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.” ... 

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Murder by Leniency? Another Reason We Need To Stop Treating Domestic Violence Like Domestic Violence

There once was a time when feminist activists tried to make the courts respond to domestic violence the way they respond to violence between strangers.  This was a very good impulse, both morally and rationally, and also in terms of making our justice system operate equitably (in the “equal,” not “social justice” sense of the term “equitable”).

You shouldn’t serve less time for stabbing someone just because she is your wife or was once your wife.  Or your husband. ... 

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War on Cops: “Occupy” Edition

All around the country, the media is working overtime to avoid reporting incidents of ‘police brutality’ at Occupy protests– brutality against police, that is — along with other not-so-peaceful-and-pretty behavior perpetrated by the “Occupy” activists.

For example, in Atlanta, the major news stations, the daily paper, and the weekly rag managed to collectively not notice when protestors blocked the entrance to a hospital emergency room in a coordinated attempt to storm the hospital.  Nope, not one member of the fourth estate bothered to rouse themselves from end-of-week brewskies at the local reporter’s watering hole to wander a few city blocks to the near-riot that blocked a fire truck and ambulance from reaching the emergency room doors. ... 

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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. ... 

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Michael Harvey, “Mr. X,” Guilty of Murder. Now, Where Was He From 2005 – 2008? 1999 – 2003? 1985 – 1998?

Michael Harvey is now the third man found guilty of one or more murders of prostitutes and other women in southeast Atlanta in the early 1990’s.  As I wrote last week (see here and here), the state missed at least two earlier chances to link Harvey to that crime and get him off the streets: once in 2003, when they were supposed to have taken DNA from him before he left prison for another sex crime, and again in 2005, when they (apparently) got around to testing his DNA and linked it to the murder of Valerie Payton — but then failed to charge him for three more years.

OK folks, the trial is over.  When is somebody going to ask the GBI, and Fulton County D.A. Paul Howard, why it is that the rape kit of a women murdered by a probable serial killer, and a DNA sample they could have obtained as early as 1996? ... 

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No Answers Yet in Mr. X Case. Lots of Questions.

The print news coverage of the Michael Harvey trial continues to skirt important questions:

  • Why did the Fulton County (Atlanta) D.A.’s office fail to act for at least three years once DNA evidence linked Harvey to the brutal 1994 murder of Valerie Payton? According to news reports, they identified Harvey’s DNA in 2005 and arrested him in 2008.
  • And why didn’t the G.B.I. make the link between the Harvey’s DNA and Valerie Payton’s rape kit back in 2002 or 2003, at the latest, when they were supposed to have entered his sample into the state database for which they’re responsible?

Meanwhile the AJC’s coverage is even more confusing today than it was a few days ago: ... 

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Mr. X: Did the State of Georgia Let a Serial Killer Go?

Some mornings, it’s pitifully easy to find something to write about.

Like, this morning.  Back in the early 1990’s, a serial killer was stalking women in the Reynoldstown neighborhood in Atlanta.  Reynoldstown was, in all senses of the term, crack-infested.  There were a lot of drug-related deaths.  There were a lot of prostitutes: the two go hand in hand.  Men from all over metro Atlanta would drive there to get an extremely cheap woman, or girl.  Or boy, I imagine.  This was precisely the same area where little boys were disappearing during the Atlanta Child Murders in the 1980’s.  It wasn’t a very long walk to some of the body dump sites. ... 

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Criminal Appeals: Why Was Serial Rapist Ali Reza Nejad Out on Bond?

The good news: U.S. Marshals in Houston caught violent serial rapist Ali Reza Nejad after he slipped off his ankle monitor and fled Georgia upon hearing that the Georgia Supreme Court unanimously reaffirmed his conviction and 35-year sentence last week.

Nejad, Before and After Dye Job ... 

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The Guilty Project, Wayne Williams: Still Guilty. And the Role of Child Prostitution in his Murders.

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To name all defendants Innocent Until Proven Guilty is a beloved tradition, and an ethical one, at least so long as the pontificating guardians of the reputations and feelings of criminals are willing to let it go once their clients have, in fact, been proven guilty.

Yet this is almost never the case.  Defense attorneys express a touching faith in the wisdom of the public and juries . . . until precisely the moment a guilty verdict is reached.  Then, like lovers scorned, they denounce everything about their former paramours: their intelligence, their morals, their identities, their actions, their collective and individual races.  All are fodder for the endless second act of criminal justice: the post-conviction appeal. ... 

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Georgia’s Sex Offender Registry Works. Why Don’t Newspapers Report That?

A convicted child rapist is suing the state of Georgia to keep his name off the sex offender registry.  I wonder who’s paying his legal fees for this foolishness?  Jim Phillip Hollie was actually convicted of three separate sex offenses in Gwinnett County: one count of child molestation (5 yrs.), one count of aggravated sexual battery (10yrs.), and one count of aggravated child molestation (10yrs.).

He’s already being given the concurrent-sentencing free-pass: his 25-year sentence is already reduced to 15 to serve, ten on probation.  But apparently that’s not lenient enough: he wants more leniency.  Hollie is claiming that being placed on a registry is like extending his “sentence” beyond the maximum allowable 30 years. ... 

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Do Jobs Programs Cause Crime?

With something approaching fifty years of economic and crime statistics consistently disproving any correlation between recessions and crime, not to mention the last 12 months of terrible economic news coupled with still-dropping crime rates, you’d think journalists might finally start questioning their knee-jerk pronouncements about “lack of opportunity” being the primary motivation for unlawful behavior.

But they won’t.  Journalists simply can’t, I think, let go of the idea that young people (males, mostly) commit crime primarily because they are being unjustly deprived of economic opportunity.  To let that idea go would result in nothing less than the catastrophic collapse of a myth on which rests perhaps a fifth or more of the emotional underpinnings of the fourth estate.   It would require shifting culpability for criminal behavior from society at large, where journalists and policymakers are comfortable placing it, onto individuals who commit crimes (and in many cases their families and immediate communities, but no farther). ... 

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East Coast Rapist, DeKalb County Rapist: Serial Rapists and DNA. It Works. If You Bother to Use It.

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(Hat tip to Pat)

In 2007, I stood by the mailbox of the house I once briefly rented in Sarasota, Florida, contemplating the short distance between my house and the house where my rapist grew up, less than a mile, and a strikingly direct path over a well-worn shortcut across the train tracks. ... 

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

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. ... 

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Martez McKibben, Young Working Man Murdered in Another Robbery Turned Violent

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    Martez McKibben
I received the following notice from several people in Atlanta:

    21-year-old Kavader [Martez] McKibben was murdered Friday night while working at the Moreland Package store.  He was killed while two men committed an armed robbery – they shot him even though he’d already given them the money they asked for.  It all sounds too similar to the way John Henderson was murdered not even one year ago.McKibben  was known by many in our community and has been described as the guy who was  never in a bad mood and was always nice to everyone; was a pleasure to talk – had a good heart and a warm smile. ... 

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The Possibilities of Realpolitick: Now That Kasim Reed or Mary Norwood Have Won the Atlanta Mayoral Election, What Will They Do?

Regardless of who wins, they will have to address the betrayal of the public that marked Shirley Franklin and Richard Pennington’s last years.

Choosing a new police chief will be part of that.  But there are deeper problems.  Most, if not all of the people pictured below would be alive today if not for the radical leniency shown to repeat offenders in Atlanta’s courts. ... 

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Turkey Seeking New Gravy Train, or Misunderstood Geek?

“People may not like his style” begins the Atlanta Journal Constitution’s denouement of the Chief Pennington years.

As if the crime-weary public has been complaining all along about the cut of Chief Pennington’s jib, not the fact that he poo-poohed the rising crime wave, turned on his own officers, and stopped doing his job. ... 

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Pre-Holiday Mop-Up: Marvin Arrington and Georgia Juvenile Justice Take Me To School

I wrote this a few weeks back and never posted it: I was waiting for a confirmation of some details.  In December, Crime Victims Media Report will be re-launching with more emphasis on The Guilty Project, an effort to document the ways prolific and violent offenders avoid justice.

I have been hearing recently from crime victims, their families, and other people who personally knew offenders before they were caught: their stories are compelling, and they have a lot to say about the justice system that needs to be heard by wider audiences.  ... 

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Courts in Crisis? Thank a Defense Attorney.

So suddenly the Fulton County Courts cannot function, thanks to a huge planned budget cut.  But how were they functioning before, with violent felons and repeat offenders getting a free stroll out the door for a variety of reasons?  This is a scene playing out across the country:

Georgia’s biggest court system warned Wednesday that a 2010 Fulton County proposal that cuts $53 million from the judicial budget could force them to shut down the courthouse, jeopardize death penalty cases and slash as many as 1,000 jobs. ... 

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Richard Elliot Reports on Catch and Release in Atlanta: Who Needs a Plea Bargain When The Police Aren’t Even Allowed to Detain Youths For Breaking into Your House?

What happens when you strip away consequences for holding a gun to somebody’s head, or kicking in somebody’s back door?  What happens when you tell a 16-year old that the worst thing that will happen to him if he commits a serious crime is a few months behind bars, hardly a threat to a child who views incarceration as a sign of street cred?  And what happens when you prevent police from even detaining the kids who just broke into your neighbor’s house?

This is what happens to the offender: ... 

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Contretempestuousness or Tempestucontretemps in Marvin Arrington’s Courtroom

Pardon the brief hiatus from journalistic ethics week, which I’ll just roll over into journalist ethics fortnight, Jane Austen style.

Everybody was behaving so ethically out there, I just lost steam.  Nobody ran headlines falsely accusing the families of the D.C. sniper victims of being “vengeful” for saying things like: “It helped to see the completion.  It helped to a degree,” upon witnessing John Muhammad’s execution.  Nobody made utterly false allegations of prosecutorial malfeasance, claiming, “[t]here are several documented cases where DNA testing showed that innocent people were put to death by the government,” then refused to correct the record when it was brought to his attention that there are actually no documented cases where DNA testing showed that innocent people were put to death by the government (and that’s according to death penalty opponents). ... 

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

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? ... 

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