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Friday, August 18, 2017

Jury Duty in the George Zimmerman Murder Trial

I want people to know that we [the six-woman jury] put everything...into this verdict. We thought about it for hours and cried over it afterwards. I don't think any of us could ever do anything like that ever again. I have no doubt that George [Zimmerman] feared for his life in the situation he was in at the time. I think both [he and Trayvon Martin] were responsible for the situation they had gotten themselves into. I think they both could have walked away. [When the jury in the Zimmerman trial began their deliberations, three were for acquittal, one for second degree murder, and two for the manslaughter charge.]

Juror B 37, George Zimmerman murder trial, Sanford, Florida 2013 

Saturday, August 12, 2017

A Hit and Run Suspect Almost Escaped to Jordan

     A man wanted in a hit and run crash that left a 73-year-old man with severe injuries was minutes away from fleeing the country when U.S. Customs and Border Protection agents intervened and took the suspect into custody….Arlington, Texas police had an arrest warrant for Omar Mohammad, 25, and had contacted U.S. Customs and the Department of State, thinking Mohammad might be a flight risk. And they were right….

     Police informed federal investigators at 5:30 PM Wednesday, February 19, 2014 about Mohammad….That information came just in time. That flight, on its way to Jordan, was already on the tarmac and ready to depart….

"Texas Hit-And-Run Suspect Captured on Tarmac," CBS News, February 24, 2014


Friday, August 11, 2017

Destroying Pornographic Evidence in a Closed Murder Case

Legal experts say the destruction of evidence in a fatal Ohio rape case was likely justified by harm that could occur if the material became public. At issue are photos and audio and video recordings collected in the investigation into the 2012 death of Deanna Ballman and her nearly full-term child at the hands of a doctor convicted of killing her with a heroin overdose. Delaware County Judge Duncan Whitney approved a prosecutor's request late last year to destroy the evidence once the case is wrapped up. Assistant Delaware County prosecutor Kyle Rohrer argued the evidence was obscene because its purpose was to arouse lust….

"Judge Backs Destruction of Evidence in Ohio Rape Case," Fox News, February 9, 2014 

Monday, July 31, 2017

The Jason Young Murder Case

In November 2006, 29-year-old Jason Young and his 26-year-old wife Michelle lived in a suburban home outside of Raleigh, North Carolina. They had a 2-year-old daughter named Cassidy. Michelle was five months pregnant with their second child. It was not a happy marriage. He had several girlfriends, and as a salesman for a medical software company, he spent a lot of time on the road. Michelle told friends and relatives that she hated her life.

     On the morning of November 3, 2006 Jason was out of town. The previous night he had checked into a Hampton Inn in Huntsville, Virginia 169 miles from Raleigh. At nine that morning, he left a voicemail for Michelle's younger sister, Meredith Fisher. Jason asked Meredith to stop by his house and retrieve some papers for him. (I presume he told Meredith he had called home and didn't get an answer.)

     Later that morning, Meredith Fisher entered the Young house on Jason's behalf. When she climbed the stairs to the second floor, she was shocked by the sight of bloody footprints. In the master bedroom she discovered her sister lying facedown in a pool of blood. The victim, wearing a white sweatshirt and black sweatpants, had been bludgeoned to death beyond recognition. Meredith found Cassidy hiding under the covers of her parents' bed. She had not been harmed, but her socks were saturated in her mother's blood. Meredith Fisher called 911.

     According to the forensic pathologist who performed the autopsy, the assailant had struck Michelle Young at least thirty times in the head. The attacker had tried to kill the victim by manual strangulation before beating her to death. The extent of the head wounds suggested an attack by an enraged, out-of-control killer who hated the victim.

     The authorities, from the beginning, suspected that Jason Young had snuck back to North Carolina from Virginia, murdered his wife, then returned to the Hampton Inn. The killer had not forced his way into the house, nothing had been taken, and the little girl's life had been spared. At the time of the murder, Jason was having an affair with one of his wife's friends. The couple had been fighting, and Jason had made no secret of the fact he wanted out of the marriage.

     From a prosecutor's point of view, there were serious holes in the Jason Young case. The suspect had an alibi 169 miles from the murder scene, and there was no physical evidence linking him to the carnage. Moreover, no one had seen him at the house on the night of the murder. Even worse, investigators had not identified the murder weapon. As a result of these prosecutorial weaknesses, the Wake County District Attorney's Office did not charge Jason with the murder of his wife.

     Michelle Young's parents were convinced that Jason had murdered their daughter. When it became apparent that the authorities were not taking action, they filed a wrongful death suit against him. In March 2009, two years and four months after the homicide, the civil court jury, applying a standard of proof that is less demanding than a criminal trial's proof beyond a reasonable doubt, found the defendant responsible for Michelle's brutal killing. The jurors awarded the plaintiffs $15.5 in damages.

     Eight months after the civil court verdict, a Wake County prosecutor, based on a three-year homicide investigation conducted by the City-County Bureau of Investigation, charged Jason Young with first-degree murder. Police officers, on the afternoon of December 15, 2009, arrested Young after pulling over his car in Brevard, a town in southwest North Carolina. The local magistrate denied him bail.

     The Jason Young murder case went to trial in Raleigh in June 2011. The prosecutor, following his opening statement in which he alleged that the defendant had drugged his daughter that night with adult-strength Tylenol and a prescription sedative, put on an entirely circumstantial case that relied heavily on motive.

     The defense attorney hammered home the fact the prosecution could not place the defendant at the scene of the murder. The state did not have a confession, an eyewitness, or even the murder weapon. Jason took the stand on his own behalf and told the jurors that when his wife was murdered, he was sleeping in a hotel 169 miles away. He said he had loved his wife and their unborn child.

     On Monday morning, June 27, 2011, the foreman of the jury of seven men and five women told the judge that the jurors were "immovably hung" on the verdict. "We currently sit," he said, "at a six to six ration and do not appear to be able to make any further movement. Where do we go from here?"

     The trial judge instructed the jurors to return to the jury room and try to reach a verdict. But later in the day, after deliberating a total of twelve hours, the foreman announced that they were deadlocked in an eight to four vote in favor of acquittal. The judge declared a mistrial.

     The Wake County District Attorney, determined to bring Jason Young to justice, announced that he would try him again. Jason, who had been incarcerated in the Wake County Jail since his arrest in December 2009, went on trial for the second time on February 10, 2012.

     The prosecutor, in his opening statement, alleged that the defendant had checked into the Hillsville Hampton Inn just before eleven on the night of November 2, 2006. An hour later he left the building through an emergency exit he had propped open with a rock to avoid using his computer card key to re-enter the hotel. According to the prosecutor, the defendant arrived at his Birchleaf Drive home at around three in the morning. Shortly after his arrival, he drugged his daughter and murdered his wife. After cleaning up and disposing of his bloody shirt, shoes, and trousers, and ditching or cleaning off the murder weapon, he returned to the hotel, arriving there around seven in the morning.

     Following the testimony of the victim's sister, Meredith Fisher, and the testimony of several other prosecution witnesses, a Hampton Inn hotel clerk took the stand. According to this witness, he had found the emergency door on the first-floor stairwell propped open with a rock, He also noticed that in the same stairwell, someone had unplugged the security camera and turned its lens toward the ceiling.

     One of the City-County Bureau of Investigation crime scene officers testified that it appeared that someone had moved the victim's body to get into the defendant's closet. The detective said that despite all of the blood on the upstairs floor, certain items such as the sink drain had been sanitized by the killer. The investigator said he did find traces of blood on the knob to the door leading from the house to the garage. This witness had been present when, on the day after the murder, the suspect's body was checked for signs of trauma related to the killing. No injuries were found.

      A second detective testified that the dark shirt the defendant was seen wearing on hotel surveillance video footage was not in the suitcase he had used on that trip. The implication was that the defendant had disposed of the bloody garment.

     Included among the prosecution witnesses who took the stand over the next two weeks were two daycare employees who said they had seen Cassidy Young acting out her mother's beating. The girl was using a doll to demonstrate the attack. A therapist took the stand and testified that a week before her death, the victim had come to her seeking counseling to cope with her unhappy marriage. In the therapist's opinion, Michelle Young had been verbally abused by her husband.

     Jason Young's mother and father took the stand for the defense. On November 3, 2006 Jason had driven from the Hampton Inn in Virginia to his parents's home in Brevard, North Carolina. His mother testified that when they broke the news to him that Michelle had been murdered, "you saw the color just drain from his face."

     On February 29, 2012 the defense rested its case without calling Jason to the stand. (The defense attorney was probably worried that the prosecutor, having studied Jason's direct testimony from the first trial, would rip him apart on cross-examination.)

     The prosecutor, in his closing argument to the jury, said, "This woman wasn't just murdered, she suffered a beating the likes of which we seldom see. This woman was punished. The assailant struck her over thirty times with a weapon of some sort, and she was undoubtedly unconscious after the second or third blow."

     The defense attorney pointed out the weaknesses in the prosecution's case, talked about reasonable doubt, and reminded the jury that being a bad husband did not make his client a murderer.

     On March 5, 2012, after the jury of eight women and four men had deliberated eight hours, the judge, before a packed courtroom, read the verdict: guilty of first-degree murder. The 38-year-old defendant, after the judge announced the verdict, showed no emotion. Facing a mandatory life sentence without the chance of parole, Jason Young was escorted out of the room in handcuffs.

     Following the trial, several of the jurors spoke to reporters. Two members of the jury said that the lack of physical evidence in the case pointed more to the defendant's guilt than his innocence. For example, what happened to the shirt and shoes he was seen wearing on the hotel surveillance footage? A third juror found it incriminating that Cassidy had not been murdered, and possibly cleaned-up after the attack.

     The prosecutor in the Jason Young murder trial, the second time around, turned a weakness--a lack of physical evidence--into a strength. In the era of the "CSI" television shows, advanced DNA technology, and high forensic expectations on the part of juries, this was an unusual case. 

Saturday, July 8, 2017

Who's Protecting Our Personal Data?

     Corporations have to be urged to better screen job applicants and to restrict access to sensitive information. Anyone working in the  payroll or personnel departments of a company would have continuous access to the private information of all employees, and they ought to be carefully screened. But if a company doesn't lock its file cabinets containing that information or protect computerized files, then anyone in the company has access to them. Anyone involved in processing expense accounts, including the secretary who first collects them, gets to look at personal data.

     Many companies use temporary employees. Do they screen them? Does the agency that sent them screen them? Lots of businesses, especially smaller ones, outsource things like payroll services. What's the security policy of those outside vendors? Do they even have any? You don't know the names of the people working there who are routinely handling your employees' private records.

Frank Abagnale (Of Catch Me if you Can fame), Stealing Your Life, 2007

Tuesday, July 4, 2017

What is Literary Talent?

What is literary talent? A nimble fluency. A way with words. An imagination that's easily aroused, quick to see, to hear, and to feel. An ear for the music of the language and a tendency to become absorbed in the mysterious movements of its significance and sound. A sense of audience. Skill at organizing verbal concepts solidly, effectively, and fairly swiftly. An aptitude for catching the elusive forms and figures of a vivid imagination and a knack for pinning them down on a page.

Stephen Koch, Writer's Workshop, 2003

Saturday, June 17, 2017

Market Oriented Publishing

     Trivia has swamped contemporary literary life and become, it seems, more important than the books. A book's blurb is more important than the book itself, the author's photograph on the book jacket is more important than its content, the author's appearance in wide-circulation newspapers and on TV is more important than what the author has actually written.

     Many writers feel increasingly uncomfortable in such a literary landscape, densely populated with publishers, editors, agents, distributors, brokers, publicity specialists, bookstore chains, "marketing people," television cameras, photographers. The writer and his reader--the two most important links in the chain--are more isolated than ever.

Dubravka Ugresic, Thank You For Not Reading, 2003

Monday, June 5, 2017

Clueless in the Bronx: Puerile Substitute Discusses Love Life With Fourth Graders

     A New York City substitute teacher was fired after she asked her 4th grade students for romantic advice about her relationship with two men. Cassandre Fiering, 45, asked students to act out conversations where they would play the part of the men, both of whom are in their 30s….The incident happened in June 2013 at Public School 189 in the Bronx. Fiering said she was stuck in the classroom with five students without a lesson plan while the rest of the class was on a field trip. So she decided to act out the conversations….

     Students allegedly said she called them her "munchkins" and told them to toilet paper one of the men's homes….The kids, who were asked to help her choose between the two men, advised Fiering to break up with the younger of the two men because he was not returning her calls. Fiering said the conversation was harmless, and that the kids thought it was fun….

     Fiering is also an actress who has had small roles in commercials, movies and television….She admitted that it was poor judgement to bring her romantic life into the classroom, but told a reporter with The New York News that she would appeal her dismissal. "I've been slandered," she said. "This is the biggest bunch of crap I've heard in my life."

     Fiering has since ended her relationship with both men….[This puerile woman was fired because she was a substitute employee and not in the teacher's union. Otherwise, she'd still be in the classroom.]

Ben Axelson, "New York Teacher Fired For Asking 4th Graders For Love Advice About Her Boyfriends," Syracuse.com, May 22, 2014 

Sunday, June 4, 2017

How to Get a Literary Agent

Choosing an agent is a lot like choosing a hairdresser. [I currently don't have an agent or a hairdresser.] If you know a bunch of writers and most writers do because who else is home all day?) ask the successful ones who represents them. [In reality, writers with agents hate to be asked this.] If you don't know any writers, look at books by authors you admire and see which agent the author thanked in the acknowledgements. Send five to ten of these agents a resume, cover letter, and proposal for what you're trying to sell (it's imperative that the prospective agent knows that you have a money-making project in mind). Interview the agents who respond positively and pick the one you like best. If no one responds positively, send your stuff to another five to ten agents. Don't take it personally. Think of it as practice in handling rejection. (Believe me, you'll need all the practice you can get.)

Margo Kaufman in Jon Winokur's Advice to Writers, 1999

[Avoid any agent who charges an upfront fee. A vast majority of the successful agents have offices in New York City. Retaining a fee-agent with an office in Youngstown, Ohio is worse than having no agent at all. Here's the catch-22: It's difficult getting commercially published without an agent, and it's hard to get an agent if you're not published.]

Friday, June 2, 2017

JFK Assassination: Most Americans Believe in a Conspiracy

     [In an Associated Press poll] conducted in mid-April 2013, 59 percent of Americans think multiple people were involved in a conspiracy to kill President John F. Kennedy, while 24 percent think Lee Harvey Oswald acted alone, and 16 percent are unsure. A 2003 Gallup poll found that 75 percent of Americans felt there was a conspiracy.

     As the 50th anniversary of Kennedy's death approaches, the number of Americans who believe Oswald acted alone is at its highest since the period three years after the November 22, 1963 assassination when 36 percent said one man was responsible.

Associated Press, November 2013