Showing posts with label Holly Hughes' posts. Show all posts
Showing posts with label Holly Hughes' posts. Show all posts

Friday, November 25, 2011

What is Wrong With People?

by Holly Hughes

The more I hear about the Penn State pedophilia scandal, the angrier I get. A bunch of grown men sat around and did nothing for years, allowing who knows how many young boys to be sexually molested. 

It boggles my mind that a grown man walked in on the rape of a child and did nothing to stop it. Forget for a moment the whole question of who it should have been reported to. Just pause and think about what really happened back in 2002 in a Penn State locker room shower. Mike McQueary, a grown man, a graduate assistant at the time, has said he heard the sound of skin slapping on skin. He went into the shower area and saw a young boy, whose age he estimates to be around ten, with his hands pinned up against the wall and Jerry Sandusky was having anal intercourse with the child. In response to this assault McQueary turns and walks away. He doesn’t yell out or stop Sandusky from raping this little boy, he just simply leaves. He goes home and tells his father. Still, neither of them telephone the police. 

To this day, despite the indictment and charges levied against Sandusky, that little boy from the shower is still unidentified. No one knows if he is even alive today. Unfortunately, the statistics tell us that abused children often get into drugs, prostitution and other trouble with the law. McQueary tells his “boss,” Joe Paterno, who passes the information on to Tim Curley and Gary Schultz and nothing is done.

This case is a cautionary tale in many respects. Time after time there were multiple opportunities to stop this monster, Sandusky, from abusing children. As early as 1998, Sandusky was reported to authorities as having inappropriate contact with young boys. Despite the fact that Sandusky admitted to the boy’s mother, on tape, that he had showered with her eleven year old son and other boys and “wishes he was dead”, nothing is done. Despite interviewing another young boy who also reports that Sandusky showered with him, nothing is done. The District Attorney at the time, Ray Gricar, declines to prosecute this predator, and nothing is done. Thomas Harmon, who headed the campus police force at the time, closed the investigation and nothing is done. 

In 2000, a janitor named Jim Calhoun tells a co-worker and his supervisor that he saw Sandusky engaged in sexual activity with a young boy in the showers. The supervisor tells Calhoun who he can report it to if he wants. Again, another grown man, this time Calhoun, does nothing to stop the sexual assault of a child while it is in progress. No one, not Calhoun, his coworker or his supervisor calls the police and nothing is done. 

Another highly disturbing aspect is that all of these grown men (and more) knew Sandusky had six adopted children, took in foster children and ran a charity he had established for “troubled” youth. Did these men honestly think that those children were safe in Sandusky’s care? It is unconscionable to me that all of these men turned away and did nothing at the expense of every victim since the first reported one in 1998. Not one of them can honestly say they thought pedophilia was a one time event. Their behavior is indefensible. 

The average pedophile is said to have 100 victim over his lifetime, but I fear Sandusky is far worse than the “average” pedophile. This is a man who, thanks to his friends, had an endless supply of young boys to victimize. They enabled a child molester to continue unchecked for years. 

The Penn State officials, who had a mandatory duty to report suspected child abuse, never did so. Their answer was to take away Sandusky’s keys to the locker room. Really? Really? So, what’s the message there, “It’s okay to rape children, just don’t do it on our campus"? I have heard all the excuses. They didn’t want to destroy the integrity of the football program? Well, how’s that going for you boys? The janitor didn’t want to lose his job. How about his humanity? His compassion? His sense of decency? 

Having prosecuted homicides, hate crimes and high profile cases for ten years, I didn’t think there was much that could still shock me. I was wrong. The depth of this cover up at the expense of children is sickening. Even as I write this piece, more victims are coming forward. Sadly, there will be more victims unidentified than the number we will know about. 

As the Senate schedules congressional hearings and the California legislature proposes laws to prevent this from happening again I can’t help but think of the sad irony. It takes a tragedy like this for people to wake up and realize that we are failing the children of this country in horrifying ways. 

Frighteningly, it didn’t take a special hearing of Congress to prevent this particular tragedy. It would have only taken one of those grown men to “man up” and take a stand. To report this monster and expose him, before he abused all of his victims. 

Sometimes it takes a village, sometimes it just takes one good man. How tragic that we didn’t have one here.


Friday, October 28, 2011

Another Missing Baby

by Holly Hughes

Once again, another child has gone missing and another mother tells an evolving story. On Tuesday, October 4th, 2011, at approximately four a.m., the alarm was sounded when ten month old Lisa Irwin was reported missing by her parents, Deborah Bradley and Jeremy Irwin. The mother, Deborah Bradley, initially reported that she last saw her baby girl when she put her to bed at ten thirty p.m. Now, weeks into the investigation, it comes to light that she last saw her at six forty p.m. 

She has steadfastly refused to speak with local media, when clearly, they would be the most effective outlet to keep Baby Lisa’s story alive in their neighborhood and the surrounding locales. Yet, when she does give an interview to a national media outlet, we hear more disturbing and unbelievable claims. 

Deborah Bradley insists she hasn’t spoken to her two boys, ages five and eight, about the night that Lisa disappeared. Another puzzling statement she has made is that she didn’t go looking for her baby, even in her own backyard because she “was afraid of what she might find.” On top of all that, neither Bradley nor Irwin are cooperating with the police and have denied police access to the two little boys who were admittedly present that night, until this week.

All of these behaviors are inconsistent with a mother who desperately wants to find her child. If my child went missing, the police would not have to be hunting me down, begging for an interview. I would be in their face, on their phones and setting up shop in their precinct. I would be tearing around my entire neighborhood, including my own back yard, looking high and low, shouting her name.

I would not lie to the police about the crucial time in question, altering my story by four hours. Surely, Bradley must know that in child abduction cases, every second counts. A perpetrator could be hundreds of miles away, seriously changing the scope and course of the investigation. I don’t think I’m alone in this. I believe this is the way most parents would behave who were not involved.

But does this odd behavior mean she is guilty of anything? It certainly raises eyebrows. Is it consciousness of guilt or just quirkiness. Are there too many coincidences and oddities here? The very first night that Irwin works the overnight shift, Lisa goes missing. The same night, incidentally, that Bradley is passed out drunk. Admittedly someone else could have known that Irwin was to begin the night shift, but who could have possibly known that Bradley would drink herself into oblivion?

They have hired attorneys and a private investigator to handle things. Well, that is hardly going swimmingly. They seem to making a bigger mess. The attorneys made a big deal of announcing they were going to be giving daily press releases and they would open the house, the crime scene, so the press could walk through. Well, neither of those things occurred, raising even more questions.

Much ado has been made about the fact that a “cadaver dog” hit in the bedroom of Bradley and Irwin. Unfortunately, that does not mean there was a decomposing body there. It could be blood from an old wound, sloughed off dead skin, or any number of other things. The forensic testing done on those samples will hopefully give us more definitive answers and point us in the right direction.

Although things don’t seem to look good for Bradley, there are other possible scenarios here. Maybe she is just an emotionally immature young woman who does not know how to handle all that has been thrust upon her.

Police have also reported that several credible witnesses have come forward to state that they saw a man walking with a baby around midnight, the same night that Lisa Irwin disappeared. They have obtained some grainy video surveillance that seems to corroborate that, indeed, there was a man out at that time in the reported area, but it is too poor quality to tell if he is indeed holding a baby. Then there was the finding of a backpack with purportedly soiled diapers in them found near an abandoned house not far from the Bradley/Irwin residence. 

Sadly, until Lisa Irwin is found, dead or alive, we will not have any more answers than we have now. There is always the hope that she was taken by someone who desperately wanted a baby to love and raise. At least that way, there is hope that she may be returned to her family some day.


Tuesday, September 27, 2011

The Death Penalty, Back in the News


by Holly Hughes

It’s been a busy week for the death penalty in American jurisprudence.  We seldom hear so much about it from simultaneous corners.  From Texas to Georgia to Connecticut, we have seen it take center stage this week. What I find fascinating are the varied reactions to each of these individuals cases.

Troy Davis was convicted nearly two decades ago for the murder of off-duty police officer Mark MacPhail.  In the ensuing twenty two years since that murder, Davis’ case has been heard by twenty eight different courts, including the Supreme Court of the United States.  His legal team sought clemency from the Georgia State Board of Pardons and Parole Board twice.  Thanks to the advent of social media Troy’s case generated enough attention to collect over 600,000 signatures calling for a stay.  There were protests staged at the Georgia State Capitol Building and the Georgia Diagnostic Classification Prison where Davis’ execution was carried out.  Former Presidents and Popes weighed in.  

A lot of the news coverage stated emphatically that there was no physical evidence.  Other media outlets briefly acknowledged that there was some, ie: the shell casings, which matched  casings from another shooting that Davis had been convicted of.  Much was made about the seven recantations, but little was mentioned about the fact that it took seventeen years for those recantations to occur.

I am not weighing in on the guilt or innocence of Troy Davis.  I have not read the transcripts, nor watched any interviews of witnesses.  I am simply commenting on the fact that most of the reporting on this particular case was inaccurate or incomplete at best.  However, it garnered a lot of attention and gave opponents of the death penalty a great deal of ammunition in their argument against the death penalty.

At the same time, in Texas, another man was scheduled to be, and ultimately was, executed.  We didn’t see this one widely reported.  In fact, it passed relatively unnoticed.  On the very same day that Georgia executed Troy Davis, the State of Texas put to death Lawrence Russell Brewer.  Brewer was convicted of the horrific murder of James Byrd, Jr. back in 1998.  Brewer, along with his two co-defendants in the case, committed unspeakable violence against Mr. Byrd simply because he was African-American.  It was a hate crime pure and simple.  But there was nothing pure or simple about the inhuman acts perpetrated against Mr. Byrd.  He was beaten unconsciousness, urinated on, tied by the ankles with a heavy chain and drug behind a truck until his arm and head were severed from his body.  

While Texas and Georgia were carrying out death sentences, Connecticut was seeking to have one handed down.  This brings us to the case of Joshua Komisarjevsky.  This is the monster who broke into the Petit family home, beat Dr. Petit unconscious and tied him up.  Once that was done, he then, along with his co-defendant, Stephen Hayes, sexually assaulted the Doctor’s wife and two daughters, the youngest of which was eleven years old.  When that was done, Komisarjevsky took Mrs. Petit to the bank and forced her to withdraw fifteen thousand dollars.  As if all of these abuses were not enough, when they returned to the house, these two monsters tied all the women to their beds and set the house on fire, burning them alive.

Prior to this case, the State of Connecticut was debating abolishing the death penalty.  These crimes put a quick stop to that.  In the face of such evil, the people decided  they needed the death penalty, they wanted the death penalty and they were going to seek the death penalty.  They got it.  Last year, co-defendant Stephen Hayes was sentenced to death.

So, the question that arises is: why did we not see 600,000 signatures calling for a stay for Lawrence Russell Brewer?  Why are there no protests outside the Connecticut courthouse where prosecutors are currently seeking the death penalty against Komisarjevsky? Now, the easy answer is “there was little to no evidence against Troy Davis.”  Well, who gets to make that decision?  A jury of his peers, yes, his peers.  Seven of the original twelve jurors were African-American.  

Twenty eight different courts reviewed this case and felt that the evidence was strong enough, even in light of the late-in-the-day recantations. From a purely pragmatic standpoint, allowing social media to dictate who gets executed and who doesn’t turns the justice system into nothing more than a version of Survivor (no pun intended).  No one should be voted off the island but people who weren’t even involved in the game.

Again, I cannot say whether or not Troy Davis was guilty.  I am simply asking the question, “what can we learn” from this past weeks’ multiple death cases.  If you believe the death penalty is wrong, then it’s wrong for everyone, including the monsters who commit unspeakable horrors against their fellow human beings, sometimes for no other reason than prejudice.

If the problem is with the application, then how do we fix it?  Lobby legislatures?  Call for one uniform application of the death penalty, which would be forced on all states by the federal government?  I don’t pretend to have the answers.  I will leave that to minds greater than my own.  But I find it an interesting dichotomy that the folks who oppose the unequal application of the death penalty are themselves unequal in their passion of whom they choose to rally for.


Wednesday, June 29, 2011

Trials: Truth, Expectation and Reality


As much of the country watches transfixed, the Casey Anthony trial lumbers on. For a host of reasons, this trial has caught the attention of viewers who wouldn’t normally take the time to get caught up in these very public high profile cases. As a legal commentator, I have been privileged to cover almost every day of this spectacle for one program or another. As I watch it unfold, I am struck once again by the reality that at the end of the day we will still not have the answers we seek.

I was a felony prosecutor for ten years in metropolitan Atlanta. Needless to say, we were a busy office. I handled homicides, hate crimes and high-profile cases. I have taken to trial and to task a host of serial rapists, spree killers, armed robbers and death penalty defendants. I am acutely aware of the old adage that “a trial is a search for the truth.” However, I think most of the public tends to forget the middle of that phrase, “a search.” Any good trial attorney will tell you that by the time the verdict comes in we have usually only uncovered a fraction of the truth, and it is usually the truth according to one side. Despite our best investigative efforts there are just some things we will never know.

So many court watchers have tuned in to this trial to get the answers. Answers to the questions we have all been asking for three years now. How can a loving mother not report her child missing? How can that same mother go out and party like a rock star while her little girl is missing? How can she continuously lie to the very people who are trying to help her find her missing child?

Since the blockbuster opening by defense attorney Jose Baez, we now have a whole host of other questions. If this was indeed an accident, why would you let your client rot in jail for three years? If this was indeed an accident, why would you let your client face the death penalty? If your client was so sexually abused as a child that she turned into a liar of epic proportions, why would you not welcome the opportunity to have the state’s psychiatrists examine her?

As I watch this tragedy progress through its next phase, I know that when it all comes to its sad conclusion we still will not have the answers we seek. I fear, however, that most of the general public is still watching with unrealistic expectations. They want to believe that there is a reasonable explanation for what happened to this precious little girl. They want to believe that there must be a reasonable explanation for how a family becomes this dysfunctional. Ultimately, we will see only what they want us to see. That’s a hard pill for most people to swallow. It is, however, the difference between expectation and reality when it comes to criminal trials. We want answers. It is the natural human curiosity when we encounter such inexplicable behavior as we have seen in this defendant and her family. Sadly, we will all be disappointed when the jury files out to deliberate and there is no more evidence to be entered.

I used to tell all of my victims at the beginning of the process, “I will fight like hell to get you justice but I won’t be able to get you answers to all of your questions.” Of course, the biggest question of all is, “Why?” I also told them no matter what answer was given to that question, it wouldn’t be good enough.

I have yet to come across an answer as to why human beings can murder, rape and rob each other that satisfies me. People used to ask me what I did for a living when I was a prosecutor and I would tell them “I wade around in the depths of human degradation all day long.” That was the most accurate and honest description I could come up with to explain spending my days looking at autopsy photos and asking little five year old children, “what did daddy do to you?”

The truth is that you didn’t meet me unless and until some terrible tragedy had been thrust upon you.

So, as we watch with a mixture of horrified curiosity and sad dread, we must all keep in mind that at the end of this all too real human drama we will have more questions than answers. We must not set our expectations too high or we will come away feeling cheated and deflated.

That is the sad difference between expectation and reality. That is the world of a criminal prosecutor. It is by far the best and most fulfilling job I ever held. And yet, it broke my heart every day like nothing else ever could.


Tuesday, May 31, 2011

The Weird and Wiley World of Casey Anthony


Court watchers around the world waited with baited breath on May 24, 2011, to hear the opening statements in what will surely be the trial of this century. For three long years anyone with a pulse and the slightest interest in high-profile court cases has been watching the antics of the Anthony family in Florida and, in particular, defendant Casey Anthony. We have seen the party pictures, heard the jail tapes and watched with breaking hearts the videos of 2-year-old Caylee Marie Anthony singing “You Are My Sunshine.” Her innocence and cuteness are what has captured the hearts of Americans, but let’s not discount the freakish and inappropriate behavior of her mother, Casey Marie Anthony.


What could drive a woman to murder this adorable baby and then go on shopping sprees as if she hasn’t a care in the world? How could a mother whose child has gone missing be out in nightclubs entering Hot Body contests and feeling up other women? Funny you should ask. Anthony’s attorney, Jose Baez promised us all that he could explain away all of this craziness and would do so “in the first minute” of his opening statement. He didn’t disappoint. Shock? Yes. Sicken? Yes. Infuriate? Yes. But disappoint? No. With all the grandeur of a carnival barker, Baez told us a whopper of a tale. A tale, no doubt, told to him by his client, the queen of make believe.

The Well of Lies

I wish I owned a well as deep as Casey Anthony’s inexhaustible well of lies. I would never pay for another drop of water as long as I lived. Just when you thought you’d heard it all, here comes the mother of all lies. George Anthony is responsible for all of this. As Baez laid out his defense in a booming voice, he painted a fantastical picture, wherein everybody and anybody was responsible but his client. Let me recount this for you. Caylee drowned in the swimming pool on George’s watch. We know this, because according to Baez, George found the body. Then, being the trained law enforcement officer he was he didn’t give mouth to mouth or attempt CPR or call 911. No, he decided to engage in a cover-up with his daughter and dispose of the body. Why, you might ask. I’ll get to that later.


After this alleged cover-up, his daughter goes on a 31-day spree wherein she shops for bras and beers with checks she steals from her friend Amy. She rents videos with her boyfriend and then spends the entire next day in bed with him. The videos, by the way, are stories that include a body in a trunk and a missing child. She parties like a rock star, entering “hot body”contests and playing “shot girl.” This behavior goes on for 31 days until her mother has to literally drag her out of her boyfriend’s apartment and demand an explanation of the whereabouts of her daughter Caylee. At this time, Cindy Anthony reports her granddaughter missing. I’m puzzled why everyone keeps asking, “Why did Casey wait 31 days before she reported her daughter missing?” The answer, folks, is that she never reported her daughter missing. Her mother Cindy did that. How could any mother behave like that? Well, according to Jose Baez, that’s George’s fault too. You see, according to Baez, George sexually abused Casey when she was growing up. Well, that’s Baez’s spin on things, which he shared with the jury at the top of his lungs in vulgar and graphic detail.


Now, if you’re having a hard time believing that, then hold on to your hats. Not only was the death an accident that George covered up for reasons unknown and unexplained to the jury, but Casey’s behavior is George’s fault because he sexually abused her. And as if that isn’t enough, are you ready for this? Lee Anthony also abused her. And as if that too wasn’t enough, Roy Kronk, the "morally bankrupt" meter reader somehow, according to the defense, got a hold of Caylee’s remains and toted them around for four months. Why? You might ask. It’s just another unfounded accusation that Baez did not expound on to the jury.

All of this taken together makes Casey sound like the victim. Which is exactly what Baez was hoping for. Well, I have a few questions of my own for attorney Baez. First, if your client was innocent, why in heaven’s name would you let her rot in jail for three long years? Next, in the interest of representing your client, why would you not disclose this information in a timely fashion so the police could recover the body and prove by way of an autopsy that your client was telling the truth? Why would your client leave her little girl alone with a man she now claims sexually molested her? Why would your client laugh and scoff at the idea that Caylee drowned in a pool when her mother Cindy tells her, in a recorded jail conversation, that some media outlets were reporting that? Why would you not rush a psychiatrist in to examine your client and invite the State to do the same? If she is telling the truth, it will be borne out by the professionals. Aha, herein lies the rub--that little two letter word—if. Perhaps the answer to all of these questions can be found in the defendant’s own words: “I am such a good liar!”

Sexual Abuse Survivors

Unfortunately, due to the nature of my work, I have met many sexual abuse survivors. While it is true that many of them lie to cover up the abuse, they do not lie about everything in their lives. They don’t invent people that don’t exist. They don’t get up every morning and get dressed to go to non-existent jobs. They don’t tell their parents they are in one city when in fact, they are right around the corner. They don’t steal their friends’ checkbooks and break into their parents’ sheds to steal gas. They don’t “cuddle” and “have girl days” with the parent who knowingly allowed the abuse to go on and blamed them when told about it. They don’t abandon their vehicles with the odor of human decomposition in the trunk. They don’t party like rock stars when their children go missing or are killed. They are wounded and hurt and broken. But they do not turn into pathological liars. There are true victims, hundreds of thousands of them and they have suffered horrible indignities. When someone claims to have been a victim just to save their own skin, it is another indignity heaped upon the true victims.

A Long Way to Go

While we are still in the beginning stages of this trial I doubt the defense will be able to produce any evidence or witnesses to back up these atrocious claims they have made.  They certainly didn’t make mention of any in their opening statement. Of course, they don’t have to tell us everything right up front. It is, after all, a road map. They don’t have to describe in detail all of the sights we will see as we journey down that road. But, if all they put up is Casey Anthony to substantiate these allegations, they are in trouble. As one witness testified this week, Casey lied to some friends over the telephone and then after completing the call, she threw the phone down and bragged, “I am such a good liar!” This is not a skill she developed to hide her pain. This is a skill she developed to manipulate people, and she’s proud of it. This alleged abuse may turn out to be as non-existent as her nanny and her job. If that is the case then the road map Jose Baez gave us in his opening statement will prove to be nothing more than a stroll down Liars Lane.