenger, has disputed this claim.

   

     

Wednesday, October 10, 2012

The Sentencing of Jerry Sandusky: Goodbye and Good Ridance

     Jerry Sandusky, the 68-year-old former Penn State football coach and founder of the Second Mile Charity for underprivileged kids who was recently convicted on 45 counts of sexually abusing ten boys, could have been sentenced to a maximum of 400 years in prison. Six of Sandusky's convictions carried a mandatory minimum sentence of ten years. That doesn't mean, however, that the judge John Cleland had to impose a minimum sentence of sixty years behind bars. The judge had the discretion of running these sentences concurrently--meaning simultaneously. He could also have imposed consecutive prison terms which means sacking them on top of each other. Theoretically, Sandusky could have received as little as ten years, but as a practical matter, any sentence more than 25 years would consist of a life sentence for this pedophile.

     On Monday, October 8, 2012, the day before his date with the judge, the Penn State radio station played a jailhouse taped statement by a defiant Sandusky in which he blamed his accusers, the investigators, his attorneys, the media, and the university for his convictions. He said, among other ridiculous things: "They can take away my life, they can make me out as a monster, but they can't take away my heart. In my heart, I know I did not do these alleged, disgusting acts. My wife has been my only sex partner and that was after marriage. Our love continues." (I think I'm going to be sick.)

     Only a hardcore sociopath could make a statement like this. The guy not only believes he hasn't victimized anyone, he sees himself as a criminal justice martyr. I'm sure in the vast pedophile community, Jerry Sandusky is a hero. It will be interesting to see what happens if he tries to sell this line of bull in prison where everybody is innocent, and has a tale of woe.

     On Tuesday, October 9, 2012, Judge John Cleland, after hearing from several of Sandusky's victims, and the sex offender himself, sentenced the Penn State pedophile to thirty to sixty years behind bars. When escorted out of the courtroom handcuffed and in his red jumpsuit, Sandusky smiled for the TV cameras.

     It will be up to the Pennsylvania Department of Corrections to determine where Sandusky will serve his time, and under what conditions. Just because he is a sex offender does not mean he will automatically be placed in administrative segregation for his own protection. At present, there are 6,800 sex offenders serving time in the state's prison system. Most of them live in the general prison population.

     When I visualize Jerry Sandusky's future as an imprisoned serial pedophile, I see a big, gray-haired guy in black and white striped overhauls breaking big rocks with a small sledge hammer. Sometimes I see him frightened and helpless, cowering in the prison yard, or looking furtively over his shoulder for a heavily tattooed guy armed with a homemade dagger.

     This, of course, is not how it will be for Penn State's famous child molester. Sandusky will probably be incarcerated in one of the state's minimum security correctional institutions. He will have his own dorm room where he can watch Penn State football on his $275, prison-issued, 13-inch TV set that will bring in 15 channels. (HBO and networks like it are excluded, as well as movies that are R-ratred.) He will enjoy two hot meals a day, full health care services (including a sex change operation if he wants one), and whatever medication he needs.

     The coach will be able to exercise daily, have a prison job if he wants one, buy things at the commissary, go to church on Sunday, and have regular visitors. If he wants, he can play cards and other table games with his fellow sociopaths, many of whom will be disgraced politicians and crooked bureaucrats. He'll probably make a lot of new friends, people, as compared to him, are pretty nice.

     Okay, Mr. Sandusky's life behind bars is not going to be that great, but it might be better than the lives he created for some of his victims. One thing is sure, this man has violated his last child. Perhaps that will be his greatest suffering. In the meantime, the scandal and legal mess he left behind for Penn State University will continue, for years.
     

Sunday, October 7, 2012

The Crime Lab Crisis: Too Many Cases, Not Enough Money

     So far this year, forensic science auditors have reported serious quality control problems in crime labs throughout the state of Michigan, St. Paul, Minnesota, Houston, Texas, Raleigh, North Carolina, Los Angeles, California, and Boston, Massachusetts. Over the past few years, dozens of crime laboratories across the country have lost their accreditation or have been closed. There have been major problems in drug testing units as well as in the fields of toxicology, DNA analysis, latent fingerprint processing, and firearms identification.

     While there has been some budget cutting that affects street policing, SWAT operations, anti-terrorism programs, and drug enforcement, crime labs have suffered the most from economic austerity. The lack of adequate crime lab funding has created personnel shortages, diminished training, physical plant deterioration, and attenuated administrative oversight.

     Overworked, and in many cases under-qualified lab personnel have produced scientifically unreliable results which have put tens of thousands of criminal cases in jeopardy. Moreover, virtually every crime lab in the country is plagued with substantial caseload backlogs which has seriously eroded the nation's criminal investigative services. Detectives are gathering the physical evidence, but getting it tested is a problem. While investigators wait for crime lab results, criminals remain at large committing more crimes. Crime labs have been closed down because forensic scientists have been caught taking short cuts, lying under oath, and mishandling evidence. As a result, the nation's crime investigation services have become less productive.

     On August 30, 2012, in Massachusetts, after revelations that a forensic chemist had deliberately mishandled drug samples, and failed to follow testing protocols, the state crime lab was shut down. Between 2003 and 2012, this lab analyst had handled more than 50,000 drug samples involving some 34,000 defendants. Now all of these cases are in jeopardy.

     The crime lab problem in Massachusetts reveals how much damage a single forensic scientist can cause. It also shows the effects of a grossly imbalanced criminal justice system. The government spends an enormous amount of tax dollars catching drug dealers and their customers which in turn overloads our underfunded crime laboratories. While television series like "CSI" has created high forensic science expectations among the general public, American criminal investigation, as it is actually practiced, is becoming less scientific and more militaristic. In the relatively short history of American forensic science, the golden era lays behind us, and the future looks bleak.