Murderabilia

by Andy Kahan

Victim Advocate City of Houston

In the fall of 1999, I was perusing through a New York paper when I came across a small news brief that stated serial killer Arthur Shawcross’ art privileges were rescinded because officials found he had artwork for sale on eBay. I immediately went over to eBay and clunked in a search for 'serial killers' and items came pouring out. Like most rational thinking individuals I was under the false impression that it was illegal to commit some of the most diabolic crimes and then be allowed to profit off them.

I was wrong.

I contacted eBay officials who politely advised me, "We are not the morality police and as long as it is legal, we have an obligation to offer it to our customers and if you don’t like it, feel free to do something about it."

So I did.

Most Americans have heard of Son of Sam Laws that were enacted to prevent convicted criminals from selling their rights for books and movies. What most Americans are not aware of is that in 1991 a little known court, The United States Supreme Court, overturned New York’s law under the guise that it violated free speech rights because it singled out profits from expressive works. The Supremes advised the states to go back and revise their statutes. Most states ignored their suggestions making their statutes ripe for challenges.

Strangely enough serial killer David Berkowitz, for whom the Son of Sam Laws were named after, never made a dime. And in an even more bizarre twist, he has become one of my most trusted allies in my war against murderabilia.

Recent challenges to Son of Sam Laws have all come out in favor of, you guessed it, convicted criminals. Some of you might recall that Frank Sinatra, Jr. was a kidnap victim in the 60’s and his two kidnappers were convicted, served their time and released from prison. Several years ago, Columbia Pictures offered the kidnappers almost half a million dollars for the rights to their story entitled, Snatching Sinatra. Sinatra Jr. sued under California’s statute and the State Supreme Court ruled in favor of Columbia Pictures and the two kidnappers, thus overturning California’s Son of Sam Law.

We all probably remember former school teacher Mary Kay LaTourneau, who in reality is a convicted child molester. You will be happy to know that the Washington State Supreme Court overturned the Judge’s order barring her from selling her story for books and movies.

Some recent cases in the news indicate that the so called Barefoot Bandit and former Detroit Mayor Kwame Kilpatrick (both convicted felons) are receiving hefty book deals with the intentions of proceeds being used to pay court ordered restitution. I’ll believe it when I see it.

Going back to eBay, you might be pleased to hear after a two year battle they finally relented and sent out a press release stating, “They will no longer allow the sale of 'murderibilia' out of respect for victim’s families." Coincidentally, the press release was released several weeks before a segment on murderabilia was to air on ABC’s 20/20. Timing was merely coincidental according to eBay officials.

Dealers that once plied their trade on eBay now had to set up shop on their own. Currently there are five to six dealers peddling their wares on internet websites. Top selling items range from serial killer artwork, letters, autographs, worn clothing and, yes, even hair and fingernail clippings.

In the ensuing years of the decade old battle to curb this rather despicable insidious industry, I have encouraged states to enact what is now commonly called, “Notoriety For Profit Laws.” Unlike Son of Sam Laws, NFP does not restrict free speech, or as I like to put it,  you can paint, draw, write, scratch, sniff or whatever - you just don't make any money off of the ill-gotten notoriety you achieved by murdering people.

As a board member of the Houston Chapter of Parents of Murdered Children, I can unequivocally state that the legal sale of items connected to killers is like being gutted all over again by our criminal justice system. It is the most nauseating and disgusting feeling to find out the person who murdered one of your loved ones now has items being hawked by third parties for pure profit.

Recently, a seller offered up scoops of dirt from Ohio serial killer Anthony Sowell's home where he murdered eleven women. Last year, a seller stooped as low as one can get in the bizarre industry of murderabilia by auctioning off dirt from the grave site of murder victim James Byrd Jr. One might recall that Byrd was dragged to his death by white supremists. The seller even offered up pavement from the road where his broken body was dragged. Years back a seller offered a signed t-shirt by one of the killers. New York serial killer/rapist Arohn Kee was peddling 'Rape Cards' in which he included explicit descriptions of his sexual attacks and how taunted his victims, including tell one of them that she was "lucky" to be attacked by such a handsome rapist.

Even public documents are not immune from being sold from the talons of the vultures. Whoops, I meant dealers. The jury list for Florida's infamous Vampire Killer, which included names of prospective jurors and their contact information, were even sold. The autopsy report of murder victim Nicole Brown Simpson is routinely auctioned off. Death certificates of high profile victims and murderers, including Timothy McVeigh, are also for sale in this macabre so-called business.

For some inexplicable reason, a bipartisan federal bill sponsored by Texas Senator John Cornyn and Minnesota Senator Amy Klobacher in 2010 has yet to be granted a hearing. From my perspective a federal law is necessary mainly because for the most part sellers are obtaining their products via US Mail; hence making it Interstate Commerce.

So despite our best efforts, the murderabilia industry continues to thrive, even though most rational thinking Americans would readily agree that no one should be able to rob, rape and murder and then make a buck off of it. Our society has to ask itself how far we are willing to allow so-called free speech to go. But as much as we believe in First Amendment rights, can we legally draft statutes that will be able to withstand constitutional mustard while also restricting convicted felons from profiting off of their crimes?

Angel Rescendiz Ramirez better known as the 'Railway Killer' succinctly put it to a reporter one day when he stated "I'm famous now, and if someone wants to buy my autograph or artwork, so be it."

It's time to draw the line and reign in this so-called industry that re-victimizes victims all over again.

photo credit: amayzun

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Victoria's Secret

by Diane Fanning

“There are two people in there and one of them is kind. But once a person commits a crime, the world doesn’t want to give them a chance.”

That’s what Victoria Zubcic, a bail bondswoman from Missouri, told an Associated Press reporter about the serial killers she has known.

Oh, please. Tell Katy Harris’ family about the kind side of Tommy Lynn Sells (above left), the man who slit their 14-year-old daughter’s throat. Tell the parents of 10-year-old Jack Blake that they should give Arthur Shawcross (pictured right) another chance.

Victoria is promoting her self-published book, 13½, about serial killer Tommy Lynn Sells. She says that she and Sells are friends but she hides her true identity behind the pseudonym Tori Rivers. But I know Victoria’s secret—the fact she neglects to mention during interviews.

On November 3, 2006, Victoria walked into the courthouse in Polk County, Texas and purchased a marriage license naming Tommy Lynn Sells, Death Row resident, as her future husband. (At left, the happy couple have their first barrier-free visit at the Val Verde County Jail in February 2006.)

Although Victoria wrote a couple of chapters in this short book, most of it is a prolonged rant from Tommy Lynn Sells. She corrected his grammar and spelling but she let his potty mouth run free across every page. She allowed him to rewrite history in a disgusting manner that is inconsistent with crime-scene reports, witness statements, and forensic analysis.

She enabled Sells to spout self-serving lies that vilify his victims and blame them for his crimes. He distorted facts and twisted the truth. He used the book as a forum for petty revenge. When not imprisoned, he killed to get even for perceived slights. Now that he can’t physically attack those who angered him, he fights with the only weapon he has—lies.

He related an incident where he lost his temper with an FBI agent. He changed the story, though, making the agent an ignorant jailer who made less money than “a kid flipping burgers.” In his version, Sells battered the man until he “screamed like a bitch.” In reality, Sells was brought up short before he could do much more than bluster.

He also insulted the woman who fought back when he attacked her. She put him in the hospital for two weeks before he went to jail for five years. He claimed that the rape was consensual sex. He made derogatory remarks about her personal hygiene. He insisted he was being a nice guy when she attacked him as he emerged sparkling clean from the shower. He then said he fought for his life, slamming her head into the wall before he ran away. He doesn’t bother to mention the bloodied piano stool he broke in two when he bashed her in the head or the stab wounds he inflicted on her body.

He often bragged about having sex with women, painting himself as quite the cocksman. He claimed that even when he was sexually assaulting victims, he was giving them pleasure. Experts, however, feel that Sells had problems with performance—that he was often sexually incompetent—explaining why he often brutally raped women with objects like baseball bats and tools.

But, according to him, most of his victims enjoyed his attentions and had no moral character at all. Since they are dead, they cannot contradict him. How convenient for Tommy.

He also used this opportunity to attack the justice system, claiming that although he did murder his last victim, he did not sexually assault her and, therefore, should not have gotten the death penalty. He argued, too, that he is mentally retarded and it is illegal to execute him. He repeated many of his silly, oft-told lies about people in law enforcement, the courts, the legal profession, writers, television producers—anyone he’d encountered who didn’t present his story the way he wanted it told.

Victoria said she changed the names of the victims to protect them from further pain. She did that in all but one case—the murder of Katy Harris. Oddly, it was the only homicide story she told that actually bore a resemblance to reality. And in that case, she used everyone’s real name. I don’t think she was trying to protect victims. I think she was trying to hide the lies. Did Sells manipulate her into believing his version of reality? Or was she a willing accomplice in perpetuating his falsehoods? We may never know.

We may also never know anything about the financial arrangements between Vicki and Tommy. But what are the odds that every book sold puts money into Sells’ prison bank account?

In fact, I hesitated to write this blog because I was concerned that the publicity might encourage some people to buy the book. But then I realized, there are more of you out there who would not make a purchase if you knew of this special relationship between the brutal killer and the author.

And just for the record, I did not buy a new copy of this book. I bought a used copy and made sure it was not being shipped from Missouri. I wanted to make sure that not one penny of the price I paid went to Tommy Lynn Sells.

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