Michelle & Barack & Bernardine & Bill: The Real Story of the Obamas and the Terrorist Couple

Welcome back to tinatrent.com! After a years-long hiatus, I am finally ready to start blogging again. I’d like to thank people who took the time to write and ask me where I’ve been. The good news is I re-built a tear-down house in the North Georgia Mountains and tried to start a tomato farm — and will be trying again to start a tomato farm, hopefully without the weeks of 90+ temperatures, poison oak wrestling, verticillium wilt, horrible hornworms, and the dreaded chickweed.

Speaking of terrorists who keep coming back, my first offering isn’t a blog post but a very long piece about the truth about the relationship between Barack and Michelle Obama and Weather Underground terrorists Bill Ayers and Bernardine Dohrn. ... 

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Will Privatizing Child Protection Protect Georgia’s Children? Yes and No.

uKnnT.Em.56

As Georgia prepares to follow in Florida’s footsteps in privatizing child protection services, there has been a lot of politicking but little talk about the real issues that lead to failures to protect children “in the system.”  Privatization in Florida has been a very mixed bag, with some counties improving their performance and other counties mired in scandals involving the private non-profit agencies hired to protect children.  It’s reasonable to expect that Georgia will fare a little better, but don’t expect the failure rate to drop — or rise — significantly.

The failures lie in policies enforced by the courts, and nobody is talking about reforming those policies.

Like Florida, Georgia plans to eventually privatize the services that come after an investigation has determined a child is in danger, namely: foster care, family “reunification” interventions, and adoption.  State workers will continue to be responsible for investigating abuse, and courts will still be responsible for deciding if a child should be removed from a home, returned to a home, or adopted.

Private agencies do a great job with adoption, and some of them do a better job than the state in supervising foster care.  Much of this care is already done through public-private partnerships in Georgia.  But in all the politicized talk about private versus public, little has been said about the real  problem with our child protection services.

The problem is the mandate to keep families together or achieve “reunification” as soon as possible.

Approximately a decade ago, many states began to move towards a model of keeping families together, no matter the cost.  Florida went further than Georgia, though it wasn’t an issue tied to privatization because that part of child protection is still performed by state agencies.

And now Florida is counting the bodies.

In an extraordinary report, the Miami Herald investigated the deaths of 477 children who  had prior contacts with child protection services.  477 — since just 2008.  The Herald makes a strong case for blaming the mandate for “family preservation” for many of those deaths:

They tumbled into canals and drowned, baked in furnace-like cars, were soaked in corrosive chemicals, incinerated, beaten mercilessly, and bounced off walls and concrete pavement. One was jammed into a cooler posthumously; others were wrapped like a mummy to silence their cries, flattened by a truck, overdosed and starved. An infant boy was flung from a moving car on an interstate. A 2-year-old girl was killed by her mom’s pet python.

The children were not just casualties of bad parenting, but of a deliberate shift in Florida child welfare policy. DCF leaders made a decision, nearly 10 years ago, to reduce by as much as half the number of children taken into state care, adopting a philosophy known as family preservation. They also, simultaneously, slashed services, monitoring and protections for the increased number of children left with their violent, neglectful, mentally ill or drug-addicted parents.

Public or private, the child protection system is dealing with multigenerational problems that are far more severe than most people realize.  It’s easy to criticize government social workers, or to lash out at efforts by private agencies.  The hard part is acknowledging that “family preservation” may be the wrong goal:

Rather than go to court to force parents to get treatment or counseling, the state often relied on “safety plans” — written promises by parents to sin no more. Many of the pledges carried no meaningful oversight. Children died — more than 80 of them — after their parents signed one or, in some cases, multiple safety plans.

• Parents were given repeated chances to shape up, and failed, and failed and failed again, and still kept their children. In at least 34 cases, children died after DCF had logged 10 or more reports to the agency’s abuse and neglect hotline. Six families had been the subject of at least 20 reports.

The decision to prioritize family unification was made by bureaucrats and politicians from across the political spectrum.  Liberals defend state agencies and argue that biological parents should receive as many resources as possible to keep their children; conservatives argue for the primacy of family and against state involvement.  Failure is bipartisan:

“It’s the system that’s broken. When numbers take over instead of outcomes for people, you are doomed to failure,” said James Harn, a 30-year law enforcement officer who spent his last nine years as a commander supervising child abuse investigators at the Broward Sheriff’s Office before leaving a year ago. “They want to keep families together, but at what cost?”

Prioritizing family preservation is just one policy error.  Others involve the increasingly hands-off attitude towards the family arrangements of women living on public services and the leniency granted to serial offenders in the courts.  

Social workers have had little power since the 1960’s to insist that women on welfare live alone with their children, rather than inviting a boyfriend, or a series of men into their state-subsidized homes.  These unattached men frequently abuse the children they are living with:

The night before Aaden Batista died, his killer played a baseball game on his Xbox, smoked marijuana and gave the toddler a bath.

As Aaden’s mother, Whitney Flower, worked as a medical assistant at a nearby hospital, Jason Padgett Sr. prepared the toddler for bed, putting on his diaper before, ultimately, viciously shaking him and slamming his head on the floor. . .

Aaden became part of the yearly count of children killed at the hands of paramours — child welfare’s oddly genteel term to describe boyfriends or girlfriends of custodial parents. Protecting children from abusive paramours is one of the great challenges facing the Department of Children & Families.

“Paramours are a huge red flag,” said Richard Gelles, dean of the School of Social Policy and Practice at the University of Pennsylvania, as well as chairman of child welfare at the school. “They are enormously over-represented as the slayers of young children.”

Under-prosecution and under-incarceration, especially for domestic violence, presents another problem.  Expect this problem to grow worse as “Right on Crime” Republicans, left and right-wing libertarians, leftists, and liberals join forces to shrink our criminal  justice system and empty the prisons.  Their political kumbaya moment is going to mean more violence, more crime, and more murders.   You need only peruse the Miami child death report to find evidence of hundreds of people who have been granted serial leniency in our allegedly-harsh justice system:

In the pre-dawn hours of May 5, 2009, Jasmine Bedwell had to make a decision: Take more blows or more chokes — but try to rescue her son from the clutches of her enraged boyfriend — or go find help. She left and borrowed a cellphone to call 911.

 
 

 
 

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Martin Preib versus the Innocence Industry

An amazing article by Martin Preib, a Chicago cop who exposes the dark underbelly of the “innocence” industry, in which scores of law and journalism students and their professors resort to deception in their desire to play Atticus Finch to criminals who aren’t really wrongful convicted:

Wrongful conviction settlements are big business, but they are not always sensible. Chicago settles millions of dollars in cases where convicted offenders claim they were wrongfully convicted.

For a number of law firms, suing the city over wrongful convictions has become a kind of cottage industry. Inmates claim they were tortured and coerced into confessing. The offenders are freed from prison. Attorneys quickly initiate civil lawsuits against the city. Many people assume that a settlement signifies the police were culpable and had something to hide.

But this is not the truth in several key wrongful conviction cases, none more so than the Anthony Porter case, a double murder in 1982 in Washington Park on the South Side.

Preib shows how students and professors at Northwestern University and post-conviction lawyers didn’t even bother to interview the detectives involved in the conviction of Anthony Porter when they tried to exonerate Porter years later:

One common theme permeates the entire wrongful conviction movement: the police are crooked, willing to coerce confessions from the wrong man, willing to frame the wrong man, torture him, even. Police are often accused of racism in wrongful conviction cases, that they don’t care about African-American suspects or their communities. Many of these accusations were lobbed against the detectives in the Porter case, one of the most crucial wrongful conviction cases in the state’s history.

That Martin Preib could singlehandedly, with no resources, uncover more evidence than armies of well-connected, well-funded professors, students, and lawyers speaks volumes about the dynamics of post-conviction criminal justice activism.

The media repeats the claims of the Innocence Industry uncritically and dumbly parrots their nonsensical “statistics” about so-called “causes of wrongful conviction” — statistics and causes that are a pure fabrication.  If the Innocence Project were actually trying to create real wrongful conviction statistics, they would have to do several things they don’t do now — first and foremost contextualize their cases within the numerical universe of rightful convictions.

They would also have to stop inventing “causes of wrongful conviction” that highlight only one aspect of a case, often something minor or irrelevant to the conviction but that serves their ideological interests.

They would have to acknowledge that the most common “cause” of wrongful conviction is being a criminal and running with other criminals.  Lying for a criminal friend, being a non-DNA depositing co-conspirator in a murder that leaves no witness, dealing in stolen items from the crime, and letting your own brother go to prison in your place are all causes of wrongful conviction that you won’t find anywhere in the Innocence Project’s highly touted “statistics.”

Several of the Innocence Project’s most high-profile clients are serial rapists popped for the wrong crime BECAUSE they were committing similar crimes in the area or had done so elsewhere.  The media avoids mentioning this part of the story because they want to act out their own Atticus Finch drama.  Fabulist journalists go looking only for the story they want to hear, as Prieb demonstrates:

One wonders when journalism professors started teaching students to get only one side of a story. It turned out that, during the Innocence Project  investigation, the detectives say that neither Protess [head of the Innocence Project at Northwestern] nor his journalism students ever attempted to sit down with the detectives and listen to their account.

Finally, many Innocence Project clients were not actually innocent at all.

See here and here for examples of the misbehavior of activists wanting to spring guilty men to gratify their own self-regard.

I have repeatedly urged Innocence Project activists to use some of their vast resources and manpower to try to identify offenders who got away with murder and rape.  Merely saying this is a great way to get laughed at — or accused of racism, the movement’s eternal fallback pose.

The Martin Preibs of this world toil on their own in the shadows to correct grotesque injustices, as the defense bar and their media lackeys labor to spring anyone and everyone from prison, regardless of their crimes.

Imagine if someone made that into a movie.

Crossing Lines: What’s Wrong with the Wrongful Conviction Movement by Martin Preib

Martin Preib’s Amazon Page

 

 

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

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 ... 

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Al Sharpton: Why Doesn’t The Media Remember His “Whore” Moment?

Don’t get me wrong: it’s always nice to see this disturbed hate-clown get even a little piece of what he deserves:

But Sharpton’s distaff comments about gays are not quite the right focus for the current scandal over Rush Linbaugh calling women s***s, Bill Maher calling women c***s, NPR comic Marc Maron wishing violent rape on Michelle Bachmann, or various other public figures and human rights activists dropping b-bombs and other slurs on women (note: by “various other public figures and human rights activists,” I mean every gay male political activist I’ve ever known, several well-placed professional lesbians, Salon’s entire “sex-positive” girl-staff, and the earth-shoe-wearing-man-heroes of the liberal Left).

Too few of the writers objecting to Sharpton’s play-doh-like transformation into cultural decency arbiter on MSNBC are recalling his really relevant slurs — the ones against the Central Park Jogger.

Sharpton and his sidekick Alton Maddox assembled and egged on protesters who called the jogger a “whore” and called her attorney “bitch,” “white devil,” “witch,” and “slut.”  He announced that he didn’t believe that she was actually raped or beaten into a coma.  Sickeningly, he demanded that she be examined by a psychiatrist and accused her boyfriend of being “the real” rapist.  He tried to incite violence against her, nearly succeeding, just as he threatened violence against the Pagones family after orchestrating Tawana Brawley’s false rape accusation against Steve Pagones.  Thanks to the racial hatred stirred up by Sharpton, the Jogger, who had been left for dead by her attackers and also left with brain injuries, was forced to arrive and leave the courthouse under heavy security.

Of course, there were no consequences for Sharpton . . .

Are commentators now worried about bringing up these subjects because of the subsequent vacating of the sentences of the Central Park’s Jogger’s assailants?  They shouldn’t worry: the acquittals were false.

As of today, Townhall’s Larry Elder is the only journalist who has mentioned the lynch-mob hatred Sharpton whipped up against the Jogger and, by extension, other white victims of interracial rape.  Elder writes:

In 1989, a young white woman, dubbed the “Central Park jogger,” was monstrously raped and nearly beaten to death. Sharpton insisted — despite the defendants’ confessions — that her black attacker-suspects were innocent, modern-day Scottsboro Boys trapped in “a fit of racial hysteria.” Sharpton charged that the jogger’s boyfriend did it and organized protests outside the courthouse, chanting, “The boyfriend did it!” and denouncing the victim as a “whore!”

Sharpton appealed for a psychiatrist to examine the victim, generously saying: “It doesn’t even have to be a black psychiatrist. … We’re not endorsing the damage to the girl — if there was this damage.”

Elder feels the need to note that the defendants in the Jogger case had their sentences vacated in 2002, but he didn’t look closely enough:

(The convictions of the accused were eventually vacated, despite their taped confessions, after another man — whose DNA matched — confessed to the rape in 2002.)

The vacating of those sentences was a travesty, orchestrated by activists, an aged and compromised Robert Morgenthau, and a cowardly judge, all of whom knew that the youths’ confessions were limited to information that was not in any way contradicted by the later revelation that the sole DNA found at the crime scene belonged to serial rapist/killer Matias Reyes.  None of the defendants’ confessions indicated that they had ejaculated at the scene of the crime: they had only admitted that another man committed the rape as they helped restrain and torture the young woman.

Reyes himself admitted the crime only after the statute of limitations reportedly ran out — which should never have happened.  He was already serving 33 to life, with the strong likelihood of no release for the serial rapist murderer, whose crime “signature” included offering victims “their eyes or their life” and stabbing them around the eyes to enhance the terror of his attacks.  Already convicted for vicious crimes including the rape/torture/murder of a pregnant woman in front of her children, Reyes’ subsequent “confession” that he was the sole assailant should never have been believed — nor did police and prosecutors involved in the case believe it.

”He is a complete lunatic,” said Michael Sheehan, a former homicide investigator whose work helped prosecute Mr. Reyes for the murder of Lourdes Gonzalez.

Ann Coulter documented the entire sordid saga of the vacating of the sentences in her book Demonic and was hysterically persecuted for doing so.  Prosecutor Linda Fairstein was accused of a wide variety of sins for speaking the truth about the evidence in the case: the few others defending the convictions were also tarred, but not in the personal, racial way reserved for Fairstein, the victim, and later, Ann Coulter.  The Village Voice stooped to new racial lows by insinuating guilt on the part of the victim, who implicated nobody as she remembered nothing of the attack, and sleazily accusing Fairstein of “Ash-blonde Ambition.”

Others who should have spoken out about the travesty of wrongful acquittal remained silent, doubtlessly out of fear of the racial cudgel.

Coulter courageously spoke out:

On April 19, 1989, a 28-year-old investment banker went for a run through Central Park, whereupon she was attacked by a violent mob, savagely beaten, raped and left for dead. By the time the police found her at 1:30 a.m. that night, she was beaten so badly, she had lost three-fourths of her blood and the police couldn’t tell if she was male or female. The homicide unit of the Manhattan D.A.’s office initially took the case because not one of her doctors believed she would be alive in the morning.Confessions were obtained in accordance with the law, with the defendants’ parents present at all police interrogations. All but one of the confessions was videotaped. After a six-week hearing solely on the admissibility of the confessions, a judge ruled them lawful.At the trials, evidence was ruled on by the judge and tested in court. Witnesses were presented for both sides and subjected to cross-examination.One witness, for example, an acquaintance of one of the defendants, testified that when she talked to him in jail after the arrests, he told her that he hadn’t raped the jogger, he “only held her legs down while (another defendant) f–ked her.” (That’s enough for a rape conviction.
In the opposite of a “rush to judgment,” two multi-ethnic juries deliberated for 10 days and 11 days, respectively, before unanimously finding the defendants guilty of most crimes charged — though innocent of others. The convictions were later upheld on appeal.The only way liberals could get those convictions overturned was to change venues from a courtroom to a newsroom. So that’s what they did.The convictions were vacated based not on a new trial or on new evidence, but solely on the “confession” of Matias Reyes.Coincidentally, this serial rapist and murderer had nothing to lose by confessing to the rape — and much to gain by claiming that he had acted alone, including a highly desirable prison transfer.As with the tribunals during the French Revolution, the show trials were based on a lie, to wit, that Reyes’ confession constituted “new evidence” that might have led to a different verdict at trial.In fact, Reyes’ admission that he had raped the jogger changed nothing about the evidence presented in the actual trials. It was always known that others had participated in the attack on the jogger. It was always known that none of the defendants’ DNA — a primitive science back in 1989 — was found on the jogger.This is why prosecutor Elizabeth Lederer said in her summation to the jury: “Others who were not caught raped her and got away.”The only new information Reyes provided was that he was one of those who “got away.”But 13 years later, the show trial was re-litigated in the backrooms of law offices and newsrooms by a remarkably undiverse group of Irish and Jewish, college-educated New Yorkers. They lied about the evidence in order to vindicate a mob and destroy trust in the judicial system.

The sentence vacating was orchestrated and exploited by Innocence Project activists who felt no compunction about subjecting a brutalized rape victim to injustice and even more unnecessary suffering.  It also greased Sharpton’s re-entry into power society — all on the back of an innocent rape victim.

(Guy in the middle is Obama Education Secretary Arne Duncan.  Because hanging out with people who try to get mobs to attack a rape victim is so . . . educational.)

Now the Innocence Project  is codifying its lies about the Jogger’s assailants in their false science of “wrongful conviction causes” and shilling state-by-state legislation based on the same.

And abetting them are professors from every law school in the nation.  No legal academician, to date, has demonstrated a drop of intellectual integrity regarding this case or the entirely faked “statistics on wrongful confession,” “statistics” produced almost wholly from this single case.  Law professors collectively lack the spine — and ethics — to risk being targeted if they dare to question the Innocence Project’s increasingly wild statistical and causal claims.

Many people voiced compassion for the Jogger in 1989, but virtually nobody stood with her in the wake of this misogyny-drenched, manufactured, legal re-lynching.  This time, as we revisit Al Sharpton’s violent, prejudiced, hate-mongering, the real story should not be ignored.

 

 

 

 

 

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The New York Times Lies About Another Cop-Killer: Sheriff Barrett Hill Was Murdered by Rob Will

It’s Sunday.  That must mean the New York Times is lying about a murder case.  This time, reporter Brandy Grissom has slapped together an especially incredible whopper:

Appeal of Death Row Case Is More Than a Matter of Guilt or Innocence

Rob Will, Cop-Killer

The headline is the only factual part of the story.  Will’s latest appeal certainly is, as the headline writers put it, “more than a matter of guilt or innocence.”  It’s a demonstration of the lengths to which the New York Times and their hand-in-glove activists will go in order to mislead the public about our criminal justice system . . . particularly when the killer in question murdered a cop.

Deputy Sheriff Barrett Travis Hill

Robert Will killed Deputy Sheriff Barrett Travis Hill on December 4, 2000.  Hill was shot multiple times: his murder was gruesomely audible over police radio.  Chest, hand, face.  Will could have disabled the officer and fled, but once Barrett Hill was on the ground, he chose to kill him instead.  He then carjacked a woman, told her he killed a cop, forced her out at gunpoint, and fled.  He was caught with the murder weapon.

Ever since Robert Will was convicted, various attorneys have tried to pin the blame for DS Hill’s murder on Will’s criminal accomplice, Michael Rosario.  They’re not doing this because they care about Will, or care to capture Rosario: they do it because it’s the one argument they’ve got.  Every few years, advocates for Robert Will (paid for by us) produce additional “witnesses,” virtually all jailhouse snitches who (temporarily or transiently) claim that Rosario confessed to the crime, a claim Michael Rosario, of course, denies.  The real story of these witnesses is complicated, so the Times keeps their reporting on them very, very vague.  At different times, most of them actually refused to commit to testifying in court.  Nevertheless, the media myth keeps building, as in the Troy Davis case, that all of these “witnesses” were somehow blocked by court procedures from “telling the truth.”  Oddly, the Times story tells us nothing about Rosario’s current status or his response to the latest round of allegations against him: they work very hard to avoid looking too closely at him, because doing so wouldn’t suit their desired narrative.

With every “new witness,” an expensive legal game reboots.  In response, the state has repeatedly clarified the record by re-investigating and systematically ruling that each of these belated witnesses either had their chance to testify and refused, or that the defense themselves wouldn’t use them because they were hostile, or that they were, in fact, researched thoroughly despite allegations otherwise, or that they are so unbelievable that the court need not revisit the issue of Will’s guilt because they’ve come forward with unbelievable new stories.  Nevertheless, the games plays on, shifting only slightly over time.

Robert Will has had his day — his decade of days — in court.  The court has considered and rejected every new and unabashedly contradictory effort to invent or re-tread witnesses.  Robert Will himself is stuck with a particularly hard set of facts to transform into lies.  Yet this hasn’t slowed the liars, who call what they do “advocating” and sleep well at night because there are no consequences when defense attorneys make things up out of thin air . . . as admiring reporters pile on.

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Three Chances Instead of Three Strikes: Giovanni Ramirez and the Supreme Court

Giovanni Ramirez has been arrested for inflicting permanent brain damage in the April near-death beating of Giants fan Bryan Stowe.  Some non-news regarding the arrest:

  • Ramirez is “at least” a three-time convict and a felon.
  • Ramirez is a convicted gun criminal.
  • Ramirez is a “documented gang member.”
  • Ramirez was not serving time at the time of the beating.  He was out on parole despite prior convictions for attempted robbery, robbery, and firing a weapon in a public place . . . at least.

Well, who could be surprised?  The headlines this week are about the Supreme Court decision forcing California to release 46,000 inmates on the grounds that their civil rights are violated by prison overcrowding.  Bad enough, but those 46,000 soon-to-be wrongfully freed offenders are only a fraction of the problem.  They, at least, ended up in prison for some portion of their sentences.

In addition to the 46,000, how many Giovanni Ramirezes are “wrongfully freed” by other means in California every year?  Why was Ramirez on parole, instead of being in prison?  Here’s another interesting, unasked question: did some prosecutor and/or judge allow him to plead down to “firing a weapon in a public place” in 2005 to make it easier to avoid applying California’s “three-strikes” law?  Did the prosecutor find some other excuse to avoid seeking three-strikes?  This type of thing happens every day.

In 2005, what were the real charges against Ramirez?  What sentences did he receive for attempted robbery in 1998 and robbery in 1999?  How much time did he serve, and how much time did he get off?

There’s no way to learn the answer to questions like this until somebody in Los Angeles unearths Ramirez’ entire criminal record, from arrests to final dispositions.  And reporters virtually never bother to do that.  The courts and the media collude to conceal basic information about criminal cases from the public.  Journalists don’t like risking their special access by embarrassing judges or prosecutors, so nobody asks the hard questions, such as this one:

Would Bryan Stow be at home playing with his children instead of hovering near death with profound brain damage if some L.A. judge had not granted Giovanni Ramirez an entirely unearned “third chance” in 2005?

When you start looking at complete criminal histories — pleas, dropped charges, nolle prosequi, et. al. — the justice system starts looking more and more like the hat check in a social club for unrepentant thugs.  I started this blog in 2009 when I learned of a judge in my old neighborhood who suffered no consequences (still hasn’t) for wrongfully releasing a serial offender who went on to kill a female cancer researcher.  Rather than spending her time in court examining the offender’s record and assigning the correct statutory punishment, the judge spent her time oohing and ahhing over a wedding dress website with the offender and praising him for “rehabilitating” himself so creatively.

The prosecutor also dropped the ball, but if judges don’t accept responsibility for what happens in their courtrooms, why bother calling them judges?

This terrible dereliction of duty went to the heart of the problem: the judge treated the predator like a victim and also as a sort of Oprah-esque hero of his own life.  She used our resources and her authority to inflate his self-esteem and her own sense of magnanimity, instead of punishing him and protecting us.  And an innocent woman died a horrible death because of it.

Unsurprisingly, the wedding dress website was a scam.  That tacky aside illustrates an important fact:

The only real rehabilitation is consequences.

Judicial rulings like this are frighteningly routine: judges on ego trips walk into courtrooms and see, in prisoners, a reward-rich private constituency. Grandstand on their behalf, and you win approval from all the places where approval matters to any ambitious judge: law faculty, the ABA, the academic research class, liberal activists, and huge swaths of the federal judiciary positioned between your bench and the Supreme Court.  Also, during administrations like this one, the Justice Department.

Not to mention the media, the DNC, and even certain conservatives — the previously convicted, the pro-pot libertarians, the ego-tripping Christians, and these people.

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I see the Supreme Court decision as the culmination of seventeen years of radical opposition to California’s extremely successful and life-saving three-strikes law.  How successful?  You won’t find many people asking that question in the universities, or the press, but on his well-documented website, Mike Reynolds asserts that three-strikes has had a profound effect on public safety:

[A]n average of 1,000,000 serious or violent crimes are prevented every 5 years and 10,000 Californians spared from becoming murder victims since its passage in 1994.

Yet the public debate continues to revolve around myths of people being sent up for shoplifting cheese or a pizza slice. ... 

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Splitting (Other People’s) Hairs (Or Their Throats): David Oshinski, Amy Bach, Jimmy Carter, and Terry Gross Whitewash Wilbert Rideau’s Crimes

This is Wilbert Rideau, Academy Award nominee, George Polk award winner, George Soros grant recipient, Jimmy Carter Center honoree, American Bar Association Silver Gavel winner, Grand Jury prize winner at Sundance, NPR commentator, journalist, Random House author, Terry Gross pal, friend of the famous and the rich . . . you get the picture.

Oh yeah, he also kidnapped three innocent people during a bank robbery in 1961, shot them all, and then stabbed the one young woman who couldn’t escape him after he “ran out of bullets,” as the second victim played dead and the third hid in a swamp.  He plunged a butcher knife into Julia Ferguson’s throat as she begged for her life.  Rideau later went on to claim that she wasn’t technically begging for her life, as part of Johnny Cochran’s successful 2005 bid to get him out of prison, but in this conveniently forgotten video, he tells a very different — and shocking — story about the crime.

When you read about people being released from death row, think of Rideau.  The real grounds for his release are typical — a gradual wearing-down of the justice system, manipulation of technicalities, re-trial after re-trial as victims and witnesses die or get forgotten — as, all the while, powerful activists and journalists make heroes out of the men who destroyed innocent people’s lives.

Rideau is unusual only because so many powerful and famous people decided to anoint him mascot status.  Terry Gross can’t stop aurally wriggling in his presence.  I tried to find a photograph of Julia Ferguson, but she has been entirely forgotten.

Random House, by the way, has been promoting Rideau’s book tour as an inspirational life story without mentioning his crimes.  Here is their warm and fuzzy description of their author.  The Jimmy Carter Center Facebook page, meanwhile, says that Rideau “has lived a more productive life in prison than most do outside.”  They write off the murder of Julia Ferguson as “a moment of panic during a botched bank robbery.”  Of course, it took more than “a moment” to hold up a bank at gunpoint, kidnap three people, drive them into the swamp, shoot them, chase them, catch one and slaughter her, but then again, that’s just former President Carter speaking up for justice from his human rights center again.

I don’t know anything about the author of this site, Billy Sinclair, but in addition the video he posts, he has a lot to say about the myths that reporters have invented, or swallowed whole, regarding Rideau.  As a fellow con and former colleague of Rideau, it’s especially interesting to read Sinclair’s take on Rideau’s self-aggrandizing tale of prison yard life — particularly because these stories are ostensibly what make the murderer so valuable to those of us who have, according to the Carter Center, wasted our lives by not bothering to kill anyone and then make up award-winning prison yard stories from behind bars.

I guess they don’t have video technology at the New York Times yet.  Nor New York University, where Rideau apologist David Oshinsky pens his prose.  I don’t know Jimmy Carter’s excuse, since he’s been on tv.  I guess one dead girl isn’t one too many dead girls too much to Carter.

Meanwhile, in the New York Times, NYU Professor David Oshinksy has just published a disturbingly dishonest review of murderer Wilbert Rideau’s book, In the Place of Justice.  The paper also ran a second worshipful review by Dwight Garner.  What’s striking about the two pieces (besides their redundancy — indicating the cult hero status of vicious killers like Rideau among denizens of the Times) is the lengths they go to in pretending to recreate Rideau’s brutal crime while leaving out or actually denying important facts.  If this is the new journalism — paying lip service to crimes before getting down to the main task of stroking the criminals — well, I’ll take the old journalism that simply denied the existence of the crime and the victims whole-cloth.

For it’s actually less degrading for victims and survivors to be ignored than to be forced to play bit parts in salacious spectacles like this one.  But beyond the little matter of human decency, the fact that Wilbert Rideau’s record is being increasingly whitewashed as time goes on speaks to the culpability of NPR, and the New York Times, and academic institutions like NYU that sponsor people like Oshinsky and Amy Bach, who calls the fatal injury to Julia Ferguson’s throat a “one inch cut.”  They’ve gone far beyond merely twisting the record to suit their purposes this time.  They’re publishing lies.

~~~

In the Place of Justice is not, as reasonable people might assume, a title that refers to what happened when activists got Rideau out of prison on a fourth try in 2005 — despite his undisputed kidnapping/murder of a young bank teller and shooting of two other victims in 1961.

No, it’s Rideau’s opinion of having to be locked up for such a triviality in the first place.

The murderer’s view is shared by scores of journalists and academicians who consider the skin color of Rideau’s victims (they were white) to be more significant than Rideau’s decision to shoot them (scores of minority murderers of other minorities do not receive such breathless adoration).  David Oshinski is only the latest in a long line of apologists who shamelessly rewrite history in order to advocate certain murderers’ side — an act that used to accurately be called racism, when it was just as wrongfully committed for the other side, but is now labeled “justice” when committed on behalf of vicious killers like Rideau.  Devaluing some people’s lives is justice, you see; devaluing others’ is injustice: that is where we are now.

We should have the integrity to acknowledge that, because it is preventing us from valuing all lives.

So the history prof (perhaps knee-deep in student essays that skim, not plumb, facts) must have decided this time that enough time has passed without the victims being heard from to pretend that the facts of Rideau’s crime were genuinely in doubt again.  Of course, the surviving victims weren’t given taxpayer-subsidized NPR gigs to flog and manipulate the airways for decades, either.  Oshinski’s description of the crime, laid in the fertile manure tilled by NPR and other activists, is as dishonest a performance as I’ve seen in print in a long time:

The details of his crime would be contested for decadesThere is agreement that Rideau robbed a bank at closing time, kidnapping the male manager and two female tellers. Rideau claimed he was about to release them when one of the women bolted out of the car and the manager tried to overpower him. Rideau opened fire, hitting all three as they fled. When one of the women rose to her feet, he writes, “I grabbed the knife, stabbed her and ran to the car.”  The surviving victims told a different story, insisting that Rideau had used his weapons at close range and that the woman he killed had begged for her life. [bold added]

Remember: passive language reeks cover-up of someone’s pain, and the killer’s culpability.

“There is agreement.”  And, “He was about to release them.”  “Opened fire, hitting all three.”  “The surviving victims told a different story.”  Distance, lie, distance, minimalization, misrepresentation.  In Oshinski’s version, the only fact we know is that Rideau robbed a bank and kidnapped three people: the rest is disputed, the professor claims.  Are there no standards in academia anymore?  Doesn’t this man have colleagues courageous enough to measure his words against the actual record?  You know, fact-check the historians representing their fine institution?

Of course the scores of activists who swarmed to Rideau’s cause were deeply invested in using whatever means possible to advance the idea that the details were contested.

That is, if by contested one means: self-satisfied people standing around cocktail parties one-upping each other at denying the victims’ suffering in an endless game of burnish-the-progressive-credentials.  But facts denied here aren’t really in dispute.  And the real story of Rideau’s release is very different from what Oshinski claims.

Let’s be clear about what Oshinski is playing at here: he is pretending that all that really matters — to the historical record as well as in the courts — is whether Rideau managed to shoot the people he was torturing when they were close to him or a little less close.  For good measure, he casts doubt on whether a dying girl begged for her life.  How nice.

I’ll be a little more direct in my review of his review : such agitprop denial of other people’s suffering is a moral obscenity.  For the New York Times to publish it is shameless.

For, of course, Rideau “told a different story” from the people he killed and tried to kill (except when he didn’t).  That story was rejected repeatedly until one jury committed nullification in 2005 because they believed that the history of racial discrimination was more important than Rideau’s actions in taking one life and trying to end two others.  So be it — that’s on their souls — and another blot on the jury system.  But the fact of what Rideau actually did to his victims was not contested.  Now it has been rewritten by two different men in the Times last week, the latest stage in the long rewriting on the victims’ backs.

Journalism as human rights violation.  Journalism as denial.  How much denial?  When a vehemently pro-criminal reporter like Adam Liptak bothers to report a less glowing story about the killer you’re whitewashing, you know you’re knee-deep in it.  Here is Liptak, writing in 2005:

Mr. Rideau has never denied that he robbed a Gulf National Bank branch in Lake Charles on Feb. 16, 1961, that he kidnapped three white employees of the bank or that he shot them on a gravel lane near a bayou on the edge of town. Two of the employees survived, one by jumping into the swamp, the other by feigning death. But Mr. Rideau caught and killed Julia Ferguson, a teller, stabbing in her in the heart.  The two sides at the trial last week agreed on those basic facts.

So what is not in dispute is that the shot victims tried to hide from Rideau, that he hunted them down and slaughtered the one he caught by stabbing her through the heart (heart? throat?).  Oshinski looks at this and natters on about “close range” versus distance.  How dehumanizing.  Does he have a daughter with a beating heart, I wonder?

Julia Ferguson’s parents did, at one time.

~~~ ... 

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Executing David Lee Powell: The Austin Statesman Hearts a Cop-Killer

Media coverage of executions used to be shameless.  Reporters played advocate, inserting themselves and their inflamed sensibilities into the story, while victims’ families were ignored or accused of being “vengeful,” a crime apparently worse than murder itself.

Only victims’ families were thus demeaned: offenders, no matter the horror of their actual crimes, were depicted in only the most positive light.  They were deemed specially sensitive, or dignified, or talented, or at least pitiful, as if playing up to (or merely embodying) the reporter’s sensibilities magically erased the profound harm these men had visited on others.

Reporters filed bathetic stories detailing this killer’s last meal or that prisoner’s hobbies without mentioning the behavior that had placed the men on death row in the first place, unless, that is, extremely prurient details or a high body count made for interesting reading.

Victims were either ignored, or criticized, or their suffering was objectified.

Such overt expressions of contempt aimed at victims are no longer the status quo. But I don’t believe that what has replaced them in reporting is better.  Now, in the interest of allegedly telling “both sides of the story,” journalists dutifully mention the offender’s crime and say a few nice things about the victim’s life.  They let the victim’s family have their say — something that rarely happened in the past, though they’re often angling for the victims to say something angry, so they can make them sound “vengeful.”

Judith and Bruce Mills hold a picture of Officer Ralph Ablanedo

Then, “balance” accomplished, the reporters get back to the business of valorizing murderers.

David Lee Powell, who slaughtered Officer Ablanedo in 1978 ... 

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Jordan Gibson, Jose Reyes, Wilson Gomez, Leonard Scroggins: “I didn’t want to be one of those cases where you find my remains three years from now.”

You wouldn’t know it from the way many in the media cover crime, but recidivists with extremely violent records are still routinely cut loose from prison early, or allowed to stay free while awaiting trial.

Or allowed to attend high school with nobody knowing they’re sex offenders.

But wait, isn’t America supposed to be a police state, where people sometimes shockingly serve full sentences for their crimes?  Not in these cases:

Jordan Anthony Gibson, Atlanta, Georgia:

Gibson is currently a suspect in multiple rapes.  But even though he was caught in 2009 with items belonging to the rape victims, it took police a year to get back DNA results from the State Crime Lab positively tying him to two of the sex crimes.  This story says a lot about the state’s priorities, letting a suspected serial rapist’s DNA collect dust on a shelf for 13 months while some judge actually let the suspect walk free.  It also says a lot about the way the defense bar has convinced the judiciary to raise the bar way too high on evidence in criminal convictions: why isn’t being in possession of rape victims’ property enough to try someone for rape?  Why couldn’t he have been tried, or at least actually held under real supervision, on burglary or robbery charges until the DNA came back?  Don’t we have enough laws on the books to keep people like this off the streets for their other crimes.  of course, that would involve the courts actually displaying a commitment to treating crime like crime.

Part of the problem is the perception that crimes like burglary and robbery are now deemed too minor to even address.  And we know who to thank for that.  yet, somehow, the Atlanta Journal Constitution wants you to believe that we are far too harsh on criminals.  And so, you have a man now known to be a serial rapist, who could have been prosecuted for robbery and kept behind bars as the rape investigation continued, instead set free for a year as the crime lab didn’t bother to prioritize its work in a timely way.  Money problems?  Well, then, they should be using a case like this one to yell from the rooftops that they need more funds.  They don’t make waves like that, though.

Nor do Atlanta’s politically motivated “victim advocates” — many of them campus rape activists — who would rather berate all men for alleged sexist insensitivities than get their fingers dirty actually advocating for swift justice against a real rapist.  Oh, for the days when there were real feminists.  Here’s the serial rape story:

Police charged a man Friday for two of a string of rapes early last year along the Briarcliff Road corridor. DeKalb County Police investigators believe Jordon Anthony Gibson may be responsible for more sexual assaults, however.  Gibson, arrested Thursday, had been in police custody [that’s an ankle monitor, not jail] for more than a year on related charges.  On April 11, 2009, Gibson, 19, was stopped for a traffic violation, and police found property from the rape victims inside his car, DeKalb County police spokesman Jason Gagnon said.  Police, at the time, charged him with several counts of robbery, but continued to consider him as a person of interest in the series of rapes, Gagnon said.  DNA samples were taken from Gibson at the time of his arrest, but they were returned only a few weeks ago, police said.  The GBI’s results showed Gibson to be a positive match in two of the rapes.

Umm, so why wasn’t he arrested weeks ago?  Why wasn’t he picked up the very same day that the DNA results were known?  What exactly does it take to remove a dangerous, DNA-identified rapist from the streets, especially when he’s facing a long prison sentence?  Why did the warrant take “weeks” after the DNA match?

“We had a strong feeling that he was our guy, just due to the fact that those sexual assaults discontinued the minute he was arrested,” Gagnon told the AJC. “However, we didn’t have the evidence.  After the robbery charges, Gibson was released on a $60,000 bond and given an ankle monitor.  “We wanted to keep up with him,” Gagnon said.  There were at least five more rape victims for whom Gibson’s DNA did not match.  “Sometimes DNA can possibly be tainted,” Gagnon said, in explaining why there were not more matches.  As far as waiting a year for DNA results, Gagnon said investigators were patient.  “We’re just glad it came,” he said.

Look, at some point, somebody in the system needs to stand up and say:

Waiting a year for DNA results in serial rapes with the main suspect out in the community is NOT acceptable.  Having a court system in which we can’t even push a robbery conviction to get a suspected rapist behind bars while we investigate his other crimes is NOT acceptable.  If the courts are so distracted and overwhelmed that they can’t process a case like this in less than 13 months; if the DA doesn’t feel it is a priority to get a guy like this off the streets ASAP, then we really don’t have justice.  We really don’t have courts; we really don’t have prosecutors who can say they’re representing the people.  We don’t have anybody bothering to prevent the next preventable rape.

I understand why a cop can’t say this.  What I don’t understand is why a judge won’t say it.  Somebody needs to be the person who has the courage to challenge this type of utter failure.

Somebody . . .  some politician, some DA, some well-paid victim activist, needs to speak up.

~~~

Because when nobody speaks up, this is what happens: Jose Reyes, Seattle, Washington
 ... 

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

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 ... 

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“Poppa Love” Speights: It Takes a Village to Rape a Child

This has been the unfortunate theme running through my head as I watched the “Poppa Love” Speights saga unfold in recent weeks on the Tampa news.  Speights came to the attention of police years ago, when his young daughter reported being repeatedly raped — and threatened — by him.  But despite his lengthy police record (30 arrests) and the young woman’s testimony, prosecutors felt they could not convict Speights at the time.  A year later, the police had proof that Speights was a child rapist when another, even younger girl gave birth to his baby: she had been 12 at the time Speights impregnated her, and DNA matched him to the crime.

But that was two years ago: since then, a judge granted Speights bail to await his trial for child rape, and he apparently returned to the household where he had raped and impregnated the young girl and where a dozen or more other minor children still resided.  His mother, wife, aunt, and several of his own children supported Speights, so it is reasonable to assume that he remained in contact with many other potential child victims, either with or without the permission of child protection authorities.  His bail was not repealed when his trial began, and Speights absconded two weeks ago when it began to dawn on him that he might not walk away from the latest charges, as he had done literally dozens of times after arrests in the past.  He was convicted in absentia and recaptured after an expensive manhunt.

Yet despite all this, despite raping and impregnating a child and fleeing a courtroom and being featured on America’s Most Wanted, Speights still believed he could game the system: he asked the judge yesterday for house arrest for the child rape and seemed genuinely surprised when Circuit Judge Chet A. Tharpe ordered life in prison instead.  Is Speights crazy, or are we crazy?

I say we’re the crazy ones.  Speights was merely reacting logically to a situation he had experienced dozens of times in the past.

For, until yesterday, the state has never really held Speights responsible for anything, from serially abandoning children, to breaking dozens of laws, to committing heinous sexual crimes.  Despite his extremely lengthy arrest record, he has never served state time.  Despite fathering more than 30 children and apparently having no legal employment (none was reported in the news), he was still living with approximately a dozen of his offspring in housing doubtlessly subsidized by taxpayers, who also doubtlessly subsidize the dozen or so other women who have filed paternity charges against him over the years.  Despite being accused of child rape twice, and fleeing custody once, he was permitted to bond out of jail in 2008 and remain free for two more years, as taxpayers also paid to prepare his defense.  Despite being identified as the father of an infant conceived in a child rape that took place in the presence of other minor children, he was apparently permitted to return home to those children (I say apparently because nothing was reported about restrictions placed on Speights when he was released to await trial).

It isn’t accurate to say that Speights tried to hide his crimes: a man who names himself “Poppa Love,” and tattoos his name on his girlfriends and girl children cannot be said to be trying to hide anything.  And despite their unruly protestations in court, his mother and current wife and aunt and assorted girlfriends cannot really pretend that they didn’t know about his behavior, not when he has had a dozen paternity charges filed against him and multiple domestic violence charges, and other child rape charges.  These women knew, and they too should be held responsible for recklessly endangering children.  Speights even tried to pin the child rape on two of his own sons.

The obscene spectacle of a child rapist with 30+ children claiming in court that he is a good, responsible father who allegedly “puts food on the table” and “presents under the tree” is only exceeded by the grim spectacle of a court system and child protection system that either could not or would not prevent him from doing more harm a long time ago.

Speights is the rapist, but we’re the ones who failed to protect his victims, all the while literally subsidizing his crimes.

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The Guilty Project: Why Were “Papa Love” Speights’ Other Victims Denied Justice?

Now that fugitive child rapist “Poppa Love” Speights has been tracked down by the police (for the second time — after a Tampa judge actually cut him loose on bail despite his flight from the law on child-rape charges in 2008), maybe more of his victims will come forward.

Then again, that’s what was said the last time, too.

You can hardly blame Speights’ victims for not trusting authorities to keep them safe — some authorities, that is.  The police worked hard, for years, to put Speights away.  Other child victims came forward, at grave personal risk, only to be denied a day in court.  The courts remain bluntly inaccessible to victims of child rape and overly sympathetic to their assailants.  This is true despite decades of advocacy.  Here’s why:

  • Myths of wrongful prosecution, fed by media activists such as Dorothy Rabinowitz, who wildly exaggerated the prevalence of wrongful prosecutions after a handful of unjust prosecutions made headlines . . . twenty years ago.   Rabinowitz and other self-proclaimed “wrongful prosecution experts” irresponsibly claimed that these isolated cases constituted a vast, shadowy movement against innocent, falsely accused defendants.  There was no such thing, and neither Rabinowitz nor any of her equally irresponsible peers ever bothered to try to make a statistical case.  Nor were they asked to do so: it was enough to point fingers, shriek “witch hunt” and dine out on the outrage they were generating — while countless child victims watched their own chance for justice evaporate, thanks in large part to the hysteria Rabinowitz orchestrated.  How many prosecutions were actually found to be flawed?  So few they are remembered by name and may be counted on one hand.  How many victims of child sexual assault were consequently denied even a chance for justice?  It’s impossible to know.  But hundreds of thousands of cases of child sexual abuse have gone un-prosecuted in the twenty years since Rabinowitz et. al. helped put a deep chill on the public’s willingness to believe victims of this crime.
  • Pro-offender biases on the part of judges. Too many judges see their role as defenders of defendants instead of objective arbiters of the law.  This probably has a lot to do with the number of politically-connected defense attorneys who make it to the bench.  I personally can’t conceive of any other reason why some judge let Speights walk free in 2008, even after he was found to have fathered a child by raping a 12-year old.
  • Defendant-biased evidence rules that make it virtually impossible to introduce facts and arguments in the courtroom.  In Trials Without Truth, William Pizzi explains how Supreme Court-driven exclusionary rules have warped the trial system, always in favor of defendants.
  • Public unwillingness to foot the bill (and the defense bar’s successes in padding it).  Even when evidence exists to try defendants, prosecutors working with extremely limited budgets can only afford to try a fraction of cases, or sometimes a fraction of charges against individual defendants.  Add that to the multiple ways defendants can get off on technicalities, and prosecutors are forced to shelve the majority of the cases they ought to be bringing to trial.

The criminal career of “Papa Love” Speights is a direct consequence of these prejudices and shortcomings.  His sexual crimes against children have been known to the police for years, but they never succeeded in bringing charges that stuck, until DNA identified him as the father of an infant whose mother was 12 when she was raped and impregnated by him.  Even then, a judge let him go free to await trial.

Another child victim who had come forward — his own daughter — never got her day in court, says St. Petersburgh Times reporter Alexandra Zayas:

A teenage girl went to police in 2005, saying her father raped her repeatedly for two years, paid cash for her silence and for good measure, showed her a gun.  Prosecutors lacked enough evidence to pursue charges.  A year later, that same man raped a 12-year-old niece and slipped her $20.  He was John Jerome Speights Jr., a 45-year-old with more than 30 children and paternity claims from more than a dozen women. He calls himself Poppa Love.

Speights actually tattoos his name on his wives and female children:

His ex-wife’s thigh “belongs to P. Love.” Daughters are inked “Daddy’s Girl.”  Over the years, he has had access to many young girls, including his own daughters and other relatives.

The details of the daughter’s rape are chilling.  The child reached out to authorities and told the police of other victims, but the State Attorney’s Office declined to act.  Why?

His daughter was 14 when it started. At a family reunion in northern Florida, she told police, she ended up alone with him in a motel room.  He asked if she was a virgin, she told police. He said he was going to give her a test. Then he had intercourse with her, while telling her, “I am not having sex with you,” she said.  It happened more than once, she reported. On a porch, in motels, in his car, near a graveyard. In the front yard of her aunt’s home. In his house, after he locked the other kids out.  The daughter said he told her to think of him as her boyfriend. That he would whip her brothers if she didn’t have sex with him. That if she told, he’d shoot himself, she said, or drive them both off the road. . . Speights denied the allegation. When police came, he fled.  They spoke to his wife. She said neither of them was employed and that she collected disability checks for the kids.  “Eight children live with them,” the detective wrote. “She said that she doesn’t know their ages because there are too many of them to keep straight.”  The daughter reported seeing young girls taken out of the bedroom late at night, but none of them alleged abuse.  Speights skipped his interview with police. His wife told them his attorney had advised him against talking.  The following day, a detective presented the case to the State Attorney’s Office and was told there was insufficient evidence. The case was closed but could be reopened with more proof.

Where was child protective services?  Astonishingly, Speights actually took one of his victims to court for child support — and the victim was thrown into jail.  The girl was 15 when he impregnated  her:

Court files suggest that [the niece’s child] wasn’t the first baby he fathered with a teen. In 2004, he filed a child support case in one such case. He was 30 when their son was born. She would have been 15. She could not be reached for comment on Tuesday.  When she failed to pay, the Hillsborough court held her in contempt and Gulfport police threw her in jail.

A judge in Hillsborough County court threw a teen mother in jail at the behest of the adult who impregnated her.  Another judge — or possibly two — let Speight remain free from 2008 to 2010.  If this case does not cry out for a top-to-bottom review of the court’s response to child abuse and sexual abuse cases, what does?

If only crusading journalists like Ms. Rabbinowitz behaved as if victims deserved justice, just like regular people.  Don’t hold your breath, though.

Tomorrow: What, if anything, can be done.

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The Guilty Project: Who Let Child Rapist John Speights Escape on Bond? And What About Those Other 30 Arrests?

This is John Speights. He strolled out of a Tampa courthouse last week during his trial for raping a 12-year old child and disappeared.  The sheriff couldn’t stop him because a judge had let him bond out back in 2008, when he was originally charged with ten counts of child rape.  And, oh yeah, he’s been arrested at least 30 other times in Tampa alone for charges including battery, bigamy, aggravated assault, cruelty to a child and domestic violence, yet he has no state prison record, which means that prosecutors had to drop some or all of those charges, or other judges cut him serial breaks for multiple violent crimes . . . or all of these things happened, enabling him to remain free to rape children.

The police catch ’em and the courts let ’em go:

John Speights, aka “Poppa Love”

Oh and, by the way, Speights impregnated his child victim, yet the judge granted bond anyway, even, apparently, after the results of the DNA test were known.  The child victim gave birth two years ago, and Speights was unambiguously identified as the father. ... 

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Benjamin LaGuer. Brutal Rapist Identified by DNA. His Famous Friends are Still Trying to Blame the Victim.

Benjamin LaGuer, who became a cause celeb among the media and academic demigods of Boston until it turned out his DNA matched the crime scene (after faking his first DNA test by substituting another prisoner’s DNA), wants out of prison again (see here and here for earlier posts).

He has fewer supporters this time, but Noam Chomsky and John Silber are still ponying up.  Most of his fan club went into hiding or mourning when it turned out that LaGuer’s DNA was indeed in the rape kit — rather than grope towards ethical consistency by apologizing to a rape victim they had viciously dragged through the mud.

After the DNA match, John Silber and Noam Chomsky, who led the race-tinged hate campaign against the elderly victim, continued claiming that LaGuer was really innocent or that, even if he was guilty, he didn’t really understand that he was guilty, so “technically” he was innocent . . . and other appalling nonsense.   Silber, to the eternal shame of Boston University, actually testified on LaGuer’s behalf again last week.  Here is what Silber said about the man convicted of binding, torturing and raping an elderly woman for eight hours — before spending years attacking her from behind bars:

“I think he is one of the finest examples of a courageous, honorable human being I’ve ever met,’’ John Silber, a former president of Boston University, said at the hearing.

The victim’s son-in-law commented:

“There was never a question in her mind of his identity,’’ he said. “She was a courageous woman, and that seems to have been forgotten.”

John Silber is playing an extremely ugly game on the back of a deceased, scapegoated rape victim, and nobody in Boston, or elsewhere, seems to have the integrity to call him, or his elite peers, out.

The worst behavior, however, has been exhibited by the media itself. Reporters abandoned all traces of objectivity or ethics in their rush to champion LaGuer.  For years, they published “articles” that were, in reality, mere regurgitation of the latest defense strategy.  They behaved as if there had never been a prosecution, or a successful trial . . . or a brutal rape.  As time passed and appeals piled up, both the facts of the case and the details of the crime were buried in favor of speaking for the defense, or shilling breathless feature stories about LaGuer’s writing, personality, his preening supporters, and his courageous suffering.

Print journalists misrepresented the judicial record to such an extreme degree that it can only be called intentional.  And the lynchpin of all this behavior was attacks on the victim, sometimes veiled, sometimes not.  In their self-centered desire to be part of a narrative that reminded them of To Kill a Mockingbird (“Benjy Brigade” members repeatedly cited the book), reporters helped foment a hate campaign against an elderly victim of rape.

It is astonishing that people could even call themselves reporters while exchanging personal letters with LaGuer, giving him money, chattering about his “art,” and advocating for his appeals, but the media in Boston shamelessly did all of these things.  The LaGuer coverage became a textbook example of violating journalistic principles and practices.  Except, this textbook will never be written: local academicians were themselves too busy piling onto the “Benjy Brigade.”  There has been no public reflection on the rules that were broken.  Why bother?  It’s just the victim and her family that were harmed, and their humanity doesn’t matter.

Was it really a reporter, for instance, who helped LaGuer gain phone access to the victims’ hospital room, enabling the convict to pose as a priest on the phone and lash out at the dying woman?  Others proudly announced to the world that they had become one of LaGuer’s “pen pals” or prison helpmates.  Where were their editors; where were the media ethicists and academic onlookers while reporters were acting this way?

Eagerly doing the same.

Some are still whitewashing the record.  Recent news coverage questioning the veracity of the DNA test fails to so much as mention LaGuer’s earlier botched attempt to substitute another prisoner’s DNA for his own — an important part of any story.  Such omissions, large and small, are par for the course for reporters who once lined up excitedly to befriend LaGuer and accuse the victim (a U.S. veteran) of everything from insanity to racism — reporters who then lapsed into silence once they didn’t get the DNA results they were eagerly anticipating.

The handling of the LaGuer case says a great deal — and nothing admirable — about the ways the media is covering other claims of wrongful conviction.  The pattern of acting as mouthpieces for advocates, burying non-DNA evidence, ignoring actual court records, attacking innocent victims, whitewashing convicts’ records, and wildly misrepresenting the actual causes and prevalence of wrongful convictions is now sadly routine.

Benjamin LaGuer’s victim endured an unusually brutal rape, and then a public lynching at the hands of the most powerful people in Boston.  The lynch mob is still attacking her memory, after her death.  They have learned nothing, and they have no shame.

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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?

You don’t just wake up one day and stab a woman fifty times, arrange her body for display, and leave a note on her stomach taunting the police — written on the back of a photo of her 8-year old child.  Talk about a crime that cries out for justice — and indicates other victims.  In fact, Harvey has another sex crime conviction, and a third victim testified at his trial that he raped and threatened to kill her around the same time Payton was murdered.

One would think the GBI would have prioritized getting Payton’s rape kit tested, and maybe they did — or maybe they didn’t.  Maybe the APD never sent the rape kit to them.  Maybe it’s all the fault of the Fulton County D.A., which had the ability to push for DNA testing when Harvey was convicted for another sex crime and kidnapping in 1996 (got a mild slap on the wrist).  DNA had been used to convict sex offenders for a decade by then.  Rape and kidnapping had been clearly identified as a social ill, too, though his sentence hardly reflected that.  Maybe it’s the fault of the Department of Corrections, which released Harvey in 1999, by which time they should have been databasing the DNA of all felons convicted for sex crimes.  Certainly, by 2003, Harvey was required by law to give a sample, when he served time for an aggravated assault.  Why wasn’t he identified then?

Where was Michael Harvey between November 1985 and May 1998, after he already had a record, before he was first arrested for a sex crime?  Where was he between September 1999 and February 2003, after he was convicted of one sexual assault, sternly scolded for a whole 16 months, then cut loose again?  Where was he between June 2003 and his arrest in 2008 for the murder he was linked to in 2005?

Where was he in 2005, when he was identified as Valerie Payton’s murderer but not officially charged for three more years?

Somebody screwed up.  Why does nobody care?

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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.

I lived a few blocks east, in Cabbagetown.  On Fridays, I avoided gardening in my front yard because the men with Cobb County plates were trolling the streets, picking up emaciated prostitutes.  Some of the prostitutes jerked and twitched as they walked from cocaine-induced tardive dyskinesia.  Anyone who believes prostitution is a victimless crime is an intellectual buffoon.  The wives of the Johns were certainly victims.  There was a mother-daughter team jumping in and out of cars on my street corner: the daughter didn’t wear shoes.  She looked like she weighed about 75 pounds.  Her arms and legs were a constellation of bruises and sores.  What were those old men from the suburbs thinking?  She could be their granddaughter.  She was visibly sick.

By 1990, when I moved in, Wayne Williams had been sitting in prison for nearly a decade.  The cameras had gone elsewhere, and the money, too: politicians like Maynard Jackson and Arthur Langford (curious story, that) had sucked up the cash decent people sent to Atlanta to help the murder victims and long ago moved onto the next gravy train.  Eight female prostitutes dead in Reynoldstown didn’t attract much attention outside the police, who, contrary to stereotype, were actually the only people who gave a damn about the deaths.  Police, relatives, and local people — they knew who had children, and who went missing, and who had been a nice teenager before she got hooked on drugs.  On the other side of town, both female and transvestite male prostitutes were getting killed.  The transvestites were getting shot in the head: the women were mainly strangled or beaten to death.  If I remember correctly, if this particular murder didn’t occur later, one of the female victims was found strung up from a tree in a graveyard.  I went looking for more information about the transvestite killings and found only this blog post by “atl-Steve,” who lists nine of the Atlanta transvestite murders, eight between 1990 and 1992, seven shot in the head.  There were probably several serial killers preying on people in Atlanta at that time.  The drugs and the prostitution gave them extremely easy access to victims.  Life was extremely cheap.

One of the stories that circulated was about a Mr. X: in 1994, a woman’s body was found with a note that said: “I’m back in Atlanta, Mr. X.”  The woman was a prostitute, and she had been strangled.  This morning, in the Atlanta Journal Constitution, there is a story about the upcoming trial of Michael Harvey, who is linked to her murder through DNA.

That’s where the story stops making sense.

Michael Darnell Harvey: Mr. X

The newspaper is reporting that Michael Harvey was linked to the murder through DNA in 2005 and arrested in 2008.  It isn’t clear why it took three years to arrest him.  Was he on the run?  Was he being held on other charges?  It doesn’t say.  But it seems to me that if the police had been looking for him all this time, somebody would have said that.  And if he had been in custody in Fulton county pending charges after the DNA match, somebody would have said that.

Because the alternative is so extremely disturbing.  The alternative is that Michael Harvey was identified as a murderer, likely a serial killer, in 2005, and then nobody did anything about it for three years.  In the age of DNA, that can’t possibly be true, can it?  I hope I am missing something here.

Since 2000, all felons sentenced to state prison in Georgia have had to provide DNA samples to the state, to be added to a DNA database.  That law was passed thanks largely to recently deceased feminist activist Vicki McLennon and Lt. Governor Mark Taylor, and it has solved many sex crimes and saved lives.

In 2002 or 2003 (it isn’t clear from the state database), Michael Harvey was convicted of an aggravated assault in Fulton County.  The crime occurred August, 2002.  He was sentenced to six months and spent February to June, 2003, in state prison.  At that time, he should have given the state a DNA sample.  He also had a prior false imprisonment and attempted sexual assault conviction on his record.  Wouldn’t the DNA from anyone with a sexual assault conviction be  carefully checked for other sexual assaults?  In any case, if the law was followed, Harvey gave the state a DNA sample no later than June 2003.  His DNA was matched to a stranger serial murder in 2005.  He was charged with that murder in 2008.

So somebody has some questions to answer:

  • If he was in fact released, why was Michael Harvey, a convicted sex criminal, released from prison in 2003 without his DNA sample being entered into the state database?
  • Why wasn’t he arrested and charged with murder in 2005, when the GBI linked his DNA to a serial murder?
  • Why did it then take three more years to charge him with the crime?  Is this a screw-up that should be laid at the feet of Fulton County District Attorney Paul Howard?

And some larger questions:

  • Was he really convicted only of aggravated assault in 2002/3, or was that a sex crime charge pled down to mere assault by some willing prosecutor and judge?  Were any other convictions actually sex crimes that got pled down, too?
  • Why did Michael Harvey get only three years for attempted rape and false imprisonment in 1996?  Three years for trying to rape a woman?  Nice.
  • Why didn’t the state of Georgia bother to take a DNA sample from Harvey when he was convicted of rape in 1996?  DNA was being widely used by then, and as a sex offender, Harvey probably had to provide a sample, even though the state law requiring DNA of all felons had not yet been passed.  Did he give the state DNA?  Why wasn’t it tested, if it wasn’t tested?  Is that sample one of the thousands shelved and forgotten by a criminally careless criminal justice system?
  • Does Michael Harvey’s DNA match any other crimes, especially crimes committed since the state last cut him loose?

Here is Harvey’s prior conviction record:

CASE NO: 130362OFFENSE: NOT AVAILABLE
CONVICTION COUNTY: CONVERSION
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: NOT AVAILABLE

CASE NO: 130362OFFENSE: NOT AVAILABLE
CONVICTION COUNTY: CONVERSION
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: NOT AVAILABLE

CASE NO: 130362OFFENSE: BURGLARY
CONVICTION COUNTY: FLOYD COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: 2 YEARS, 0 MONTHS, 0 DAYS

CASE NO: 130362OFFENSE: THEFT BY TAKING
CONVICTION COUNTY: FLOYD COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: NOT AVAILABLE

CASE NO: 130362OFFENSE: THEFT MOTORVEH OR PART
CONVICTION COUNTY: FLOYD COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: NOT AVAILABLE

CASE NO: 130362OFFENSE: THEFT MOTORVEH OR PART
CONVICTION COUNTY: FULTON COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: 6 YEARS, 0 MONTHS, 0 DAYS

He spent four years behind bars for these crimes, October 1980 to November 1984.  A long time for motor vehicle theft.  And that burglary: was it really just burglary?

CASE NO: 176538OFFENSE: NOT AVAILABLE
CONVICTION COUNTY: CONVERSION
CRIME COMMIT DATE: 09/07/1984
SENTENCE LENGTH: NOT AVAILABLE

CASE NO: 176538OFFENSE: CRMNL INTERFERE GOVT PROP
CONVICTION COUNTY: HABERSHAM COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: 1 YEARS, 0 MONTHS, 0 DAYS

CASE NO: 176538OFFENSE: simple battery
CONVICTION COUNTY: HABERSHAM COUNTY
CRIME COMMIT DATE: N/A
SENTENCE LENGTH: NOT AVAILABLE

He appears to have served nine months for these crimes, February to November 1985.  Then the Atlanta killings began.

CASE NO: 392286

OFFENSE: FALSE IMPRISONMENT
CONVICTION COUNTY: FULTON COUNTY
CRIME COMMIT DATE: 08/08/1996
SENTENCE LENGTH: 3 YEARS, 0 MONTHS, 0 DAYS

CASE NO: 392286

OFFENSE: AGG ASLT W INTNT TO RAPE
CONVICTION COUNTY: FULTON COUNTY
CRIME COMMIT DATE: 08/08/1996
SENTENCE LENGTH: 3 YEARS, 0 MONTHS, 0 DAYS

CASE NO: 392286

OFFENSE: AGG ASLT W INTNT TO RAPE
CONVICTION COUNTY: FULTON COUNTY
CRIME COMMIT DATE: 08/08/1996
SENTENCE LENGTH: 3 YEARS, 0 MONTHS, 0 DAYS

He appears to have served 1 year, 4 months in state custody for this crime, from May 1998 to September 1999.  He probably served some of his sentence in county custody prior to being transferred to state prison.  But his DNA, if it was sampled, was never checked against other rape and rape-murder cases in Fulton County while they still had him behind bars.  Come on, folks: 1999?  Unsolved rape-murders?  There’s no excuse.

CASE NO: 515573OFFENSE: AGGRAV ASSAULT
CONVICTION COUNTY: FULTON COUNTY
CRIME COMMIT DATE: 08/18/2002
SENTENCE LENGTH: 0 YEARS, 6 MONTHS, 0 DAYS

He served February – June 2003 in state custody for this crime.

2005: Harvey’s DNA is matched to the 1994 murder of Valerie Payton.

2008: Harvey is charged with Valerie Payton’s murder.

~~~ ... 

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Thanks to Modern Sex Offender Registries and DNA Databases, A Rodney Alcala Would Not Succeed Today

Today, the lead story on all my local news stations was about a Schizu named Tuchi who saved his family from a house fire by barking incessantly at the flames.  Dog-saves-family-from-fire stories are always popular.

Not so popular, at least to the media?  Stories about how registering sex offenders saves lives.  There is only one story to be told about sex offender registries, according to the fourth estate, and that story is how registries viciously destroy men’s lives when all they did was commit one little sex crime and must now live forever under the cold eye of the state.

The corrective to such thinking is always just under the reporters’ noses, but most never seem to suss it out.  Rodney Alcala is one such corrective, but once you get past the fact that Alcala has a giant IQ and funny hair and was once a contestant on The Dating Game, the media (with one significant exception) seems to have lost interest in any lessons that might be learned from his long and shocking criminal career.

For the L.A. Times, studied incuriosity is understandable: after all, they literally allowed Alcala to operate under their noses — in their offices — after he’d racked up an incredibly horrifying, publicly recorded sex crime record.  I’d be busy changing the subject, too.

But what about everyone else?  Alcala is a poster boy for the efficacy of registering sex offenders and other demonstrably violent criminals.  Here is a guy who went from raping and trying to murder an 8-year old in California to working as a camp counselor in New Hampshire while spending weekends in New York killing socialites.  Sure, he did it under an assumed name, but when you combine fingerprinting and national registries and DNA database sharing, you come up with a pretty compelling explanation for the sharp reduction in sex crimes over the past twenty years.

And when you don’t bother to do these things right, what you get is a trail of raped and murdered women, from places like Venice (Florida) to Bradenton, precisely where I once tried, and failed, to prevent a similar trail of women’s bodies, eighteen years ago.

Things are better today.  But they won’t stay that way if we don’t recognize and acknowledge innovations that have actually lowered the crime rate.  Powerful, well-funded, pro-offender activist groups are always working to roll back the clock on things like DNA databasing and minimum mandatory sentencing and three-strikes laws and sex offender registration, and, sadly, they’ve got most of the print media yipping their agenda like so many toy poodles.

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Rodney Alcala’s Criminal Appeals: Is Alcala Smart, Or Is The System Stupid?

Much is being made about Rodney Alcala’s allegedly superior intelligence. I don’t buy it any more than I buy it when defense attorneys wave a piece of paper in the courtroom and claim their client is mentally challenged and thus deserves a break.  It’s just theater.  Alcala’s a haircut with cheekbones: his IQ, whatever it might be, matters far less than the pro-offender sentiments of the era when he was first tried, and re-tried.

It certainly didn’t take a rocket scientist to play the California criminal justice system for a fool back in the 1970’s.  Unfortunately, in many ways, the same is still true.

Here are ten specific breaks the system gave Alcala, breaks that either enabled him to add to his body count or torment the families of his victims.  Such breaks weren’t reserved for serial killers with MENSA memberships, which is why places like L.A. were so fatal for all sorts of women.

How fatal?  Seven, or fifty, or even 100 women and girls, depending on how much evidence Alcala provides and the police uncover with the massive public appeal for assistance now underway.  Again, I have to ask: why weren’t these pictures distributed to the public decades ago?  Why were families forced to sit in limbo while authorities had hundreds of photos linking a known sadistic rapist and murderer to scores of unidentified women and girls?  I’m sure the police, given adequate resources, would have worked these cases.  But we’ve never given police adequate resources.  We still don’t charge even serious offenders with the totality of their known crimes.

Still it’s a tribute to reformers that some (though not all) of these fatal justice system errors would not occur today.

#1: Judicial Leniency, Indeterminate Sentencing Sets a Killer Free, 1971

Rodney Alcala was 25 in 1968, when he was caught in the act of raping and beating an eight-year old child to death.  That’s a chilling number, 25.  Kidnapping from a public place, the brutality of the rape, the extreme violence — all are hallmarks of an experienced, brazen killer who had escalated his behavior long before that crime.  If Alcala conformed to typical patterns (and there’s no reason to believe he did not), he probably started sexually victimizing girls and women around the time he reached puberty, a full decade before he attacked “Tali S.”  That’s potentially a lot of unnoticed crimes:

His first known attack was in 1968, when he abducted a second-grade girl walking to school in Hollywood, using a pipe to badly bash her head and then raping her — only to be caught red-handed because a Good Samaritan spotted him luring the child and called police. When LAPD officers demanded he open the door of his Hollywood apartment on De Longpre Avenue, Alcala fled out the back. Inside, police found the barely-alive, raped little girl on Alcala’s floor. It took LAPD three years to catch the fugitive Alcala, living under the name John Berger in New Hampshire — where the glib and charming child rapist had been hired, disturbingly, as a counselor at an arts-and-drama camp for teenagers.

Attempted murder, plus kidnapping, plus rape of a child, plus absconding.  Seems like he’d never see the light of day again.  Unfortunately, for future victims at least, pro-offender psychologists and other activists had so infiltrated the criminal justice system in California that the horror of Alcala’s crime was ignored by the courts.  From the moment he appeared in some California judge’s courtroom, he ceased to be a (failed) killer and child rapist.  He became a client and recipient of social services, a victim needing guidance, rehabilitation, “education,” and counseling.  It’s a soul-sickening travesty, one that deserves more exposure:

When Alcala was caught hiding out under the assumed name Berger on the East Coast [in 1971], a conviction for brutally raping a child in California was not a guarantee of a long prison sentence. California’s state government of that era had embraced a philosophy that the state could successfully treat rapists and murderers through education and psychotherapy.  The hallmark of the philosophy was “indeterminate sentencing,” under which judges left open the number of prison years to be served by a violent felon, and parole boards later determined when the offender had been reformed. Rapists and murderers — including Alcala — went free after very short stints. He served a scant 34 months for viciously raping the 8-year-old, who is known in official documents only as “Tali” . . . Deeply controversial, “indeterminate sentencing” was ended by then-governor Jerry Brown. But by that time, Alcala was free. . . . Retired LAPD Detective Steve Hodel, who investigated Alcala’s rape of Tali, recalls, “My impression was that it was his first sex crime, and we got him early — and society is relatively safe now. I had no idea in two years [he would be out] and continue his reign of terror and horror. I expected he was put away and society was safe. … It is such a tragedy that so much more came after that.”

“Education and psychotherapy.”  For raping and trying to kill a little girl.  It is important to understand that these highly educated “experts” were not simply trying to grope towards to some psychological discoveries that would only be discovered later.

Knowledge that murder is bad, for example, pre-dates 1971.

As I’ve written previously, I believe Alcala would have received a more severe sentence if he had just bludgeoned the little girl, instead of raping her and bludgeoning her.  I suspect the rape actually acted as a mitigating factor, turning him into a victim in the eyes of the people empowered to run our courts.  For when a prison psychiatrist found him “considerably improved” and ready for release less than three years after being convicted of attempted murder and child rape, that psychiatrist was undoubtedly referring to the fad psycho-sexual therapies in use at the time — and still being promoted by many academicians and practitioners today.  Like Dr. Richard Rappaport, Associate Clinical Professor of Psychiatry, UCSD Medical School, San Diego, who testified in Alcala’s most recent trial that Alcala should not be held responsible for serial sex murder because he just can’t help enjoying . . . sexual murder.

#2: Parole Board Leniency, 1974

It takes two to tango: a judge who refuses to hold a sick predator responsible for his crime by giving him an indeterminate sentence, and then a parole board that decides the “rehabilitation’s taken.”  Who served on that parole board in 1974, the one that decided to cut Alcala loose?  I’d love to see the transcript.  If anyone would send it to me, I’ll post it.  This wasn’t some gray-area first offense.  I wonder why the media hasn’t sought out these people and asked them why they let Alcala go.  As public servants, the parole board members should feel obliged to revisit such a devastating error.  A year’s worth of such decisions would make interesting reading — and yet one more interesting corrective to mythic beliefs that our country is too harsh on criminals.

#3: Prosecutorial/Judicial Leniency, Not Believing a Victim, Failure to Punish Recidivism, 1974

After the parole board cut him loose, it took Alcala two months to get caught with another child.  Two months.  Or, possibly, less:

In 1974, two months after he got out of state prison, Alcala was found at Bolsa Chica State Beach with a 13-year-old girl who claimed he’d kidnapped her. He was convicted only of violating parole and giving pot to a minor, however . . .

A convicted, violent, child rapist is found with a 13-year old girl who tells police she has been kidnapped.  What happens next?  Somebody doesn’t believe the child.  Who?  The judge?  The prosecutor?

#4: Parole Leniency, 1977

Alcala served another short sentence, and was apparently declared “re-reformed.”  Then a parole officer cut him some breaks.  It makes you wonder: was there anyone, anywhere in California’s criminal justice system, outside police themselves, who harbored a negative attitude towards violent offenders?

[T]wo years later, upon his second release from prison, the law went easy on Alcala again. His parole officer in Los Angeles permitted Alcala, though a registered child rapist and known flight risk, to jaunt off to New York City to visit relatives. NYPD cold-case investigators now believe that one week after arriving in Manhattan, Alcala killed the Ciro’s nightclub heiress Ellen Hover, burying her on the vast Rockefeller Estate in ritzy Westchester County.Orange County Senior Deputy District Attorney Matt Murphy, who hopes during the current trial to put Alcala permanently on death row for Samsoe’s 1979 murder and the slayings of four women in the Los Angeles area, says: “The ’70s in California was insane as far as treatment of sexual predators. Rodney Alcala is a poster boy for this. It is a total comedy of outrageous stupidity.”

#5:  Social Leniency, 1977 – 1979: The Polanski Effect

It really does take a village.  Between the time Rodney Alcala was released from prison on his second child offense charge, and when he was captured after the murder of 12-year old Robin Samsoe, it seems that nobody he encountered (outside the police) felt it was right to judge him for — oh, little transgressions like trying to murder a young child he was raping, or being a suspect in several other murders, or being investigated in the Hillside strangler cases, or ending up on the FBI’s Ten Most Wanted list.  Surely, FBI agents and other detectives approached Alcala’s co-workers and employers when he was being investigated for these crimes; surely his family and friends and professional acquaintances knew about the rape and beating of the 8-year old child.

So why did the L.A. Times choose to hire him anyway?  Why didn’t his supervisors there act on the knowledge that he was circulating his home-made child porn to co-workers?  Why did the Dating Game producers allow a child-rapist on their show?  Why did Alcala have such success in high-end social circles, in the art world, and with celebrities such as Roman Polanski?  Well, that one’s pretty easy to answer.

Was Alcala’s social success, in fact, based on his status as a “sexual outlaw,” being “persecuted by the pigs”?  Such was the argot in newsrooms and art circles, after all.  Funny how all the people who knew him then are so tight-lipped now: it sounds as if he really got around, between slaughtering young women:

1977  Ellen Hover, Jill Barcomb (18), Georgia Wixted (27)

1978  Charlotte Lamb (32), Monique H. (15), Jill Parenteau (21).  And more to come.

#6: Yet More Judicial Leniency, and Help From Mom, 1979

Another kidnapping and rape, another lost chance to get Alcala behind bars.  The police catch ’em and the courts let ’em go, leaving two more girls dead.  This type of behavior from the bench, sadly, continues today:

Alcala’s alleged reign of terror might have been halted in early 1979, when a 15-year-old hitchhiker called police from a motel in Riverside County to report she had just escaped from a kidnapper and rapist. Although Riverside police quickly charged Alcala with kidnapping and rape, a judge set his bail at just $10,000, paid by his mother. While free, police say, Alcala killed 21-year-old computer keypunch operator [Jill] Parenteau five months later in her Burbank apartment. The killer cut himself climbing through her window, and prosecutors now say Alcala’s rare blood type has been matched to the blood remnants.  Six days after Parenteau’s slaying, Robin Samsoe disappeared, a child-snatching that sent fear rippling through safe, quiet Southern California communities. Samsoe’s friend Bridget told police the two swimsuit-clad girls were approached that day by a photographer who asked if he could take their pictures. The man was scared off by a suspicious neighbor, but shortly after that, Bridget lent Samsoe her yellow bicycle so that Samsoe could make it to ballet class. Samsoe was never seen again.  Detectives circulated a sketch of the mysterious photographer to the media, and a parole officer recognized his parolee Alcala. Twelve days after she vanished, on July 2, 1979, Samsoe’s skeletal remains were found by U.S. Forestry Service rangers. Alcala was arrested on July 24 at his mother’s house in Monterey Park.

#7:  Criminal Appeals, 1984

Alcala was found guilty of murdering Robin Samsoe in 1980 and was sentenced to death.  But that verdict was overturned in 1984 by the California Supreme Court.  The court found that the jury had been “unduly prejudiced” when prosecutors introduced information about about the rape and attempted murder of the 8-year old child in 1968.

Evidence of prior crimes is sometimes admissible at certain times, so long as the priors are materially similar to to crime being tried.  For instance, is raping and trying to murder an 8-year old girl at all similar to raping and murdering a 12-year old girl?  There’s a four-year difference in the ages of the victims there, and a higher success component on the whole “murder” thing.  I’m sure, however, that the California Supreme Court could not have overturned Alcala’s death sentence on such a frivolous distinction.  It must have been some other frivolous distinction.

#8: Criminal Appeals, 2001

This time, the 9th U.S. Circuit Court of Appeals got a piece of the action.  They decided that, because one witness’ testimony from a previous trial was read from the stand without the witness being in the room, the entire second trial, which doubtlessly cost hundreds of thousands, if not millions, of taxpayer dollars to re-try, simply had to be tossed out because of this.

What’s the matter with the 9th Circuit Court of Appeals?  Richard Posner says they’re just too large for their own good, with too many different justices thinking together, and he’s got a well-known large brain that thinks in perfect unison with itself.  Me, with my quotidian little intellect, I think they just never saw a serial killer appeal they couldn’t bleed for, since they don’t have to, like, literally bleed, like the victims.  Not a very elegant argument, I know, but maybe it would pass muster before the 9th U.S. Circuit Court of Appeals.

#9: Alcala’s Exclusive Access to the Courts, 1979 – 2010

With his denim pantsuit aesthetic and not-very-bright courtroom performances, Alcala doesn’t really present as a brain trust.  But he doesn’t need to be one.  And defendant can tie up the courts — and further devastate victim’s families — with frivolous lawsuits and endless appeals designed to catch certain activist judges’ eyes:

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. Alcala is still as cocky as ever — bold enough to represent himself in the trial for his life, now unfolding in Orange County. And why not? He has a talent for mining legal technicalities and has repeatedly enjoyed success with appellate judges.

Orange County prosecutor Matt Murphy likens Alcala to a video game villain that keeps coming to life and says that the appellate courts have hit restart on this real-life murderous villain’s rampage through the system. The families of the victims as well as those close to the investigation criticize the decisions as misguided political statements by justices who opposed the death penalty and ignored the facts of the case. For Murphy, who tried the latest Samsoe case, each decision to overturn stripped away more evidence from his arsenal against Alcala. And for Robin Samsoe’s family, the legal setbacks have altered the course of their lives, ripping through like aftershock upon aftershock following a devastating earthquake. . . Samsoe’s mother [Maryanne Connelly] spoke eloquently about the hardships she has endured in the 31 years since her daughter’s murder, waiting for justice that never came. . . Meanwhile, her daughter’s killer has spent most of his life in prison, and has perfected the art of working the system to his advantage, filing lawsuit upon lawsuit when he felt his rights were violated while in custody – such as a civil suit against an investigator who did not respond to a request for discovery within 10 days. In fact, a contempt case against the Orange County Jail is still pending. . . Connelly wonders where her rights were, while the man who killed her daughter became comfortably institutionalized. This inequity has become the rallying cry of all the victims’ families, as well as victim’s rights advocates, who say the system has coddled a vicious killer while failing victims’ loved ones.

If the victims’ families had the same rights as Alcala, they could sue him for mental cruelty.  Where such a trial could be held is a difficult question, because his co-defendant would be the justice system itself.

#10: Turning the Courtroom into His Last Killing Field, 2010, and Beyond

“He was blowing kisses at me across the courtroom, and I thought I was going to lose my mind,” Connely said. “And I thought I was going to go crazy, you know. And I reached into my purse and I was going to grab it, you know, and I thought, ‘I can’t do this.'”

That’s Marianne Connelly, speaking recently about Alcala’s 1980 trial for the murder of her daughter: back then, she once brought a gun to the courtroom to shoot Alcala.  I doubt anyone would have blamed her then, and they certainly wouldn’t blame her now, after thirty more years of sitting in courtrooms watching Alcala toy with her, and other victims, for fun.

Where was the judge while Alcala was blowing kisses at his victim’s mother?  Did that judge feel his hands were tied, thanks to our perverse appeals system?  Or did he simply not care?  Why did he allow the defendant to behave that way?

This unique, public humiliation and torture of crime victims is one thing that has not changed in 30 years.  From the most recent trial:

Robin’s brother Tim Samsoe, 44, said the worst thing was watching Alcala perk up in court every time he got the chance to see old photographs of his alleged victims.  “You see the gleam in his eye,” said Samsoe. “He’s enjoying this again.”

According to prosecutors, Alcala always enjoyed torturing his victims:

[Orange County Senior Deputy District Attorney Matt] Murphy told the packed courtroom that Alcala took his time terrorizing his victims by choking them with his bare hands, waiting for them to wake up at least once, then strangling them again — sometimes using shoelaces or panty hose. “It is a staggeringly horrific way to die,” exclaimed Murphy. “There is ample evidence the women put up some resistance….He gets off on it. It was fun.”  Once they were dead, Alcala allegedly [he has since been found guilty] would then pose their bodies.

Now the only victims he has access to are the relatives of the women and children he killed:

Robert Samsoe, who was 13 when his little sister was slain, tells L.A. Weekly, “I don’t have any faith in the system. Some people, they are just afforded all the chances in the world. Alcala has cost the state of California more than any other person because of his lawsuits. And they treat him like a king. Everybody is walking on pins and needles around him.

Alcala dragged out his latest trial for weeks, representing himself, attacking victims, rambling on and enjoying himself.  If this judge felt he simply had no power to prevent such behavior, he should now take steps to do something about the warped system of which he is a part.  When is enough enough?

At the trial’s close, Alcala forced family members to listen to a recording of Alice’s Restaurant, a move that nearly drove one columnist to violence.  Frank Mickadeit, of the OC Register, wondered how family members could hold themselves back:

To make the family and jurors listen to somebody, even Guthrie, sing: “I wanna kill. Kill. I wanna, I wanna see, I wanna see blood and guts and veins in my teeth”? I guarantee you, that made nobody in the room think about how horrible Alcala’s death might be, as was apparently his intent. . . In all the years I’ve covered trials, I’ve never once wanted to personally wreak vengeance on a defendant. I can dissociate along with the hardest of professionals. But at Minute 50 on Tuesday, Murphy got me to go to that unprofessional place, where the father, brother and uncle lives.  I think it might have been one young woman’s morgue-photo – a head that was missing a third of its face because Alcala had bashed it away with a rock.  I stared hard at the back of Alcala’s tan sports coat, where the collar met the unruly mass of gray curls that cascades down his back (Arlo-like, if you must know), and I thought hard about that 15 feet between me and that thin neck. A cat-like leap, a bound, a forearm-lock, a snap – he’d never see me coming. The burly deputy sheriff between us would, though, so there was no chance even if I had indulged my momentary fantasy.  I looked to my left. Immediately across the aisle from me was Robert Samsoe, Robin‘s brother – roughly my age and size. He was wearing jeans, penny loafers and white socks, and I could see his right foot tapping nervously during these last 10 minutes of Murphy’s closing. The photo of another victim, her lower lip torn away, flashed up. Murphy hadn’t even begun recounting Robin’s death yet. . . Mercifully, there are no morgue photos of Robin, at least not in the sense that there are of the other murder victims. When they found Robin, just a skull was left – albeit a disfigured one from where Alcala had bashed in her teeth.  Robert Samsoe didn’t leap out of his chair and break Rodney Alcala’s neck, as part of me would have like to have seen.

Of course he didn’t.  The victims figured out long ago that they are not actually people, with human rights, including the right to dignity, in the eyes of the law.  The only person in that courtroom whose rights were being protected was Rodney Alcala.

It doesn’t have to be that way.

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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

~~~ ... 

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Jesus Wept

Vatican Declined to Defrock U.S. Priest Who Abused Boys

The Rev. Lawrence C. Murphy, with hands together, at St. John’s School for the Deaf in Wisconsin in 1960.

By LAURIE GOODSTEIN

Top Vatican officials — including the future Pope Benedict XVI — did not defrock a priest who molested as many as 200 deaf boys, even though several American bishops repeatedly warned them that failure to act on the matter could embarrass the church, according to church files newly unearthed as part of a lawsuit.  The internal correspondence from bishops in Wisconsin directly to Cardinal Joseph Ratzinger, the future pope, shows that while church officials tussled over whether the priest should be dismissed, their highest priority was protecting the church from scandal. . .

Read it here.

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Rapists, Child Molesters Treated With Most Lenience: Washington Examiner

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. ... 

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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

The bad news? Violent serial rapist Ali Reza Nejad was allowed to stroll out of prison after being convicted of two rapes, while his case worked its way through the ridiculous and expensive appeals process in Georgia’s horribly overburdened courts. ... 

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

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.  NorthJersey.com 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?

NorthJersey.com 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 NorthJersey.com 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.
 ... 

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

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.

~~~ ... 

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Killer Craig Wall Given $1000 Bail, Kills Again: When Prosecutors Act Like Defense Attorneys

Craig Wall

This guy, Craig Wall, a violent convicted recidivist felon, is a suspect in the murder of his five-week old son earlier this month.  The baby’s mother then received a restraining order on Wall, and when he violated it last week, he was arrested.  The investigation into the baby’s death — the fact that he was a murder suspect — should have been presented in court after his arrest.  But the prosecutor simply didn’t mention it.  Instead he offered Wall a plea deal, a small fine in exchange for pleading guilty.  Wall even rejected the plea (hey, why take halfsies if it’s clear that nobody is going to bother to hold you responsible for anything, anyway?).  He was granted bond instead — for $1,000 — also with the prosecutor’s blessing.

Then Wall walked out of the courtroom and killed his baby’s mother.

Who’s responsible?

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Outrage: How, Precisely, Did Delmer Smith “try to go straight”?

The Sarasota Herald Tribune, a newspaper with an addiction to excusing, or at least minimizing, the behavior of the most violent criminals, just did it again.

In a front-page story on Delmer Smith, the brutal South Florida serial killer and rapist charged with yet another woman’s death last week, the paper boldly asserts that Smith “tried to go straight” after his release from prison.  Did he, really?  Is there proof for this fascinating claim?  They don’t offer any: they just say it’s so.

Down here in the real world, Smith was committing extremely violent rapes within weeks of being released from prison.  Confronted with such facts, why would any newspaper leap to limning the silver lining of the rapist’s character?

Habit, I suppose.  In the moral universe of the SHT newsroom, all ex-cons are automatically presumed to be earnest practitioners of self-reform . . . until they’re not, and sometimes even after that.  In Smith’s case, the distance between the prison door and his first known violent attack is actually extremely short.  Released in October 2008, he attacked and beat a female jogger a few weeks later and then immediately committed a violent home invasion and sexual assault of two additional women.  Escalating attacks followed.

The Herald Tribune, however, doesn’t bother to mention this inconveniently compressed time-line.  How could they, and simultaneously resuscitate the beloved theme of felons and second chances?  It’s as if they laid all those brutalized women alongside a story they like to tell about crime and punishment — a story in which hope springs eternal for the rehabilitation of any criminal — and chose the story, over the reality.

They had little to work with, far less than a widow’s mite, but that didn’t stop them.  It’s Valentine’s Day Week, after all:

Delmer Smith III spent much of his life in prison before finally being set free in 2008. Upon his release he moved in with his wife in Bradenton, a woman 23 years his elder that he met as a prison pen pal.  For a brief spell, Smith, 38, seemed to be living within the law, seeking work as a personal trainer, a mechanic and at a grocery store.

Poor Delmer.  Such hopes and dreams.  If only society had been more welcoming to him, why, then, it might have taken him more than one holiday sales season to start raping and killing women.  You see, it’s all our fault.

The Tribune story is drawn largely from claims made by Smith’s geriatric jailhouse pen pal and ex-beau — you know, one of those pathetic women who seeks excitement, attention, and romance by getting involved with violent prisoners.  Women like this regularly cross the line from accommodating to abetting.  That, and the decision to shack up with violent felons in the first place, ought to make reporters wary, but it’s amazing what can be overlooked in the rush to non-judgment.  The Tribune allows this woman to prattle on, behind a veil of anonymity, about her romance with Smith on the same week another victim’s family has been forced to publicly re-live the murder of their wife and mother:

[Smith’s] wife — a 61-year-old woman who no longer lives in the area but asked that her name not be used for fear of retribution — first befriended Smith almost 10 years ago. Another inmate was writing to the woman’s friend and asked if Smith could contact the Bradenton woman by phone. A few days later, he called and their relationship took off.  Over the years, they wrote back and forth, including a Valentine’s Day card she still has. One day he called and proposed. She agreed and the woman says they had a ceremony in the penitentiary.

Their relationship “took off.”  She still has his Valentine’s Day card.  How touching.  I’m glad we all know that, because it sort of humanizes him, doesn’t it?

Given their track record (see here, here, and here), I’m actually surprised the Tribune didn’t go even farther — interviewing, say, a forensic psychologist for hire or a “re-entry” expert to offer up platitudes about how we all have to work harder to make offenders feel welcome once they’ve paid that pesky debt to society.  Meanwhile, the paper’s official antipathy towards all types of post-incarceration monitoring — expanded DNA sampling, registration lists, living restrictions –blinds them to the fact that, in the absence of such laws, Smith might still be on the loose.

No, you couldn’t possibly go off message (especially in a news story) and acknowledge that expanding the DNA database really does saves lives (when administered properly, that is).  Better to stick with the usual song-and-dance about ex-cons turning over new leaves, though it hardly fits the facts.   The reporter, and his editors, should apologize for this stomach-churning exhibitionism.

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Update on Delmer Smith: Another Murder By DNA Database Neglect

Delmer Smith (see The Guilty Project, here), who managed to get away with at least dozen extremely violent crimes before being identified because the F.B.I. didn’t bother to load his DNA into the federal database, is now being charged in the murder of Kathleen Briles.  Dr. James Briles found his wife’s body in their home.

Kathy Briles, mother of three, would be alive today if the government and our criminal courts bothered to prioritize the lives of victims with half the vigilance they direct towards the rights of offenders.  Pro-offender activists, who hammer away at every effort to monitor violent offenders who have been returned to the streets, are culpable too.

But nobody prioritizes victims, except the police.  Victims remain expendable.

Delmer Smith

Here is Dr. Briles:

MANATEE — Dr. James Briles finally got the chance to focus his rage on someone Thursday, more than six months after finding his wife bound, gagged and beaten to death in a pool of blood in the living room of their Terra Ceia home.

Manatee Sheriff Brad Steube announced that Delmer Smith III — already charged with beating and raping several women in their Sarasota homes — has been served with a warrant charging him with murder in the death of Kathleen Briles on Aug. 3.

Detectives say Smith, 38, bludgeoned the 49-year-old woman to death with an iron antique sewing machine, before stealing several items from the house.

After Steube told a room full of media of Smith’s arrest, Dr. Briles spoke on behalf of his sons, Calvin and Curtis, and daughter Kristen Venema, saying Smith deserves “no quarter.”

“Let me say a little bit about Delmer Smith,” said Briles, who found his wife’s body after returning home from work. “He is a coward, a sociopath and a punk. His sole purpose is to inflict suffering.”

Briles said Smith is not only in jail to protect the public from him, but to “protect him from us.” He spoke of his anger, and the horrifying discovery of his wife.

“Am I angry? Oh yeah,” he said. “You’d understand that if you saw what I saw when I came home.”

Good for him.  He’s got every right to be angry:

Investigators also believe Briles’ death might have been avoided, if not for a backlog in the entry of DNA samples into an FBI database.

The FBI had Smith’s DNA, taken while he was in federal prison on a bank robbery conviction. But since it had not been entered into the database, there was no match when Sarasota detectives last spring submitted evidence from four earlier home invasion attacks.

There wasn’t a match until after Smith was arrested for a bar fight in Venice, and after detectives asked the FBI to enter his DNA into the database.

And after Kathleen Briles was dead.

More coverage.

Part of the story here is police performance.  The cops came through when federal parole agents did not.  Venice Captain Tom McNulty (who also helped put my rapist away for good, after various judges and parole officials cut him serial breaks for two decades), was among investigators in two counties who made the cognitive leap to tie Smith to the home invasion crimes and hold him pending DNA analysis — after Smith was arrested in an unrelated bar fight.

Had that fight happened in any one of a thousand other jurisdictions, there is a good chance Smith would have walked away from jail and been free to keep committing crimes.

Delmer Smith is only one of several serial killers and rapists who have literally gotten away with murder thanks to lax sentencing, nonexistent parole, and failure to enforce DNA database laws — a systematic neglect of legal reforms that cost countless women their lives.  There’s John Floyd Thomas, suspected of killing some 30 women in Los Angeles — his first rape conviction was in 1957.  There’s Walter E. Ellis, who killed at least nine women, and managed to avoid detection because Wisconsin officials failed to bother to hold him responsible for submitting another inmate’s DNA as his own before releasing him from prison.

How many more Delmer Smiths are out there?  One is too many. ... 

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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.

It’s never over, as victims know, particularly when it comes to notorious defendants.  In the weird rubric of prisoner advocacy, the most heinous criminals attract the loudest cries for reconsideration.   Attention-seeking activists and lawyers seize on the worst of the worst to prove their own superior compassion, or to thumb their noses at society in the biggest way.  And so the garden-variety mugger must line up behind the child murderers and serial rapists.

Susan Sarandon won’t be playing your religious confessor in the Hollywood version of your life if all you did was steal a few cars, no matter how badly you feel about having done it afterwards.  Rape and murder a few kids, though, and she might come calling.

~~~

And that brings us to Wayne Williams. Thanks to the notoriety of the Atlanta Child Murders (at least those Atlanta child murders), Williams possesses all the best in serial killer accessories: a team of lawyers laboring (on our dime) to endlessly re-try his case; internet nuts issuing manifestos that nobody can ever really know if anybody is ever really guilty; miniseries and media attentions, breathless stories about DNA testing that disappear from the news when they fail to exonerate, and so on.

Wayne Williams ... 

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The Guilty Project, Kevin Eugene Peterson and Charles Montgomery: Two Sex Offenders Who Would Have Been Better Off Behind Bars

genthumb

Early release is going to be a disaster. It would be less of a disaster if the public had access to the real criminal histories of the people being released.  But we’re being kept in the dark: nobody wants to admit the chaos in criminal record-keeping.

Kevin Eugene Peterson

Already, someone has been cut loose on the pretense that was merely a non-violent offender, when he was not.  He immediately tried to rape a stranger.  How immediately?  A few hours.  Expect more of the same:

Kevin Eugene Peterson, who was released from the Sacramento County Main Jail around 11:30 p.m. Monday, was arrested by Sacramento police around 12:30 p.m. Tuesday after he allegedly attempted to rape a female counselor at Sacramento’s Loaves and Fishes on North C Street.

Peterson qualified for the early-release program, supposedly restricted to non-violent offenders, because his latest arrest was for violating parole on an earlier felony: assault with a deadly weapon.  Get it?  He should have still been in prison for the felony weapon charge, but because they let him go early to save money, once he got sent back to prison for breaking the law again, he was classified non-violent, rather than counting the parole revocation as a reinstatement of his previous sentence.

Most people assume that revoking parole means reinstating the person’s original sentence.  That is, after all, what we are told about the parole process.  We’re not told the truth, apparently.

So by failing to abide by the law the last time he was released, Peterson got himself to the head of the line to be released early a second time.  Now a woman has been abducted and terrorized.  Authorities say their hands are tied, however, because they are bound by the rules that classified Peterson as “non-violent”:

Peterson was one of 121 non-violent inmates released from Sacramento detention Monday and Tuesday after the state penal code was re-written as a cost-saving measure.  About 250 inmates were expected to be let free by week’s end.  While good behavior traditionally could cut up to a third of a California jail inmate’s sentence, the new law passed by the state Legislature last year mandated county jail inmates with good behavior be set free after serving only half of their sentenced term.  While all of the inmates considered for early release are non-violent offenders, Peterson was originally arrested in August 2007 in south Sacramento on a felony assault with a deadly weapon.  However, since Peterson served that sentence and was sent back on a non-violent probation violation in December, he was eligible for early release.  Also, the assault with a deadly weapon charge did not result in great bodily injury to the victim, nor did that attack include the use of a fire arm.

More loopholes: because Peterson failed in his effort to do “great bodily harm” to someone, and the “deadly weapon” he used was something other than a gun, the great whirling roulette wheel of justice eventually slotted him out as a non-violent offender.  There are a million such loopholes in our sentencing laws, not to mention the giant classificatory loophole that is plea bargaining.

Which raises a serious, though entirely neglected question: how many of these other “non-violent” offenders slated for release, or released already, are actually violent felons?

When politicians promise that only non-violent offenders will be allowed to walk free in these cost-cutting schemes, they’re lying.

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