Showing posts with label Dick DeGuerin. Show all posts
Showing posts with label Dick DeGuerin. Show all posts

Wednesday, August 26, 2009

CSI and Me

by Kathryn Casey

A few years back, I sat across a desk from Henrico Police Captain Jan Stem in his Richmond, VA, office, talking about the Piper Rountree case. Rountree (photo left), a Houston attorney, was charged with murdering her ex-husband, University of Richmond professor Fred Jablin (with Piper in photo right below). It was a particularly violent conclusion to a War-of-the-Roses-style divorce, two years of domestic warfare. Rountree hadn’t liked the outcome of the divorce; a self-envisioned super mom, she’d lost custody of the couple’s three kids. The police figured that she’d attempted to right what she perceived as a great wrong by ambushing Jablin in the family driveway while their kids slept upstairs in the house.

Yet another example of how motherly love can go tragically askew.

Talking with Stem that day, it was obvious that the evidence against Rountree relied heavily on such modern-day devices as cell phones and the Internet. It got me thinking about how many of the cases I now investigate rest on evidence unheard of when I started writing about crime fresh out of journalism school as a fledgling reporter for Houston City Magazine back in the eighties.

At the appropriate moment, I asked Stem, a middle-ager like myself, who’d been in the crime game for a couple of decades, to quantify for me how much the cop business had changed throughout his career. Stem ran a thick hand through his soft brown hair and frowned. Shrugging, he said, “Old fashioned police work is still important, but almost everything’s different these days.”

The case, the subject of my book Die, My Love (HarperCollins 2007) is fascinating, full of twists and turns and terror in the night. But that day in Stem’s office, another murder was on my mind as well, the first murder case I ever covered, the one we at Houston City called the “Piney Woods Love Triangle.” It happened in and around a small East Texas middle school, back in the mid-eighties. The victim, Bill Fleming, was a young football coach. The accused was none other than the principal, one Hurley Fontenot, a courtly man with an East Texas drawl. Both Fleming and Fontenot were married, and both had affairs with the school secretary, a pretty, dark-haired woman with a self-effacing manner, Laura Nugent.

There’s no doubt that the prosecution had a circumstantial case: Fontenot and Fleming had been feuding over Nugent for months. Testimony pegged the principal as the last one seen with the coach the afternoon he disappeared. But there was potential forensic evidence as well: Bill Fleming’s decomposing body found dumped in a deserted oil field, nearly a week after the murder, and human blood spray in the inside of the 4H camper Fontenot had on his pickup that weekend. The truck and camper were cleaned at a car wash the day after Fleming’s disappearance, but police found diluted human blood collected on the truck axle as well.

But remember, this was 1984, a lifetime ago in the CSI business.

I spent seven weeks in a Livingston, TX, courtroom as prosecutors and well-known Houston defense attorney Dick DeGuerin battled it out. Today it would be a simple matter. Even with a single bone or a wad of spit, DNA could be collected and mapped, compared to the blood in the trailer and on the axle. Back then, however, DNA was just a theory. At that time – and remember this is just a little over twenty years ago – police labs couldn’t even type blood from a corpse in an advanced state of decomposition. The bottom line: Prosecutors had no way to convincingly tie the blood inside the trailer and on Hurley Fontenot’s truck axle to Bill Fleming.

Still, we’re talking about human blood, not something normally found inside a trailer or sprayed inside a camper. And there must have been a considerable amount to mix with the car wash water and collect on the axle. How could the defense explain that? For much of the trial, I thought the blood evidence would be the prosecutors’ ace in the hole.

The defense attorney offered an alternate possibility. The blood didn’t belong to Bill Fleming at all, DeGuerin countered. Family-man Hurley regularly used the trailer and pickup to transport household garbage cans to the dump. Inside were plastic bags, some of which contained his wife’s menstrual pads. That wasn’t all. When DeGuerin asked Mrs. Fontenot some rather embarrassing questions, she explained that she was enduring what women today call menopause and which they then euphemistically referred to as “the change,” and that she was thus experiencing an unusually heavy flow.

Although I never quite understood how blood could have not only come off the pads, but leaked through garbage bags and the garbage cans, so much that it splattered inside the trailer and collected on the axle, I guess the jury did. The four men and eight women charged with deciding his fate acquitted Hurley Fontenot.

Hurley wasn’t a healthy man. He had heart problems, and not much later he died. No one else was ever prosecuted for Bill Fleming’s murder. Whenever questioned about the case, prosecutors said they believed they had the right man but simply lost in the courtroom. To this day, DeGuerin says he doesn’t believe Fontenot committed the murders. But, of course, we’ll never know. With Fontenot acquitted and deceased, there’s no reason to do DNA on Bill Fleming or the found blood, that is if any of the evidence even remains stored in a cold case box.

So, when I sit back and look at a case like Piper Rountree’s, as fascinating as it is, with all the advantages of modern police work, I can’t help but recall the decades-old murder of Bill Fleming. It reminds me how long I’ve been covering courtrooms, and how many safeguards science offers today to ensure that a jury’s decision is based on real evidence. When done correctly, modern science has the power to free the innocent and condemn the guilty.


Tuesday, June 16, 2009

Go Directly to Jail and DON'T Collect $175,000

by Kathryn Casey

Think the system is broken? Tired of hearing about money handed over to the very folks who cause the problems? Okay, picture this: a U.S. district judge is sentenced to 33 months in a federal prison, a stint he began just yesterday. Do you think that judge should be off the federal payroll? Samuel Kent apparently doesn't understand the logic.

Kent's crime? Obstruction of justice, for lying to a judiciary panel about his alleged sexual misconduct. His sentence came down May 11th. In a plea deal, Kent, 59, admitted that he lied about his sexual conduct with two employees. (Kent is the first federal judge in history to be indicted for alleged sexual crimes.) In return, prosecutors dropped five sexual abuse charges. Many argued that the sentence was way lenient. Disappointing but the end of story? It seemed so on June 3rd, when Kent tendered his resignation.

The catch: He wants to be paid for another year..

On what grounds does Kent argue he's entitled to keep collecting his $174,000 a year salary and benefits until June 1, 2010? Because he needs the money and the health insurance. (Like the hundreds of thousands of unemployed and uninsured Americans don't?) And, perhaps more to the point, he figures he can get away with it. Why? Because he hopes it could take that long for Congress to get around to impeaching him.

"Impeachment is going to be brutal. It's going to be ugly, and it's going to be nasty," says well known Houston defense attorney Dick DeGuerin. Kent's attorney, DeGuerin charges that now that Kent has tendered his resignation, the only reason lawmakers could have to move on an impeachment is to get face time on TV and grandstand.

You know, some of us (my hand is raised) disagree. Let's review what Kent is alleged to have done. Consider the testimony of Cathy McBroom, one of two former employees who testified she was harassed by Kent: "He had one arm around my waist and was using the other arm to pull up my blouse and bra, exposing my entire breast. He also tried to force his hand down my skirt." Later, McBroom says a drunk Kent pushed her face toward his crotch and demanded oral sex.

In my humble opinion, it's Kent's behavior that's brutal, ugly, and nasty, not impeachment.

What's happening to Kent is deserved. He's not the victim; he's the perpetrator. Kent admits he tried to force himself on McBroom, a former case manager, and Donna Wilkerson, his secretary. He realizes he's going to serve time. He just doesn't want to give up the cash. (Kudos to McBroom and Wilkerson for having the courage to expose a federal judge. That couldn't have been easy.)

This is Kent's second attempt to stay on the federal dole. Earlier, he requested that he be allowed to retire on disability due to depression and psychiatric issues, which would have ensured him a paycheck for the rest of his life. That, thankfully, was denied.

So, what's to be done? The good news is that it's underway. Spurred by the judge's continued quest to collect a paycheck, on Wednesday, June 3, Congress began hearings that will undoubtedly lead to impeachment.

"This is a clear cut case," Rep. Dan Lungren, R-Calif, told the Associated Press. Lungren is right. It's a no-brainer. My question is: Why has this taken so long? Kent pleaded guilty in January and was sentenced in May. Notice the photo of Judge Kent at the top, waving? Glad to see him go, but I'm not sure why he thinks we're supposed to subsidize the trip.


Friday, December 5, 2008

A Look Behind the Camera

by Jenna Jackson

In January, it will have been 10 years since someone took the life of Belinda Temple (pictured left) and her unborn little girl, Erin, by putting a shotgun to the back of her head and firing. For nearly all of that time, it has been a tale with twists, turns and surprises – and, some feel, still a lot of questions.

I started working on the Belinda Temple murder case for
48 Hours in 2004, just after her husband, David, was arrested. Our show will finally air tomorrow night at 10 p.m. EST on CBS.

The case (and our show, by default) took years to unravel. And this is one of those cases where questions may always linger for some. Many think they know exactly who killed Belinda Temple and why. Her husband, David, was having an affair with another woman, a fellow teacher, at the time of Belinda’s death.
Kelly Siegler, also a WCI blogger, prosecuted the case. She is certain of David Temple’s guilt, as are the police, who investigated the case tirelessly for six years before the arrest.

But others – including his family and his defense attorney
Dick DeGuerin – are equally and vehemently as sure that Temple is an innocent man. And they point to another man who they say is the real killer.

Our show and the
web site give far more details on the case and how it unfolded. But what you won’t see on either of those is how the story process took place. At 48 Hours, we try to follow a story from as close to the beginning as we can get … until it has at least some sort of an ending. (Some stories continue to re-invent themselves. For example, I’m working on a brand new show about a case we followed five years ago – the case of Susan Wright, who was convicted and sentenced to 25 years for stabbing her husband 193 times. Kelly prosecuted that one, too.)

For the Temple story, I did the usual work at the beginning – I called the lawyers on both sides and met with them. We discussed whether they would be able to work with us – and I assured them that nothing would air until after his murder trial was complete. I don’t think anyone at that point knew how long it would take to get to that point. Because of a myriad of unforeseen delays, it ended up taking three years from the time of the arrest until Temple was tried.

Once the trial started, I sat through every day of it. I listened to testimony, took notes, talked to the lawyers on each side about how it was going – and occasionally filmed short interviews so that we could later keep our viewers posted on how this high profile murder trial was unfolding.

The trial was interesting, dramatic and tense. I literally had no idea what the verdict would be when the jury filed out to deliberate – and, generally, you have a pretty good idea of what the likely outcome is. In this case, it was a hard-fought case on both sides. The lawyers – who have a history of butting heads in the courtroom – were both especially devoted to this case.

The jury came back with a guilty verdict – our show will give you a better idea of how it happened. But once that verdict was announced, my real work began. We had filmed, along with every local news station in Houston, the closing arguments and verdict in the case. But we didn’t yet have a story, much less a full hour of television. My job was to get the main characters – notably David Temple – on camera to tell this story.

It is rarely easy to convince a defendant in a murder trial to sit down for a full interview. It becomes even more difficult when that person is convicted and about to head off to prison. The rules in Texas prisons regarding on-camera interviews make it nearly impossible to get a real, in-depth, nice looking interview.

So I had a very short window of opportunity to try to convince David Temple to speak to us before he was transferred to the prison system. He had been taken to the
Harris County Jail as soon as he was convicted – and that’s where he would stay until the prison system came to get him. The problem is no one (not even the jail) has much warning as to when this transfer will happen.

On the day of Temple’s motion for a new trial (which was denied by the trial judge, which is pretty standard), his attorney finally told me he would allow Temple to interview with us. I was elated. This would allow us to tell this story – it’s difficult to tell a person’s story if that person chooses not to participate.

My elation quickly turned to a sort of panic. The word was that Temple was likely to be transferred to prison within a day or two now that the motion for new trial had been heard and turned down. So I had to hustle. I immediately called our senior producer – and the correspondent on the case, Richard Schlesinger, and told them the plan. Richard hopped on a plane and headed to Houston – in the hopes that we would make this happen.

I started calling the jail – and booking two crews to come to Houston to be ready to film. After several phone calls and faxes (many of them pleading), the jail said yes. They would allow us inside to interview David Temple.

Our next goal was to make the jail look like anything but a jail. And to make Temple look like anything but an inmate. If the viewers saw him right off the top in a jail uniform, they would assume he’d been convicted – and there would be much less mystery in the show. The typical colors of inmate uniforms are bright orange (not flattering on anyone) and black and white stripes.

I breathed a slight sigh of relief when Temple walked into the room (set with three cameras and at least a dozen lights) in a yellow jumpsuit. We shot the interview as tightly as possible – so you see primarily his face – and hoped everything would come off without a hitch.

David Temple tells a compelling tale of how his life has unfolded. The attorneys on both sides are the best at what they each do. You’ve gotten a glimpse of the behind-the-scenes workings that make a show like this come together. Now I hope you’ll turn to CBS at 10 p.m. EST tomorrow (Saturday) night to see how the actual case takes incredible turns throughout the hour. And I have a feeling this one may not be completely over.


Friday, November 14, 2008

KELLY SIEGLER AND SUSAN MURPHY-MILANO ON E! THS INVESTIGATES: "HUSBANDS WHO KILL"

Tonight at 9:00 EST, don't miss two WCI contributors on E! THS Investigates. Our Prosecutor-for-Hire Kelly Siegler and our Violence Expert Susan Murphy-Milano were both interviewed for the show. "Husbands Who Kill" explores cases of seemingly loving husbands driven to murder their wives. One was in fact a loving husband. Problem was, his wife loved another man. That case ended in murder-suicide.

As most of our readers know, Susan's father (the decorated Chicago Violent Crimes Detective who caught the "Chicago Rippers") shot her mother to death before turning his gun on himself. Susan, then 29, found her parents' bodies. Ever since that day, she has dedicated herself to saving the lives of endangered women in domestic violence situations. She is also an author.

Susan will be providing commentary throughout the hour on tonight's program, which focuses on four women slain by their husbands. The three men who only appeared to be loving husbands had been living lies. Two had misled family and friends into believing they were pursuing advanced degrees, one in medicine, the other an MBA from Harvard. The truth was that neither had graduated from college and both were running out of money and lies. One of the wives discovered the truth, but did not live to tell. The other man gave his "ailing" wife Gatorade spiked with antifreeze and went on to become a popular radio host. (WCI's Broadcaster Michele McPhee wrote about that case and others in "Why Are Smart Women Carried Away by Fakes?")

The third husband living a lie was David Temple, a Texas football star turned high-school coach. Temple ended up being prosecuted by Kelly Siegler for firing a shotgun into the back of his wife's head. Belinda Temple was eight months pregnant with their second child. (Siegler, right, grills Temple during the trial)

Two of tonight's cases involve husbands convicted of taking the lives of their wives and unborn children. Lately, any story about a pregnant wife murdered by her husband immediately draws a Laci Peterson comparison. The Temple case predated Laci's by a few years, but there are notable similarities. The tale is complete with an Amber Frey look-alike—a mistress with one key character difference: Scott Peterson's lover did not know she was dating a married man until he became a suspect in his wife's disappearance. When Frey realized that Peterson had been motivated to do away with his wife so he could be with Amber, she helped authorities bring him to justice. David Temple's love interest, Heather Scott, a teacher at the school where David coached, knew her lover was someone's husband and father. After David murdered his wife, Heather (above) married him and testified on his behalf.

Once the cold-case made it to trial, the courtroom heated up as Kelly Siegler clashed with renowned criminal defense attorney Dick DeGuerin, making the media's prediction of "fireworks" between the legal giants the only easily predictable aspect of the explosive trial.

DeGuerin maintains his client's innocence, pointing out that Temple was filmed by Home Depot surveillance cameras around the time of the murder. DeGuerin (pictured right of Temple upon conviction) accused Siegler of being so effective at her job that she'd done what defense attorney Richard "Racehorse" Haynes once said was inevitable: "She's convicted an innocent man."

The victim's family saw things differently. When Temple was finally convicted nearly nine years after the murder, Belinda's brother said he'd suspected David's involvement within ten minutes of learning of her death. Following sentencing, her father said, "People have told us, 'Get over it.' You can't get over your baby—especially in these types of circumstances. . . . Put a shotgun to my baby's head and blow her brains out. It just wasn't right. And I'm so glad justice has prevailed."

In tonight's program, Kelly's case is just one of several stories on husbands who kill. For a full hour on the Temple case, watch 48 Hours on December 6 for the show produced by WCI's Jenna Jackson. Next year, expect a book on the case from Kathryn Casey, who's working on Shattered: The David Temple Story.

For tonight, watch Susan and Kelly for what the producer of "Husbands Who Kill" promises to be a provocative hour of television. Click here to watch the trailer for this special THS Investigates: An in-depth examination of criminal behavior.

Friday, November 14
9:00 p.m. EST
E! Entertainment Television Network
THS Investigates
"Husbands Who Kill"