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Monday, May 15, 2023

"The Dingo Ate My Baby" Case

     According to Lindy Chamberlain, on August 17, 1980, while she, her husband Michael and their three children were camping near Ayer's Rock in Australia's outback, she saw a dingo (a wild dog) come out of the family's tent with her 9-week-old baby in it's mouth. "The dingo's got my baby!" she screamed. The infant, named Azaria, was never found. The incident grabbed headlines around the world. In Australia the media portrayed Lindy Chamberlain as a remorseless killer.

     In Darwin, at the Magistrates Court, a coroner's inquest jury found no cause to charge the parents with criminal homicide. This was not a popular verdict, and in 1981, a second coroner's jury heard evidence in the case. This time, Lindy and Michael Chamberlain were ordered to stand trial for the murder of Azaria.

     Although the prosecutor lacked evidence of a crime--he didn't even have a body--the trial jury found Lindy guilty of first-degree murder. The media applauded the verdict, and the judge, bending to public opinion, sentenced her to life in prison. Michael Chamberlain, found guilty of accessory after the fact, received a suspended sentence.

     In 1985 a hiker found a piece of the baby's clothing in a dingo's den near Ayer's Rock. Presented with this new, exonerating evidence, an appellate court in 1987 overturned the convictions. Lindy Chamberlain was released from prison. Many Australians were not happy with this decision. The following year a movie came out about the case called "A Cry in the Dark" starring Meryl Streep as Lindy Chamberlain.

     Because many people in Australia believed that Lindy Chamberlain had murdered her baby, the authorities, in anticipation of a retrial, convened a third coroner's inquest in Darwin's Magistrates Court. The jury in the 1995 inquiry returned an open verdict, declaring the cause and manner of the baby's death unknown.

     On February 24, 2012, the Magistrates Court in Darwin was for the fourth time the site of a coroner's inquest into the death of the Chamberlain baby. Lindy Chamberlain asked for the hearing to clear her name. Specifically, she wanted the coroner's jurors to change Azaria's manner of death from "unknown" to "accidental death by animal attack." Both parents, now divorced, were in the courtroom to hear testimony bearing on the case.

     According to an expert on such matters, from 1990 to 2011 there were 239 dingo attacks in Queensland, Australia. Since 1982 at least three children had been killed by wild dogs. These statistics were presented to make Lindy Chamberlain's account of her baby's death seem less farfetched. While public opinion had already shifted in her favor, she wanted to make it official.

     The coroner's verdict exonerated the Chamberlains of any wrongdoing in the death of their child. While there has never been any evidence of foul play in this case, there will always be, notwithstanding the coroner's verdict, doubters. And a lot of this doubt can be traced back to the irresponsible journalism in this case. In this regard, the case is not unlike the JonBenet Ramsey murder case in the United States.

     As late as 2016 Lindy Chamberlain was still speaking publicly about her ordeal. Surprisingly, she held no grudge against those responsible for her wrongful imprisonment.

Thursday, May 11, 2023

Doris Payne: Celebrity Thief

     Slab Fork, West Virginia, a tiny unincorporated community in the southern part of the state, is the birthplace and childhood home of one infamous person. That person, born on October 10, 1930, is Doris Payne.

     In 1950 Doris and her family moved from West Virginia to Cleveland, Ohio where she began her notorious, lifelong career as a retail thief. Over the next 65 years Doris collected 20 aliases, 10 social security numbers, 9 dates of birth and dozens of shoplifting arrests in places such as Monaco, Paris, Monte Carlo and Tokyo. Most of her arrests, however, occurred in the United States.

     Payne's criminal career mainly featured her stealing expensive jewelry from high-end stores like Saks Fifth Avenue. Her modus operandi was simple: she would ask the store clerk to show her so many pieces of jewelry that the sales employee lost track of what was out of the showcase. Payne waited for the clerk to become distracted at which point she would scoop up an item, put it into her pocket and walk out of the store.

     In 2003, at the age of 73, Payne got caught stealing an expensive ring in Los Angeles. On September 23, 2005 police arrested her for shoplifting at a high-end store in Las Vegas.

     In January 2011, the elderly woman with the sticky fingers was caught stealing a diamond ring from a store in San Diego. That theft brought her a prison sentence of two years.

     In Costa Mesa, California, on January 2013, a Saks Fifth Avenue store detective caught Doris Payne removing the price tag from a $1,300 Burberry trench coat. (She probably planned to walk out of the store wearing the garment.) She pleaded guilty and was sentenced to two years behind bars. However, because of prison overcrowding in the state, a judge released Payne from custody after she had served only three months of her sentence.

     In 2013, Doris Payne was featured in a television documentary called "The Life and Crimes of Doris Payne." The film included interviews with Payne along with her daughter and son, her best friend and police officers from around the country. The documentary was marketed as a rags to riches story of how a poor, single, African-American mother from the segregated 1950s wound up as one of the world's most notorious jewel thieves. 

     In July 2015, the 85-year-old retail thief got caught stealing a $32,000 diamond-studded David Yurman engagement ring from a store in the South Park Mall in Charlotte, North Carolina. Following her arrest she made bail and fled the state.

     On October 26, 2015, a loss prevention officer at the Saks Fifth Avenue store in the upscale Buckhead neighborhood in Atlanta saw Doris Payne pocket a set of Christian Dior earrings and walk out of the store. When police officers ran a crime history check on the suspect, they realized they had nabbed the notorious thief and fugitive who was wanted on a warrant out of Charlotte, North Carolina.

     Shortly after the authorities booked Payne into the Fulton County Jail in Atlanta, she paid her $2,500 bond and was released. Her attorney, Scott McCullers told reporters that Payne planned to plead not guilty to the shoplifting charge. The lawyer said that because of the 2013 TV documentary about his client's life of crime she was being persecuted.

     In December 2016, the police arrested Payne at a department store outside of Atlanta for stealing diamond necklaces worth $2,000. She made bail and was released on the condition she wear an ankle bracelet.

     On March 6, 2017, when Payne didn't show for a court proceeding, the judge issued a bench warrant for her arrest.

     The 86-year-old thief, on July 18, 2017, was caught stealing merchandise from a Walmart store in Chamblee, Georgia. She had $86.22 in un-purchased items tucked into her handbag. At the time of her apprehension Payne was wearing her ankle bracelet. Officers booked her into the Fulton County Jail.

     Payne, in September 2017, pleaded guilty to the Chamblee, Georgia Walmart theft. A month later the judge gave her credit for the 58 days she had spent in the Fulton County Jail. Before she walked out of the courtroom, the judge said, "Don't come back." (The judge had dismissed the charges regarding Payne's 2015 Saks Fifth Avenue theft.)

     In October 2019 the 89-year-old Payne appeared at a book festival in Decatur, Georgia to hawk her memoir, Diamond Doris: The True Story of the World's Most Notorious Jewel Thief.  Books in this genre appeal to readers who find professional thieves romantic figures. Other fans of this kind of book harbor deep resentment for the wealthy and fantasize about stealing rather than working for a living.

     In Diamond Doris Payne justified stealing jewelry and other merchandise this way: "[Stealing] beat being a teacher or a maid." This rationale reveals the mind of the sociopath. America has a long tradition of turning criminals like Willie Sutton, John Dillinger, Jesse James and Billy The Kid into criminal legends.  Doris Payne will not, however, go down in history as one of our great anti-heroes. In the end, she was just a serial shoplifter with a sob story.

     One can only guess how many times, in Doris Payne's life of crime a store detective, after catching her conceal un-purchased merchandise in her purse, let her go after retrieving the stolen items. Many retail security officers were probably reluctant to call the police on an elderly woman. One can also image how many times she walked out of the store undetected. When shoplifters get away with their crimes honest customers pick up the bill. Where is the glamor in that?

Monday, May 8, 2023

The Nehemiah Griego "Good Boy" Mass Murder Case

     People murdered in their homes are usually killed by a family member. Cases involving husbands who kill their wives and women who take out their husbands are fairly common and therefore not particularly shocking. But when a "good" kid with no history of violence, drug abuse or mental illness carefully executes his entire family for no apparent reason, the public takes notice. Suddenly parents look at their sulking, surly children in a new light. What in the hell was going on in their callow minds? A parent might wonder if his or her child has watched too much violence on TV. And if there's a gun in the house, it might not be a bad idea to put it under lock and key. But in most cases, when parents think about children who murder, they think about other people's kids. Murder is something that happens to others.

    Pastor Greg Griego, the 51-year-old father of two boys and two girls, probably never considered himself a candidate for murder. Griego, the former pastor of one of Albuquerque, New Mexico's largest Christian churches lived with his 41-year-old wife Sarah and their four children at the end of a semi-rural road on the southwestern edge of the city. As a young man in California, before finding Jesus and entering the ministry, Greg Griego had been a member of a street gang. As one of Albuquerque's religious leaders he volunteered as a prison chaplain and had overseen the Straight Street program sponsored by the Bernalillo County Jail.

     On Friday night, January 18, 2013, 15-year-old Nehemiah Griego, after he and his mother had a mild disagreement, waited until he was sure she and his three siblings were sound asleep. Mr. Griego was not home at that time. Just before one in the morning Nehemiah took possession of a .22-caliber pistol he found in his parents' closet. He stepped lightly into his mother's bedroom where she was sleeping next to his 9-year-old brother Zephania. Nehemiah raised the 10-shot pistol and fired several bullets into his mother's head. When his younger brother refused to accept the fact his mother had just been murdered, Nehemiah forced the boy to look at her bloody face. The 15-year-old then fired several slugs into Zephania's head.

     In his sisters' room Nehemiah shot and killed Jael, age 5 and 2-year-old Angelina. Nehemiah returned the handgun to the closet and pulled out an AR-15 semi-automatic rifle. Armed with this weapon he waited in a downstairs bathroom for his father's return. After waiting five hours for his father to come home, Nehemiah opened up on Mr. Griego as he walked by the bathroom doorway, killing him on the spot.

     On his cellphone Nehemiah sent his 12-year-old girlfriend a photograph of his murdered mother's face. He also called the girl and reported what he had done as what he planned to do. Nehemiah informed his friend that he was driving to the local Walmart in the family van where he intended to randomly kill as many people as possible. He said he expected to be killed in an exchange of gunfire with the police.

     Nehemiah's girlfriend talked him into driving to Pastor Griego's church where they could discuss all of this further. Nehemiah spent the rest of the day at his girlfriend's house. Police officers took him into custody later that night.

     A Bernalillo County prosecutor charged Nehemiah Griego with two counts of murder and three counts of child abuse. (I don't know why he wasn't charged with five counts of murder.) Perfectly coherent, Nehemiah provided his interrogators with a detailed account of the mass killing. He said he was annoyed with his mother and had recently entertained thoughts of homicide and suicide. The boy expressed no feelings of guilt or remorse.

    Bernalillo County Sheriff Dan Houston, at a news conference on January 22, 2013, said that Nehemiah had been "involved heavily in violent video games" before he murdered his family. The games included "Modern Warfare," and "Grand Theft Auto." The boy had also talked about killing his young girlfriend's parents.

     According to relatives, Nehemiah was an outgoing boy who loved music and hoped one day to serve in the military.

     The cold-blooded mass murder shocked Nehemiah's relatives, his friends and his teachers. No one had seen this massacre coming. 

     By February 2015 no trial date had been set for the Griego family murders. The case had stalled for several reasons. In 2013 the judge assigned to preside over the trial took an extended leave of absence and was not replaced. The boy's defense attorney delayed progress throughout 2014 by requesting one mental health evaluation after another for his client. (Griego had pleaded not guilty by reason of insanity.) In the meantime, Nehemiah Griego remained incarcerated at a juvenile detection facility.            

     Finally, after the boy pleaded guilty in March 2016, the judge enraged many in the community by sentencing him as a juvenile. Under New Mexico law, this meant that Griego would walk free as a rehabilitated youth when he turned 21. Six years in custody for the cold-blooded murder of five people.

     In December 2019, nearly seven years after Nehemiah Griego murdered his parents and three siblings, Judicial District Judge Alisa Hart re-sentenced the 22-year-old to life in prison with the possibility of parole.

Saturday, May 6, 2023

Spontaneous Human Combustion

     Soak a rag in linseed oil, ball it up and throw it into a bucket. This rag, as a result of a chemical reaction that creates heat, will eventually catch on fire and burn. Fire scientists call this reaction spontaneous combustion. Under the right conditions all kinds of material will self-combust. So, can the human body, under the right conditions, catch on fire from within? People who believe that a body can self-generate ignition temperature heat call this phenomenon human spontaneous combustion.

     For decades fire investigators around the world have been baffled by fire death scenes involving a badly burned corpse lying in bed or sitting in a stuffed chair. In these cases the middle section of the body has been almost completely consumed by fire suggesting high, localized temperatures. In the immediate vicinity of the body, and in the room, there is very little burning. This fire pattern seems out of joint with normal fire spreading behavior. To add to this cause of origin mystery, investigators at these sites--encountered mostly in Great Britain--find no traces of fire accelerants such as gasoline. Are these fires accidental, arson/murder or something else altogether?

     In December 2010 fire fighters in Ireland discovered a 76-year-old man dead in his sitting room. It looked as though someone had lit him up, but there seemed to be no source of heat other than the blaze in the fireplace. Except for some charring on the ceiling above his chair, the room did not burn. Although the man's body was almost completely consumed by the fire, investigators found no evidence that an accelerant had been used to jack-up the heat.

      The Irish coroner, having ruled out accident and arson as the manner of death, declared the cause as spontaneous human combustion.

     In the 1980s the American fire scientist, Dr. John de Haan, conducted an experiment in which he set fire to a pig wrapped in cloth. The low-heat, long-burning fire almost completely consumed the hog without creating high ambient temperatures. Dr. de Haan called this the "wick effect." The cloth held the flame like a wick while vapors from the pig's heated fat slowly burned like candle wax.

     As it turns out, most so-called spontaneous human combustion fire scenes have involved people who had been drinking in bed or in their chairs while smoking. They fall asleep and their clothing catches on fire. In the Irish case a spark from the fireplace had probably ignited the man's clothing.

The Baby Rahul Case

     In May 2012, Rajeshawri Kamen, a 23-year-old farm worker, gave birth to a son named Rahul. The mother and her 26-year-old husband Karnan Perumal already had a 2-year-old girl. The couple resided in a village in the Indian state of Tamil Nadu.

     The baby was a month old when his parents rushed him to the hospital. According to their account of what happened they were outside of their hut when they heard Rahul scream. They ran to him and found the baby on fire. They saw flames on his belly and right knee. The father put out the fire with a towel.

     After being treated at the local hospital and released, Baby Rahul, during the next two months, caught on fire at least three more times. The child was badly burned but survived. The couple's neighbors, believing that the baby was haunted by an evil spirit that caused the combustion, and that the fire could spread to their huts, forced Rajeshwari and her husband to move to a nearby village where Rahul caught on fire again.

     Dr. Naarayan Babu, the head of pediatrics at the Kilpaul Medical Hospital in the city of Chennai told a reporter with The New York Times that "We are in a dilemma and haven't come to any conclusion [regarding the cause of the fires]. The parents have said that the child burned instantaneously without any provocation. We are carrying out numerous tests. We are not saying it was spontaneous human combustion until all investigations are complete."

     On August 20, 2013 the Times of India reported that upon completion of the hospital tests doctors found no evidence of spontaneous human combustion in Baby Rahul's case. Dr. Jagan Mohan, head of the burn unit at the Kilpauk Hospital, told reporters that "There is no such thing as spontaneous human combustion. The possibility of child abuse exists and needs to be explored."

     Baby Rahul's parents denied setting fire to their baby. The boy's father, in speaking to a reporter with The New York Times, said, "Some people don't believe us, and I am scared to return to my village and am hoping for some government protection. There is also the fear that our child could burn once again."

     On April 15, 2015, Baby Rahul was discharged from the hospital and sent home to his parents. Police and child welfare authorities were told to monitor the child's health. After that, this mysterious case dropped out of the news.

     Since Baby Rahul was not the victim of spontaneous human combustion, he was either burned accidentally or on purpose. It's hard to image how a baby could be accidentally burned on four or more occasions. Moreover, if there was something in the home that caused the fires why wasn't the baby's sister also burned?

     Notwithstanding forensic evidence to the contrary there are those who believe spontaneous human combustion is real. This is not surprising since strong opinions are not always based on what people know but what they want to believe.

Friday, May 5, 2023

Pedophile Donald James Smith And The Murder Of Cherish Perriwinkle

     On Friday night, June 21, 2013, eight-year-old Cherish Perriwinkle and her mother Rayne were shopping at a Dollar General store in Jacksonville, Florida. At seven that night, 56-year-old Donald James Smith, a registered sex offender with an extensive criminal record, struck up a conversation with Rayne who informed him that she had fallen on hard times. She said she wanted to buy a dress for Charish in anticipation of a visit from the girl's father. Unfortunately, she couldn't afford the purchase. Donald Smith, a total stranger, said he wanted to help. He said he had a Walmart gift card they could use to buy food and clothing.

     Donald Smith, following a conviction in 1993 for attempted kidnapping and selling obscene materials, served five years in prison. The Jacksonville man also became a registered sex offender. In 2009, Smith was charged with felony child abuse after making obscene calls to a 10-year-old girl. In that case he threatened to harm the victim while impersonating a social worker with the Florida Department of Children and Families. Smith eventually pleaded guilty to the felony charge and in return received a light sentence. On May 31, 2013, after serving 438 days behind bars, Smith walked out of the Jackson County Jail a free man.

     From the Dollar General store Mr. Smith drove Cherish and Rayne Perriwinkle to a nearby Walmart. While Rayne looked at dresses, Smith, telling Cherish that he was going to buy her a meal at the in-house McDonalds, snuck off with the girl. Instead of going to McDonalds Donald Smith put Cherish in his white-colored van and drove off.

     At eleven o'clock that night, when Rayne Perriwinkle realized that her daughter had left Walmart with Smith she called 911 and reported her missing. The terrified mother described Donald Smith and his van. At six the next morning, Donald Smith, his vehicle and the missing girl were subjects of an Amber Alert.

     Just before nine that Saturday morning a police officer investigating a traffic accident on I-95 spotted Smith's van as it passed by in the southbound lane. A few minutes later a Jacksonville County Deputy Sheriff pulled Smith over and took him into custody. Cherish Perriwinkle was not in the van and Smith was not talking.

     About an hour after Smith's arrest the police received information regarding a white van that had been parked the previous night in the woods near a church four miles from the Walmart where the victim had been abducted. That tip led to the discovery, in the woods near the church, of the missing girl's corpse.

     On Sunday, June 23, 2013, Donald James Smith pleaded not guilty to charges of kidnapping, sexual battery and first-degree murder. The arraignment magistrate denied the registered sex offender bail.

     In May 2014, Duval County Circuit Judge Mallory Cooper set Smith's trial for October of that year. The prosecutor's office had announced its intention to seek the death penalty in the case. Smith's attorney, public defender Mark Shirk, asserted that his client was not mentally competent to stand trial, particularly in a capital case.

     In September 2014, with the mental competency issue still unresolved, the judge postponed the Smith trial to early 2015.

     Public defender Shirk, in February 2015, asked the court to remove him from the Smith case due to a conflict of interest that pertained to his representation of a man who had knowledge of Donald Smith's involvement in the Perriwinkle murder. The following month, Judge Cooper appointed Julie Schlax as Smith's new attorney. This meant another case postponement.

     In January 2016, the United States Supreme Court ruled that Florida's death-penalty procedure of allowing a judge to decide if a person convicted of capital murder lives or dies violated a defendant's Sixth Amendment right to a jury. A few months after the ruling the governor signed state legislation that required at least 10 of 12 jurors to support an execution over life without parole.

     Defense attorney Schlax, prior to her client's scheduled April 2016 trial, filed a motion for an indefinite delay. Schlax argued that her client could not be legally sentenced to death because Florida's unconstitutional procedure was in effect when he was charged with first-degree murder. Judge Mallory Cooper granted the defense motion. That meant the Donald James Smith murder trial was on hold until a judge resolved this legal issue.

     In November 2017 a judge denied Smith's motion to take the death penalty off the table. The judge set Smith's trial date for February 2018.

     In May 2018, after being found guilty of first-degree murder and rape, Judge Mallory Cooper, with the support of the jury, sentenced Donald J. Smith to death.

Thursday, May 4, 2023

The McStay Family Murder Case

     Joseph McStay, a 40-year-old owner of a company that installed home water fountains, resided with his wife Summer and their two boys in Fallbrook, a suburban community 55 miles north of San Diego, California. On Monday, February 8, 2010, the McStays were reported missing after a security guard in Ysidro, a town across the border from Tijuana, Mexico, discovered the family's locked and apparently abandoned Isuzu Trooper parked in a mini-mall parking lot two blocks from the border.

     A surveillance camera on a neighbor's house in Fallbrook showed the couple and their boys, ages three and four, pulling out of their driveway in their SUV at 7:45 in the morning of February 4, 2010.

     Poor quality surveillance camera footage on the Ysidro/Tijuana border revealed a family resembling the McStays walking into Mexico four days after they were video-recorded leaving their home in Fallbrook.

     On February 14, 2010, police officers entered the McStay's cul-de-sac home in Fallbrook. The house had not been forcibly entered. Moreover, officers found no evidence of a struggle or the theft of household property. Police officers found bowls of popcorn in the living room and eggs on the kitchen counter. The family's two dogs were in the backyard, an indication the McStays hadn't planned for an extended trip.

     Investigators found no recent activity on the McStay's credit cards or bank account. An examination of their home computer revealed an Internet search that read: "What documents do children need for traveling to Mexico." Friends and relatives, however, had no knowledge that the McStays had planned a short trip into Mexico. After leaving Fallbrook that morning, the family simply disappeared.

     At ten in the morning of November 11, 2013, an off-road motorcyclist near a dirt road in the desert outside the San Bernardino County town of Victorville, came across what appeared to be human bones. At that location, 100 miles north of Fallbrook, detectives discovered two shallow graves each containing two sets of skeletal remains. A few of the bones had been scattered by animals. Items of clothing were also recovered from the scene. The remains were not far from Interstate 15 that connects that part of California to Las Vegas.

     Forensic scientists, through dental records, identified Joseph McStay and his 43-year-old wife Summer as being the two adults found in one of the desert graves. The other two sets of skeletons belonged to their children. According to San Bernardino County Sheriff John McMahon, the McStays and their children had been murdered. The Sheriff, at that time, did not reveal how they had been killed. There were no suspects.

     In speaking to reporters, Joseph McStay's father said he did not believe the people in the Ysidro surveillance footage seen walking into Mexico depicted his son and his family. "My son doesn't walk that way," he said. "They didn't walk into Mexico. They would never do that." The father explained that his son and his wife were aware of the Mexican drug gangs and would not have exposed the children to that risk.

     On November 5, 2014, deputies with the San Bernardino Sheriff's Office arrested Charles "Chase" Merritt at his  home in Chatsworth, California for the murder of the McStay family. The 57-year-old and Joseph McStay had been business partners. The authorities did not reveal a motive for the mass murder.

     Investigators believed the victims had been bludgeoned to death in their Fallbrook home. They had not traveled to Mexico after all. Apparently the murder suspect had disposed of their bodies in the desert outside of Victorville. Deputies booked Merritt into the West Valley Detention Center on four counts of murder. The judge denied the suspect bail.

     In the wake of Chase Merritt's arrest, Patrick McStay, Joseph McStay's father, criticized the San Diego County Sheriff's Office. According to the father, the agency that initially took control of the case didn't actively investigate it. Detectives in San Diego were operating on the theory that the family had traveled to Mexico where they were killed.

     "I know they screwed this thing up," Mr. McStay said. "All the rest was just sugar coating to make it look like they really were interested in solving the case, doing something. They did virtually nothing."

     Regarding the quadruple murder suspect, Mr. McShay said, "Chase was always somebody chasing the dollar. I think that's what it was. It was all about the money."

     On January 30, 2015, Chase Merritt told a judge that he wanted to represent himself at his upcoming murder trial. He said he only had six to eight months to live and wanted to move the process along as quickly as he could. In November 2014 he had been diagnosed with congestive heart failure. Merritt's attorney, Robert Ponce, despite his client's health problems and lack of legal background, informed the judge that Merritt had the intellect to adequately defend himself. The judge scheduled a hearing on the issue for February 20, 2015.

     The judge denied Merritt's request to represent himself and scheduled the murder trial for July 2015. In July the judge moved the trial date to September. On September 4, 2015, the same judge postponed the trial to allow Merritt's attorneys to request funds for an expert witness. The Merritt defense hoped to find a forensic scientist to contest the prosecution's key piece of physical evidence: the defendant's DNA inside the victim family's vehicle.

     Finally, after numerous appeals, motions and judicial delays, a San Bernardino County judge set Merritt's murder trial date for November 13, 2017, seven years after the McStay family murders. In California the wheels of justice turned slowly.

     Finally, in June 2019, following a four-month trial, jurors in San Bernardino found Charles "Chase" Merritt guilty of four counts of first-degree murder. The jury recommended the death penalty. The judge set the sentencing hearing for December 13, 2019.

     On November 3, 2019 the judge delayed Merritt's sentence hearing after Merritt's lead attorney claimed that a conflict of interest had come up that prevented him from staying on the case. The judge allowed the attorney to withdraw and set the sentencing for January 2020.
     On January 21, 2020, the judge sentenced the 63-year-old Charles Merritt to death.

Tuesday, May 2, 2023

The Philip Chism Murder Case

     Colleen Ritzer, a 2011 magna cum laude graduate of Assumption College in Worcester, Massachusetts, taught ninth grade math in Danvers, a suburban town of 26,000, 20 miles northeast of Boston. The 24-year-old teacher lived in Andover with her siblings and parents. She was working toward a masters degree in school counseling at Salem State University.

     On Tuesday, October 22, 2013, when a Danvers school ninth-grader named Philip D. Chism missed his four o'clock soccer practice and didn't show up for a junior varsity team dinner, members of the team went looking for him. Philip and his 34-year-old mother Diana had moved to the Boston area from Tennessee at the start of the school year. That evening she reported him missing. Investigators learned that at six-thirty that night Philip Chism was seen leaving the Hollywood Hits movie theater in Danvers.

     That Tuesday night, Colleen Ritzer's parents reported her missing when she didn't return home from school and wasn't answering her cellphone. Danvers police officers, in searching the high school for Ritzer, found splashes of blood in the second-floor student girl's restroom. A short time later, around midnight, officers found Ritzer's body in a patch of woods behind the school's athletic fields. She had been stabbed and slashed to death with a sharp instrument.

     A review of surveillance camera footage showed Philip Chism using what appeared to be a recycling bin--a blue, plastic garbage can on wheels, to move the dead woman into the nearby woods. About the time officers found the body behind the school police officers in the town of Topsfield just north of Danvers spotted Chism walking along Route 1.

     Chism told his interrogators that he was in Colleen Ritzer's algebra class held during the school's final period. Because he had been doodling instead of paying attention that day, she asked him to stay after class. At 3:30 he followed her into the students' restroom. (The faculty bathroom had been occupied. One of the school's 200 surveillance cameras caught Chism, as he followed the teacher into the restroom. He was seen putting on a pair of white gloves.)

     Inside the girl's restroom Chism punched the teacher in the face then slit her throat with a box cutter. After the killing he used the recycling bin to transport the body outside the building into the woods behind the sprawling campus. Police found the garbage can 100 feet from the corpse. It had been pushed over an embankment.

     After murdering Colleen Ritzer, Chism changed his bloody clothes, ate at a Wendy's restaurant, then walked to the movie theater where he watched the Woody Allen film, "Blue Jasmine." He paid for the fast food and the movie with a credit card.
 
     Classmates described the tall, athletic student as quiet and shy. Some of his classmates labeled him antisocial and strange. He was a good student and the leading scorer on the junior varsity soccer team.

     The district attorney of Essex County charged Philip Chism as an adult with assault and murder. At the boy's October 23, 2013 arraignment in a Salem district court the student pleaded not guilty.

     According to court documents in Tennessee, Diana, the boy's mother, married Stacy Chism in September 1998 when she was 19 and he was 23. Philip was born four months later. A year later, Diana gave birth to a girl. She filed for divorce in March 2001, but three months later the couple reconciled. Not long after that they separated again.

      On October 26, 2013, through her attorney, Diana Chism issued a statement expressing sorrow for the Ritzer family.

     Philip Chism, as an inmate awaiting his trial at the Department of Youth Services facility in Dorchester, Massachusetts, had trouble conforming to the institutions rules and regulations. For one thing, he refused to attend classes. As a result he spent his mornings and afternoons sitting at a table in the facility's main room. A staff member posted at a station behind a low wall kept an eye on inmates in the large open room. Behind the observation station an employee-only hallway led to a locker room that featured a bathroom.

     On June 2, 2014, a 29-year-old female corrections officer, a member of the staff who had known Chism for several months, got up from her post and walked down the hallway to the locker room. The 15-year-old rose to his feet, kicked off his sandals and in a crouched position to avoid detection moved  quietly toward the hallway.

     When the staffer came out of the restroom Chism grabbed her by the neck with both hands and started choking her. She managed to remove his right hand which allowed her to scream for help. Before other members of the staff came to her aid Chism punched the woman several times in the face.

     Charged with attempted murder by strangulation, Chism, on July 23, 2014, appeared in a Suffolk County Court for his arraignment. The judge set his bail at $250,000. His attorney had nothing to say to reporters.

     On March 3, 2015, following legal arguments pursuant to an evidentiary hearing in Essex County District Court in anticipation of Philip Chism's murder trial, Judge David Lowy ruled that the defendant's confession at the Danvers police station had been coerced and was therefore inadmissible evidence. The judge did allow into evidence the bloody box cutter and other key pieces of physical evidence. Also allowed into evidence were the items seized from Chism's pockets and backpack. This evidence included the murder victim's identification, credit cards and a pair of her underwear.

     The Coleen Ritzer murder trial, scheduled for October 17, 2015, was delayed after a judge ordered Chism to undergo a mental health evaluation to determine if he was mentally competent to stand trial.

     On November 2, 2015, at the start of his mental competence hearing, Chism refused to enter the courtroom, banged his head against the floor and told a psychologist he heard voices and hoped that someone would shoot him. The next day the judge ruled Chism mentally unfit to stand trial.

     In February 2016, Philip Chism went on trial for the murder, rape and robbery of Coleen Ritzer. After the jury found him guilty as charged, Superior Court Judge David Lowry sentenced him to life in prison with the possibility of parole after 25 years. He was also sentenced to a 40-year prison term for the rape and robbery. Under the terms of these sentences, Chism would remain behind bars for at least 40 years. He would not be free before he reached the age of 54.

     In Massachusetts, a juvenile who commits first-degree murder cannot be sentenced to life without the possibility of parole. The victim's family in the Chism case criticized that law.

Wednesday, April 26, 2023

Math Teacher Joyce Quiller: Hero or Victim?

     In January 2014, students and parents filed complaints against a veteran math teacher at Ribault High School in Jacksonville, Florida. The teacher, 51-year-old Joyce Quiller, taught tenth and eleventh graders enrolled in Bridge to Success, a program created to help students two or more years older than normal for their class levels. In other words, most of Quiller's students were not the best nor the brightest. The 21 year classroom veteran had the difficult and unrewarding job of trying to teach math to mostly unmotivated and undisciplined teenagers.

     In the context of today's lax public school education standards, Joyce Quiller had the reputation of being a strict demanding teacher who didn't dumb-down and didn't suffer fools. She expected her students to show up for class with pen, paper and completed homework assignments. When students didn't live up to her academic expectations they failed the course. She gave 77 percent of her students Fs with all but a few of the rest receiving Ds. It seemed this teacher had imposed a toll on the so-called Bridge to Success, and most of her students didn't want to pay it. It's easy to see why this woman was not a popular teacher among students, their parents, and school administrators.

     The six or so complainants accused Quiller of being foul-mouthed and insulting in the classroom. In speaking to a student who showed up for class without pen or paper, she allegedly said, "What's the point of coming to this motherf--ing class if you don't bring materials?" Moreover, according to her accusers, she told another kid to "shut the f---up."

     Joyce Quller also faced the allegation that she called her students "stupid" and "ignorant," and once used the n-word. (The complainants in this case were black and so was the accused.)

     This was not the first time Joyce Quiller had been called on the carpet for using inappropriate classroom language. In 2001 and again in 2013 the school superintendent reprimanded her for telling a student to "get out of my f--ing class." She also supposedly instructed a kid to pull up his pants. (Wow, the kid must have been devastated.)

     In response to the accusations of unprofessional classroom demeanor, Quiller submitted a written statement that she was "appalled and disturbed" at the allegations against her. She denied using profanity in class and accused the complainants of having a vendetta against her.

     In March 2014, following an internal inquiry and a hearing, the superintendent of the Duval County School District sent Joyce Quiller a letter of termination. She appealed her firing to an administrative law judge.

     Administrative law judge Bruce McKibben, in August 2014, ruled that the school district had violated the terms of Quiller's employment contract by skipping step three of a three-step system of punishment. According to the judge's interpretation of the case, the school superintendent should have suspended Quiller without pay. The judge ordered the school system to reinstate Joyce Quiller.

     In his 21-page decision, Judge McKibben found that a preponderance of the evidence (a standard of proof less demanding than proof beyond a reasonable doubt) supported the claims she used profanity in class. He did note, however, that one of Quiller's B students testified that she had never heard the teacher swear.

      Regarding Quiller's work environment at Ribault High School, Judge McKibben wrote: "Quiller was placed in an almost untenable situation. She did not have all the tools needed to work with students, and her classes were too large. Nevertheless, she was expected to maintain her composure and professionalism."

     The judge, perhaps out of political correctness, did not point out the obvious fact that many of Quiller's students were probably idiots. More school supplies would not have solved that problem.

     On September 8, 2014, after Joyce Quiller answered questions and pleaded her case before the Duval County School Board, board members ignored the administrative judge's reinstatement ruling by voting again to fire the former math teacher.

     Three Florida appellate court judges, in July 2015, ruled that teacher Quiller should have been suspended, not fired, and ordered the school board to rehire her.

Monday, April 24, 2023

The Gary Castonguay Case: Paroling a Cop Killer?

     In 1976, 32-year-old Gary Castonguay was convicted of shooting into the homes of two police officers in Bristol, Connecticut. The attacks took place at night when the officers were home with their families. Castonguay told people that he wanted to kill cops.

     Instead of being locked up in prison for attempted murder, a judge found Castonguay legally insane and sent him to a psychiatric hospital for six months. Once released from the hospital he was free.

     In 1977, caught breaking into a home in Plainville, Connecticut, Castonguay fled from police officer Robert Holcomb. As Holcomb was about to catch and arrest him the burglar turned and shot the 26-year-old officer. Castonguay, with the officer down, was free to escape. But instead of running off, he stood over the fallen officer and shot him three times in the chest, killing him on the spot.

     Following his conviction and life sentence for the cold-blooded killing of a police officer, Castonguay's attorney filed several appeals on his client's behalf. The appellate courts rejected all of the appeals. As a result the conviction and the life sentence remained in effect.

     On January 9, 2015, members of the Connecticut Board of Pardons and Paroles, in a two to one vote, agreed to grant the 70-year-old cop killer a parole. The board members made this atrocious decision after Castonguay's self-serving testimony that he hadn't intended to kill officer Holcomb. In an effort to escape, he panicked, blacked out and had no memory of the shooting.

     These ridiculous arguments hadn't worked at Castonguay's trial and had been rejected by all of the appellate courts. But decades later the cop killer was able to use these absurd justifications to convince two parole board idiots to send him back into society.

     None of officer Holcomb's relatives were notified of the Castonguay parole hearing. When the relatives learned of the granted parole they were understandably shocked and outraged. Also outraged were members of the general public who flooded the parole board with angry emails and letters.

     As a result of the public outcry over the parole board's ruling, the board agreed to hold another hearing to give the slain officer's relatives a chance to express their anger and disbelief that this cold-blooded cop killer had been granted parole.

     At the March 25, 2015 hearing the same board members voted three to zero to rescind the cop killer's parole.

     This case begs the question: where do they find these sob-sister parole board members? If Castonguay had killed a police officer in Texas, Missouri, Florida, Ohio or Oklahoma, he'd be dead by now and the dead officer's relatives would not have to worry about a couple of corrections fools setting him free. 

Saturday, April 22, 2023

The Ethan Estevez Sexuial Abuse/Murder Solicitation Case

     In August 2012, the Harford County Maryland School District hired 29-year-old Ethan Estevez to teach biology in the town of Aberdeen. The resident of Churchville, Maryland would teach alternative education students at the Center for Educational Opportunity. According to the center's website, "Alternative Education provides a continuation of educational services to students who may have experienced crises. This program also exists to meet the individual needs of those students who have dropped out of school or not have been successful in a traditional school environment."
   
      In February 2014, members of the center's teaching staff came to suspect that Estevez was engaged in a sexual relationship with a female student, a relationship that had been going on since September 2012 when the girl was fifteen. The girl told some of her friends and her mother that she and the teacher had been involved romantically. The mother, along with teachers from the school, reported Estevez to the Harford County Sheriff's Office. 
     A few days after filing the criminal complaint against the teacher, the alleged victim's mother, with a detective listening in on the call, phoned Estevez and asked him if her daughter's allegations were true. Estevez explained that he and the girl were in love and planned to get married. (Estevez, however, already had a wife.) The teacher denied that he and the girl had engaged in anything beyond kissing.
    On March 7, 2014, a school administrator placed Estevez on administrative leave. A month after that, detectives searching the girl's iPhone came across a February 2014 text message to one of her friends that revealed a murder-for-hire plot involving Estevez as the mastermind and his wife as the target. The girl had written: "Like it has to look like an accident because of life insurance and stuff." In another text message the girl said she "just needed it to really happen before Sunday." 
     Questioned about the text messages by detectives, the student claimed that the teacher never really intended to have his wife murdered. Yes, they had talked about it but he was just joking around. 
     On June 4, 2014, a Harford County grand jury indicted Ethan Estevez on charges of sexual abuse. On that day the head of the school district fired him. After a few hours in jail Estevez posted his bond and was released to await his trial.
     A month after Estevez's sexual abuse arrest, Harford County detectives questioned a girl who had exchanged text messages with the suspect's alleged student victim. According to the ex-teacher's student/girlfriend, he had initially spoke of making his wife's murder look like a hit-and-run accident. Later he changed the murder plan to have the hit man orchestrate a fake drive-by shooting outside of a restaurant. To make the hit look like a random crime and throw suspicion off himself, Estevez wanted the assassin to shoot him in the arm. (That was stupid because hit men are amateurs who usually don't shoot straight.) This girl also told detectives that her friend said the hit man would kill the teacher's wife for $600. 
     In August 2014, an assistant Harford County state's attorney charged Ethan Estevez with conspiracy to commit first-degree murder. At the defendant's bail hearing the prosecutor argued that the suspect posed a danger to the community and to his wife. District Court Judge David Carey said he could not ignore the seriousness of the charge. He said, however, that Mr. Estevez was entitled to bail which he set at $75,000. The next day the murder-for-hire and sexual abuse suspect posted his bond and walked out of the Harford County Jail.

     In February 2015, the prosecutor in charge of the Estevez case dropped the murder solicitation charge in exchange for the former teacher's guilty plea to a fourth-degree sexual offense related to the student. Hartford County Circuit Judge Stephen Waldron sentenced Estevez to one year in the county jail. Pursuant to this lenient sentence, Estevez was deemed eligible for work release. (He had found a job at an insurance company.) The judge also sentenced Estevez to five years probation.