Searching Your Kid's Room

     A few years ago in Tempe, Arizona, a cleaning lady discovered what looked like an improvised explosive device (IED) in an 18-year-old boy's bedroom. She took the suspicious-looking object to the local fire station where it was x-rayed and determined to be a live bomb capable of detonation. Members of a bomb squad disabled the device. While not a big IED, the bomb was powerful enough to  destroy property and even kill people.

     The cleaning lady, when questioned by detectives, showed them photographs she had taken of other items in Joshua Prater's room that included bomb-making materials. Police officers, after searching Prater's room took him into custody. He was charged with possession of an explosive device. Bomb making is dangerous business. This kid was lucky he didn't blow up his room and himself.

     According to media reports, the bomb-marker's parents told detectives that their son's friend taught him how to make the IED. While it's hard to imagine parents who would allow their child to build a bomb in his room, it was not clear if these parents knew what their son was up to before the cleaning lady took action.

     Several months after Prater's arrest he pleaded guilty to the misdemeanor count of disorderly conduct. The judge sentenced him to one year probation. 

     Do parents know what their children are up to?  Should parents regularly search their children's rooms? 

     Studies show that most children have high opinions of themselves. They also feel entitled to things they are unwilling to work for. They can also be notorious liars and profoundly ignorant of how things work in real life. They think they know everything because they know so little.

     In a parent's home a child has no legal right to privacy. In the domestic environment, parents are the cops, prosecutors and judges They have a right to know, and the duty to find out, if their kids have drugs, pornography, guns or bombs in their rooms. And the only way to be absolutely certain that they do not possess these things involves periodic searches. Children should not be allowed to lock their doors. If they do have locks parents should have the keys. Kids need to know that privacy is for adults. When they live in their own places mom and dad can be locked out.

What Happened to Shane Montgomery?

     In November 2014, 21-year-old Shane Montgomery, a catholic high school graduate from the Roxborough section of Philadelphia was a senior at nearby West Chester University. On Wednesday night November 26, 2014 Montgomery, his cousin and a couple of friends were barhopping in Philadelphia.

     In the early morning hours of Thanksgiving Day Montgomery and his group were drinking at Kildare's Irish Pub on Main Street in Philadelphia's Manayunk neighborhood. At some point Montgomery got separated from his friends in the crowded bar. At 1:45 AM he accidentally bumped into the DJ's table. The bouncer ordered the student out of the pub. Montgomery apologized and left the premises.

     After he was seen leaving the bar, Shane Montgomery did not return home. Friends and family were unable to get in touch with him by phone and he didn't show up for Thanksgiving dinner. Concerned, his family filed a missing persons report with the Philadelphia Police Department.

     On Friday November 28, 2014, volunteers circulated missing persons notices around the Manayunk neighborhood. The posters featured a photograph of the missing college student along with a picture of the Celtic cross tattooed across his shoulder blades. The 5-foot-11 inch 140-pound Montgomery, when he left the bar, was dressed in jeans and a gray hooded sweatshirt.

     The search for Shane Montgomery included the use of dogs, a helicopter and boats on the Schuylkill River that flows alongside Manayunk's Main Street. Five-hundred volunteers searched the riverbank, the footpath and the railroad tracks that run parallel to the street.

     A cellphone tower in Lower Merion Township picked up a signal from Montgomery's cellphone a little less than an hour after he left Kildare's. The phone itself was not recovered. At the bar there was no video surveillance footage for detectives to review.

     On Sunday November 30, 2014, a FBI task force joined in the hunt for the missing student. A $10,000 reward was posted for information leading to his whereabouts.

     Shortly after noon on Saturday January 4, 2015, a volunteer diver from the Garden State (New Jersey) Underwater Recovery Unit found Shane Montgomery's body in three feet of water near the Schuylkill riverbank not far from the Manayunk bar where he was last seen. Two weeks earlier a diver from the same unit found Montgomery's car keys in the water near the river bank 800 yards upriver from where his body was recovered.

     Shane Montgomery's uncle, on January 5, 2015, told reporters that the medical examiner's office had completed its autopsy and had ruled the young man's drowning death an accident.

     In March 2019, a jury sitting in Philadelphia found that the Kildare Irish Pub owner had to pay $525,000 in damages to the family of Shane Montgomery for serving the student alcohol after the student was manifestly intoxicated.

When a "Celebrity" Dies

     In California, by law, any time a "celebrity" dies suddenly and unexpectedly the body must undergo an autopsy. This is because of the media and the disturbing fact that in America celebrities are more important than the rest of us. (There are thousands of suspicious deaths every year that should but do not receive autopsies because of the shortage of forensic pathologists.) In Hollywood, to die suddenly without an autopsy is a posthumous insult.

     It's easy to understand, for example, why Natalie Wood's sudden and unexpected drowning death in 1981 made headlines. She was a beautiful and famous Hollywood actress, and her husband, a potential suspect in the case, was also a star. This celebrity death had all the makings of an O.J. like media spectacle. But when "Coroner to the Stars" Dr. Thomas Noguchi ruled the death an accident he killed the story. Decades later the Natalie Wood case regularly raises its head in the tabloids as a potential murder.

     If a wife from Buffalo New York fell off a boat into Lake Erie after arguing with her accountant husband only a handful of people would have heard about the death in the local media. At best this death would engender a cursory investigation then slip into permanent oblivion.

     The regular re-opening of the Natalie Wood case has been more of a tabloid media event than a serious cold case homicide investigation. It's more about entertainment than the administration of justice.

Home Alone in Manchester

     In July 2014, a man named Jerusalem Monday, his wife and three of their children left their apartment in Manchester, New Hampshire for a one-month visit to Nigeria Africa. They left their twin 9-year-old boys in the care of Jerusalem's 25-year-old brother Giobari Atura who, according to the plan, had agreed to temporarily move into the apartment with the boys.

     Giobari Atura, instead of taking up residence with his charges, told his nephews that he'd stop by their apartment three times a week to bring them food and see how they were doing. As it turned out the uncle didn't even keep that promise. This became a real problem when the parents didn't come home in a month as planned. By November 2014, five months after they left the U.S., they were still in Nigeria.

     The boys took care of themselves. On school days they got up in time to get on the bus. They ate breakfast and lunch at the school. The kids had no food in the apartment and didn't have access to a phone.

     Someone at the boys' elementary school got wind of their plight and called the State Division of Children, Youth and Families. After a social worker with the agency spoke with the twins she notified the Manchester Police Department and took the twins into protective custody.

     Detectives reached out to the parents in Nigeria who said they had been delayed in Africa due to illness and passport problems. They promised to return home within a couple of weeks. Mr. Monday said that his brother had been assuring him telephonically that the boys were fine. The father said he had no idea his sons had been living alone in the apartment.

     The abandoned boys told detectives how they had managed to get by on their own. They said they had been lonely and missed their family.

     In December 2014 Hillsborough County prosecutor Michael Valentine charged Giobari Atura with the misdemeanor offense of endangering the welfare of a child. The judge set his bail at $500. (I could not find a disposition of the Atura case. He had been scheduled for trial in August 2015.)

     Upon the parents return to the U.S. in December 2014 they gained custody of the twins. The local prosecutor decided not to charge them with a crime.

Prosecutor Alex Hunter And The JonBenet Ramsey Case: A Profile In Courage

     An early morning emergency call that a child had been kidnapped brought a pair of Boulder Colorado police officers to John and Patsy Ramsey's three-story house on December 26, 1996. Patsy Ramsey informed the officers that she had found a handwritten ransom note inside the house on the stairway. Fearing that her 6-year-old daughter JonBenet had been kidnapped for ransom, she called 911. After a cursory sweep of the 15-room dwelling the patrol officers called for assistance.

     During the next two hours, amid friends and relatives who arrived at the house to console the family, police set up wiretap and recording equipment to monitor negotiations with the kidnappers. At one point in the afternoon Boulder detective Linda Arndt asked John Ramsey to look around the house for "anything unusual." Thirty minutes later he and one of his friends discovered JonBenet's body in a small basement room. Her mouth had been sealed with duct tape and she had lengths of white rope around her neck and right wrist. The rope around her neck was tied to what looked like the handle of a paintbrush.

     In the months following the murder police officers, prosecutors, media and most Americans believed that someone in the family had killed the tiny beauty queen. But if this were the case, who had written the two and a half page ransom note? Forensic document examiners eliminated John Ramsey as the ransom note writer and all but one handwriting expert concluded that Patsy Ramsey had probably not authored the ransom document. Evidence also surfaced that an intruder could have entered the house through a broken basement window.

     On June 14, 2006, after a 13-year battle with ovarian cancer, Patsy Ramsey died at the age of 49. John Ramsey later remarried.

     When Boulder County District Attorney Alex Hunter's announced in 1999 that his office would not prosecute the Ramseys due to lack of evidence, the media reported that the grand jury looking into the murder agreed with the prosecutor's assessment. But on January 28, 2013, according to ABC News reportage, while the grand jury didn't find sufficient evidence to charge the Ramseys with murder, the grand jury did find enough evidence to indict the parents for child abuse that resulted in the victim's death. Notwithstanding this grand jury finding, Alex Hunter stood firm in his decision not to prosecute the parents.

     According to Ramsey family attorney Lin Wood, Alex Hunter was "a hero who wisely avoided a miscarriage of justice." Most true crime pundits familiar with the Ramsey case agreed with attorney Wood. The Ramseys were not only victimized by their daughter's killer and incompetent homicide investigators, they were victims of a tabloid-like media that falsely portrayed them as child murders.

       While the Ramsey case is still open, investigators do not appear close to solving the murder. JonBenet would have turned 27 this year. 

Newsworthy Murder Cases

     Most murders quickly slip into media oblivion. A few attract local or regional interest for a period of time. Only a handful become national news and even fewer rise to what could be called celebrity crime status. Celebrated crimes of the twentieth century would include the Lindbergh kidnapping, the O. J. Simpson murders and the John F. Kennedy assassination. The twenty-first century has not seen its first truly celebrated murder. But over the past two decades there have been many newsworthy homicides.

Twenty-five types of murders cases that often become, if not celebrated, at least highly newsworthy:

* Murder cases featuring strong suspects with no confession, eyewitnesses or physical clues.
* Serial murders with plenty of physical clues but no suspects.
* Dismemberment cases involving innocent and unlikely victims.
* Carefully planned murders by physicians, priests, professors and other high profile suspects.
* Black widow poisoning cases involving a string of dead husbands.
*Angel of death hospital poisonings involving several patients.
* Murder investigations that feature either brilliant or bungled police work.
* Murder-for-hire cases involving unlikely masterminds.
* Murders featuring professional athletes as either victims or suspects.
* Sudden and suspicious death cases involving dueling cause and manner of death testimony.
* Murders involving questionable blood spatter, ballistic and human bite mark evidence.
* Murder trials involving obvious suspects but missing bodies. (So-called no-body cases.)
* Murders involving evil kids from upper-middle class families.
* Love triangle murder cases involving prominent people and plenty of sex.
* Murders involving TV and Movie actors.
* Major mafia hits.
* Domestic bombing cases involving many victims.
* Mass school shootings.
* Murders featuring unusual motives.
* Murders involving unusual murder weapons.
* Murderous armored truck heists.
* Murder trials involving the acquittal of obviously guilty defendants.
* Murder cases featuring the conviction of innocent defendants.
* Cold case murders solved by modern forensic science.

The Greg Oden Assault Case

     Police arrested NBA player Greg Oden on August 7, 2014 in Lawrence Indiana for punching his former girlfriend. The incident happened around three-thirty in the morning. Officers arrived at the house to find the victim crying and lying across a bed holding her face. At first the victim was reluctant to inform on her ex-boyfriend.

     Police officers observed physical evidence of violence on the victim's face and in the room where the attack took place. The assaulted woman had a badly swollen nose and lacerations on her forehead. A flower pot had been knocked over and the carpet contained fresh blood stains. One of the victim's friends had witnessed the assault that took place in the living room of the house owned by Oden's mother.

     When police officers asked Oden what happened, he said, "I was wrong. I know what has to happen." The NBA player said he and the victim had broken up a couple months ago after having dated for two years.

     Police officers took Oden into custody and transported him to the Marion County Jail where the suspect faced a charge of battery.

     As a freshman in 2007 Oden led Ohio State University to the national title game. After one year in college he entered the NBA. He missed three seasons (2011-2013) due to an injury before making his comeback in 2014 with the Miami Heat.

     In February 2015, following his guilty plea, the judge fined Oden $200 and sentenced him to 26 weeks of domestic violence training.

America's Expanding Waistline

    Everything in America is getting bigger. Men, women and children are getting heavier and require larger toilets, seat-belt extensions, bigger furniture, oversized theater seats, wider revolving doors, scales that go beyond 300 and even wide-body caskets. The U. S. government has gotten as fat and unhealthy as the American people and seems unable to trim itself or its citizens.

The Case of the Obese Boy

     In October 2011 Cuyahoga County (Ohio) Children and Family Service workers took an 8-year-old Cleveland Heights boy from his mother because the child weighed 200 pounds. A judge approved the seizure on grounds the mother's inability to get her son's weight down amounted to medical neglect. County workers were alerted to the boy's excessive weight early the previous year after his mother took him to an emergency room with breathing problems. Doctors diagnosed the child as suffering from sleep apnea and issued the family a breathing machine. After working with the boy's mother for twenty months, the agency placed the grossly overweight boy into foster care.

     The attorney representing the distraught mother told reporters that the foster mother was having trouble keeping up with all of the boy's medical and governmental appointments. As a result the county assigned a social worker to help the foster mom. A few days later the boy's real mother, an elementary school teacher, publicly stated that she had done her best to limit her son's access to food. She didn't want her boy to be obese and sick and did not feel his condition was a result of neglect or bad parenting.

     The government's removal of this child from his home set off a national debate over governmental authority and discretion versus parental rights. The weight of public opinion seemed to be with the mother. Perhaps that was because three million children in the country were extremely obese. Moreover, it was hard enough keeping kids away from cigarettes, drugs, pornography, pedophiles and alcohol. Controlling their eating habits, particularly in a glutinous culture of junk food and soft drinks, was easier said than done.

     This boy from Cleveland Heights is real person and a sad story. His story, while in the extreme, represents what is taking place regarding the health of our country. The government is big, bloated and unhealthy and so are its people.  

The Stolen Valor Act Versus Free Speech

     In 2006 congress passed The Stolen Valor Act which made it a crime to falsely claim to have earned medals for service in the U.S. armed services. The law imposed a maximum sentence of $5,000 and six months in prison. In 2007, Xavier Alvarez, a newly elected member of the Three Valleys Municipal Water District in Claremont, California, introduced himself to his fellow board members as a retired Marine of 25 years who, in 1987, was awarded the Congressional Medal of Honor. Alvarez never served in the military.

     Following his federal indictment under the Stolen Valor Act, Alvarez pleaded guilty then appealed his conviction to the 9th Circuit Court of Appeals which, in a 2-1 decision struck down the act on the grounds it violated free speech. The U.S. Solicitor appealed this decision and the U.S. Supreme Court agreed to hear the case.

     In June 2012, the United States Supreme Court ruled 6 to 3 that The Stolen Valor Act violated the First Amendment right of free speech.

     Unless the questioned lying is under oath or pursuant to theft by deception this behavior should not constitute a crime. If we're prosecuting fake war heroes, what about job applicants who submit phony private sector resumes, people who exploit bogus diploma-mill degrees, and politicians who tout fake backgrounds and nonexistent accomplishments? Where would it end? If we're going to make lying a crime why not prosecute the bureaucrats and politicians who lie to us every day?

     While phony war heroes should be exposed and humiliated, nothing is gained, from a jurisprudence point of view, by sending this particular type of liar to prison. If all despicable behavior is criminalized there will be more people in prison than out. 

A Light Sentence For A Child Molester

     In December 2018, an 18-year-old woman from the Western Pennsylvania town of New Castle went to the local police with a terrible complaint. When she was 9-years-old a 36-year-old man named William Quigley began sexually molesting her. He continued to have indecent sexual contact with her until she was 11 when the molestation escalated to sexual intercourse. The girl was raped by this man for another two years.

     When taken into custody, William Quigley confessed to the almost five-year sexual relationship with the minor. The Lawrence County District Attorney charged him with rape and several lesser sexual offenses.

     In September 2019, pursuant to a plea agreement, a Lawrence County judge sentenced the 45-year-old child rapist to 5 to 12 years in prison followed by three years of probation.

     A man who sexually molests a 9-year-old girl for two years and rapes her for almost another three should not be sentenced to less than 20 years in prison. William Quigley should not have been allowed to plead guilty in return for such a lenient sentence.

     What's also disturbing about this case is that no one in the New Castle community seemed upset by Quigley's light sentence.