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The Daryle Edward Jones Case Grows Worse

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Yesterday, I posted about yet another heinous sex crime committed by yet another felon who should have been in prison but was granted leniency and was free on the streets.

The information I had yesterday was limited to what I could find in public incarceration records, but today the Athens (Georgia) newspaper has more details about Jones’ criminal history.

And they are damning, not only because he got out early for a murder he committed in 1994, but even after he got out early and immediately committed another crime, the state essentially passed on an opportunity to put him behind bars for that crime for a substantial period of time.

Here’s the story:

Jones was paroled in 2010 [for the 1994 murder], but he was quickly back in prison.

In August 2011 he was arrested on stalking and terroristic threat charges for having threatened to murder a woman, according to records. The arrest sent him back to prison for a parole violation but he was paroled again in October 2013.

Two months later, on Dec. 23, Jones was convicted for the 2011 stalking and terroristic threats charges and sentenced to 200 days of incarceration with six years of probation. He was given credit for time already served.

Jones has been treated to serial leniency, which is the default choice of our justice system nearly all the time.  In 1994, he was allowed to plead (presumably down from murder) to voluntary manslaughter, which put him back on the streets.  Then he was given a mere 200 days (with credit for time served, no days, actually) for stalking and terroristic threats committed in 2011.

These aren’t “nothing” sentences.  But they do reflect the normalization of reduced sentencing throughout the criminal justice system.  Academicians, the media, and leftists relentlessly accuse our justice system of being too harsh on offenders.  But exactly the opposite its true.  It would not have been too harsh to sentence Jones to life without parole for murder in 1994, but he got 20 years instead, and then he got released four years early, originally serving only 16 years for taking a life.   And while we don’t know all the details of the 2011 case, I doubt it would have been “harsh” at all to sentence him to something more than time served for stalking and threatening to kill a woman.

Serial leniency has now resulted in a 14-year old girl being kidnapped, raped and tortured:

 [L]ast Wednesday, Athens-Clarke County police said that Jones lured a 14-year-old girl into a vehicle then locked the doors so she could not escape.

He allegedly drove the girl to an isolated location where he pulled a gun and sexually assaulted her, police said.

Jones, of Oak Hill Drive, was arrested two days later on charges of rape, kidnapping, aggravated assault, aggravated child molestation and aggravated sodomy.

Chalk up another rape to the anti-incarceration activists who shill the fantasy that our prisons are stuffed with victims of harsh, unjustly long sentencing — “victims” who must be petted, celebrated, sympathized with, released early, and “re-entered” into society on our dime.  That little girl’s horrific ordeal is more blood on your hands.


Case Update: Frederick Lee Gude’s three murders


Recently, William Steele wrote to this blog asking about the latest murder conviction involving Frederick Gude, who killed Mr. Steele’s father in southeast Atlanta (my old neighborhood) in 1969.  Gude received a life sentence for that crime but walked out of prison a mere eight years later — eight years for taking a life.  He was sent up again in 1983, got out again, then killed a second time.  For that “voluntary manslaughter,” Gude was sentenced to five years.  He  walked out of prison for a third time in September 2003, then four months later he stabbed his girlfriend to death with an ice pick.  Along the way, he accumulated the usual, heinous, un-prosecuted and under-prosecuted acts of domestic violence, and other serious crimes.  Earlier this year, AJC reporter Steve Visser interviewed Gude’s adult daughter, a Marine Lieutenant Colonel who said this of her father:

“There are some people who shouldn’t walk amongst us” [she said] … “This is his third killing. This is the third one that we know of” … [S]he knew her father as a child – when he wasn’t in prison – but her mother quickly left him behind after he was released from prison the first time. He used to beat her mother and he stabbed at least one relative. Violence, she said, was her father’s defining characteristic.  “Some people kill in the heat of moment,” the Marine said. “For him, every moment is the heat of the moment, if you say something he doesn’t like.”

Frederick Gude: Three-Time Killer

Run-of-the-mill criminals don’t attract elite legal help, but once you’ve accumulated a body count like Mr. Gude’s, and capital punishment is on the table, the suits show up.  For his latest murder defense, Gude secured Atlanta defense attorney Thomas West (on the taxpayer’s dime, undoubtedly).

Thomas West: Not Atticus Finch

Mr. West is one of those defense attorneys who market themselves as civil rights heroes with the assistance of corrupted civil rights groups like the once-storied Southern Christian Leadership Council(SCLC), which long ago stopped doing anything but stealing their donations, accusing each other of stealing, and giving “Drum Major” awards to defense attorneys like West who specialize in returning brute killers back to the communities they victimized before and will victimize again.

For their part, Mr. West and his defense bar peers may fancy themselves modern-day Atticus Finches, but they sure don’t bill in croker-sacks of turnip greens, as the fictional Finch did while helping poor white and black sharecroppers avoid entailment, malnutrition, and lynching.

Today’s defense attorneys deploy sleazy technicalities to help serial predators escape consequences while bleeding taxpayers dry.  Or, as West puts it on his website:

Again and again, the law firm is complimented for the intense attention it pays to each detail of a client’s case, and its willingness to explore every legal angle in order to come up with the best possible outcome for each client.

In client Gude’s case, Thomas West obstructed justice for nine years, at a cost of many hundreds of thousands of dollars to taxpayers (and into his pocket).  Of course, it takes a village to really obstruct justice, and West had help from many quarters, including Superior Court Judge Thelma Wyatt Cummings Moore, who simply didn’t bother to set a trial date as witnesses died and victims hung in limbo.  See here for my previous post on West’s manipulations of the justice system on behalf of Frederick Gude.  That was nearly five years ago, and the case just resolved in 2013.

By holding the justice system hostage with a blizzard of pretrial motions on behalf of Frederick Gude, Thomas West finally succeeded in getting Fulton County District Attorney Paul Howard to take capital punishment off the table, as Steve Visser reported last February:

District Attorney Paul Howard, who said Gude’s age persuaded him to drop the death penalty request after Gude turned 69 in July, contended that the lengthy wait not only undermined the case, but also cheated the victim’s family and taxpayers. Two key eye witnesses died while awaiting the trial. By the calculation used by the sheriff’s office, housing Gude cost more than a quarter of a million dollars.

“They have a legitimate question to ask Fulton County about why are you taking so long to dispense justice,” Howard said. “This will make the third person he has killed in our county and he is allowed to sit in jail for nine years. It is unconscionable.”

Also unconscionable?  Thomas West’s vicious remarks belittling the victim of Gude’s latest crime.  West urged the court to go easy on his client, explaining that Gude had done nothing “heinous” because he just stabbed a woman to death with an icepick. Gude’s crime wasn’t a hate crime, you see, because he picked a woman to chop away at forty times (and left her 94-year old aunt locked in a bathroom near the body, where the elderly woman nearly froze to death, but hey, who’s counting?).

Here is West’s explanation for not considering icepick murder + attempted murder heinous:

“We contended it was cruel and unusual to seek the death penalty in a case where you are just accused of killing your girlfriend and not something more heinous. … In the past, the district attorney has not sought the death penalty in these circumstances.”

“Just killing your girlfriend.”  “Not something more heinous.”  Some people’s lives are just more valuable than other people’s lives.  A murder with the right mix of victim and offender will bring out the activists and the mayor marching around all puffed up with candles in little paper cups.  But Gude killed politically insignificant humans using non-heinous icepick torture, so, no heartfelt politician parades for his victims.

Yet despite West’s claim that the murder wasn’t heinous, he acknowledged that the crime scene photos of Gude’s last victim presented some “visual issues” that might have convinced even Fulton County jurors to vote for death.

Visual Issues.  Is there any limit to the degradation this man heaps on innocent victims of crime?

Thomas West was enabled in his serial lies about Frederick Gude’s murders by a criminal justice system that has spent sixty years institutionalizing such lies.  Words like heinous and hate have been warped beyond recognition in the criminal courts.  Unlike criminal investigations and trials in other western nations, our courts have become mechanisms for excluding facts, instead of seeking and weighing them.  Criminal justice is treated like a game, instead of the fullest pursuit of truth.  And so people like Frederick Gude and Thomas West game the system over and over again, with nary a peep from the tens of thousands of law professors and judges who are supposed to address such travesties.

When the justice system is in such institutionalized disarray that a murder trial can be delayed for nine years while attorneys file motions quarreling about how many thrusts of the icepick count as heinous, or a child rape trial can be delayed for more than a decade while Bob Barr and his peers argue about whether a professional fantasy role-player’s pretend illnesses can get him cut loose from the ankle-bracelet that is keeping him from raping more little boys, it’s time to start talking about whether the problem is something other than over-incarceration.

The worst part, besides the denial of justice, is that we actually pay these jerks to make such arguments.

Appallingly, Mr. West now uses his defense of Frederick Lee Gude as an advertising tool, featuring Gude’s case prominently on his website.  Gude will probably start appealing to be released early due to his advanced age any day now, which likely means more money in Thomas West’s pockets.  Nice little justice system we’ve got here.
If anyone has information about Frederick Gude’s trial or his other crimes, please contact this blog.  Identities must be confirmed but will be kept anonymous.

Loren Herzog and Wesley Shermantine Tortured and Killed People: Thank God They’re Not Hate Criminals

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Which in the eyes of our law makes their crimes less horrible, even if you kill dozens of people, piling up so many bodies you have to map out dump sites.

But, it was just women.  And a few little girls and babies.  And some men.  So you won’t hear Eric Holder fulminating about how important it is that we have Removed These Hate Criminals From Society.

Wesley Shermantine

Loren Herzog: Not a Killer Killer, Just a Manslaughterer

Oops, silly me.  We actually let Herzog go free.

Loren Herzog was released after anti-incarceration activists in California got his multiple murder sentence reduced to manslaughter with help from the California Appeals Court.  Score another point for our out-of-control rules of evidence.  Herzog confessed repeatedly and was read his rights repeatedly, but some lawyer colluding with a bunch of self-important judges decided that they would strike a blow for postmodern adjudication and overturned his murder convictions, giving him manslaughter instead.  Herzog then got time off for “good behavior” and walked out of prison in 2010.  The prosecutors had decided to bargain with him, rather than trust a jury to convict him again.  Why?  Probably because it’s California.

No word on why they didn’t even try to pop him for three strikes.  But three-strikes is unfair and has been overturned by the public.  In California.

Pretty sexist term, manslaughter.  Somebody should make a federal case about that.

Maybe then Eric Holder would be interested.

The Sixth Appellate District in California declared that their decision to throw out the multiple confessions in Herzog’s case should not be used to decide other cases.  In other words, they knew they were being grotesquely political in their actions but cut him loose anyway to make themselves feel above politics.  Judges’ self-esteem matters more than justice.

The San Joaquim Record weighed in with a ludicrous editorial about Herzog’s imagined “rehabilitation.”  Journalists like to see themselves as little balloons of righteous sensibility floating above the angry rabble:

[S]ince he could eventually be among us, we hope he succeeds.  We hope he becomes the productive member of society he so utterly failed to become before.

Aww, how touching.  How . . . rational.  But maybe it’s not the smartest Hallmark moment to hope for a serial killer to “succeed.”  That’s about as digestible as the court hemming and hawing about whether they should require Herzog to hold a job.  This is how the black robes spend your money, while money couldn’t be found to dig up and identify all the bodies.  Nobody was ashamed enough to tamp down the parroting rituals of the sacrament of rehabilitation, not even in this case.

The new normal in criminal justice is psychotic.  California is now well into demonstrating the logical endgame of the “root causes” theory of crime, which blames an unfair society, not criminals themselves, for the crimes they commit.  Root causes theory is the prerequisite for dehumanizing victims to the point that their offenders assume their place in the pantheon of sympathy emanating from courtrooms and newsrooms.  A mother can wait decades to get her daughter’s tooth or a bone fragment to bury, but there is a system in place to counsel serial killers on their job prospects when the state cuts them loose.

Michaela Garecht

Cyndi Vanderheiden

Kimberly Billy

Chevelle Wheeler

JoAnn Hobson

Now, if these murders were viewed as hate crimes, federal money would be raining down, and Herzog would have never, ever walked free . . . see how the game works?

Californians just voted to speed-dial their crime sentencing back to the Seventies.  A $2.4 million dollar donation from George Soros, and another cool million from Stanford Professor of Dismissing Murder David Mills greased the skids.  Expect more horrific injustices to pile up, like Herzog and Shermantine’s forgotten victims.

As ordinary criminal law gets gutted financially and ethically, the sanctimonious and prejudiced Hate Crimes enforcers scour the nation to make examples of people who use homophobic slurs while robbing people, or who spray paint ugly words on innocent sidewalks.  This is how we make some people less human than others.  Ironically, George Soros funds the hate crimes movement at the same time he funds movements to excuse other murderers.

The mere existence of hate crime laws makes the justice system deeply . . . unserious.  Maybe we should expect unserious outcomes.  When someone can admit killing a dozen people, and it doesn’t create outrage when he is released from prison, and the courts decide just to not try him for most of his crimes, while at the same time a faked racial slur sparks mass federal investigations and months of headlines, can anyone call that serious?

It’s not justice anymore: it’s a clown show.  Prostitution, not adjudication.  Holder and his peers have sold off pieces of our law enforcement system to the racial, ethnic and gay activists who scream the loudest, while bending over backward to “re-enter” ordinary murderers and rapists back into society.

As Judge Dredd says, there’s no justice, there’s just us.

This is Loren Herzog’s attorney Peter Fox, who crudely suggested that his victims get over their anger at Herzog.  “It’s not fair to call him a killer.  He is just guilty of having the world’s worst friend,” is how Fox characterized Herzog, who regaled investigators with details of multiple, vicious killings committed with his friend Wesley Shermantine back when they were caught in 1999.  Here is one recent development:

A bag of remains returned by sheriff’s deputies to the mother of one victim was later determined by a forensic anthropologist to contain commingled fragments of at least two other people, one believed to be a long-missing child.

The only tiny silver lining on this fat cloud of horror?  Herzog killed himself last year when Shermantine, who is still on California’s death row, started telling police where to find more of the bodies.  Of course, until Herzog’s death he was using our tax dollars to litigate for himself, the type of litigation that we are required to pay for.  Meanwhile, investigating his murders is something the prosecutor’s office has to hold a bake sale to underwrite.

Prioritizing expenses is the least noticed part of the criminal justice system.  Vicious killers can wake up in the morning and demand a hearing on any frivolous thing, and they are provided with attorneys and court dates and endless bites at the apple to challenge the most absurd non-issues relating to their cases.  This is the world defense attorneys and the ACLU have built.  Meanwhile, their victims have to lobby to have the murder sites excavated so they can have something to bury — a bone or a tooth.

David Mills, “advocate for social justice”

Thanks, George Soros.  Thanks, Eric Holder.  Thanks, David Mills and the rest of the warped Law Professoriate, who can detect teardrops sparkling in the eyes of serial killers while mocking the mothers of murdered girls.  Thanks, especially, ACLU.  And thanks, voters of California.

The horror show you make is the horror show you now have to live with.


Welcome to the Dystopia Liberalism Created

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Is it time to have the conversation yet?  The one where everyone acknowledges that crime is the number one toxin weakening economies, creating unemployment, raising the price of living and taxes, blighting education (charter or no charter school movement; Race to the Top/No Child Left Behind, neither, or both), denying property rights, and shearing the vector of life for tens of millions of Americans?

Crime wounds the educated and socially mobile, but it defines life for the lower classes.  It creates winning and losing zip codes, feeds resentment, and forces working people to strain their budgets in a dozen different ways.  It warps childhoods and corrodes old age.  It destroys the value and even the point of owning private property.  It forces us to constrain our lives — especially, women must do this.  It creates and displaces populations — forget “white flight” — it never was just white, but now more than ever it’s about just getting out if you can.  I recently talked to a young Puerto Rican woman who got out of St. Petersburg, Florida because of the violence (after getting out of Puerto Rico for the same reason) and is now terrified of gang violence in her new, previous rural, inland town, where a multiple shooting left two dead and 22 wounded last year.

Yet we don’t talk about these things because such conversations have been deemed taboo by the elite.

For fifty years now, with few and apparently transient exceptions, a small group of legal activists and opinion-makers have managed to cripple our nation’s ability to control crime.  They do this by preventing the incarceration of criminals.  Then they tell us they’re right because all the people in prison were just caught smoking pot.  How long are we going to put up with this fantasy?  Apparently until the last moving van clears the curb to nowhere.

Here is the everyday dystopia these people have created, in two impressive articles in the Detroit News.  This one, by Christine Macdonald, is especially depressing:

October 9, 2012 at 7:07 am

Poll: Crime drives Detroiters out; 40% expect to leave within 5 years

Detroit — Detroit’s crime crisis is prompting such pessimism that 40 percent of residents plan to move within five years, according to a comprehensive poll of Detroiters’ attitudes about their city and leadership.

Residents overwhelmingly believe the city is on the wrong track and have no faith that city leaders have a plan to turn it around. Crime is by far their biggest worry — even higher than finding a job in a city where some put the true unemployment rate as high as 50 percent.

The survey suggests that, unless city officials can combat violence, efforts to halt decades of decline will fail. The city’s population already has fallen by 1 million over the past 50 years, and residents including Michael LaBlanc said they are ready to leave.

“There’s an aura of fear that just pervades the whole neighborhood,” said LaBlanc, 63, who installed a security system at his northeast side home last week because he’s weary of car thieves and gunfire.

“It’s almost like being in prison. We always like to have at least one person home for security sake.”

The survey is believed to be the most authoritative of its kind in years. Commissioned by The Detroit News and funded by the Thompson Foundation, the survey provided a rare, statistically sound measure of public opinion. Detroiters have been traditionally difficult to accurately poll.

Eight hundred residents were surveyed by land and cellular phone Sept. 22-25 by the Chicago-based Glengariff Group Inc. The survey — which has a margin of error of plus or minus 3.5 percentage points — asked residents’ feelings about city leadership, schools, transportation, quality of life and overall optimism.

The results were stark — and despairing.

Nearly two-thirds, 66 percent, say the city is on the wrong track. The poll found low support for all city officials except Police Chief Ralph Godbee, who retired Monday amid a sex scandal that emerged after the survey was conducted.

The survey’s author said crime is the biggest obstacle to stemming an exodus that has seen Detroit’s population drop to about 700,000. The city lost a quarter of its residents from 2000 to 2010, an average of one every 22 minutes.

“Crime is the pre-eminent challenge facing the residents of Detroit,” said pollster Richard Czuba, Glengariff’s president. “That was a defining element of the survey. It’s absolutely the driving factor.

“It shows a tremendous mindset of exodus. If you want people to stay, you have to deal with crime first. That’s devastating for the future of the city and it needs to be dealt with.”

Nearly 58 percent of respondents said crime is their “biggest daily challenge.” That far surpassed unemployment and the economy at 12.8 percent.

The survey suggests that many residents who remain would like to leave but are stuck: More than half, 50.9 percent, say they would live in another city if they could, while 39.9 percent plan to move in the next five years.

LaBlanc has little confidence things will improve.

About a month ago, thieves stole his mother-in-law’s 2004 Chrysler Sebring from their driveway. The thieves tried to get his 2003 Neon but failed, although they destroyed the steering column and transmission. Last week a stolen SUV showed up on blocks at the burned out house across the street.

“At night you can sit here and listen to the gunfire,” said LaBlanc.

Police officials said the media make perception worse than reality. Violent crime is down 12 percent from 2010 to 2012 and police patrols have increased, said Deputy Chief Benjamin Lee.

He pointed to policies that put more officers on street patrols. Police no longer respond to burglar alarms unless security companies verify the need for officers. “Virtual precincts” close some precincts at night, freeing officers from desk jobs. And the department is partnering with the state Department of Corrections to better track recently released prisoners.

“The perception is there is lawlessness and that ordinary citizens aren’t safe,” Lee said. “The reality is … that violent crime is down.”

This man is lying.  It is his job to lie about this.

Police Dept. faces challenges

The bleak attitude of residents comes amid an extraordinarily bad year for the Detroit Police Department.

Police union members, upset over 10 percent pay cuts in a city the FBI deems the second-most violent in the nation, handed out fliers Sunday to baseball fans near Comerica Park. They warned: “Enter Detroit at your own risk.”

Homicides are up 10 percent this year to 298, and the city has endured a string of high-profile, brazen crimes that made international headlines, including the carjackings of gospel music star Marvin Winans and state Rep. Jimmy Womack.

Residents don’t believe city leaders can change things.

Nearly two-thirds of residents, 63 percent, say city leaders have no plans for a turnaround. The poll found an “extraordinary lack of support” for elected officials including Mayor Dave Bing and the City Council, Czuba said.

“I don’t see any forward movement,” said Charles Wilson, a 62-year-old retiree, who added that high crime prompted him to get a concealed weapon permit and plan for an out-of-state move.

“I don’t see the administration doing anything about it. I think they are asleep at the wheel,” he said. “Where does this stop? Show me some milestones, give me some objectives. I don’t see a strategy.”

The downtown resident said he’d like to buy a new Corvette but doesn’t want to make himself a target.

“It’s difficult at best going out,” said Wilson, who is concerned about recent violence including the August shooting at the Detroit Princess riverboat cruise. “You want to be able to dress the way you want to dress. You want to be able to go where you want to go. You don’t want to be looking over your shoulder walking down the street. You just want to be at ease.”

Income, safety divide

Perhaps more worrisome to city officials: 57 percent of those who plan to leave are families with children.

Safety fears are widespread, but greater among women and those making less money: 53 percent of women feel unsafe, compared to 43 percent of men. Fifty percent or more feel unsafe in households with incomes at $50,000 or below, compared to about one-third of those making $75,000 or more.

Demographer Kurt Metzger said the city is becoming a tale of “the best of times and worst of times.” The media have focused on pockets of revival led by prosperous young people moving to Detroit, but many more thousands of residents lack the means to leave, Metzger said.

“It is glum,” Metzger said. “The population of kids in Detroit is going down faster than the overall population. If you can provide a feeling of safety, it would go such a long way.”

The Rev. Jerome Warfield, chairman of the Detroit Police Commission, said he hears “emotional appeals at almost every board meeting from citizens who are fed up with crime.”

“People want a change,” he said.

Wayne State University officials wanted change four years ago — and got it through a unique program that pools resources of nearby police agencies, analyzes real-time crime data and has helped make Midtown one of the city’s most thriving neighborhoods.

The CompStat program, modeled after efforts in New York and Baltimore, attacks emerging crime trends, targets repeat offenders and has cut crime in the neighborhood by 38 percent, said Lyke Thompson, director of the university’s Center for Urban Studies.

Since the program started, rents have soared, vacancies have dwindled and investments have skyrocketed.

“There’s no question in my mind that the improvements in Midtown are because of the creation of a greater sense of security,” said Thompson, who helps lead the effort.

“We can do this citywide if we get the right people in the room — and it’s important because personal safety is the first priority.”

Sadly, this isn’t true, either.  CompStat works well when there is a highly motivated population seeking to improve a neighborhood or borough.  But if the courts remain offender-centric, the gains on the policing end are transient.  If the residents are mired in dysfunction, CompStat doesn’t perform as well as it does in places where citizens augment police efforts with substantial resources of their own, from monitoring devices, to private patrols, to court-watching and lobbying for real sentencing.  Sometimes, according to Second City Cop in Chicago, for example, CompStat just impels criminals to seek less challenging terrain or encourages the downgrading of crime reports (see here too).

Austin Black II, a Detroit real estate agent, said city leaders need to try to replicate Midtown’s crime prevention successes.

“Detroit has a lot to offer people, but crime is a huge issue,” Black said. “Something needs to be done and done fast.

“Whoever wins the election for mayor next year will be the person who best connects with the neighborhoods and offers a real solution to crime.”

Gary Brown, the City Council president pro-tem, said the department has enough resources and should primarily focus on getting more patrol cars in neighborhoods.

“We have to start taking responsibility for our police department taking a stronger role in preventing crime,” said Brown, a former deputy police chief. “If (residents) see a proactive approach, there wouldn’t be this feeling of hopelessness.”

Residents look past borders

In the meantime, residents like Denai Croff are making plans to leave.

The 44-year-old single mother of two is socking away $200 a month from her job at Gethsemane Cemetery to move to North Carolina.

She recently witnessed a carjacking near her duplex at Kelly and Morang and imposes a 9 p.m. curfew for her family most days. The windows have bars and she had her landlord install flood lights.

She lives next door to a memorial to a neighbor who was shot and killed last year, several months before Croff moved to the neighborhood.

“I just think Detroit is not happening right now,” Croff said. “It’s hard to come outside and even feel comfortable.”

“The economy is bad everywhere, but the crime here has really gotten out of hand.”

Who to thank for all this hopelessness?  Obama is a very good choice, since every social movement and activist group he has aligned himself with throughout his life stands against law enforcement and in support of criminals and lawlessness.  Blame the criminals’ lobby running our law schools, Justice Department, and much of the criminal courts.  Blame the ACLU the most: with Eric Holder’s help, they are using creeping federalism to cripple what’s left of law enforcement — see, for example, their handiwork in Puerto Rico, and you will understand why people are fleeing that island, fleeing Detroit, fleeing Chicago, fleeing California . . . and ending up with fewer and fewer affordable places to run to, then flee from.

Holder, Obama, ACLU Director Anthony Romero, Al Sharpton, Jessie Jackson — along with under-incarcerated anti-incarceration criminals like Angela Davis, Bernadine Dohrn, and Bill Ayers — and for that matter, some conservatives exploiting the issue in the name of cost savings — have no business telling the rest of us how we should feel about the criminals who affect us, not them.

People who can afford to live anywhere don’t choose places where real crime affects real people.  So when they tell us we need to empty the prisons, you really have to wonder at their audacity.

Todd Akin, Erika Christakis, and the Politics of Rape

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Todd Akin?  Unforgivable.

Republicans being primarily responsible for stupid things said and vicious things done about rape?

Utter bull.

There is one party that has worked to keep violent offenders behind bars and one party that kneels in obedience to defense attorneys who would throw any rape victim under the bus in their eagerness to get every sex offender released early.

The Republicans usually side with the prosecution; The Democrats always side with the defense bar.

So at the end of the day, I’m more disgusted by this Time essay by Erika Christakis exploiting rape victims on behalf the party of unapologetic rapist-defenders than I am by a stupid thing said by one unapologetic Republican hack . . . and immediately denounced by the vast sane majority of the Republican Party.

Dumb conspiracy theories about reproduction and rape don’t kill people.  Political ideology that enforces extremist anti-incarceration policies kills people.

And gets them raped.

I’ve worked to keep rapists behind bars for 25 years.  I can tell you who supports the laws that do that and who opposes those laws.

And that’s why I’m a Republican now.

Ms. Christakis, let me give you a piece of political advice: don’t exploit crime victims in the interest of politics.  It’s unforgivable.


Matthew Vadum has a very good article on Akin at Frontpage magazine.

Why No Action in the Murder of Bria Metz? Or, How to Derail Justice by Driving Up Costs

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I heard from the father of Bria Metz yesterday: he said it’s been two years since Bria’s murderer, Aurelio Martinez, confessed to the crime.  Yet Martinez still hasn’t been to trial or been sentenced.

Bria Metz, murdered at 17, her body was abandoned by the side of a highway

Aurelio Martinez, sex offender and child abuser, confessed to killing Bria

The state of Florida also hasn’t gotten around to resolving Martinez’ 2003 felony child abuse and aggravated assault with a deadly weapon charges.  Apparently, the authorities are too busy doing other things.

Here is my previous post on the disgraceful record of Florida’s serial failure to keep the public safe from Aurelio Martinez.

So why does it take years to try a case in which the murderer confessed?  The answer lies in the machinations of the defense bar, and the perverse, outsized power they wield over criminal procedure and admission of evidence in our courts.  I don’t use the term perverse lightly — while the Florida Bar grandstands around the state pretending to examine problems of evidence that are either exceedingly isolated incidents or trumped-up claims by professional activists using fake statistics and faked “studies,” real problems that result in real denials of justice fester, unresolved — for many thousands of victims who will never receive justice as a result.

It would be nice if the Bar cared about that.  They don’t.

Here is a record of the docket entries in one of Martinez’ current charges.  Some entries are routine paperwork.  Others represent the types of manipulation that defund the courts.  Remember that most docket entries equal your money being spent in some way, large or small — and 155 docket entries into this murder case, there still hasn’t been a trial, just machinations and delays.

Martinez is also churning attorneys — another behavior designed to postpone trial, and a strategy frequently abetted by the defense attorneys themselves.  Must be nice to have that sort of power over other people’s money — and the administration of justice.

Imagine that you are the parent of a murdered child, forced to witness this drawn-out manipulation of procedural rules.  Bria’s family will likely be enduring this sickening game for the rest of their lives.  In the eyes of our legal system, Aurelio Martinez is the victim now:

Pinellas Case Uniform Case Entitlement Date Filed
CRC0912955CFANO 522009CF012955XXXXNO STATE VS MARTINEZ, 06/23/2009
Type Apr Cal Final Disposition Comp Division
01/30/2012 TRL M
Reset Original Sort Docket Date Docket Entry Defendant
1 11/01/2011 REMOVE FROM: MTN/HRG) A
2 11/01/2011 REMOVE FROM: MTN 110311/0830 AM -M-(REMOVE FROM A
4 10/12/2011 NOTICE OF TRIAL – 013012 COURTROOM: M AT 08:30 A
5 10/11/2011 REMOVE FROM: TRL 110711/0830 AM -M- A
6 10/11/2011 TRIAL SET: 013012/0830 AM -M- BRING A
10 10/04/2011 NOTICE OF HEARING – 110311 COURTROOM: M AT 08:30 A
12 10/03/2011 NOTICE OF HEARING: 101111/0830 AM – MTN TO CONTINUE A
17 09/27/2011 SUBPOENA (028) STATE A
27 06/20/2011 NOTICE OF TRIAL – 110711 COURTROOM: M AT 08:30 A
28 06/17/2011 REMOVE FROM: TRL 082911/0830 AM -M- A
29 06/17/2011 TRIAL SET: 110711/0830 AM -M- A
33 06/09/2011 NOTICE OF HEARING: 061711/0830 AM – MTN/CONTINUE TRIAL & A
40 04/13/2011 NOTICE OF TRIAL – 082911 COURTROOM: M AT 08:30 A
41 04/12/2011 TRIAL SET: 082911/0830 AM -M- A
46 02/23/2011 NOTICE OF PRE-TRIAL – 041211 COURTROOM: M AT 08:30 A
47 02/22/2011 PRE-TRIAL HRG SET: 041211/0830 AM -M- A
52 02/07/2011 NOTICE OF PRE-TRIAL – 022211 COURTROOM: M AT 08:30 A
53 02/04/2011 REMOVE FROM: TRL 022211/0830 AM -M- A
54 02/04/2011 PRE-TRIAL HRG SET: 022211/0830 AM -M- A
55 02/04/2011 COUNSEL A
56 02/04/2011 HEARING SET: 022211/0830 AM -M- MTN TO DISMISS A
57 02/04/2011 AT 8:30 A
58 02/04/2011 REMOVE FROM MOTION CALENDAR 2/17/11 A
61 02/01/2011 HEARING SET: 020411/0830 AM -M- MTN TO CONTINUE A
63 01/25/2011 NOTICE OF HEARING – 021711 COURTROOM: M AT 08:30 A
66 01/13/2011 SUBPOENA (028) STATE A
78 10/04/2010 NOTICE OF TRIAL – 022211 COURTROOM: M AT 08:30 A
79 10/01/2010 TRIAL SET: 022211/0830 AM -M- A
83 08/30/2010 NOTICE OF PRE-TRIAL – 100110 COURTROOM: M AT 08:30 A
84 08/27/2010 PRE-TRIAL HRG SET: 100110/0830 AM -M- A
88 06/21/2010 NOTICE OF PRE-TRIAL – 082710 COURTROOM: M AT 08:30 A
89 06/18/2010 PRE-TRIAL HRG SET: 082710/0830 AM -M- A
93 04/30/2010 NOTICE OF PRE-TRIAL – 061810 COURTROOM: M AT 08:30 A
94 04/29/2010 PRE-TRIAL HRG SET: 061810/0830 AM -M- A
98 02/19/2010 NOTICE OF PRE-TRIAL – 042910 COURTROOM: M AT 08:30 A
99 02/18/2010 PRE-TRIAL HRG SET: 042910/0830 AM -M- BRING A
Reset Original Sort Docket Date Docket Entry Defendant
4 02/03/2010 NOTICE OF HEARING: 021110/0830 AM A
8 01/15/2010 NOTICE OF PRE-TRIAL – 021810 COURTROOM: M AT 08:30 A
9 01/14/2010 PRE-TRIAL HRG SET: 021810/0830 AM -M- BRING A
11 11/20/2009 NOTICE OF PRE-TRIAL – 011410 COURTROOM: M AT 08:30 A
12 11/19/2009 PRE-TRIAL HRG SET: 011410/0830 AM -M- BRING A
16 10/09/2009 NOTICE OF PRE-TRIAL – 111909 COURTROOM: M AT 08:30 A
17 10/08/2009 PRE-TRIAL HRG SET: 111909/0830 AM -M- BRING A
21 08/10/2009 NOTICE OF PRE-TRIAL – 100809 COURTROOM: M AT 08:30 A
22 08/07/2009 PRE-TRIAL HRG SET: 100809/0830 AM -M- A
28 07/20/2009 NOTICE OF PRE-TRIAL – 080709 COURTROOM: M AT 08:30 A
29 07/17/2009 PRE-TRIAL HRG SET: 080709/0830 AM -M- A
37 06/29/2009 NOTICE OF ARRAIGNMENT – 071709 COURTROOM: M AT 09:00 A

Lavelle McNutt Sentenced To Life. Finally. After Only 35 Years of Getting Cut Loose for Rape After Rape.


Atlanta serial rapist Lavelle (Lavel, Lavell) McNutt was sentenced to life this week for two rapes and two other assaults that occurred while the convicted sex offender was working in Atlanta’s Fox Sports Grill restaurant.  When you look at McNutt’s prior record of sexual assaults and other crimes, you really have to wonder what inspired the owners of Fox Grill to endanger female employees and customers by choosing to employ him.

Particularly with McNutt’s history of stalking women.  Particularly with the length of his record, and the density of his recidivism.  Was some manager actually sympathetic to McNutt’s hard-luck story?  This is no record to overlook.  Below is my partial round-up of the crimes I could find on-line.  I’m sure there’s more in arrest reports.  This guy is the classic compulsive* offender.

[*Of course, in using words like “compulsive,” I speak strictly as an amateur. Northeastern University Criminologist James Alan Fox has handed down an edict informing all non-criminologists that they are not to use fancy criminologist lingo when talking about crime.  Crime victims, especially, are not supposed to use big words or act like they know stuff.  Furthermore, they’re not supposed to become journalists, because they’re, like, totally damaged.]

James Alan Fox, Professional

We’ll return to Dr. Fox soon.  Very soon.  Back to McNutt:

McNutt’s first adult rape conviction, for two separate rapes in New York State, occurred in 1976, just after he turned 18. When you see an 18-year old convicted of a serious offense, you have to wonder about the contents of his sealed juvenile record: 18-year olds don’t wake up one day, break into the first house they see, and rape the occupant. They usually start experimenting with sexual abuse early in adolescence, victimizing their siblings, peers, and other easy targets. How many children and young women had already been sexually assaulted by McNutt by the time he aged out of the juvenile system?

I believe those victims exist, and that unlike Lavelle McNutt, they were abandoned by society. There’s no way to sugarcoat it: the football coaches and college presidents who treated McNutt like a victim because he was a rapist abetted him in his crimes, thus sentencing his victims to a lifetime without justice.

The two rape victims in the New York State cases were also denied justice, only in a different way. McNutt was sentenced to a preposterously light term of five years for the two rapes. He served less than three years of that, and by 1979 he was a college student at Atlanta’s Morehouse University. Almost immediately, he was charged in another sexual assault, this time for aggravated sodomy. In May, 1979, he began serving a seven-year sentence for that crime. He got out in three years.

In 1982, Lavelle McNutt was 24 years old and already had three adult sexual assault convictions on his record. Two years later, he was convicted of aggravated assault in Clayton County. Was that a rape case, pled down to a non-sexual charge? He also had a burglary conviction in Fulton County, date unknown. Burglary and aggravated assault charges from the early 1980’s might very well have been rapes, or attempted rapes. Atlanta was notorious at that time for going easy on sex offenders — thanks largely to irresponsible jurors who rendered sex crime prosecutions almost impossible to win, regardless of the circumstances. An ugly contempt for victims of rape was the status quo in the courts. The malaise incited by public prejudices towards victims crashed the entire system, and Atlanta was a rapist’s paradise. And a victim’s nightmare. It would be very interesting to know more about those crimes.

In 1984, McNutt was sentenced to five years for the aggravated assault. Oddly, he did serve nearly all of that sentence, receiving only a few months off, probably for the time he was behind bars awaiting sentencing. This is another reason I suspect that the underlying crime was something more serious than aggravated assault. In any case, for five years the public was protected from him. Pre-sentencing reform, this was the best a prosecutor could do. In August, 1989, he was free again.

In 1992, McNutt was charged in Fulton County with the offense called “Peeping Tom.” Funny as that sounds, he was probably casing out a victim to rape or amusing himself between more serious attacks. He received three years for the Fulton crime and 12 months for a crime labeled “other misdemeanor” in Gwinnett County. He was out again two years later, in 1994.

And then the crimes started again. Disturbingly, there are parole officials and possibly prosecutors and judges in Metro Atlanta who then ignored Georgia’s new sentencing laws and continued to illegally grant McNutt leniency, enabling him to rape even more women.  Why is nobody in the Atlanta media looking up these cases and asking the corrections department, to explain their actions?  If I was one of McNutt’s later victims, I’d sue everybody involved in cutting him loose.

Georgia’s sentencing reform law was passed in 1994. It was supposed to enhance sentencing for repeat offenders and extend sentences significantly for so-called “serious violent offenders.” But the law was passed with several default mechanisms that enabled judges to keep releasing repeat offenders onto the streets. Consider this language:

Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense [italics inserted]. (O.C.G.A. 17-10-7)

In other words, a criminal must be sentenced to the maximum penalty the second time he is convicted of a felony unless the judge decides to sentence him to something other than the maximum penalty, such as no time at all, as in the case of six-time home burglar Johnny Dennard. What is the point of a law like this? The point is that the criminal defense bar still controlled the Georgia Legislature in 1994, and other elected officials lacked the courage to stand up to them. The rest of the story is that too many judges betray disturbing pro-defendant biases, even when it comes to violent predators like Lavelle McNutt.

Nevertheless, other portions of the 1994 sentencing reform law did strengthen sentences for repeat offenders. In 1996, McNutt was charged with aggravated assault and stalking in Fulton County. Aggravated assault is not one of the “seven deadly sins” that trigger sentencing as a “serious violent felon” under the 1994 act: if it were, he would have been sentenced to life without parole due to his prior rape convictions.

Yet even as a “non-serious violent felon” repeat offender, McNutt was still required under the 1994 sentencing reform act to serve the entire sentence for his crimes. But he didn’t. He was sentenced to six years and served less than four. He walked into prison in January, 1997 and walked out again three and a half years later, in July of 2000. Even counting the time he may have spent cooling his heels in the Fulton County jail before being transferred to the state prison (or maybe not), he was out of prison four years and two months after the date of the crime for which he was sentenced to no less than six years behind bars, with no parole.

Here is the code section that restricts parole for four-time felons:

[A]ny person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. (from O.C.G.A. 17 -10-7)

Can anybody explain the fact that McNutt was granted parole? Who let him go early, apparently in direct violation of Georgia’s reformed sentencing law? Did the prosecutors fail to record his three prior felony convictions dating back to 1976 — two rapes (counted as one, unfortunately), aggravated sodomy, and the 1984 aggravated assault? Did the judge ignore the law of Georgia in sentencing McNutt? Did the Department of Corrections ignore the no-parole rule? Who is responsible?

These questions remain unanswered since 2009. Heck, they remain unasked, in the Atlanta media market.  More questions:

  • Why didn’t the judge give McNutt a longer sentence in the first place? How could any judge look at the accumulated evidence of violently predatory sexual behavior, of repeat offenses rolling in after each brief incarceration, and not decide that it was his or her duty to protect the public for longer than six years? Does anybody on the criminal justice bench in Atlanta even contemplate public safety in sentencing?
  • Why was McNutt charged with stalking and aggravated assault for the same incident? Was he actually attempting to commit a sexual assault? Could he have been charged with attempted sexual assault instead, a charge that would have triggered the life sentence (read: 14 years) as a serious violent felon and repeat offender? Was he permitted to plead to a charge that didn’t carry life imprisonment? Did the Fulton prosecutor’s office do everything it could do to keep McNutt off the streets, given his disturbing prior history and relentless sequence of serious crimes?
  • Was McNutt’s DNA checked before he was released from prison in 2000? Could other rapes have been solved, and charged, before he walked out of prison again? How many rapes could have been prevented, including the four recent Buckhead-area sex crimes, if this had been done? His first adult rape conviction occurred in 1976 — his latest rape charges occurred quite recently. Does anybody believe he took a twenty-year hiatus from hunting and torturing women?

I have said before that if McNutt had been labelled a hate criminal, someone in the media, or the legal world, or the activist circuit, would have cared.  Serial rapists are hate criminals, at least by the definition created by the activists, no matter how much these same activists try to keep rapes of women out of the discussion.

For, serial rapists choose one random victim after another to target; they attack the things that make their victims women (their sexual organs, and the same goes for serial rapists who target men); they use sexual slurs while violating their bodies; they attempt to degrade them; they spread fear among other women.  So why didn’t the hate crime activists utter a peep over McNutt’s crimes, or the crimes of any of the other serial rapists blighting women’s lives in Atlanta over the years? Why does the media give hate crime activists a pass — the gay groups, the Anti-Defamation League, the NAACP, CAIR, and Justice Department officials, especially Eric Holder –as they labor hard behind the scenes to keep serial rapes from being counted as hate crimes?

At the very time hate crime activists in Atlanta were busy trying to find the first case that would showcase their new law in the way they wished (the Georgia law is since overturned), Lavelle McNutt slipped out of prison, unnoticed.

Lavelle McNutt had been a free man since July, 2000, working in Atlanta-area restaurants, even managing them. He wasn’t hiding. As if his prior record isn’t bad enough, the current allegations about him are sickening: an informant reported that he carried “duct tape, wigs, lubricant and sex toys” in his car, to use during sexual assaults.

McNutt has now been sentenced for two rapes and two other assaults between 2007 and 2009. And what was he doing between 2000 and 2007?  Where was he?

In April 2007, authorities said, McNutt raped a woman inside her Sandy Springs home on Riverside Drive after holding a knife to her neck and bounding her with duct tape.

Later in February 2009, McNutt was charged with being a Peeping Tom after a woman at Macy’s at Lenox Square in Buckhead discovered a man watching her disrobe in the women’s dressing room.

In March 2009, prosecutors say McNutt attacked a Buckhead woman as she was leaving her apartment on Canterbury Road. He began dragging her away when she broke free and ran for help.

That same day in March, McNutt stole the purse and apartment key card of a woman walking her dog in Piedmont Park. The next day the woman found underwear missing from her home and later discovered hanging in a tree.

She is lucky she didn’t walk in on him.  Lavelle McNutt is a dangerous sadist.  Gerald Ford was president when he was first caught.  Gerald Ford.  The Bicentennial.  Patty Hearst.  Farrah Fawcett.  Apple computers invented.  You know, 35 years ago.

As a society, we simply lack the willpower to behave as if certain crime victims even deserve justice.

It took 35 years to put McNutt away.  Next, I predict, activists will begin trying to overturn his life sentence.  We aren’t done paying for this guy’s lawyers yet.

[formatting updated 8/18/11]

Serial Killer Bobby Joe Long: Why Florida Courts (And Those In Other States) Are Really Out Of Money


This is Bobbie Joe Long:

Serial Killer Bobbie Joe Long

Bobby Joe Long raped scores of women in the Tampa Bay area and murdered as many as 11 and possibly more.  He confessed to multiple murders and there are mountains of evidence, including a victim who escaped and left personal items in his bedroom to prove she had been there.  Bobby Joe Long has been behind bars since 1984.  27 years later, we’re still paying for his legal games.  How many millions of dollars has he cost us in all that time?

He is the real reason why the entire Florida Court system is in danger of shutting down for lack of money.

Sure, there are other reasons.  There’s these guys . . .

Hon. Paul Hawkes, FL Rep. Marti Coley(R), Hon. Brad Thomas

Appellate Judges Paul Hawkes and Brad Thomas, who went on a wild spending spree with 48 million taxpayer dollars to build what is being dubbed the Taj Mahal of courthouses, complete with mahagony-lined private suites for . . . Paul Hawkes and Brad Thomas.  Yes, they are wearing cunning hardhats with their names engraved on them.

Florida’s “Taj Mahal” Appeals Court

There’s also cash flow problems due to another real estate boondoggle, the foreclosure crisis.  The State Bar says they will run out of operating funds very, very, very soon.  And what happens then?

“The courts are running out of money, and if we run out of money, we cannot keep our doors open,” said 10th Circuit Judge John Laurent, chair of the Trial Courts Budget Commission.  “It’s important we keep the doors open. One reason is access to justice, and one is public safety. I don’t think we could go for several months without a court system. No, that’s not an experiment we want to participate in.”

Access to justice and public safety: good things.

But the real problem with funding our justice system is the limitless resources and vast latitude given to any criminal who ever gets convicted of anything.  If they get convicted, that is.  According to a group of researchers who put together a list of every time Bobbie Joe Long skinned his knee or bumped his nose, his first rape charge came in 1971, when he was only 18 (a juvenile record might be sealed).  Before that he shot his dog to death through her vagina, but, whatever.  The girl wasn’t believed.  Nor apparently was his wife, a few years later.  Nor was the next rape victim who dared to put herself through reporting him in 1981, only to see him receive probation for lesser charges, then demand a retrial, receive one from some compassionate judge, and walk free, acquitted that time.  Then there was the twelve-year old girl he tried to abuse while in police custody (he got two days for that crime).  There was the hospital job where he was fired for sexual abuse of the patients, but nothing else was done.  He was hired by several other hospitals after that. Then in 1984, a gunpoint abduction charge that was reduced, astonishingly, to a fine to pay for the damage to the woman’s vehicle (which she had crashed in order to escape him).

When you read through a record like this, it’s hard to see the criminal justice system as anything other than a sort of playground for inhuman psychopaths, with defense attorneys and judges standing on the sidelines virtually encouraging the Bobbie Joe Longs of the world to go out and kill again.  I find it very hard to believe that, with the exception of the police, any of the public servants who came into contact with Long in all those years felt the least bit motivated to get him off the streets.  He did everything short of walking into a police station and confessing to raping and murdering women, and then he finally even did that, and then the location of the game changed slightly, but the courts kept playing with him and encouraging him, and they continue to do so today.

Meanwhile, what percentage of his victims received so much as one day in court to address the vicious rape and attempted murder they barely survived, or the murder of someone they loved?  How many serious violent crimes, even murders, attributed to Long were carelessly shelved without a second thought?

The reality of our criminal justice system is this:  we could spend ten times as much as we do today and 75% of crime victims still wouldn’t see their cases addressed by the system.  Liberals care only about criminals, and, increasingly, conservatives care only about cutting costs.  And liberals control the judiciary, and conservatives control the purse strings, especially in Florida.  The math isn’t hard to do.

In 1970, when Bobbie Joe Long was just beginning his violent career, Milton Eisenhower, one of the most respected criminologists in the United States, complained that of the 10 million serious crimes committed annually in the United States, only one-and-a-half percent resulted in even temporary incarceration of anyone.  Those numbers are probably better today.  But the people we trust to keep us safe have grown worse: they’re no Milton S. Eisenhower, who actually believed the justice system should protect the innocent and punish the guilty.  Bobbie Joe Long will have many more taxpayer-subsidized days in court, probably in the Taj Mahal, which is essentially a playground for him and his peers.

Two Tampa-Area Police Dead, Two Others Wounded: It’s Time for a Citizen’s Review Panel . . . of the Courts

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The Tampa Bay area is reeling from four police shootings, two fatal, two non-fatal only because the officers were wearing bullet-proof vests.

This morning, Tampa officers Jeffrey Kocab and David Curtis were killed at a traffic stop.  David Curtis was the father of four young children.  He worked the overnight shift so he could spend more time with his children.  Jeffrey Kocab was about to become a father: he leaves behind a wife who is nine months pregnant.

Jeffrey Kocab                          David Curtis

Even in death, David Curtis is continuing to serve.  His organs are being harvested today to save the lives of people he never met.  In the next few weeks, Jeffrey Kocab’s wife will bury her young husband and give birth to his child.


Of course, the person being sought in these murders has a long record and should have been in prison:

Police said they are looking for Dontae Rashawn Morris, 24, and Cortnee’ Nicole Brantley, 22, but have not named them as suspects.  Morris was released from state prison in April after serving two years on a drug conviction in Hillsborough County, records show.  In October 2005, he was arrested by Tampa police on charges of attempted first-degree murder, aggravated battery with a firearm and robbery. He was found not guilty.

Morris spend nine months in prison, starting in 2004, for several cocaine charges.  Upon release, he was quickly re-arrested and charged with murder, aggravated battery with a firearm, and robbery.  Some judge or jury acquitted him.  Why, I wonder.  Surely, with multiple gun charges, and an attempted murder, there was evidence.  Police did manage to put him away again after the murder acquittal — on yet more drug charges accumulated over two years.  He went back to prison in 2008 and got out two months ago.

Why didn’t the murder charges stick in 2005?  Why wasn’t Morris’ cumulative — and accumulating — record considered in sentencing him?  Now two police are dead, and while it is premature to draw any conclusions, I hope the question gets asked: What happened in the courts that enabled a repeat offender, a violent gun felon, a man charged with a previous murder, to be walking the streets of Tampa last night?

[The] incident began about 2:15 a.m. when [Officer David] Curtis pulled over the Toyota, which was missing a tag, near 50th Street and 23rd Avenue, police spokeswoman Laura McElroy said. The passenger was wanted on a misdemeanor warrant out of Jacksonville for a worthless check, so Curtis called for backup and Kocab came to the scene.  Both officers were shot in the head at close range as they approached the passenger side of the Toyota. . .

Somebody in the courts, or the prosecutor’s office, or the city council, or the state legislature, needs to step up and announce a top-to bottom review of the choices made that put this killer back on the streets, not once, not twice, but three times (not counting the inevitable juvenile record).  People crawl all over themselves to create citizen review boards whenever a police officer makes any kind of mistake.  Why shouldn’t the same be done with our courts, especially when officers get killed, but also whenever someone else gets killed by a predator who should have been in prison?

Meanwhile, in Lakeland, an hour outside Tampa, two other policemen are alive today thanks only to their bulletproof vests.

Deputy Paul Fairbanks

Deputy Michael Braswell

Deputies Paul Fairbanks and Mike Braswell were shot multiple times after stopping Matthew Tutt, who is described as a “21-year old . . . with a long criminal history.”  Another repeat offender who should have been in prison.  He was killed by police at the scene, but his presence on the streets that night ought to be the subject of another citizen’s review.  The fact that, by the grace of God, the officers were saved by their vests doesn’t change the fact that Tutt tried to murder them:

Tutt fired seven times, according to the sheriff’s office. Three of those bullets hit 58-year-old Deputy Paul Fairbanks III — in the stomach, left wrist and left elbow, Judd said. Deputy Mike Braswell, 32, was hit in the right hand, twice on the chest and once in the right thigh.

Ironically, there will probably be a review of the officers’ actions in shooting Tutt.  But there will be no review of the court’s decision to allow Tutt to be out on the streets, armed and dangerous, when he might have been in prison instead.  So long as we challenge and micromanage police actions while handing out free passes to the rest of the justice system, it’s the police who will continue to suffer and die.

Jeffrey Dwight Carr, Michael Ray Tackett: Violent Recidivists Wandering the Streets

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While investigative reporters and their academic mouthpieces busily crochet their latest screeds against the notion of putting criminals in prison, here’s a quick sampling of people who should have been behind bars, but weren’t.  Of course, this isn’t a criminological study, because we’re going to actually mention the crimes these men committed, instead of just breathlessly envisioning the endless possibilities of their next “re-entry” into society.

It looks like the last re-entries were easy to a fault.

Jeffery Dwight Carr, Orlando Florida:

Police in Central Florida say a registered sex offender cut off his electronic ankle monitor, kidnapped a woman and tried to have her cash a $1,000 check. Jeffery Dwight Carr has been charged with robbery, false imprisonment and kidnapping.

Although his juvenile record is not available, Carr wasted no time racking up offenses the minute he turned 18: five auto theft convictions in two years.  How precocious of him.  He got a rolling slap on the wrist and just a few months behind bars, which is too bad, because if he hadn’t, he wouldn’t have been free to commit that sexual assault of a minor in 2002.

Of course, people don’t serve time for every crime they commit, so once they’re popped for something, it makes a certain kind of criminal sense to keep committing more crimes, because you won’t actually serve more time for them.  Unless the state has a recidivism law.  And bothers to enforce it.  Which Florida does.  And didn’t.  Oh well.  He’s behind bars now, and the victim was very lucky to escape with her life.


Michael Ray Tackett, Pittsburgh, Pennsylvania:

You’d think we’ve lost enough police officers recently.  None were injured hauling Tackett back into custody last week for the brutal, armed 2007 rape of a real estate agent, thank God.  But why was he out on bond awaiting a 2009 charge for the brutal, armed rape of another real estate agent, when he has a criminal record of multiple rape charges, and a neighbor reported that this was Tackett’s second armed standoff with the police?

Michael Ray Tackett

Tackett was previously acquitted twice for raping women who were prostitutes, in 2003 and 2005.  Both women admitted to selling sex to him on different occasions but went to police when he became violent, pulled weapons, and raped them.  You would think that type of history would be enough to keep him in jail awaiting trial after he committed his 2009 rape — of a real estate agent he stalked and attacked in an empty house she was showing.  Yet after that terrifyingly violent crime, and despite his extremely scary record, Tackett told the court that he had a back problem that couldn’t be addressed in prison, so he’d need to await trial at home.   The judge actually bought the back pain story and decided Tackett was a good candidate for pre-trial bond.  You know, like Ted Bundy:

Dec. 16, 2009: A West Pittsburg man accused of luring a real estate agent to an empty Jefferson Township house and raping her June 11 is free on bond.  Michael R. Tackett, 38, had his bond reduced Thursday from $200,000 to $100,000 by Mercer County Common Pleas Court Judge John C. Reed after his defense attorney Thomas W. Leslie called the initial amount excessive.  Assistant Mercer County District Attorney Ryan Bonner said Tackett testified Thursday that he required medical attention due to back surgery, and that he couldn’t get it through the Mercer County Jail. . . “Obviously, we were disappointed and alarmed that he bonded out,” said state police trooper Dan Sindlinger.  He said Tackett is potentially dangerous and may have a pattern of targeting real estate agents, and warned them not to show homes alone.

In other words, the judge decided that rather than using stuff like prison guards and bars to keep an eye on Tackett, he would place the burden for watching out for him directly on the real estate agents he was known to be stalking.  After all, lots of real estate agents are part-time ninjas trained in taking down potential serial killers, right?

Tackett was charged with rape in 2003 and 2005 in Lawrence County and acquitted both times, according to published reports. . .  Authorities said Tackett met the woman during a real estate open house. About a week and half later she was showing him a house on Seidle Road when police say he pinned her down, told her he had a gun and raped her repeatedly.  Tackett threatened to kill the woman. He ordered her to answer questions about her family, recited her address, and threatened to kill her and her family if she reported the incident, police said.

And now, the parade of technicalities begins:

Tackett used a fake name when he contacted the woman but she found a photo on the state’s Megan’s Law sex offender registry that looked similar to the man she said raped her, police said.  A Neshannock Township policeman saw the picture, which was not Tackett’s. He realized it looked like Tackett, with whom he’d dealt before.  The policeman showed the woman Tackett’s picture, and she confirmed it was him.  Leslie is trying to have that identification, and any subsequent courtroom identifications of Tackett suppressed in the case. He said showing the picture outside a lineup was “unduly suggestive.” A hearing is scheduled for Jan. 6 on that motion.  In a later state police lineup, the woman said she was “100 percent sure” it was Tackett who raped her, police said.  She also identified Tackett’s car, and was able to point it out from a block away while driving through West Pittsburg with her husband, police said.

The details from the 2007 rape are also chilling:

[Tackett] had been sought by police in the rape of a real estate agent on May 24, 2007. State police said the agent had agreed to meet with Tackett to show him a home along Huson Road in Woodcock Township, Crawford County.  According to documents filed earlier this year in the office of District Judge Lincoln Zilhaver of Saegertown, Crawford County, the agent showed the house to Tackett, who had given her the false name of Randy Thompson, for about four hours, starting around 10:30 a.m.  Toward the end of the showing, Tackett asked to see the basement. Once in the basement, police said Tackett used a stun gun on the woman and raped her.  The woman provided a detailed description of her attacker, including his height and weight, that he wore glasses, had a tattoo and shaved his pubic area.  She also identified Tackett in a photo lineup. During the investigation, police searched Tackett’s wife’s car, which the woman also described to police as the vehicle used by her attacker.  That vehicle search turned up items including a copy of Real Estate magazine and a stun gun.

This sounds like a case where insane pro-offender evidence rules, in addition to judicial and juror leniency, slowed down police in their efforts to contain a suspected serial rapist and, possibly, serial killer.  Let’s hope the body count isn’t too high.  But of course, the real problem is that we just put too many people in jail, man.

Tomorrow: more violent recidivists wandering the streets . . .

Rodney Alcala: The Forrest Gump of Sex Murder. And What That Says About the Rest of Us.


Yesterday, serial killer Rodney Alcala was sentenced to death for the third time for the 1979 murder of 12-year old Robin Samsoe.  He was also sentenced for the torture-killings of four other women.

Today, the media is reporting brief, painful snippets about the five victims.  Many other victims are believed to exist.

Tomorrow, Alcala will undoubtedly begin appealing the sentence again.  Why not?  The taxpayers of California pay his legal bills: his lawyers have grown fat over the past three decades, helping a serial killer play games with the appeals process.   The victims have spent lifetimes sitting in courtrooms watching him toy with their loved ones’ memories.

Perhaps the worst part of this story is the role played by certain culturally powerful people who knew about some of Alcala’s most vicious crimes but still allowed him get out of prison or provided him with the cover of social credibility.

Had Alcala been put away for life after he was caught, in 1968, in the act of raping and beating an 8-year old girl, his later victims — Georgia Wixted, Jill Parenteau, Charlotte Lamb, Jill Barcomb, Robin Samsoe, and others — would be alive today.  But in 1971, at his sentencing, the state of California decided that Alcala deserved another chance.  They gave him to just a handful of months for the crime, practically letting him walk free for the near-murder of an 8-year old.  The child survived only because police broke into Alcala’s house while he was beating her head in with a steel pipe.

This sentence is a perfect illustration of the theory that, until recently, predators actually received lesser sentences when they sexually violated their victims.  I believe Alcala would have gotten a much longer sentence if he had merely tried to kill the child, without raping her, too.  In the therapeutic environment of the 1970’s justice system, being a sexual offender was literally an excuse for lawbreaking.  Sex offenders were to be pitied, if not slyly admired.

Anybody care to challenge that?

Rodney Alcala

Now for the weighty hangover of such indulgences. Investigators are asking anyone missing loved ones to look at this gallery of photographs that were in Alcala’s possession.  It’s not known how many women and girls he killed, so the photos may lead police to more victims.

You have to wonder why this wasn’t done decades ago.  The photographs have been in the possession of authorities since around 1979.  Perhaps if the state were not so strapped from subsidizing Alcala’s relentless manipulation of the courts, they would have a little more cash on hand to look for more of his victims:

Alcala has spent his time behind bars penning You, the Jury, a 1994 book in which he claims his innocence and points to a different suspect; suing the California prisons for a slip-and-fall claim and for failing to provide him a low-fat diet; and, according to prosecutors, complaining about a law that required he and other death-row inmates to submit DNA mouth swabs for comparison by police against unsolved crimes. . . He has a talent for mining legal technicalities and has repeatedly enjoyed success with appellate judges.

Astonishingly, after being convicted of the vicious rape and attempted murder of an 8-year old, making the FBI’s ten most wanted list, absconding, being sent to  prison, being released, then getting packed off to prison again for abducting a 13-year old girl, Alcala landed a job at the Los Angeles Times.  The newspaper is being quite circumspect on the whole serial killer recruitment snafu thing, but it was reported in L.A. Weekly.

You might think a whole building full of investigative reporters would have betrayed a little curiosity when a two-time convicted child rapist started flashing home-made child porn around their water cooler, particularly considering the fact that he was also under investigation for the Hillside Strangler killings at the same time.

You’d think so, but you would be wrong.  From the L.A. Weekly:

Even as the L.A. Times was publishing sensational articles in the late 1970s about the mysterious Hillside Strangler, who terrorized much of L.A. at that time, Alcala, who worked typesetting articles for that paper, was being questioned by the LAPD in relation to those very murders.  In an interview with the [L.A.] Weekly, Alcala’s former Times colleague Sharon Gonzalez remembers: “He would talk about going to parties in Hollywood. It seemed like he knew famous people. He kept his body in great shape. He was very open about his sexuality. It was all new to me.”  He brought his photography portfolio to show his Times workmates, she says, and the photos were “of young girls. I thought it was weird, but I was young, I didn’t know anything. When I asked why he took the photos, he said their moms asked him to. I remember the girls were naked.”

You don’t want to seem like you’re judging the man.

Gonzalez adds that she wasn’t “smart enough or mature enough to know” that she was looking at child porn. Yet incredibly, she describes how L.A. Times‘ management in the 1970s had a golden opportunity to turn Alcala in, but did nothing: “There were other people in the department who were in their 40s and 50s. The [Times] supervisor at the time — she saw it.” Instead, the reaction at the newspaper was, “We thought he was a little different. Strange about sex.”

Which L.A. Times managers knew about Alcala’s record? His impromptu workplace polaroid shows?  Good for Gonzalez for coming forward: does anyone else have a conscience?  Considering the paper’s current editorial stance opposing sentencing enhancements and measures to monitor sex offenders, it would be illuminating to know if any current editorial board members were among those who knew him back then.

Of course, doing nothing to stop child rape was in at the time.

It is actually hard to believe that Alcala was given a job at the Times despite his heinous record.  Was he given the job because of it?  There is no way they couldn’t know about his past: he was a registered sex offender, had made a daring escape and had been, you know, in the papers.  Were journalists actually so besotted with ideas about the illegitimacy of incarceration that they bought the idea that he had been . . . rehabilitated?

Had Maileresque outlaw mentality really eroded such giant chunks of the ethical hive?

Alcala studied film-making under Roman Polanski, too. I wonder what other passions they shared.

Hollywood pedophiles, media crusaders, rapist-loving parole boards, lenient judges, hip defense attorneys, art-world glitterati, The Dating Game (also post-child rape): this guy was the Forrest Gump of sexual torturers.

The most painfully comprehensive coverage of the Alcala saga is Christine Pelisek’s excellent series of articles in L.A.Weekly.  Read them and weep:

Dating Game Serial Killer Suspect Cross-Examines Himself Over His Hair

Orange County Prosecutor: Suspected Serial Killer and Dating Game Contestant Rodney Alcala Savagely Killed His Victims Because “He Enjoyed It.”

Rodney Alcala’s Final Revenge: Begged to Spare Victims’ Families At Trial, The Alleged Serial Killer Ratchets Up The Suffering

Rodney Alcala: The Fine Art of Killing: One Man’s Murderous Romp Through Polite Society

Orange County Judge Sentences Serial Killer and Dating Game Winner Rodney Alcala to Death


Tomorrow: Rodney Alcala’s Criminal Appeals

Rapists, Child Molesters Treated With Most Lenience: Washington Examiner

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Why does it seem like the people who commit the most heinous sex crimes are the ones getting multiple breaks from the courts?  Apparently, I’m not the only person wondering.  I certainly hope the Washington Examiner doesn’t mind that I’m copying their article in its entirety.  It’s so staggeringly rare to find stories outside the “Hooray, We’re Emptying the Prisons” media drumbeat these days:

Freed criminals prey on public

By: Scott McCabe
Examiner Staff Writer
March 21, 2010

From left: Darryl Hazel, Robert Joseph Williams and Virgilio Nunez

Cops hunt felons turned loose by system

A high percentage of the top fugitives sought by U.S. marshals in the region had been in the hands of authorities only to slip away through cracks in the legal system or questionable judicial decisions.
Of the criminals designated “Most Wanted” by the Capital Area Regional Fugitive Task Force, more than 70 percent had been released from custody for various reasons, requiring marshals’ deputies to track them down again.

Imagine the cost of tracking these felons down, not once, but twice, and sometimes more than that.

Some presented a clear danger to area residents:

» Two-time convicted killer Darryl Hazel was two months out of prison when he was arrested on drug charges, released on his own recognizance and went into hiding.

» After Virgilio Nunez was charged with 15 counts of child sex abuse involving multiple children, the El Salvador native was allowed to post $10,000 bail. He remains on the loose, authorities said.

» Robert Joseph Williams was out on supervised parole after serving 20 years of a 35-year prison sentence for raping his adoptive mother. He was put on supervised probation. But during that time he was charged again with drug distribution. He violated the conditions of his probation and disappeared.

» D.C. Jail inmate William Brice, awaiting trial in a near-fatal shooting, was allowed to be released into the custody of his defense attorney and attend his father’s funeral. The inmate fled the funeral, his lawyer failed to notify the court and Brice has the been on the run for more than two years.

William Chambliss, a criminologist at American University, said the biggest mistake when talking about the law or the courts is to think the system is rational, organized and precisely managed.

“It’s fundamentally flawed,” Chamblis said. “It’s impossible to create a large bureaucracy that is not going to make a lot of stupid mistakes.”

Hazel, 33, already had two murder convictions under his belt when he was re-arrested in D.C. for misdemeanor marijuana and heroin charges last year. At age 15 he pleaded to the shotgun death of a Capitol Hills store clerk. At age 22, Hazel killed again, this time in Northern Virginia. He pleaded guilty to second-degree murder in federal court, served eight years hard time and was placed on probation.

So this guy killed two people.  He served something less than 15 years for two murders.  The D.C. court simply decided to stop monitoring him, and once they got around to picking him up again, he’d been involved in another shooting:

According to records, after his drug arrest, D.C. court officials attempted to call Hazel’s probation officer but the officer had been transferred and the replacement was unavailable. Five days later, the U.S. Attorney’s Office withdrew its request to keep him behind bars.

Hazel was set free and told to return to court in four weeks. He didn’t.

Seven months later, on the day he was featured as a Most Wanted fugitive in The Examiner, U.S. marshals said they got a tip from a reader who reported that Hazel was living under the name of a dead relative. Marshals arrested him.

During their investigation, detectives discovered that Hazel was involved in a shooting three months earlier while using his alias. Hazel has not been charged in connection with the shooting.

Hey, why bother charging him?  It’s just his third known violent crime.  And the other two were just murders.  Yet what you read in virtually every newspaper, day after day, is overstimulated, breathless reporting on “alternative sentencing,” emptying the prisons, and the newest pro-offender cash-cow, “prisoner re-entry.”

None of these initiatives, they tell, us, will apply to violent offenders, of course.

They’re lying:

The most lenient cases, said one Maryland prosecutor, seem to fall on people accused of sex, child abuse or domestic violence crimes, especially if the supsect “doesn’t look like central casting with the knuckles dragging to the floor.” One violent sex offender had to be picked up three times for violating his parole.

Virgilio Nunez, 44, was indicted on 15 counts of child sex abuse in February 2009 when a Montgomery County court commissioner allowed him to post a $10,000 bond, authorities said. Nunez, who was born in El Salvador, hasn’t been seen since. Nunez’s court records were sealed under adoption privacy laws.

State’s attorney for Montgomery County John McCarthy’s office said he could not comment.

Valencia Mohammed, a victim’s rights advocate who lost two sons in separate killings, said she’s amazed that Nunez was allowed to post bail.

“Immigrants seem to be let off on things that I know that we would be held on,” Mohammed said. “Why give them the opportunity flee? Why put the bail so low or make the sentence so lenient that you let the person out to commit so harm? It makes no sense.”

Joe diGenova, former U.S. attorney for the District of Columbia, said these incidents are inevitable in a system that handles huge numbers of cases.

It happens all the time,” said diGenova. He said sanctions should be considered against judicial officials whose mistakes endanger the public. “This is important stuff,” he said. “The public relies on the function of the system.”

Good luck with that “judicial sanction” fantasy.  Judges are above the law: there are barely any mechanisms by which they censure each other, and forget about the rest of us weighing in.  What of that defense attorney who helped his client escape?  Were there even consequences?

Duplicative, hyper-vigilant review boards monitor every move the police make; civil rights organizations scream endlessly over every defendant’s rights and privileges; prosecutors face a rising tide of disruptive legal actions to keep them from doing their jobs.  But defense attorneys can do virtually anything in court with no fear of censure, and judges who fail to enforce sentencing law or make appalling errors that result in wrongful releases are never held responsible.  Not even when someone gets murdered as a consequence of their carelessness.

No, consequences are for the little people.  The non-lawyers, non-judges, non-criminals.


Here is a very interesting post from Britain by a cop who sees the same thing, day in and day out.  The cops pick them up, and the courts cut them loose, says PCBloggs:

[I]t disturbs me that the courts seem to operate in a world apart from the rest of us, with no accountability whatsoever when flagrantly ludicrous decisions are made and a nonsense made of facts. I have sat in court and heard a defence solicitor telling a magistrate that his client had not been in trouble with the police since the incident in question, with no recourse whatsoever for me to leap to my feet clutching the defendant’s police print screaming “Damned lies!” If a police officer falsely presented facts in court, regardless of whether through ignorance or malice, they would be rightly investigated and potentially prosecuted.

Likewise, if a police officer attended a report of child rape and decided to leave the offender wandering free to attack his next victim, he would probably be jailed for neglect. This judge remains free to continue unchecked. It appears that in the interests of a fair trial, anything goes.
So should the Yorkshire Ripper achieve his parole and go onto offend days, weeks or months later, the judge who frees him would at the worst face removal from office via an internal process. More likely, they would merely be villified in the press but no actual sanctions brought, largely because there are no serious disciplinary or criminal measures that can be brought. I am not suggesting we can or should realistically prosecute masses of judges for manslaughter or neglect for every offender who reoffends under their grammercy. But why should those options be ruled out when they weigh on the minds of every other member of the criminal justice process? Why should accountability fall at the last hurdle?
Why should accountability fall at the last hurdle?  Indeed.

Admissability of Evidence, Assignment of Blame: The Paterson, NJ Rape Case

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Man rapes, tortures five daughters, impregnates them repeatedly, forces them to deliver babies at home.

Administers beatings with steel-toe boots, wooden boards.  Withholds food, doles out extreme psychological torture.

Flees authorities.  Keeps the young women captive for decades.  For their lifetimes.  Receives probation after getting caught once.  Some of the babies die.  Daughters, wife forced to secretly bury them.

But what about the admissibility of evidence?  Isn’t that what’s really important here?

AP — A New Jersey man with apocalyptic visions is accused of years of terrorizing his family, raping his five daughters and impregnating three, beating his children with wooden boards and even moving at one point to avoid child welfare investigators.  The nightmarish picture of a family subjected to more than a decade of threats and violence and largely cut off from the outside world is emerging in a state courthouse where prosecutors are preparing to have the man stand trial five times, one per child victim. . . . In her testimony, his daughter described experiencing and witnessing beatings administered with wooden boards and steel-toed boots. She said minor transgressions often were punished by the withholding of food.   The girl’s mother testified some of the babies were delivered at home and never received birth certificates, and said in at least two instances babies who died in the home were buried without authorities being notified.  The children were home-schooled, she said, and were discouraged from interacting with other kids.  “No one really asked questions of each other because somebody would tell on somebody and somebody would get in trouble,” she said.  Even after she became aware of sexual abuse, she said she was too frightened to confront him.  “I was afraid to ever accuse him of being demented, or being a pedophile. I knew the word but I wouldn’t dare use it because it would result in a beating,” she said. “I’m sure my not standing up to him didn’t help the kids. They felt disempowered also. There was just a lot of fear. Everybody was threatened.”  Daryl Pennington, an attorney representing the defendant, did not return messages seeking comment

Now, wait for it . . .

Attorneys are scheduled back in court on Friday, when state Superior Court Judge Raymond Reddin is to rule on the admissibility of the wife’s testimony.

It’s the system, not Judge Reddin’s fault, but they will spend more time in that courtroom quibbling over rules of evidence than talking about the crimes themselves.  Such is our justice system, after fifty years of defense-driven exclusion of evidence rulings.  The truth, the whole truth, about what this man has done will unavoidably take a back seat to our sickening and criminal-biased criminal procedural rules.

So who, other than the defendant, is at fault?

Usually, the media’s default angle in a case like this is the “failure of child protection authorities” line.  But is it really the child protection workers who failed when the court lets him go?  In this case, child protection did their job by getting this animal into a courtroom and at least temporarily removing one of his children from the home.  They some judge cut him loose.

Many reporters view child protection workers as fair game — prosecutors and judges, not so much.

Refreshingly, the AP reporter here does not point fingers at the child protection workers and call it a day.  He seeks comment from the prosecutors in the previous case, where the offender was permitted to walk away from extremely serious charges.  However, the reporter doesn’t name the judge who delivered such a lenient sentence.  Maybe the prosecutors were asking for more time.  Maybe it was the judge’s fault.  Maybe both the prosecutor and the judge wanted to throw the book at this man, but they were constrained by a system that still makes it difficult to hold people responsible for crimes committed against their own children.  Here is the AP account:

As the first [rape] case nears trial, questions have been raised about whether state authorities could have put a stop to the abuse sooner. Some of the crimes are alleged to have occurred while the family was under scrutiny by the state child welfare agency, and after the father had been arrested and pleaded guilty to assault and child endangerment.

During that time, child protection authorities has already brought the man to court.  His success in essentially beating the charges (mere probation, despite fleeing, kidnapping, attempted kidnapping, abuse) cannot be laid at their feet.  Doubtlessly, beating those charges empowered the abuser.  I’m sure the child protection workers feared for his daughter’s lives after the court cut him loose.  Then, this:

Arrested in 2006, [the defendant] stands accused of raping five of his daughters, three of whom are believed to have given birth to a total of six children. He is being held on $1 million bond.  Having been ruled competent to stand trial earlier this year, he faces 27 charges including aggravated sexual assault, sexual assault, lewdness, child endangerment, aggravated criminal sexual contact and criminal sexual contact.

He is back in jail now, awaiting trial, but this man was out of jail on bail for the 2006 rape charges for a very long time. has more troubling details about his time out, below.

If the defendant was being evaluated for mental competence, for such serious offenses — five young rape victims, three repeatedly impregnated by him — and if the question was whether he even had the ability to control this behavior (shades of the twinkie excuse of sexual assault), and if his wife and daughters had been tortured by him and were terrorized by him, and he believed their lives were his to destroy, what the hell was he doing out of prison for five minutes, let alone 3+ years, while being “evaluated for psychological competence”?

What type of system says to a serial rapist and torturer: OK, you may not be able to control your rapin’, torturin’ behavior, so we’re going to cut you loose while your lawyer drags out the process of getting you checked out by the yours-and-mine shrinks?

Our system.  I wonder how many other little girls this rapist was able to “get” while awaiting trial this time.  We know some of what he did the last time he walked away with a slap on the wrist:

Authorities say the assaults began in the mid-1980s and lasted until 2002, when the parents separated, and occurred at residences in Paterson, East Orange, Orange and Eatontown. . . According to court records and published reports, the girls’ father was arrested in 2000 and charged with kidnapping for allegedly trying to take three of his children from state custody at a Monmouth County medical center. He posted bail and later pleaded guilty to assault and child endangerment and was sentenced to a year’s probation. Prosecutors in Passaic County say one of the daughters, then in her early teens, was raped as late as January 2002.  New Jersey’s Division of Youth and Family Services declined to comment, citing confidentiality requirements.  But the man’s wife and one of his daughters testified that the agency had indeed removed at least one of the children from the family’s home, and that the family had temporarily moved, first to Jersey City and then to Florida, to avoid the agency’s investigation.

Who was the judge in the 2000 case?  What does he or she have to say about the decision to give him probation for such serious offenses? has more information about the 2006 bail decision. The defendant has been out on bail for years and was only remanded six months ago.  Read this horrifying passage carefully:

It is a complicated series of events that led a state Superior Court judge in Paterson to remand [the defendant] to the Passaic County Jail on Sept. 24 after having been free on $500,000 bail since his 2006 arrest. [He] is awaiting trial on charges he sexually assaulted his daughters and deliberately impregnated them.  [The defendant], 50, committed the sexual assaults from 1985 through 2002 in Paterson, East Orange, Orange and Eatontown, according to prosecutors. Authorities have described him as a “blueblood,” or someone who believes in keeping his bloodlines pure, and that the assaults were a disturbing attempt to create “purebred” offspring.  A hearing is scheduled before state Superior Court Judge Raymond Reddin in Paterson on Tuesday to determine how to deal with the matrix of factors that have made and could continue to make the $280,000 home he used as collateral for his bail insufficient. [The defendant] will remain in jail as long as the matter is unresolved.  What led to the suddenly precarious status of [the defendant’s] bail was that prosecutors noticed the defendant was apparently accompanied by a woman and a young child at a recent pretrial conference before Reddin last month, said Joseph Del Russo, Passaic County chief assistant prosecutor. Defendants in sexual assault cases — as a condition of bail — are often ordered not to have contact with small children. Prosecutors checked to see if such a no-contact order was part of [the defendant’s] bail conditions set back in 2006. As it turns out, it was. But that became a side issue when prosecutors noticed an even bigger problem, Del Russo said.  “We began to discover that his original bail posting — that is, the original process of posting bail with the County Bail Unit — was flawed,” Del Russo said. The most glaring problem, Del Russo said, was that proof that the property [the defendant] owned was worth $285,000 and was unencumbered — meaning no liens against it — was misleading. The document providing that proof was actually a title search produced by the seller of the property, according to Del Russo.

Let me attempt to reign in my disgust here long enough to paraphrase:

This child-raping animal has been walking free for 3 1/2 years while his attorneys successfully deflected his trial on multiple rape and torture charges.  By now, the defendant is so unworried about consequences that he actually showed up in court with a woman and young child — knowing full well that by having the child with him, he was violating his bail conditions in a child-rape case — in front of law enforcement, the prosecutor, and the judge.

However, the revelation that the child-rapist had another child under his control isn’t what landed him in jail again.

No, the endangering-another-innocent-child-after-impregnating-three-of-your-daughters-six-times-and-raping-two-others isn’t the problem.  Oh, heck no.  That, according to the reporter, the courts can swallow.  Regarding that, they’re good with the guy being out on the streets indefinitely.  Another two or three years, at least.

So what’s this bigger problem than child rape?  Real estate valuation.

The quote bigger problem unquote is that the child-rapist’s house, which he put up for collateral for bail, has some title issues and needs to be reappraised.  Yes indeed, that’s far more relevant than letting a child-rapist traipse out of the courtroom with another little baby in tow:

The most glaring problem, [Passaic County assistant prosecutor Joseph] Del Russo said, was that proof that the property [the defendant] owned was worth $285,000 and was unencumbered — meaning no liens against it — was misleading. The document providing that proof was actually a title search produced by the seller of the property, according to Del Russo.”The seller produced for [the defendant] a title search that showed the house was paid for — free and clear — and unencumbered,” Del Russo said. “Instead of [the defendant] showing his interest in the property, he showed us a document from the seller, rather than from him. So we don’t know, when he brought the house, whether he had a tax lien that followed him, or if he took a second mortgage on it. It was certainly misleading, let’s put it that way.”

Pardon me for being blunt, but shouldn’t the prosecutor be raising hell about the fact that the child rapist has a little child in his custody instead of prattling on to the media about real estate minutiae?

To heck with the mental state of the defendant: unless the reporter got the story very wrong, the heads Passaic County authorities need to be examining are the ones on the northern end of their own necks.  While the rest of us examine our hearts.  Doesn’t child rape matter?  Child rape.  Impregnating your daughters, over and over again.  Forcing them to give birth in front of you, for the love of God.  Making them bury their babies in secret.

Kicking their little bodies with steel-toed shoes.  Between rapes.  The prosecutor is busy talking about real estate?


Whenever I read a story like this, I wonder at the lack of outrage.

  • Where are the campus rape activists and the N.O.W. activists, with their “take back the night” marches and “teach-ins” and glossy “no-means-no” leaflets?  Is that all just . . . self-serving theatrics?
  • Where are the legal activists and law school students and law professors who pour millions of dollars and thousands of hours into investigating perfectly legitimate convictions every year because “every single injustice is unacceptable” . . . unless, of course, it is injustice absorbed by the victims of crime?
  • Where are the across-the-disciplines academics who never met a violent offender who didn’t simply titillate them?  Do they ever doubt their loyalties, ethics, or research claims, looking at a case like this?
  • Where are the tough-on-crime politicians?  Are conservatives still playing shy on child molestation because their “pro-family” constituents don’t like the state messing with private lives?  Are the “dad’s rights” deadbeats whining about attacks on the patriarchy again?  The small government purists linking arms with the A.C.L.U. to denounce prison costs?
  • Where are the crusading journalists, especially self-styled experts like Dorothy Rabinowitz, who has been dining out on the story of two (two!) bad child rape prosecutions from two decades ago, although no pattern of wrongful prosecution was ever uncovered (because none existed)?  Rabinowitz’s large-print account of the Amirault and Michaels cases has done immeasurable damage to the ability of prosecutors to convince jurors that a child has been raped, yet Rabinowitz has never revisited her own claims that these anomalous cases represented anything other than a real good chance to present herself as some sort of breathless freedom fighter.  “Like lightning, the charge could strike anyone” she trilled.  With no supporting evidence.  Because there was none.  This shameful chapter in the usually reliable Wall Street Journal’s history, and Rabinowitz’s histrionic, projection-heavy, thin-on-facts book, No Crueler Tyrannies, could both use an honesty makeover via some attention to the unfolding Paterson case, which has far more in common with the  average child molestation case than the handful of decades-old cases Rabinowitz still rails about.

You know, in the interest of opposing cruel tyrannies.

Sex Offender Two-Step: Those (Pricey) Revolving Prison Doors

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Crime Victims Media Report is back, after an unexpected hiatus.  Some updates:

Loc Buu Tran

A reader informs me that Loc Buu Tran, previous granted probation for a kidnapping and sexual assault in Clearwater, Florida has finally been convicted of murder in Orlando, after his trial for slaughtering his girlfriend was repeatedly delayed:

Another appeal in the making, yes, but a little light filters through this cloudy justice journey. Today, Loc (Anthony) was judged “guilty, 1st degree murder”. His jury found fourteen stabs a bit zealous for simply giving her the head’s up that he was in control.

Jo Frank

Loc was convicted of sexual battery, kidnapping, and obstruction of justice in 1998.  The woman he kidnapped and raped had “rejected him.”  For this shockingly violent crime, he got . . . a get out of jail free card by some sympathetic judge who probably believed it was merely an acting-out-sort-of-kidnapping-and-rape-thing.  Two years probation for sexual assault and kidnapping.  They probably apologized to him for his inconvenience.

In 2001, the state had another chance to punish Loc and protect women when he violated his probation by committing multiple acts of credit card fraud.  Consequently, he faced prison time for the sexual assault, along with the new charges.  But instead of taking into consideration his new status as a recidivist, another judge gave him another “first offender” chance and telescoped down all his charges to one sentence.  You can guess what happened after that:

[A]fter letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . [t]he State of Florida let him go early, after serving only 26 months of a 38 month sentence.

They also apparently trash-canned the rest of his probation, for good measure.  It’s all about prisoner “re-entry,” you know.  Probation’s a drag.  How dare we ask judges to enforce the law when rapists need to be rehabilitated back into society and given job training and that all-important-help getting their voting rights reinstated (Florida Governor Charlie Crist’s weird hobbyhorse)?

As we know now, Tran “re-entered” society with a bang.  A slash, really, stabbing [another] young woman to death when she tried to break up with him.   Given the court’s repeated bungling of his case this time, you have to wonder if he’ll ever really be off the streets.

Well, he is now, at least until the defense attorneys manage to find the golden key that sets the rapists free.  When Floridians pay property taxes this year, they should remember that they’re now bankrolling Loc’s endless appeals.

I’ll be writing that in the subject line of my check.

Maybe it would be cheaper if we just let him go again, like all the anti-incarceration activists chant.  Of course, they’re also the ones making it so expensive to try people in the first place.  CourtWatcher Orlando, which witnessed Tran’s trial(s), has more to say about the way defense attorneys ran up costs at his trial.  Tran committed murder in 2006.  A few months ago, after the state finally got around to trying him, his trial was suspended because the judge realized Tran had been her client earlier in his epic crawl through the courts.  Responsibility for this mess-up can be laid directly at the feet of the defense bar, which has made prosecuting any defendant so mind-numbingly drawn-out and irrelevantly complicated that the courts can’t cope with even an obvious murder like this one.  Every delay is a victory for the defense bar, which tries to make trials as expensive as possible in order to bankrupt the system.

Then last month, Tran’s trial was postponed again because a translator got sick.  That means dozens of people on the state payroll, and all the jurors who had reorganized their lives to do their duty to society, and the traumatized family members and witnesses, were all left twiddling their fingers for the second time in a row.  Yet CourtWatcher is reporting that Tran didn’t even need a translator.

And, of course, we paid for the translator.  If we had not paid for the translator, that would doubtlessly be grounds for appeal, even though Tran didn’t need a translator.  Nevertheless, I predict that something relating to the translator will be appealed anyway, just because it’s there.  All this costs money.  Our money.

Instead of letting convicts out of prison early to save money, state legislators should be taking a hard look at the ways the defense bar wastes our money, all in the name of some people’s utterly manufactured version of “rights.”  It’s another must read from Orlando, here.


Meanwhile, in Georgia, Michale Coker writes to report the capture of Charles Eugene Mickler, one of the absconded sex offenders featured in a story in the Atlanta Journal Constitution:

You will be happy to know Mickler is currently in the Gwinnett County Detention Center on a probation violation. This weirded me out since I know this guy. Oddly enough it was Need To Know* publications where I discovered he was wanted.

Charles Eugene Mickler

*Need To Know is one of the for-profit broadsheets detailing offenders.  It is not on the web but sells in hard copy.

Mickler does not appear to have served any time in prison for his 2007 sexual battery conviction.  Then he absconded.  Of course, the story in the paper didn’t raise the question of why someone convicted of sexual battery was not imprisoned for the crime.  Instead, the reporter wrote that the public need not worry about all those absconded sex offenders because they generally “just” target people (ie. children) they know.  Except for the ones who didn’t, as I detail here.  See my original post here.

How many of those absconded sex offenders have been located?  The media already answered that question.  The answer goes something like this:

How heartless of you to believe these men should be monitored, you vengeful hysterics!  I’m not telling.

In fact, the only coverage, to date, of these 250 absconded sex offenders has been the one story focusing on scolding the public for caring that these men have violated parole and gone hiding.

Policing public sentiment is so much more important than policing sex offenders, you know?


Until it isn’t:

Chelsea King

King’s parents, at a vigil, after her body was found.

John Albert Gardner, who is being held in Chelsea King’s murder, is a convicted sex offender who had been given an easy plea deal for a prior sex offense.  He could have served 30 years in prison but was released in five, instead, against the recommendations of psychiatrists, who said he was a high risk to attack more little girls.

But, hey, California saved some money cutting him loose instead of incarcerating him, didn’t they?  And prisoner re-entry is so important.

Now Gardner is also being investigated in other horrifying crimes.  Isn’t there a different end to the story?

According to the Riverside County Sheriff’s Department, a 16 year old girl, walking to a friend’s house in Lake Elsinore, said a man pulled over and asked her for directions. She told police he asked if she was a virgin, showed a gun, and tried to force her into the car. She ran away. This happened in October 2009.

At the time, Gardner was not registered as a sex offender in Riverside County because he was living in San Diego County, said John Hall, with the District Attorney’s office.  Gardner registered in Riverside County, in January, when he moved to his grandmother’s house near Lake Elsinore.

Escondido police are trying to figure out if Gardner is responsible for the disappearance of a 14-year-old Escondido girl.

Gardner is also a suspect in the case of a 22-year old girl who was attacked in the same area where King’s car was found.

Gardner had already admitted to molesting a neighbor girl back in 2000. According to court records, he had lured her over with a movie.

King’s parents are planning a memorial. During an interview, King’s parents expressed concern that Gardner was released from jail after serving only five years, despite a psychiatric evaluation that recommended he stay locked up for 30 years.

John Gardner

Disturbed enough, yet?  Here is more disturbing information:

As recently as November 2009, Gardner registered as a sex offender at an Escondido address two miles from the school.

People living at the Rock Springs East condominiums said they were shocked to learn Gardner had lived in their building.

A woman with small children who lived next door to Gardner and recognized him from photos posted online over the past few days said he lived with a blond woman and two toddlers.

The former neighbor, who didn’t want to give her name, said teenagers, both male and female, often came over to play video games at Gardner’s apartment. She said she could hear the loud games through the walls.

She and other neighbors said Gardner had moved out about six months ago.

In 2000, Gardner was convicted of a forcible lewd act on a child and false imprisonment after he took a 13-year-old neighbor girl to his mother’s home in Rancho Bernardo. The girl accused him of repeatedly punching her in the face and touching her private parts.

A psychiatrist who interviewed him in that case said he would be a “continued danger to underage girls” because of the lack of remorse for his actions.

Prosecutors initially charged Gardner with more-violent sex crimes that could have resulted in a sentence of more than 30 years because the terms would have been served consecutively. He was sentenced to six years in prison as part of a plea agreement and served five years before he was released in September 2005. He completed probation in 2008.

In 2000, Gardner didn’t go out and attack a stranger: he targeted someone he knew, a 13-year old neighbor, to be precise.  If Gardner had lived in Georgia, that would qualify him for the “don’t worry, those absconded sex offenders only target people they know” category.

Until they don’t.  And what does it matter anyway, except as an idiotic argument by people who can’t stop justifying the behavior of sex offenders and opposing sex offender registries?  Gardner’s record illustrates a disturbing point that anti-registration types never acknowledge: it takes real nerve, and a real lack of worry over consequences, to target children who know you and can identify you.  Maybe people should be more worried, not less worried, about child molesters who know their victims.  Unlike anti-incarceration activists, child rapists don’t worry so much about the distinction.  They go after children they know, and they go after children they don’t know: one is just easier to access than the other.

Although the real solution would have been to never let Gardner out of prison again, once the sick coddle of California justice cut him loose, DNA database laws and sex offender registration probably saved some lives, including the lives of the little girls whose mother was shacking up with Gardner.  How could any mother let some man move into her house, with her two young children, without checking to see if he shows up on a sex offender registry?

If you know a co-habitating mother who hasn’t checked her partner’s background, do it for her.  Today.  The world is full of sex offenders cut loose by some judge or prosecutor or parole board.

You Have The Right to Commit Crime. Nothing You Say or Do Will be Used Against You in a Court of Law.

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Yesterday, I linked to one section of an interesting Philadelphia Inquirer series on chaos in the courts.  The entire series is worth reading, but you have to download a flash player to view it all (pathetically, that’s onerous for me): here’s the link.

Anyone who believes the problems described by the Inquirer are limited to the City of Brotherly Love has not visited a courtroom in their own jurisdiction lately.

Such problems are not even limited to our country, though the panoply of indulgences we shower on criminal defendants used to be the envy of criminals throughout the world.  As in so many other endeavors, the rest of the world is catching up with us.  Britain may be even more lenient than we are on serial recidivists, and simultaneously hard on ordinary people who break the law, a phenomenon crying out for a name.

See, for example, this from the U.K. Telegraph:

Businessman Jailed For Attacking Intruder, Who Goes Free

Munir Hussain, who was threatened at knifepoint and tied up by a gang of masked men in his living room last year, was told he must go to prison for 30 months to preserve “civilised society”.

But Walid Salem, a criminal with more than 50 convictions, was handed a two-year supervision order for his role in the break-in at an earlier hearing.

He was one of three men who ambushed Mr Hussain, his wife and children . . . Their hands were tied behind their backs and they were forced to crawl from room to room before being forced to lie down in the living room . . . when Hussain’s teenage son managed to escape and raise the alarm, he seized his chance and turned on his captors. While two of them got away, Salem was cornered in a neighbour’s front garden. With the help of his brother, Tokeer, 35, who lived nearby, Hussain set upon him with a metal pole and a cricket bat, the court heard.

Hussain and his brother got long prison sentences: 30 and 39 months, for retaliating in the heat of the moment against a man who was terrorizing their community and had tied up and threatened — in a word, tortured — Hussain’s wife and children.  Walid Salem, he of the torture and 50 priors, got no jail time.  No matter what you think of the Hussain brothers’ actions, it is hard to read the words of their sentencing judge without simply recoiling:

“[I]f persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice take its course, then the rule of law and our system of criminal justice, which are the hallmarks of a civilised society, would collapse.”

Whatever part of walking free after 50 prior crimes and a current crime of such severity does not indicate the collapse of both civilization and the British system of criminal justice, eludes me.

Meanwhile, in Philadelphia:

Just 23 years old, John Gassew has been arrested 44 times, mostly on charges of sticking a gun in people’s faces and robbing them.

But in the eyes of the law, Gassew isn’t an armed robber.

He’s never been convicted.

Gassew has only been sent to jail once, for a drug charge.  So on the books, he looks just like all those imaginary people locked away for no reason other than that they once took a toke of pot.  Remember that the next time some activist starts ranting about the unfairness of our “barbaric” justice system.  It’s unfair, allright:

Despite being called one of the city’s more prolific, and sometimes violent, stickup men by police – they say he bashed a delivery man over the head with a bat, shot at a 13-year-old neighbor, and smashed in the face of a robbery victim – Gassew has been sentenced to jail only once, for a drug charge.

The Northeast Philadelphia man has become so confident in his ability to beat charges, police say, that he openly scoffs at the system. In December 2007, officers arrested him as he ran down a street, leaving behind a car that police said was filled with the loot from 21 robberies he committed in just one weekend.

“It looked like a store in there,” said Detective Bob Kane.

As Kane and Detective Robert Conn of the Northeast Detective Division tell it, when they confronted Gassew with four trash bags of evidence, he leaned back in his chair and told them he’d take his chances in court.

“The bad guys know that if they come in the front door, the back door is usually open,” Conn said.

That back door being the courts, where some bloviating magistrate listens hard to the sound of his own voice as he ushers felons back onto the streets.  It’s the same story everywhere:

A small-time criminal emboldened by a system that fails time and again to put him away graduates to more violent acts and, eventually, a standoff with police.

Gassew has beaten cases in almost every way – including three trials in which he was found not guilty after witnesses changed their story on the stand or were found not credible.

“Twenty-three years old and 44 priors. There’s no excuse for that,” said Philadelphia Police Commissioner Charles H. Ramsey.

“A second chance? OK. A third chance? OK. But how about a 30th? At some point, you have to realize this guy’s a menace to society. You can’t keep cranking him out,” said Ramsey.

After a decade of attempts to crack down on gun crime, the streets of Philadelphia are still awash with armed robbers, and the courts are unable to put them away even when they are caught red-handed.

And why is that?  Because those “decades of attempts” coincided with and were not nearly as powerful as the vast and systematic dismantling of consequences for criminal actions enacted by an unholy cabal of activists, attorneys, academicians, all abetted by cherished public fantasies about our prisons being stuffed full of innocent men, and felons being misunderstood innocents crying out for help.

One of the most effective ways of keeping people out of prison is to de-fund the courts by creating unnecessary, virtually unenforceable sets of hoops to be jumped through in order to achieve a prosecution.  Philadelphia is the poster child for such legal shenanigans, but it’s bad everywhere, and behind every legal loophole, there’s some self-satisfied appellate judge telling his grandchildren how gramps bravely protected the poor and weak — criminals, that is.

That’s how streets ended up “awash” with crime.  Fitting adjective, awash:

Of the 9,850 gunpoint robberies reported in the city in 2006 and 2007, only a quarter were brought to court, according to an Inquirer analysis. In the end, only two in 10 accused armed robbers were found guilty of armed robbery.”There’s a law on the books that enhances the penalty when you commit a crime with a gun. It’s not enforced,” noted [Police Commissioner] Ramsey, referring to the state’s mandatory minimum five-year sentence for brandishing a firearm in the commission of a felony.

I would love to hear an explanation from any judge — or law professor — regarding the state of affairs that exists today, in Atlanta, Philadelphia, every major city, wherein judges and prosecutors simply disregard the laws they are required (you know, by law) to enforce.  I’ve never heard an explanation, nor have I heard one peep about censure of the many judges whose careless abdication of their responsibilities have most recently resulted in horrific subsequent crimes:

A 13-year-old girl who lived next door said Gassew pointed a sawed-off shotgun at her and asked, “Do you all want to die?”, before firing at her. A judge found the story credible enough to allow Gassew to be tried as an adult. But a different judge found him not guilty.

In May 2004, Gassew was charged with clubbing a pizza-delivery man over the head with a baseball bat and stealing about $100. The victim, who spoke only Spanish, identified Gassew at the scene and later in court. But Gassew was found not guilty after a witness changed her story on the stand.

Prosecutors said she was scared. Another neighbor, who also identified Gassew, failed to appear. Even a codefendant in one of Gassew’s robbery cases said he was scared of him.

Police say they had reason to be frightened. His own aunt, Neilene Calloway, took out an emergency restraining order on him in April 2005 after several armed men came looking for him at the house.

It appears that court authorities in Philadelphia were content to wait for Gassew to murder someone before they acted.  We are all responsible for letting such things go on.  We sacrifice victim after victim and do nothing:

Jennifer Mulholland, who was a bartender at Brian’s Sports Bar in Frankford, got a taste of [Gassew’s threat].

Gassew drank there often, she said in an interview, and befriended her.

One night in May 2006, Gassew said good night and left. A short time later, a man wearing a mask burst into the bar with a gun in his hand and demanded that she empty the register.

Mulholland thought it was Gassew. “Quit playing,” she told him.

“It’s not a joke,” the robber replied, pointing the silver gun at her head.

“I knew it was him,” she recalled.

He grabbed her by the neck and told her to open the register.

She gave him the money.

Mulholland, whose father is a police sergeant, said she was prepared to testify.

“I never got a court notice,” she said.

There are millions of Jennifer Mulhollands in this country (and elsewhere), victims whose lives were treated like garbage, and then “the system” decided they had no rights, who could have died and then were told that their right to even be heard in court was irrelevant because the rights of criminals are the only rights that matter at all.

I’m one of those people; my husband is another.  We were both merely lucky to survive.  So were the cops who ended up getting shot at by John Gassew, in the utterly inevitable, thankfully non-fatal, denouement of a decade of criminal negligence on the part of the Philadelphia court system issuing from the end of Gassew’s semiautomatic handgun.

The law comes down hard on decent people, while prolific thugs are literally groomed in-court by irresponsible judges and lawyers to escalate their violence to the tipping point.

At what point do people like us get some answers from those responsible?

The Guilty Project: The First Rape is a Freebie, then Loc Buu Tran Slaughters A Young Woman


Courtwatcher Orlando’s Laura Williams brings attention to the case of Loc Buu Tran:

2006-CF-014820-O In custody since 10/19/06 ~ Trial now scheduled for 11/16/09 with Judge John Adams.  1st Degree Murder. Allegedly stabbed a UCF student to death 10/06 when she tried to break up with him. Also was convicted 8 years ago in Clearwater for rape. Mistrial was declared 8/12/09 after Judge Jenifer Davis realized during the first witness’ testimony that she had worked on the case when in the PD’s office.
Why can’t we seem to get this guy tried?

Good question.  The judge, who rose to the bench after working as a defense attorney, claims that she “didn’t remember” that she had previously represented Tran.  How, exactly, does that happen in an extremely well-publicized murder case of a college student?

Judge Jennifer M. Davis was presiding over the case until she officially disqualified herself this morning on the grounds that she previously had worked in the public defender’s office as an attorney. Davis said she was part of Loc Tran’s defense.

“I’ve had this case for awhile,” Davis said. “It had not occurred to me I had worked in the office that initially represented this case, so legally I have no choice but to disqualify myself.”

Davis apologized to the jury and said she had worked as a supervisor with the attorneys defending the case. She said she didn’t realize until she heard the witness testimony from Nhat-Anh’s sister.

Here’s another question: why did Tran get probation from a judge in Clearwater, Florida in 1998 for the crime of burglary, sexual battery and kidnapping?

Probation for sexual assault.  Pinellas County’s on-line records are sketchy, but it appears that some judge in Clearwater, Florida gave Tran mere probation in December of 1998 for several serious crimes including sexual assault.  Think about that.  Rape a woman, get probation.  “First” offense, a freebie (though it appears it isn’t his first offense — a previous case is listed but there are no extant records).  In other words, nobody bothered to prosecute him that time, so the rape became a second first offense.  That makes the murder a fourth eighth offense.

There is a “sentencing guideline departure” page listed on the County website, but I can’t open that either.  No kidding they departed.

I would love to hear the justification for granting probation for rape.  Especially because Tran went on to take another woman’s life.

From what I can tell, and I’ll check on this after the holiday, after Loc Tran received probation for the 1998 rape, he went on to violate his probation with a fistful of credit card fraud charges which led to his finally being sentenced to prison in 2002.

Rape a woman, walk.  Steal a credit card, and you’re going to the big house, buddy.

But not for very long.  In July, 2002, Tran was sentenced to serve seven concurrent sentences of 3 years, two months each.  Take a good look at the offenses, all telescoped down to one concurrent prison term.  This is how crimes are disappeared by the courts every day, and victims are denied even the semblance of justice.  Or safety.

Current Prison Sentence History:
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
04/27/1998 BURGLARY ASSAULT ANY PERSON 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 SEX BAT/INJURY NOT LIKELY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 KIDNAP;COMM.OR FAC.FELONY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 OBSTRUCT CRIME INVESTIGATION 07/24/2002 PINELLAS 9807111 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D

Then, of course, after letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . well, why break a perfect record of sheer contempt for victims of crime, not to mention the safety of women?  The State of Florida let him go early, after serving only 26 months of a 38 month sentence.

They also apparently trash-canned the rest of his probation, for good measure.  It’s all about prisoner “re-entry,” you know.  Probation’s a drag.  How dare we ask judges to enforce the law when rapists need to be rehabilitated back into society and given job training and that all-important-help getting their voting rights reinstated (Florida Governor Charlie Crist’s weird hobbyhorse)?

As we know now, Tran “re-entered” society with a bang.  A slash, really, stabbing a young woman to death when she tried to break up with him.   Given the court’s repeated bungling of his case this time, you have to wonder if he’ll ever really be off the streets.

Take a good look at his face.

This is a man who knows there are no consequences for the crimes he commits against women.  Expect endless, expensive appeals for him, and more of the same when he walks out of prison a second time.

James Ferrell: A Rap Sheet Too Long to Repeat, Shoots A Cop Now

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DeKalb Officers blog pulled up James Ferrell’s arrest record after Ferrell shot a cop last week, an attempted murder already reduced to an aggravated assault charge.

How is shooting an officer, even if you only hit him in the leg, not attempted murder?  If the sentencing code of Georgia is so incoherent that it is better to charge someone with a lesser crime in order to circumvent the possibility of a shorter sentence, why doesn’t the legislature fix that terrible problem?  Or is it the District Attorney’s office that is being incoherent on the “shooting a cop isn’t attempted murder” thing?  Would Ferrell be charged with attempted murder if he had shot a cop in some other county?

Of course, this latest spree is not Ferrell’s first, or fifth, or even tenth run-in with the law. His first adult arrest, in DeKalb County, at least, came in 1986, 33 days after his 18th birthday, a real efficiency record.  Candles still warm on the plate.  So one must presume a sealed juvenile record.

Fast-forward 23 years. Here is the story, reported in the AJC:

Ferrell was as passenger in a car stopped shortly before noon Thursday. The officer was running a license check when he spotted Ferrell climb out of the car and run . . . The officer chased the passenger and got into a struggle with him. During the struggle the suspect grabbed for the officer’s gun . . . He was unsuccessful but later produced his own gun, which he used to fire at least one shot. A bullet grazed the officer’s knee.  As the officer was recovering, Ferrell carjacked a nearby motorist and drove off in a Ford F-150 . . .

In September, Ferrell skipped out on his parole and had a warrant issued for his arrest, according to the State Board of Pardons and Paroles.  DeKalb court records show Ferrell is also wanted on a warrant for failure to appear in court.  That warrant stems from a 2008 arrest where Ferrell was charged with hit and run, fleeing, obstruction and impersonating an officer, according to records. He was released on bond, but failed to return to court in April.

So last April, Ferrell, while on parole, committed a serious crime, including impersonating an officer.  Even though this violated his parole, some judge let him bond out of jail anyway.  And, of course, he didn’t show up back in court.  Inexplicably, it took until September before the state parole board noticed and issued a warrant for his arrest.  Meanwhile, DeKalb was busy sending him certified letters that he cleverly avoided answering.

Hey, DeKalb County, he’s just not that into you.

What does it take to not be let out on bond? Bear in mind, this is a guy with a twenty-year history of serious, violent crime.  In 1990, he was sentenced to 20 years to serve for multiple armed robberies and aggravated assault.  That was some sentence to get back then — it must have been one heck of a serious aggravated assault.

Serious, like shooting a police officer, which will now also show as only another “aggravated assault” on the new page of his rap sheet, if it doesn’t get pled down, too.

I’m at a loss.

Of course, Ferrell didn’t serve even a third of that 1990 sentence: he was back out on the streets by 1996, and then he was arrested again and returned to prison briefly and released and arrested again, this time for rape, all the while when he could have been cooling his heels in a prison cell.

By 2003, when Atlanta police arrested him for rape, Ferrell had served only nine of the 20 years to which he’d been sentenced in 1990.  And somehow, despite repeated parole violations, nobody bothered to make him finish the sentence.  So what is the point of parole again?

It is not clear what happened with the Fulton County rape charge: it seems to have disappeared.  That would be a nice question to ask someone: what happened to the rape arrest?  It looks like nothing happened.  Why?

And now a cop is shot.  “Grazed,” some say.

Well, thank goodness it wasn’t something serious.  Just another day in our absurdist criminal courts.

Ash Joshi: “But Being a Quisling Apologist for Murderers is my Job”


Another great in-depth story in the Atlanta Journal-Constitution about chaos in the courts.  Note that Metro Atlanta courts other than Fulton County aren’t catch-and-releasing murder defendants like muddy-tasting catfish, like Fulton does.

Volume is no excuse: volume of cases means that judges and prosecutors should be appealing to the public for support and banging down doors at the Georgia General Assembly for more resources, not lowering standards.

Note, too, the line-up of apologists who try to explain away the problem rather than admitting that the D.A.’s office needs more and more-experienced prosecutors, and the Fulton Superior Court desperately needs an intervention.

I’m glad to see Fulton D.A. Paul Howard taking a stand:

“I, like law enforcement officials and 99 percent of the citizens I meet, believe such releases should rarely happen.”

In a statement, Howard said judges are blaming police and prosecutors for their own “seemingly poor judgment.”

Atlanta police Lt. Keith Meadows, head of homicide, was similarly annoyed. “To say we’re presenting weak cases, that’s just disingenuous,” he said.

The homicide unit has a 92 percent conviction rate, Meadows said in an interview Friday.

But if things are so bad that murder defendants are getting released because a hearing isn’t held within the required time-period, doesn’t the prosecutor’s office need more manpower?  Howard said recently that he does not need more prosecutors, but evidence suggests otherwise.  Paul Howard would have a very receptive audience if he went to the people of Atlanta and said: “I need 20 more prosecutors to actually put a dent in violent and property crime.”

Meanwhile, spokespeople for the Fulton County Superior Court seem to be arguing that because some people are acquitted of murder charges, it’s OK to routinely release remorseless predators onto the streets before trial:

Downs’ office pointed out several murder cases since 2007 in which charges were either dismissed, reduced or the defendant was acquitted.

This is an argument for releasing dozens of murder defendants on bond?  Well, heck, since some people are acquitted (no proof of innocence, in many cases), why don’t we just do away with the courts?  Why arrest anyone?

Creepy quisling of the week award, however, must go to Ash Joshi, who continues to believe that it was, as Martha Stewart would say, a “Good Thing” that his client, Antoine Wimes (see here and here), managed to bond out on the undisputed and cold-blooded murder of an innocent African immigrant, a gift of trust that Wimes cashed in by battering a woman into a coma and using an infant as a baseball bat:

Ash Joshi, a former Fulton prosecutor who represents Wimes in the murder case, said at first blush, the number of released murder suspects is “staggering.” But “as you have a greater volume of cases, there will be a number of weak cases. What is frustrating to a prosecutor is you believe a person is guilty but don’t have the evidence. A judge has to act on the evidence.”

Joshi said there were several factors in Wimes achieving bond: “His age, there was not a great deal of evidence and he had good ties to the community.” About 20 relatives attended the hearing. Joshi argued Wimes would not be a threat to the community.

Prosecutor Jack Barrs disagreed. “This was just a person who shot and killed somebody for no reason that’s apparent to the state or anyone else,” Barrs said at a pretrial hearing. “It indicates that there is great concern that he is a danger to the community at large.”

Last week, Joshi was unapologetic, saying he did everything he could to get his client a bond, just as prosecutors fought to oppose it.

“They did their job, and I did mine,” he said.

Hollywood and Grisham-esque fantasies aside, Joshi’s job actually is to act in the best interest of his client.  It’s a measure of how grotesque and degraded the defense bar has become that Joshi cannot conceptualize that “best interest” for a trigger-happy, sociopathic adolescent might be restraining him from taking more innocent lives until a judge manages to squeeze his murder trial in between all the other important things they’re busy doing at the Fulton County Superior Court.

Remember Mark Barton, the day-trader killer who gunned down 22 people, killing nine of them, in Atlanta in 1999?  Clever defense tactics protected him from paying the price for murdering his first wife and mother-in-law in cold blood, and so Barton went on to bludgeon his second wife and two young children in a similar fashion, before ripping nine additional, innocent families apart.

Was that in Mark Barton’s best interest?

Remember when the murder rate dropped through the floor in New York City?  That happened because judges, prosecutors, social service agencies, police, council-people, and the mayor (yes, the loud-mouthed, choleric, cross-dressing, adulterous-yet-oddly-effective Giuliani) teamed up to take responsibility for crime, to stop pointing fingers, and to stop defending the lumbering, crumbling behemoth that was the New York State justice system.

Atlanta can’t hope for a loud-mouthed, choleric, cross-dressing, adulterous-yet-oddly-effective mayor in this election season, I think.  But we can still dream.  Imagine the sea change if the people we entrust to enforce public safety actually stood up together and said: “Yes, the system is broken.  We really need to fix it.”

DNA Could Have Stopped Delmer Smith Before He Killed, But Nobody Cared Enough To Update the Federal Database


This is Delmer Smith, who is responsible for a recent reign of terror on Florida’s Gulf Coast that left women from Venice to Bradenton terrified of violent home invasions, murder and rape:

Delmer Smith gave a DNA sample to the Feds 15 years ago, when he was incarcerated in Michigan on federal bank robbery charges.  And then what did the Feds do?  Well, in fairness, they were super busy not watching Phillip Garrido as he repeatedly raped and impregnated the child he was holding captive in his backyard.

So the feds apparently did nothing with Delmer Smith’s DNA.  Now a slew of women have been raped, and at least one murdered, crimes that could have been easily prevented if the feds had done what they were supposed to do and entered Smith’s DNA into the appropriate database.

But they couldn’t be bothered, just like the states so often can’t be bothered, just like Florida couldn’t be bothered fifteen years ago when they let my rapist walk out of prison to commit more rapes of frail, elderly women because they didn’t bother to link him to other crimes using DNA from kits they were supposed to test, but didn’t.

In precisely the same neighborhoods Delmer just tore through: Sarasota, Venice, North Port.

This time, to be clear, it wasn’t the Florida courts that screwed up: it was federal authorities.  Funny how they all screw up in precisely the same way, though: serial neglect of serial criminals who rape and kill again.  How much do they screw up?  Well, I’m understandably tuned in to this little piece of Florida’s West Coast, but it takes about fifteen minutes on Lexis-Nexus to find similar “mistakes” in every state.  We are letting extremely violent criminals slip through the cracks, and nobody seems outraged about it: nobody seems to be trying to plug the many holes in the system, or even to try to figure out what those holes are.


What to do?  Although police are usually the ones singled out when a serial offender is on the loose, their actions are rarely the reason recidivists are free.  Blame the courts — from lax prosecutors to lenient judges, to the hash the defense bar has made of our criminal justice system.  Also blame parole boards, and legislators and governors who refuse to fund prosecutions and prisons at realistic levels.

Finally, blame the activists who will do anything to get certain offenders out from behind bars, all the while banging the drum that “America is a prison state: we incarcerate too many people for too long. . .” Any cursory review of crime reports, arrests and convictions shows that precisely the opposite is true: we incarcerate too few people, and we let them go too soon.

People still routinely get a few months in jail for molesting a child, or probation for shooting someone.  But how do we make this visible, when prosecutors and judges want to hide their actions, and reporters won’t report on it?

It’s Time for a “Guilty Project”

Failure to Update DNA Database

Delmer Smith: suspected in a dozen home invasions, several rapes, one  or more murders, all thanks to the failure of federal authorities to enter his DNA profile in the CODIS database.  Too bad the F.B.I. sent a profiler down to Florida tell the cops that the killer was probably a male with anger issues, instead of making sure CODIS (which is the FBI’s responsibility) was up to date.  How many other violent offenders have slipped through the cracks in CODIS?  Does anybody know?

Serial Judicial Leniency, Failures to Prosecute, Failures to Enforce Parole, Failure to Correct DNA Deception, Failure to Update DNA Database

Walter E. Ellis, arrested at least a dozen times, including two (or three) attempted murders; convicted of several serious crimes, including attempted murder; repeatedly released early, despite multiple parole violations; received merely three years for nearly killing a woman with a hammer; charges apparently dropped for attacking another women with a screwdriver . . . and Wisconsin authorities didn’t bother to get a DNA sample from Ellis at the time they discovered that the sample supposed to be his had been “donated” by another inmate, a child rapist.  12,000 other convict samples are currently missing from Wisconsin’s list.

Serial Judicial Leniency, Failure to Update DNA Database, Reliance on Inaccurate Profiling(?)

John Floyd Thomas, first convicted of rape in 1957, arrested multiple times, convicted of rape again, released early again, now suspected of killing as many as 30 elderly women, avoided giving a DNA sample when he was required to do so, apparently without any consequences.  True Crime Report is attributing his ability to elude capture to inaccurate profiling indicating a white killer, but I’m not sure about that because there were surviving victims thought to be linked to the serial murders.


Where is the Outrage?

Prior to these belated DNA matches, the only one of these three men who served any substantial time in prison was Smith, and that was for robbing a bank, not assaulting a woman.  Authorities in Milwaukee can’t even figure out what happened to one of Walter Ellis’ previous attempted murder charges for an attack on a woman.

Just trying to kill women still doesn’t count for much, it appears.

The flagrant acts of these men, and of thousands of others — the lack of consequences they experience that enables them to attack multiple female victims — all beg the question: why aren’t serial crimes targeting women counted as hate crimes against women?

Why aren’t the resources of the hate crimes movement — the public outrage, the state and federal money, the well-funded private opposition research, the media attention, the academic and activist imperatives — brought to bear on cases where the people being targeted are women?

The answer is shameful.  Hate crimes leaders and opposition researchers don’t want their movement “distracted” by the the fact that women are far and away the most common category of victims targeted because of their identities.  These activists want to keep the focus on the picture they are painting of America, on race and ethnicity and sexual orientation, so they don’t want their statistics “overwhelmed” by a whole bunch of woman victims.

Consequently, activists who otherwise fight to get certain crimes counted as hate crimes fight even harder to keep any serial crime against women from being counted as hate — as the media laps at their heels, quiescent as a warm gulf tide.

U.S. Attorney General Eric Holder has been a central player in this ugly little deception for more than a decade now, so don’t expect changes anytime soon, especially with journalists’ self-enforced code of silence.

However, to give Holder credit where credit is due, he does advocate expanding the federal DNA database, an unpopular position to take in the current administration.


There is a personal silver lining in the Delmer Smith case. The man who had the temerity and insight to finally put my rapist away for life is the same man who had the temerity and insight to catch Smith before he killed more women.  It was a cognitive leap and real police work, apparently done by linking Smith to the sexual assaults after he got caught in an unrelated crime, a violent bar brawl.  And then locking him up on federal parole violations until a DNA sample could be tracked down.

Thank you, Venice Police Captain Tom McNulty, for taking yet another bastard off the streets.  That’s policing.

Why Police Morale Stays Low: Cop Killer Gregory Lance Henderson was Supposed to be in Prison. Twice Over. And, a Judge Responds.


From the Columbus Ledger-Enquirer:

Gregory Lance Henderson’s adult life is on the record.

Police and court records. . .

The 31-year-old Columbus man is accused of striking with his car and killing James Anderson, a Lee County, Ala., sheriff’s deputy . . . Henderson was sentenced to 15 years and three to serve for a drug conviction in 2007.  If he had served the full three years, he would still be in a Georgia prison today.

Despite an extensive criminal record (16 bookings in Georgia alone, a felony conviction for aggravated assault, drug convictions), Henderson faced no consequences for most of his arrests.  He drew a 24 months to serve/10 years parole sentence for a violent felony in 2006 and yet somehow didn’t serve that time.  His next arrest came five months later — and even though he’d violated parole (if we can call it parole, since he was actually supposed to be in jail), someone let him walk again.  A few arrests later, he was in front of another judge who apparently did not consider the fact that he was still supposed to be in prison for the last offense and had also been arrested additional times since that conviction.

So, 11 months after he was sentenced to ten years, 24 months to serve, he was sentenced anew on other charges and given 15 years, three years to serve.

Why didn’t the judge revoke the parole, send him off for ten years, and then slap on the additional charges?

Of course, Henderson didn’t serve those three years, either.  He was released 15 months later, and now a Sheriff’s deputy over the Alabama border has been murdered.

Thank you, Muscogee County Superior Court.  Thank you, Georgia Pardons and Paroles.  Hope you send flowers:

Randy Robertson, vice president of the local Georgia Fraternal Order of Police chapter and a Columbus law enforcement officer, said this case illustrates the need for tougher mandatory sentencing laws from the Georgia General Assembly.

“The state of Georgia needs to write an apology to the Anderson family because this guy was not where he was supposed to be, which is incarcerated,” Robertson said Saturday.

Georgia’s recidivism laws are too narrow and its mandatory sentencing laws are utterly meaningless.  The recidivism law excludes all but a few crimes, and defendants can still plead out of the ones that count as “strikes.” (This, as I keep saying, is why we have so many people in prison for “just drug charges” that aren’t really just drug charges.) The mandatory sentencing laws create guidelines and then undermine them by allowing judges to suspend part or all of any sentence (then the Parole Board chops off the other end).  What’s mandatory about that?

Did legislators not read these bills before they passed them?  Were defense attorneys still in charge of the House Judiciary Committee when these bills were drafted with little poison pills attached?  Were publicly law-and-order types privately fudging the legislative intent in order to save the state some money?

Why does nobody ask questions like this?


Any road, the consequences remain the same: a police officer dead, his family mourning.

Remember this: when cops are dealing with out-of-control recidivists, every arrest, even for minor crimes, puts their lives in danger.  According to comments in the Columbus Ledger-Enquirer, Henderson has a teardrop-tattoo on his face, universal nomenclature advertising intent of and propensity for unpredictable and extreme violence:

So even when he was just getting popped for traffic offenses, he was announcing to the world that it could end very badly for someone.  And finally, tragically, it did.  Nobody should deign to express surprise.

Here are merely the last four years of Henderson’s journey through  — or, mostly, not through — Georgia courts.  Between the rat tangle of lax prosecution protocols, plea deals, judicial discretion and parole, his feet barely touched the courthouse floor, let alone the jailhouse door:

Oct. 14, 2005: Booked into Muscogee County Jail on aggravated assault and armed robbery charges.

Oct. 6, 2006: Pleaded guilty to aggravated assault charges in Superior Court; Judge Robert Johnston sentenced him to 10 years in prison, 24 months to serve.

March 1, 2007: Booked into Muscogee County Jail on possession of methamphetamine and traffic charges.

April 8, 2007: Booked into Muscogee County Jail on misdemeanor battery charges.

May 3, 2007: Booked into Muscogee County Jail on probation violation and aggravated assault charges.

Sept. 7, 2007: Pleaded guilty to possession of methamphetamine charge in Superior Court. Judge Bobby Peters sentenced him to 15 years, three years to serve.

Oct. 23, 2007: Began prison sentence.

Dec. 29, 2008: Released on parole from Hays State prison by Georgia Department of Corrections.

To revisit the math: while on probation (?) for an aggravated assault for which Henderson is actually supposed to be in prison, he’s busted in March, busted in April, busted in May, pleads to “just drug” charges for the March 1 charge in September and gets out of jail, early, 15 months later.  Then, this:

Sept. 24, 2009: Arrested in Lee County, Ala., on capital murder charges in connection with the death of Sheriff’s deputy James Anderson.

Someone claiming to be Judge Peters responds to criticisms in this comments thread.  Of course, there’s no way to know if it really is the judge, but he says the D.A. didn’t bring charges for the second aggravated assault before him, only a drugs charge.  He also seems to have not looked at Henderson’s prior record, because he apparently did not notice that Henderson was supposed to be in jail when he was in his courtroom.  If any of this is true, it simply means that the courts are in even more disarray, not less, frankly.

Scratch the surface of most “just drugs” cases, and you get someone with an arrest record like Henderson’s.  Judges should know that and want full disclosure of prior records, right?

My name is Judge Peters and I am posting this to correct the article. James Henderson did not come before me for aggravated assault. He was arrested for a possession of residue of meth in a straw when he was stopped for improper tag lights. A plea bargain agreement with the DA and his lawyer was an agreement where he pleaded guilty, gave up his 4th amendment rights, sentenced to 15 years, three in jail and 12 on supervised probation with drug testing and drug treatment.

OK, fine.  Blame the D.A. too.  But why would any judge allow a 15-year sentence for, as he modestly puts it, “residue in a straw” without asking why the D.A. wanted to throw the book?  Why would any judge not wish to ascertain the defendants’ criminal history to consider in sentencing, for that matter?

Why didn’t the judge revoke his parole, or whatever it was Henderson was serving or not serving for the 2006 aggravated assault charge?

Why didn’t the judge also see that Henderson had another outstanding aggravated assault charge, which would qualify him for recidivism status?  I’m willing to believe there are more people responsible than just Judge Peters.  But it is his courtroom, his responsibility.  The buck stops with him, and if all this is the prosecutor’s fault, then the judge has a serious responsibility to do something about such costly lack of communication.  Peters (if it his him) continues:

[Henderson] was paroled by the Pardon and Parole Board prior to his 2010 release date. Deputy [Anderson] was a fine man, all jurisdictions mourn his passing and pray for his family. No one could predict this would happen. the sentence received was a tough sentence for possession of residue of meth. the article was wrong when it listed the crime of aggravated assault as an additional charge at that time. Thank you. — Bobby Peters.

Nobody could predict this would happen?  Well, not if you don’t look at the guy’s record.  Or his face.  The writer claiming to be Judge Peters continues:

[O]nce an individual is sentenced, his fate rests with the Pardon and Parole Board. Victims or family members, DA, may appear before the board or send a letter. I dont contact the board to get a person out or to keep them in. The aggravated assault was a plea bargain in front of another judge in 06. I have asked for a transcript of both cases. The case I heard was a residue meth case where Henderson was on drugs and stopped for no tag light. 15 years with 3 years in prison,12 years on probation, drug treatment, drug testing, random searches, and 12 years to serve if he got in trouble again. No one can ever predict what a defendant will do down the road. This case is really a tragedy for the Anderson family. I dont know why Henderson got out early but the main one to blame is Henderson himself. I, like everyone, am so sorry this happened. Note says no more space. You can call me if you have more questions. — Bobby Peters.

“I have asked for a transcript of both cases”?  Now?  After a cop gets killed?  Why would any judge sentence somebody without knowing their record of violent crime, recidivism, prior leniency shown by the courts, and prior conduct during prior early releases, particularly parole violations?

“No one can ever predict what a defendant will do down the road”?

This one did precisely what he did the last time: got another drug charge, another aggravated assault charge, and then another free pass from another prosecutor, another judge and another pushover at Pardons and Paroles.  No mystery there.


Every police officer in the state should descend on the Georgia General Assembly this year in memory of Officer James Anderson, demanding real sentencing reform and judicial accountability.  This time.

More Lessons from the Milwaukee Serial Killer Case: Victims’ Lives Aren’t Worth Very Much


Failure to Protect:

Following the identification of Milwaukee serial killer Walter E. Ellis, Wisconsin officials are acknowledging that at least 12,000 DNA samples that were supposed to be taken from convicted felons and databased are missing from the state registry.

Add to that the 50,000 felon samples acknowledged missing in Illinois, and the hundreds of thousands of other samples from both felons and victim kits that are routinely discovered “stockpiled” or “shelved” or simply gone missing, and what becomes visible is a systematic abandonment of the rights of victims and protection of the public from crime.

So why is there no outcry?  Why are ten, or thirty, or fifty dead women so easy to leave behind?  Sure, we read these stories with prurient interest.  The term “serial killer” piques imagination and inspires Hollywood stories.  But nobody seems to be able to take the next step, to behaving as if injustice to victims matters as much as injustice to anyone else.

For it isn’t just that Ellis’ DNA sample disappeared.  It’s far worse than that.  Ellis convinced another felon to give a sample for him.  On discovering the duplication of samples in the database, the tech simply threw out the one wrongly attributed to Ellis and left his profile blank.  It sounds as if this happened all the time, but nobody did anything about it.  Ellis was released from prison three months before the faked DNA sample was noticed, and his address was known, but authorities did nothing to obtain an accurate sample.

Even with a serial killer operating in Ellis’ neighborhood, and his own prior record, there apparently wasn’t enough curiosity about his effort to conceal his DNA.

Bodies, Bodies Everywhere:

DNA technology has been used in criminal convictions in the United States since 1987, when the first rape case was won using DNA in Orlando, Florida.  Despite the astonishing promise of this technology, it was years before some states even began testing suspects for DNA, and nearly a decade passed before the FBI managed to convince the first few states to begin sharing samples.  At every step of the way, civil liberties organizations have fought implementation of DNA testing, except, of course, in cases where it might be used to exonerate someone.

Georgia recently passed the threshold of solving 1500 cold cases from their database, though “solving” doesn’t necessarily translate into convicting the offenders.  Who’s got the money for all that?  And Georgia, like every other state, still suffers from perennial backlogs and rape kits that go missing.  Meanwhile, murderers like Brian Nichols get stables of silk-stocking lawyers on the public dime.

Little wonder the bodies keep piling up.  In addition to the seven murder victims now tied to Walter E. Ellis, twenty other similar, unsolved murders are being investigated again.  That’s twenty-seven raped and murdered women in Milwaukee whose killers were never caught.  Why?  Lack of resources.  Too many murderers, and not enough cops:

Nick Sandoval, a detective . . . said the homicide unit was understaffed and detectives were often overwhelmed by the number of killings they were investigating. There were 85 homicides that year.  “We were so short-handed,” he said. “Homicides would come in and we would start on one and we never really got our teeth into them to the point that we could do decent follow-up work. We would come in the next morning and, lo and behold, we would have another one. It was like a vicious circle.”

Here is what the cold case investigators in Milwaukee had to comb through:

They sifted through 500 names in case files, 15,000 sexual assault cases spanning 23 years, 6,000 prostitute-related investigations, and 2,000 arrests in the geographic areas where bodies were discovered over a 15-year period.

As I mentioned in this post, Ellis was arrested multiple times.  It isn’t clear why he wasn’t convicted and sentenced to prison after some of those arrests.  How much precious police time and manpower got wasted because prosecutors and judges didn’t follow through?

A Convicted Rapist Working in a Hospital?

Meanwhile, in Los Angeles, there are so many serial killings and serial rapes being re-investigated now that it takes color-coded charts to sort them out.  Investigators searching for the killer of ten young, black women recently stumbled upon a serial killer responsible for another cluster of crimes: the rapes and rape-murders of dozens of elderly white women in the 1970’s and 1980’s.

Like Walter Ellis, John Floyd Thomas managed to avoid giving police a required DNA sample.  Prior to the advent of DNA, Thomas had twice been convicted of rape, sent to prison, and released.  Later changes in the law required him to submit a sample, but he apparently didn’t comply and was not caught.  He was finally identified by a detective who was trying to solve the young women’s murders by rounding up convicted rapists who had avoided the new DNA law.

One chilling aspect of Thomas is his criminal longevity: his first rape conviction came in 1957, and he is now tied through DNA to a 1986 case.  That’s nearly 30 years — or perhaps longer — of raping and killing women.  Why didn’t he get caught?  Well, he did, of course, once in 1957, and again in 1978, but he was released early, so he could continue doing this:

The “Westside Rapist” became one of the more notorious criminals of the era. Victims ranged in age from the 50s to the 90s. Bella Stumbo, the late Times feature writer, wrote in December 1975 that the “serenity” of the neighborhoods where the victims lived “had been so grotesquely invaded by that elusive maniac the police loosely refer to as the ‘Westside rapist,’ now accused of sexually assaulting at l[e]ast 33 old women and murdering perhaps 10 of them.” She said residents lived in “small colonies of terror.”  The attacks appeared to stop in 1978. That year, a witness took down Thomas’ license plate after he raped a woman in Pasadena. He was convicted and sent to state prison.

Five years later, he was out, and the killings started up again.

Thomas was enabled by his family and by a legal system that made it very difficult to keep him locked away for long.  Others also apparently overlooked his criminal record to give him jobs in social work, a hospital, and a state insurance agency.  It is hard to understand how somebody with a prison record for rape could get a job in social work, or in a hospital, where he had access to vulnerable, elderly, immobilized women — his preferred targets.

Thomas was a work acquaintance of activist Earl Ofari-Hutchinson, who wrote this thoughtful article in the wake of Thomas’ capture.

Released Early and Not Monitored

Meanwhile, investigators are asking why Phillip Garrido, who kidnapped Jaycee Lee Dugard when she was 11 and held her captive as a sex slave for 18 years, was released decades early from a federal conviction for another brutal sex crime.

Decades early.  The federal system, at least, is supposed to be strict when it comes to offenders serving time.  Garrido received a 50-year sentence for an horrific kidnapping and sexual assault in 1976.  11 years later, he was released, apparently in violation of federal sentencing rules:

[Q]uestions intensified Monday over how Phillip Garrido could have served only 11 years in prison after a 1976 rape and kidnapping for which he had been given a 50-year federal sentence as well as a life term in Nevada.

Garrido was convicted of kidnapping in federal court for abducting Katherine Callaway in South Lake Tahoe on a November night nearly 33 years ago and driving her — handcuffed and hogtied — to Reno. He then pleaded guilty to a Nevada state rape charge for assaulting her in a storage unit.

Former Assistant U.S. Atty. Leland Lutfy, who prosecuted the kidnapping case, said Monday that he was “amazed” because, at the time, he believed that defendants convicted of federal crimes were required to serve two-thirds of their sentences — in this case, 33 years. That would have kept him safely away from Dugard, who was snatched from her quiet street in 1991.

“It makes no sense to me,” he said in an interview.

The real question Lutfy and others need to be asking is this: how many more Phillip Garridos are out there?

I wonder why anyone bothers to express surprise that an offender with a life sentence walked out of prison after a few years to commit more violent crimes against women and young girls.  It happens every day.  The U.S. Parole Commission, which was responsible for Garridos’ release, is refusing to answer questions:

A spokesman for the U.S. Parole Commission did not return a call for comment about why Garrido was set free in 1988.

Loyola Law professor Laurie Levenson said that barring an extraordinary situation, “there is no way on a 50-year sentence he should have been out.”

Count me not surprised: parole boards are frequently stacked with pro-offender activists who believe themselves to be above the law.  In trial testimony that should have been reviewed by the federal parole board, Garrido admitted to acting on uncontrollable sexual urges for children as young as seven:

Phillip Garrido admitted that starting in 1968 he hung around schools and pleasured himself while “watching young females.”  “I have done it by the side of schools, grammar schools and high schools, in my own car,” Garrido said in court testimony obtained Tuesday by The Daily News.  Asked how old these girls were, Garrido replied, “From 7 to 10.”

Nevertheless, the parole board decided that he should be released after serving one-fifth of his sentence, and he immediately kidnapped Jayce Lee Dugard.  Three years later, when Jayce was 14, she gave birth to the first of the children with which her rapist impregnated her.  Parole officers apparently didn’t notice that the man they were supposed to be watching had a pregnant prepubescent girl living in a shack in his backyard.

That means the parole officers also did not avail themselves of any records regarding his conviction.  Or something even worse — they knew his history but still viewed Garrido as the real victim of a harsh system.  How could they neglect to check the structures in his backyard, when he was on parole for kidnapping a woman and holding her in a storage unit, and neighbors raised questions about the young females in the storage unit in his backyard?  It belies the imagination, yet the media seems strangely incurious about Garrido’s parole officers.  Why?


This woman, U.C. Berkeley Police Specialist Lisa Campbell, didn’t think Garrido’s behavior was normal when she saw him dragging his “family” around the Berkeley campus.  She started asking questions and ultimately rescued Jayce Lee Dugard and her daughters:

Walter Ellis, John Floyd Thomas, Phillip Garrido: the cops arrest them, and the judges and parole boards let them go.  Not anymore, at least, for these three men.  But how many women and children had to be raped, and killed, in just these three cases, before anybody in the courts could be bothered to respond appropriately, all the times these men could have been put away?

The Real Perception Problem is the Perception of the Courts

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The comments thread in response to this article in the Atlanta Journal Constitution contain a lot more insight than the article itself, which morphed from the purported subject of policing into another attack on the public for caring about crime.*  No surprise there.  While the criminologists try to minimize crime using formulas measuring relative cultural pathology and other number dances, the public hones in on the courts:

It is time that we stop protecting the young criminals – Start publishing names, parents names and city – Might just be that some parents will be so embarrassed that they will take control of these young people – Start publishing names of judges that continually grant bail bonds or m notes for “REPEAT” offenders. — “D.L.”

[T]he court systems are a huge part of the problem…. i am shocked how many repeat offenders of street crimes are released on a “signature bond” …basically they sign their name and promise to come back to court and walk out….below is the legal definition.  “A signature bond, or recognizance bond, is a promissory that is signed by the individual who was arrested in order to be released on bond. Though no monetary transaction takes place when the promissory is signed, a signature bond contends that the arrested individual will pay an agreed upon amount if he fails to appear in court on the given date and time.”” — “Too Many Signature Bonds”

There’s one important part of the equation left out – the court system. Many of these offenders have arrest histories of multiple felonies but are still out on the street. The police can lock people up, but they can’t keep them in jail…how about an expose on the criminal history of these high profile offenders and why they are out on the streets? I’d really be interested in seeing that article. it seems the heat always comes down on the police, but not the courts who let offenders out while they have two or three armed robbery charges. — “Georgia Dawwg”

One major problem is that the Fulton County Courts dead docket over half of the cases that they could prosecute. Also, the judges are too lenient on young offenders. This is destroying our city. — “S.M.”

Most seem to be saying the same thing: the police can only do so much, then the judges and the prosecutors let offenders go free.

Why, for example, has there been no follow-up on the 43 murder defendants walking the streets?

When people start picketing the D.A.’s office and the Fulton County Superior Court to demand full public disclosure of case dispositions and sentencing so they can make informed decisions about electing judges, things will change.

But meanwhile, we’re utterly in the dark, and while the Atlanta Journal Constitution is beginning to respond with more reporting on these issues, for a very long time the newsroom status quo was a sort of mushy empathy for offenders and reflexive anti-incarceration biases, with some color coverage of victims from time to time — while the justice system went quietly to hell.

There’s no other way to put it.  Many scores of people in Atlanta say the same thing — this offender or that offender isn’t being put away — and the newspaper essentially ignores them.  Judges react with petulant anger when challenged.  Academicians cook up wild excuses for criminality.  Journalists point fingers at the public.

The new mantra is “re-entry” and claims that we “don’t do enough to rehabilitate youths.”  Same as the old mantra — we’re “not doing enough for the kids.”  “We’re denying them job opportunities / education / empathy.”

People who say these things are willfully blind to the fact that billions have been spent and will continue to be spent on all sorts of rehabilitation.  The fact that these efforts fail doesn’t mean we aren’t paying for them.  It isn’t lack of effort: it’s the extreme degree to which the underclass is mired in dysfunction — and the ugly fact that many in the establishment are endlessly willing to deny and excuse that behavior, right up until somebody gets killed (and even after that).

Spend some time with a 14-year old kid whose dad and mom doesn’t parent him, whose head is filled with violent and sexualized videos and rap songs and shockingly little else, who goes to school in Atlanta and gets told that he is a victim of the system instead of actually being taught anything useful.  Then try to change that child’s mindset when there are so many forces working to sustain it: the victim culture and some very questionable “educating” in the public schools, the parents who still aren’t parenting, the pop culture violence: it’s too late for that kid if he stays in that environment.  It really is too late, and I don’t say that because I would give up on him; I’m just trying to inject some reality.

The people who go on endlessly about needing to give juveniles more chances are the people who have never gotten involved at all, who blame the police and society but do little other than complain.  People who actually make the commitment to help learn three things very quickly:

  • there are already scores of intervention and rehabilitation and jobs and education programs
  • the programs don’t tackle the real problems, not because we “don’t care enough” but because they wrong-headed
  • kids in the justice system get a “second chance” already: they get serial second chances, no matter what they have done and even as their crimes escalate

I found the following comment especially interesting: “Nich,” whoever she is, from Grant Park, took the time to get involved in a rehabilitation program.  Her experience reflects my own:

The courts are a very big problem, especially with regard to minors. A lot of the offenders are young. Evidently, there is a 12-step program (you get 12 strikes before you are out) that applies to all minors, per Zone 3 DA. So if a 16 year old boy walks into my home, slays my husband and robs us, is that strike 7? Also, I joined a group called “Project Turnaround” as a council member. (volunteer PO, basically.) This was a program to help these participants/offenders get back on track monitored by the DA’s office. Most every offender was recommended by the council members to be exempted from the program/put back in jail, for repeat offenses. Nothing was done. My participant, for example, never went to the classes, continued to sell drugs and was shot in during a drug deal gone bad. Why was he not thrown out of the program and into jail? The DA’s office eventually just walked away from the program, but the kicker…NONE, NADA, 0% of the participants were put into jail. They basically were given “get out of jail free cards!” They are roaming the streets worse off today, because they don’t believe they will ever receive consequences. Sadly, all evidence supports that theory. — Nich

“Most every offender was recommended by the council members to be exempted from the program/put back in jail, for repeat offenses. Nothing was done.”

This person has a story to tell — a shocking, disturbing story about scores of recidivist offenders — given rehabilitation, given help — let out of jail over and over and over by irresponsible judges and prosecutors despite victimizing more people (and ending up, seemingly inevitably, shot).  Why is the AJC retreading the offensive and inane “perception of crime” theme when there are real stories to be reported?  When you can learn more from the comments threads than the article itself, well, maybe the death of journalism isn’t going to hurt all that much.

*Thomas D. Boston’s research on public housing patterns and crime rates, also discussed in the original article, is a different subject.

Some Preliminary Observations About Walter Ellis, the Milwaukee Serial Killer

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The Walter Ellis case is still unfolding, but there are already lessons to be learned.

One of those lessons is that police agencies around the country are on the verge of connecting serial rapists and killers to many unsolved crimes, thanks to DNA and re-opening cold cases.  The picture that is emerging of these men will change what we know about serial offenders.

It will also, hopefully, change some assumptions about what goes on in our justice system.  Many people believe that we are too harsh on offenders, that people deserve one or two or five “second chances,” that rehabilitation works, and that minimum mandatory sentencing and “three-strikes” laws are too harsh.

The Walter Ellises of the world pretty much drive a stake into such preconceptions:

AP — MILWAUKEE — Walter Ellis was anything but unknown in his north side neighborhood in Milwaukee — a mix of condemned and run-down houses with some nicer, newer homes.  Even as the bodies of suspected prostitutes began turning up in garbage bins and abandoned buildings near his home, the stocky Ellis had regular — sometimes violent, often friendly — interaction with neighbors and family, and more than a dozen run-ins with police.

If those run-ins were scrutinized, what would they tell us?  How many times did some judge let him walk?  How many times did a prosecutor decided it wasn’t worth sending him away for a few months?

Ellis was not a stranger to law enforcement, with 15 arrests since 1978.

How many times did he get first-offender status?  Time served?  Community counseling?  Simply no prosecution at all?  Would minimum mandatory laws or three-strikes laws have kept him off the streets?

He’s received probation or fines for burglary . . .

Probation for burglary.  Nice.  The DNA database “hit” lists are littered with rapists whose only prior convictions were for burglary, or drugs.  Sometimes rapists were allowed to plead down to burglary when there was a rape but prosecutors didn’t feel the victim would be believed.  Sometimes these men were caught entering or hiding in a house before they committed a planned sexual assault.  For many decades, burglary was a commonly-known get-out-of-jail-fairly-free card for rapists.

So when a judge gives a burglar probation because “burglary isn’t a serious crime,” he or she may very well be letting a sex offender walk free.  All residential burglars should be required to provide DNA samples.  Too bad that didn’t happen before Walter Ellis murdered this woman, in 2007.  Her murder, and others, could have easily been prevented:

Ouithreaun Stokes

[Ellis has] received probation or fines for . . . delivery of a controlled substance and retail theft. He also has faced charges of soliciting prostitutes, battery, robbery and recklessly endangering safety, all of which were later dismissed. He received a 3-year prison sentence for drug possession in 1981.

When you see a drug possession conviction, think about this: often offenders will agree to plead to drug offenses if other charges are dropped.  Often, the drug charge is the one most easily proved, even though the offender is known to be responsible for other crimes.  So when people claim that we live in a prison state because “X% of offenders are in prison for non-violent drug charges,” realize that a substantial percentage of these people committed other crimes.  They just weren’t prosecuted for them.

It was in 1988 that [Walter Ellis] pleaded no contest to second-degree reckless injury. According to the criminal complaint, he hit his ex-girlfriend in the head several times with a claw hammer, causing her to get 30 staples and more than 22 stitches. The complaint said the woman woke and found him standing over her, smelling of alcohol and accusing her of cheating. She got out of bed, they struggled, and he hit her with the hammer, it said.

It looks like the AP got it wrong: it was 1998, not 1988.  Attempted murder with severe physical injury.  Good thing it was just a domestic, or else he might have gotten life in prison, you know?  Ah, the magic of plea bargaining: attempted murder – domestic violence = second degree reckless injury = five years.

Police have said Ellis’ DNA matches that found on nine women ages 16 to 41 who were killed in a three-square-mile area from 1986 to 2007.

Wow.  Too bad nobody in the courts took that claw-hammer-to-the-brain-thing very seriously.

Here is an excellent blog-post tracing Ellis’ crimes and incarcerations.  The blogger, Kathee Baird, gets the offense dates right, unlike the AP.  She observes:

Online court records show Ellis has been busted at least twelve times for crimes against people as well as property crimes and that he once lived near the area where many of the homicides occurred.  It appears that every time that Ellis was incarcerated the strangulation killings on the north side subsided. Between 1987 and 1994 there were no homicides that fit the North Side Stranglers m.o. . . .

Back to the AP:

Ellis, sentenced to prison, was supposed to have DNA taken before he was released in 2001 under a state law that mandated taking samples from people convicted of a felony.  The state Department of Corrections said it did take the sample, but the state Justice Department said it has no records showing they ever got it. On Wednesday, legislators demanded to know why the DNA sample never made it to crime analysts. If it had, police say, the case might have been solved before the last of the slayings occurred in 2007.

Our justice system is criminally lenient.  We have a pathological contempt for rape victims: we still utterly lack the public will to put rapists away.  What, you say?  This must be an isolated case?

50,000 Felons Released Without Submitting DNA

CHICAGO – About 50,000 felons have been released from Illinois prisons and county probation systems without submitting DNA samples.  Under Illinois law, every felon sentenced on or after Aug. 22, 2002, must provide DNA. The samples are stored in databases that can be used to link suspects to other cases.  A spokeswoman for the Illinois Department of Corrections says nearly 10,000 felons were released from state prisons without providing DNA. And Attorney General Lisa Madigan‘s office estimates county probation departments didn’t get samples from 40,000 additional felons due to delays in implementing the law.  DuPage County State’s Attorney Joseph Birkett helped push for collecting DNA from felons. And he says the failure to get samples from all felons means “serial murderers and rapists have probably remained on the loose.”

Back to Milwaukee:

In 2006, Ellis pleaded guilty in a hit-and-run involving Carolyn S. Prophet, 57, of Milwaukee. Prophet, who is disabled and has problems walking, said Ellis hit her car repeatedly and then swore and threatened her.  “The man is a psycho,” she said. “He kept ramming me.”  Bystanders stepped in when he got out of the car, she said. Ellis told them he was going to call police at a pay phone but never returned. She said the police who investigated the crash told her they knew Ellis from prior run-ins.

And then what happened?  Did anything happen?  Didn’t his other violent crimes lead to a long prison sentence?  Didn’t his 12 crimes against persons matter?  Doesn’t ramming a disabled, elderly person with a car count for anything?

The following comments by Ellis’ neighbor are chilling.  The woman says that Ellis is a good guy and yet that he is unpredictably violent and dangerous.  She doesn’t blame him for any of this, or even for threatening her repeatedly: she blames other people for “not helping him.”  This is what happens when people convince themselves that prior criminal acts should be overlooked, and the courts reflect that belief:

[Ellis’] neighbor[] said that as a child she tried to avoid walking past Ellis’ house — “He would come and just hit you out of nowhere,” she said.  But Jordan said Ellis seemed to have changed when she saw him about a year ago at a birthday party. She described him as pleasant and intelligent. She said she was shocked to hear of his arrest, but wishes someone would have helped Ellis early in his life.  “When I look back at it, all the indicators were there,” she said. “That behavior, the violent nature in him was already embedded.”

Maybe something will be learned this time.  Maybe nothing at all.

The Police Arrest ‘Em and the Prosecutors and Judges Let Them Go

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Really Shocking Story.  See it here, at the blog Dekalb Officers, which includes all the background.

Pleading down, failure to build a murder case (need more prosecutors?), recidivism, and just not putting the b******s away, all in one case.

If this isn’t proof that somebody needs to find out what the hell is going on in the Fulton County D.A.’s Office and the Fulton Superior Court, be careful not to trip over all those bodies on your way out the door.

(Thanks, again, Paul K.)

Not One More: Judge Cut Killer Loose, Then He Used Infant “as a Bat”


Atlanta Fox 5’s Mark Teichner is reporting that it was Fulton Magistrate Judge Karen Smith Woodson who released Antoine Wimes on bond instead of holding him in the 2008 murder of Nigerian immigrant Etus Obi Onyemaechi.  Wimes shot a young mother and either beat or “used her infant as a bat” during a home invasion Monday night.

Atlanta reader Paul Kersey has this to say:

So at least now we know DeKalb wasn’t doing any special favors by letting Sheriff’s Deputy Derrick Yancey out on bail after he allegedly killed two people last year. Fulton County will even let an ordinary street thug out after he allegedly killed someone.

And doesn’t everyone feel safe and happy knowing how well those electronic ankle monitors work? Allowing accused killers like Yancey and Wimes to have at least a 12 hour head start on law enforcement isn’t a problem, right? If that’s how DeKalb and Fulton handle the worst of the worst, then God help us all!

According to Fox 5, both the D.A.’s office and the county’s pretrial services office opposed Judge Woodson’s decision to bond Wimes out.  She did it anyway.  I don’t see how anyone could hear the details of Onyemaechi’s murder and decide that Wimes belonged on the streets.

There was one person who agreed with Woodson’s decision.  “I own this world, like Scarface,” Antoine Weems yelled to reporters when he was taken into custody.  Thank God no officers were killed bringing “Scarface” back to the jail cell he never should have left.  A cop in Tampa wasn’t so lucky last night.


It’s time to send a strong message to Metro Atlanta judges:

Not One More.

Not one more violent offender released before trial.

Not one more armed criminal freed back onto the streets of Atlanta.

Not because he’s 15; not because his mommy says he’s a good boy; not because he’s a college student and you want him to “stay in school”; not because you want to play Lady Bountiful and send him to drug rehab; not because you think he has great potential as a wedding dress designer.

Not one more killer out on the streets because you’re not keeping up with your calendars.  Not one more released because the defense attorney is whining that his client is languishing in a cell.  Not one more pity party for some thug with a ten-page record.  You are turning these children into killers by pandering to them.

No more ignoring sentencing laws that had to be passed in the first place because you were letting murderers and rapists walk with slaps on the wrist.  No more screwing up and giving first-time offender status to some eight-time offender because you refuse to bother making a phone call.  No more hiding behind a dysfunctional Clerk of Court’s office as an excuse.  No more treating victims as if they don’t exist.  No more knee-jerk siding with the defense.

Not One More:

Eugenia Calle

Etus Obi Onyemaechi

Linda Yancey

Marcial Cax-Puluc

Jennifer Ewing

Vernon Forrest

Nikki and Defante Neely

Blog Post from Nigeria on Antoine Wimes’ Earlier Victim


Interesting post on Wimes’ February victim by Mista Jay, a Nigerian-based blogger:

Sunday, February 15, 2009
Whose gun killed him?

Who’s the real killer? Antoine Wimes or Sani Abacha

Imagine being an academic and educator possesing two masters degrees. Imagine being a useful and productive member of society. Imagine having to leave that society in search of greener pastures because said society doesn’t reward true productivity.

Imagine arriving in a strange land where your skin color is already a liability and your foreign accent compunds matters by further separating you from your own kind. Imagine now having to take on part-time menial jobs to survive and care for your wife who is sufffering from kidney related problems.

Now imagine all of this ending in a burst of gunfire because some punk kid decides that your life is the obstacle to him getting a $5 tshirt! WTH?

This is the sad story of Etus Obi Onyemaechi, a 48year old Nigerian living in the US. . .

continue here

Here is the latest on Wimes, from WSB:

Neely’s son was badly beaten during the robbery.

Investigators said Wimes and McCoy may have swung the 1-year-old like a baseball bat.  “It appears as though he was struck with either a very hard object or — as hard as it sounds — he was…his body was actually struck against a hard object,” said Jones.  Wimes was out on bond after being charged in the July 2008 killing of a convenience store clerk.

Here is the original WSB report on the July 2008 murder of Onyemaechi.  Apparently Wimes tried to kill more than one person but ran out of bullets:

Atlanta Store Clerk Gunned Down Over $5 T-Shirt

Gunman Wanted White T-Shirt Size 5X

Atlanta police said a convenience store clerk was shot and killed Sunday morning by a man not demanding money, but an extra large T-shirt. . .  Elliott Glass, an eyewitness, said he was mopping the floor inside the convenience store when a young man entered and told the clerk he wanted a white T-shirt size 5X.

“These guys wear those baggy pants, and big long T-shirts,” said Glass.

Glass said when the clerk turned to give the young man the shirt, the man started shooting, then calmly walked out of the store.

“He shot him like five times, four or five times, at point-blank range for no apparent reason,” said Glass.

The store clerk is identified as Obi E. Onyemaechi, 48, of College Park, according to the Fulton County Medical Examiner’s Office.

“I was afraid he was going to shoot me, but I guess he must have run out of bullets because he was steadily clicking the gun as he walked out the door,” said Glass.

Glass said he called 911, but claimed the operator put him on hold, so he ran out onto Cascade and flagged down the first police officer he saw.

That’s just great.  The operator puts him on hold.  Glass continues, heart-breakingly:

“The guy was my friend you know. He was a good guy. He helped everybody around here. Senseless killing, he killed the man for no reason, you know,” said Glass.

Now we learn Onyemaechi was an educator with two master’s degrees, supporting an ailing wife.  He travels half-way around the world to support his family and some kid kills him for a five-dollar t-shirt.

Does anybody know the name of the judge who let him bond out?

I would add, to Mista Jay, that he can add another picture next to those of Antoine Wimes and Sani Abacha:

It’s the Fulton County Superior Court (Atlanta, Georgia)

Who Let Antoine Wimes Out of Jail???


Beat a one-year old infant.  Shot the baby’s mother.  Endangered a bunch of other innocent people, including neighbors and cops, while being taken into custody.

Fulton County jail authorities said Wimes was out of jail on $250,000 bond for February murder and assault charges. His family said he had cut off his ankle monitor.

Bond for murder?  Why, because he’s a juvenile?

Which metro judge let this sack of dirt out on bond for a February murder?  I hope the media finds out soon.

Leniency Lunacy: Atlanta’s CBS News Tackles Recidivism, Judicial “Discretion,” and Fulton County Prosecutors Going Easy on Repeat Offenders

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Hat tip to Paul Kersey:

Atlanta CBS News Investigative Reporter Joanna Massey dissects the problems in the courts.  This is thoughtful reporting (here is part 2), and hopefully there will be follow-up on points raised by the story, such as:

  • Why is it that county prosecutors do not so much as try to enforce Georgia’s recidivism laws?  The prosecutor in the story tells the reporter that she uses her discretion in every case.  Well, if discretion means someone who has been arrested 69 times and accused of multiple violent crimes gets released back onto the streets again, then maybe discretion needs to be taken out of the hands of the Fulton County D.A.’s office in the form of a real recidivism law for Georgia.
  • Why, for that matter, don’t prosecutors have the mindset of seeking to impose the recidivism law in every possible case?  All victims deserve to be treated equally.  The law should be applied evenly.  Allowing criminals to get away with crimes inevitably tells them — especially impressionable juveniles and the mentally ill — that there will be no consequences for their actions.  Anybody who has lived with a three-year old knows the consequences of that.  The ethical culture of the D.A.’s office needs to change.
  • We’re not doing criminals any favors by letting them get away with — well, escalating patterns of violence until they get sent away for life.  Ricky Love, the offender profiled in the news story, does not appear to have a state prison record.  If that is true, it means that exactly none of his 69 arrests or multiple convictions got him state time — not robbery, not assault.  In other words, somebody in the D.A.’s office, the courts, or both, dropped the ball 69 times in a row.
  • What political motive lies behind Paul Howard continually insisting that his office does not need more resources?  Who is he trying to appease by saying that, when it is so obviously false?  The prosecutor in the news story appears to have been told not to acknowledge that her caseload prevents her from examining every defendant’s full record.  She sure looks caught out when she says:  “You deal with the facts that you have on that day, on that case, and you make a judgment call.”  The city needs more prosecutors, of course, if prosecutors don’t even have the resources to know who they are convicting.
  • Why did Judge Craig Schwall agree to release this offender?  He can pass the ball to the prosecutors, but he has discretion, too.  Every time I watch a judge suddenly getting tough on an offender, it reminds me of all the times they didn’t do it when nobody was watching.  There needs to be new standards for judging judges at election time, something a little more judgmental than “check incumbent box.”
  • And that will require information.  Data.  A new transparency at the Fulton County Clerk of Court’s office.  Why has nobody filed impeachment papers on Fulton Clerk Cathelene Robinson?  She is standing in the way of the residents of Atlanta gaining access to the records of criminal convictions, pleas, and non-prosecutions, records they will need to see in order to understand what is happening in the courts.  How to reform the dysfunctional Fulton Clerk of Court’s office?  The state body overseeing them is the Georgia Superior Court Clerk’s Cooperative Authority (GSCCCA).  More on this later…
  • Atlanta could easily take a page from Houston County, located in the center of the state.  The Houston County District Attorney provides immediate web access to all case events and sentencing outcomes, so people there can see precisely what the DA’s office is doing at every phase of a prosecution.  What would it cost to post these records in Fulton?  They must be databasing them internally, right?  People have a right to know what their prosecutor’s office is doing.
  • The Court Watch volunteers are heroes.  The Court Watch program in Atlanta needs to grow.  And while Paul Howard deserves a lot of credit for creating a court-watching program in conjunction with his office, I hope the Atlanta Court Watchers will also branch out and grow into an independent organization.  It is important to witness those cases where the nobody invites you to watch, too.

Murder by Anti-Incerceration Activism

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From a City Journal article by Heather Mac Donald.  How the murder of 17-year old Lily Burk could have been prevented:

The recent arrest of a vicious murderer in Los Angeles vindicates—tragically, only after-the-fact—several policing and sentencing policies that anti-law-enforcement advocates have fought for years. . .

On July 24 at around 3 pm., 17-year-old Lily Burk was walking down a midtown Los Angeles street on an errand for her mother. A 50-year-old homeless parolee with a three-decade-long rap sheet confronted the high school senior as she approached her Volvo. . .

At 4.52 pm, Samuel pulled the Volvo into a Skid Row parking lot at Alameda and 5th Street and abandoned it. Burk had already been murdered, her head beaten and throat slashed open with a broken bottle; her body was left in her car. . .

Samuel then walked nearly a mile through Skid Row, drinking beer from a paper bag in violation of L.A.’s open container law. Two LAPD officers on horseback stopped him for the public-drinking offense and questioned him. He told them that he was on parole and agreed to be searched, according to the police. They found a crack pipe in his pocket and arrested him. The post-arrest search of Samuel turned up a Volvo key and a cell phone. The next morning, a worker from a Skid Row business discovered Burk’s car with her body in it. Samuel’s prints were in the car; his clothes had blood on them.

Samuel’s apprehension shows the enormous power of broken-windows policing, which the American Civil Liberties Union has fought against on L.A.’s Skid Row and throughout the country.. . . When officers question people in high-crime areas for misdemeanor offenses, they regularly find warrant absconders and parole violators. In 1996, a New York police officer nabbed a young man jumping a subway turnstile, a crime that a decade earlier had been regarded as simply an inevitable response to poverty and too trivial for the police to worry about. The turnstile-jumper, John Royster, turned out to be wanted for an ongoing campaign of terror against women in New York that included murder, rape, and a nearly lethal beating; had he not been picked up for the subway offense, he undoubtedly would have gone on to assault more women.

Of course, the effectiveness of broken-windows policing in capturing Charles Samuel is only half of the story.  The other half is the story of how anti-incarceration activists, and their allies in the judiciary, kept Samuel out of prison in the first place, despite his brutal, violent, recidivist record of crime:

California’s “three strikes and you’re out” law is the most reviled sentencing policy in the country—reviled, that is, by the anti-incarceration lobby. It allows prosecutors to seek a sentence of 25 years to life against an offender who has already served time for two violent or serious felonies when he is convicted of a third felony.

Anti-law-enforcement advocates fancifully charge that the law’s main effect is to send away hapless sad sacks whose only misstep was to succumb to the urge for a pizza when they didn’t have enough change in their pockets to buy a slice. These advocates regularly lobby Sacramento to loosen or repeal the law.

Mac Donald is right: the only time the media writes about three-strikes, it is to push a questionable sob story.  There is no discussion of these laws when they are used to finally get a violent recidivist off the streets.  The media will bang the drums when some offender with a long rap sheet finally kills someone.  But then they go back to playing amnesiac and reflexively opposing the laws that could have prevented the crime in the first place.

In Atlanta, for example, it appears that everybody has forgotten about the various sentencing and judgment errors that ended in Eugenia Calle’s murder.  Apparently, there will be no professional consequences for the judge and prosecutor who let Shamal Thompson walk as a “first offender” (for the third time), rather than enforcing Georgia’s minimum mandatory law, as they were required to do by law.  Are we all just going to collectively forget what happened, until the next time the next recidivist captures our attention by killing someone?  No consequences for offenders and no consequences for the prosecutors and judges who fail to do their jobs and put them away: a perfect circle.  No wonder judges so frequently identify with offenders, and not with the rest of us.

Heather Mac Donald:

Samuel was a good candidate for a third-strike sentence, thanks to an earlier attack that foreshadowed Burk’s murder. In 1986, he walked up to an elderly man sitting on his porch in San Bernardino (in the so-called Inland Empire east of Los Angeles), grabbed the man’s cane and beat him with it, then forced him inside his home and demanded money. When the old man could only come up with ten dollars, Samuel commandeered the man’s car and drove the owner to an ATM. The terrified senior citizen was unable to withdraw any money, however, whereupon Samuel struck him with his cane again, punched him in the stomach, and threatened to kill him if he called the police, according to the Los Angeles Times.  Samuel pled guilty in 1987 to robbery, residential burglary, and car theft and was sentenced to six years. He became eligible for a three-strikes sentence in 1997, following a conviction for another San Bernardino burglary (the 1986 robbery and burglary charges counted as his first two felonies). But his rap sheet failed to note that the 1986 burglary was a residential burglary, as opposed to a non-residential break-in. Only residential burglaries count as “serious” felonies for three-strikes purposes; breaking into a store, office building, or commercial space is regarded as “non-serious” and can be repeated indefinitely without triggering a three-strike step-up in sentencing. (So much for the idea that the three-strikes law is blindly draconian; in fact, it makes careful—perhaps overly careful—distinctions between felonies.)

To make a long story short (I am quoting too much already: read the article, it’s good), Samuel managed to avoid three-strikes in 1997 because somebody did not accurately record his prior record, and no prosecutor caught the error (sound familiar?), and he avoided three-strikes again in 2006 because another prosecutor, bowing to anti-incarceration activism, did not request the sentence (sound familiar?).  Over the years, he got other breaks as well and was most recently sentenced to a “community drug treatment program” despite the routine insistence that violent offenders are not permitted to take advantage of such options.   Now a 17-year old girl is dead, brutally murdered.  How many other people did he get away with killing?

Much misinformation about three-strikes laws circulates in the media:

  • When activists say three-strikes laws offer no room for the get-out-of-jail card that is judicial (in)discretion, don’t believe them.  Even California, with by far the strictest three-strikes law in the country, still allows judges and prosecutors discretion to release violent, repeat offenders to the streets.  Georgia’s law is utterly toothless, with judicial discretion over-ruling virtually any consequences for crime by allowing judges to suspend all time to be served at the times of sentencing.
  • When district attorneys tell you they don’t need addition resources, they are playing politics with your safety.  Nobody seriously believes that any district attorney’s office has the resources to actually enforce the law.  The law has not really been enforced in this country for decades.  Every district attorney’s office is so short-staffed, in comparison to the real quantity of crime, that virtually every offense gets brief consideration by some harried prosecutor and then a generous plea deal.  Criminals know this and act accordingly.  Until that changes, no district attorney should go around claiming that he doesn’t need resources.  Paul Howard.
  • It is 2009.  Even I have learned to use computers, and I am a recalcitrant luddite.  The average computer tech could design a system during his lunch break that would record and database all prosecution, sentencing and incarceration outcomes.  By suppertime, the data could be available to the public on the internet.

However, if people really knew what was happening in the criminal courts, a lot of heads would roll.  Judges and prosecutors would find themselves answering for the leniency so ingrained at every level of the system that it seems natural — so long as you don’t look too hard, and it is not your daughter they are burying this week.

The Tech Crime Wave. What Can Be Done. What Can’t Be Done.


What can be done about crime in the neighborhoods around Georgia Tech?  As reported by the AJC, the youths who have been arrested — and the ones who are yet to be caught — are perhaps the most dangerous type of criminal: immature and armed.  As James Fetig, an administrator at Georgia Tech, observed:

“[o]ne concern is the age of the criminals. Police tell us they are between 16 and 19,” Fetig said. “This is not a time when young men tend to consider consequences. We are very concerned that one of these robberies could go terribly wrong and have terrible consequences.”

Here is another concern: young men charged with gun crimes often walk out of courtrooms in Atlanta with little or no punishment — merely emboldened to commit more crime.  How often does this happen?  Nobody will say.  The DA’s office does not release such statistics.  The AJC has done nothing to produce such numbers.  The Fulton County Justices will not tell us.  The Clerk of Court?  Ha.

It is amazing that something so clearly in the public interest as the disposition and sentencing in criminal cases is secreted away from public scrutiny.  Yet, there it is.  And that is a major reason why people in Home Park and elsewhere throughout Atlanta will continue to live as prisoners in their own homes.

When you look at instances where prosecution and sentencing statistics have been released, it is easy to see why judges (and, sometimes, prosecutors) don’t wish for the public to know how they are spending their time.  In Orlando, Florida, which has an active court-watching culture, the Orlando Sentinel conducted this shocking study of sentences handed down for gun crimes:

The state’s 10-20-Life law — passed by state legislators and signed by then-Gov. Jeb Bush in 1999 — promised crime-weary voters that armed criminals would face long, no-bargain prison terms. Florida quickly spent $500,000 on newspaper, radio and TV ads spreading the message: “Pull a gun: 10 years. Fire a gun: 20 years. Shoot someone: 25 years to life.” . . .

[B]ut few suspects in Orange County get such tough mandatory penalties even as the campaign to end gun violence enters its 10th year, the Orlando Sentinel has found.

Only 5 percent of 7,437 suspects arrested in Orange County on gun charges from 2003 through 2007 received mandatory sentences, court and prison records show.

The record is even worse for suspects arrested with an AK-47 or other assault weapons, those military-style rifles that police officials say warrant the most serious punishment when misused. Just less than 2 percent of such cases in Orange County produced mandatory terms.

Do not believe that Atlanta is any different.  It may be worse.  It is the rule, not the exception, that offenders get a free pass on their first adult conviction.  It is the rule, not the exception, that most cases get pled down, usually a process involving prosecutors agreeing to redefine the charge to avoid minimum mandatory laws.  In Orlando:

Records show a third of all gun cases in Orange County were dropped by prosecutors who screen incoming cases. Additional cases were dismissed, bargained down or acquitted — casualties of evidence problems and the need to keep nearly 80,000 cases moving through justice system every year.

The vast majority of suspects receive very little punishment.

And when a defendant caught with a gun does not get charged, he may still qualify, the next time, for judges’ absurd passion for letting all “first time offenders” walk free.  Wouldn’t it be interesting to find out exactly how many times the Georgia Tech area defendants have been arrested and released, or allowed to plead down, as in the following?

What happened to Daryl Barndo Ford demonstrates why tough sentences are rare.

Four years ago, the 22-year-old was arrested in Orlando when drug agents seized a fully automatic assault rifle, a pistol and 16 grams of crack cocaine.

Because Ford was a felon with six prior arrests, state and federal laws prohibited him from having any type of firearm. When caught hiding under his mother’s bed, Ford had eluded three arrest warrants for weeks by sleeping in local motels rather than the family’s Clear Lake home.

The AR-15 rifle found in Ford’s locked bedroom had been converted illegally to fire automatically like a machine gun, according to police reports. Two ammunition magazines were taped together so the weapon could be reloaded instantly after firing a 20- or 30-shot burst.

As part of 10-20-Life, Ford faced a minimum three-year sentence if the office of Orange-Osceola State Attorney Lawson Lamar successfully prosecuted him as a felon with a firearm.

Problems arose when police did not want to disclose the identity of an informant who led them to Ford. And Ford’s mother would not say whether Ford had exclusive access to the locked bedroom. So prosecutors cut a deal.

Dropped were felony charges of dealing crack, possessing a machine gun, possessing a gun with altered serial numbers — a common sign of a stolen weapon — and possession of a firearm by a convicted felon.

Ford pleaded guilty to possession of drug paraphernalia, a misdemeanor.

His punishment: 23 days in jail.

Since then, Ford has been arrested six more times on drug and gun charges. His longest sentence to date: six months in county jail.

Ford has now accumulated a dozen known arrests for drug and gun charges.  He is a repeat felon.  And judges and prosecutors in Florida still have not obeyed state laws requiring them to sentence him to at least three, if not ten years behind bars.

How do people like Ford continue to walk?  Why do judges get away with ignoring the will of the people, who have decided, legislatively, that certain crimes require mandatory minimum sentences?  Usually, it appears, prosecutors simply do not try to put offenders away for the minimum time because they are overwhelmed by cases.  Pleas must be negotiated in nearly all cases if prosecutors are going to have the time to prosecute anyone.  Why is the system like this in the first place?  Because, contrary to what the mayor and academicians and newspapers will tell you, we have lots of crime and lots of criminals.

We also release criminals back to the streets every day because the criminal bar has succeeded in twisting the system until it simply does not resemble a rational search for the truth.  The ridiculous latitude in suppressing evidence, for example, efficiently and speedily re-delivers criminals to the streets,  No other country has a system so hell-bent on excluding evidence from scrutiny.

And so, Daryl Ford loose on the streets with his dozen convictions is what we get.  We get streets saturated with criminal activity, so much so that authorities are forced to simply throw up their hands and say: We know they’re guilty, but we have to let them go.  We know they will eventually kill innocent people, but we don’t have the resources to even begin enforcing our own laws as they are written.

And still, the Pew Foundation and the editorialists and many criminologists keep telling us that the problem is too much incarceration, too harsh sentencing.  These claims do not even begin to stand up to real evidence, of course:

Light sentences are no rarity in assault-weapons cases. In the 243 cases analyzed by the [Orlando] Sentinel that went to court, prosecutors won 112 convictions, but just seven suspects received the 10-20-Life penalties. In 43 cases, the state dropped the gun-related charges in return for pleas to lesser crimes, such as possession of drug paraphernalia.

Of those convicted, 83 served less than a year in jail. The median sentence was six months. . .

All charges were dropped in 40 percent of the 243 cases. Reasons for those 97 dismissals included insufficient evidence and problems with victims and witnesses.

The remaining 34 cases include defendants still awaiting trial, fugitives and seven defendants tried in U.S. District Court under federal law. Two of the federal suspects were acquitted over an invalid search warrant. The other five received sentences of five to 17 1/2 years.

Out of 243 cases of gun crime in Orlando in 2008 involving assault-weapons, only seven defendants received the minimum penalty required by law.  This is not the type of fact you will find in the highly influential Pew Center report urging lawmakers to cut back on incarcerating convicts — because we’re just too harsh on the poor guys.  It is not the type of fact you will find in most newspaper articles purporting to examine the criminal justice system.

It is the type of fact you should think about the next time you are staying late at the library and need to figure out how to safely make your way home.  And it is definitely what students should think about after they matriculate and leave the dangerous parts of town behind, because there are still children living in those places, without a way out.

What can Georgia Tech students and all the other beleaguered residents of Home Park do to make their streets safer, not just temporarily, or for this semester?  They should go to court.  They should go watch a day or a few days of processing violent criminals, and tell other people what they saw there.  They should take that Orlando Sentinel article and try to replicate that research in their own city — or pressure the newspaper to do so (newspapers being in the business of trying to get readers to read them these days), because catching gun-wielding criminals is only the first part of keeping them off the streets.

We don’t even know how bad it is in the courts.  We don’t know what we don’t know, and there is little excuse for not knowing it in a metro area with hundreds of thousands of undergraduates, thousands of professors, three law schools, and millions of residents.