Thursday, June 18, 2009

Susan Atkins, Up for Parole . . . Again?

by Kathryn Casey

Time flies.

Need an example? It’s been more than a year since May 8, 2008, when I wrote a short post for WCI, spreading the news that Charles Manson groupie and convicted murderer Susan Atkins (seen with Manson in the courtroom in the photo at the left) suffers from brain cancer and was expected to die within weeks. Seems that since then Susan’s taken the lyrics to that old Bee Gees’ song to heart, and she’s Stayin’ Alive!

Please don't take this wrong. I'm not being flip, and I do understand that we're talking about life and death. But I have to ask: What’s the deal? How could someone given weeks to live still be alive more than a year later? The impression we were all given back then from those close to Atkins was that she was flat on her back and in horrible condition, waiting for the soon expected arrival of the grim reaper. Of course, at the time Atkins was asking for a compassionate release from prison, which was denied in July 2008.

Maybe some of you in the medical community can comment on whether or not this is a common turn of events with a brain tumor? As far as I know, it may be. I'm far from an expert. Yet since I write about crime all the time, I have to admit that I'm a bit of a skeptic. My first thought was: Did the folks around Atkins perhaps exaggerate the seriousness of her condition last year, to stir up sympathy and support for springing her while she still had time to live on the outside?

The irony is that a full year has lapsed, and Atkins is not only still alive but up for parole again. She was scheduled for a hearing in May, only to have it cancelled when not enough board members were available. The hearing is currently rescheduled for September 2 in Los Angeles. Her husband has said that if she's still alive, Atkins will attend, even if she has to be wheeled in on a gurney.

In the meantime, the controversy surrounding Atkins bid for release hasn't died either. Some of those who saw Atkins as a monster, the wide-eyed killer who stabbed Sharon Tate while the heavily pregnant woman begged for her life, have pointed at Atkins’ nearly four decades as a model prisoner and come out favoring her parole. Included is Manson prosecutor turned bestselling author Vincent Bugliosi, who has said Atkins deserves mercy, arguing against the stance that “just because Susan Atkins showed no mercy to her victims, we therefore are duty-bound to follow her inhumanity and show no mercy to her."

In contrast, Sharon Tate's younger sister, Debra, hasn’t changed their opinion on what should happen to Atkins and the rest of the Manson clan. "They all should live out their natural years in institutions," she's said. Why? If they are released, Tate has said, "I can't trust that they won't inspire other individuals to do similar acts."

Will Atkins cling to life long enough to make the September hearing? Who knows? Her husband described her current condition to CNN as dire. He says Atkins is barely able to speak, a leg has been amputated, much of her body is paralyzed and she has to be fed. If she does make it to September, it seems certain that this will be her last bid for freedom.

Hmmm. On second thought, are we sure about that?


Tuesday, June 16, 2009

Here Kitty Kitty

by Pat Brown

My daughter, Jennifer, the tough child abuse detective, called me the other evening in tears. One of her kittens, Baby Norris, was in a freak accident; a board fell on it causing a bad concussion. She had arrived home from work and found the kitten lying under the board, unconscious, blood coming out of its nose. She took it to the emergency animal hospital where she forked out hundreds of dollars for medicine she hoped would prevent brain swelling and save the cat's life. The doctors didn't seem all that hopeful that the medicine would work, but Jennifer felt she had to do all she could to help the kitten survive. After two treatments she took the still near comatose cat home. She put Baby Norris in bed with her and stayed awake most of the night watching him. He was still alive but weak in the morning and so she called for her brother to come over and stay with him while she was at work. She called home regularly for updates on Baby Norris's condition.

What makes Jennifer's concern doubly touching is that Baby Norris wasn't even a kitten she was keeping; it was one of the five she was giving away. And she didn't ask Daddy Norris, the future owner, to help with the bill. She felt responsible for the accident and so she forked out the money herself on a cat that, if it lived, wasn't even going to be her cat.

The story has a happy ending. Baby Norris made a complete recovery and went off to his new home.

A little Bronx kitty didn't fare so well. Tiger Lily, an adorable orange and brown kitten with big pointed ears, was tortured and murdered by 17-year-old Cheyenne Cherry. Cherry tossed Tiger Lily into a kitchen oven, closed the door, turned up the heat, and roasted the poor creature to death. Apparently, Cherry thought it was pretty funny and no big deal as she "doesn't like cats" anyway. Besides, she wanted to get back at her roommate and I am sure she got a big giggle thinking about her ex-friend's face when she opened the oven door and found the charred body of her beloved pet inside.

A week after that despicable story came out, we hear that a Florida teenager has been arrested in string of brutal cat slayings, charged with torturing, mutilating, and murdering at least nineteen of his neighbor's cats. Eighteen-year-old
Tyler Hayes Weinman is accused not only of horrific abuse of animals, but also of displaying their mutilated bodies in grotesque positions on the lawns of their owners. Weinman, the serial cat killer, like the coldblooded Cheyenne Cherry above, has no empathy for either animals or humans and gets his kicks out of causing extreme suffering, both physical and emotional, to other living creatures.

These two disgusting so-called human beings join a long list of violent psychopaths who enjoyed torturing and murdering animals in their youth. Serial killer and cannibal Jeffrey Dahmer liked to stick heads of animals on sticks in his yard. Serial killer
Edward Kemper decapitated his pet cat and stuffed it down the disposal just like he did his mother sometime later. Child murderer Earl Shriner stuck firecrackers into dog's rectums and spree killer Andrew Cunanan liked to stick lit matches into the eye's of crabs and then watch them stagger around blindly. And let's not forget the Columbine mass murderers, Eric Harris and Dylan Klebold, who bragged to their friends that they got a kick out of mutilating animals.


The list of killers who started violent crime careers with animals abuse is extremely lengthy. If fact, studies cited by the Humane Society found 46% of serial killers admitted to committing cruelty to animals as juveniles and 50% of school shooters had a history of animal cruelty. I can bet the numbers are actually much higher but some psychopaths hide their crimes better than others and some are simply lying about their past maltreatment of animals.

Does this mean all young people who torture and kill animals will become serial killers or mass murderers? No, but I think society needs to recognize the danger we are putting innocent people in when we don't deal with these psychopaths harshly enough. It is not okay to give them probation or a few weeks or months in jail and then send them back into our neighborhoods. It isn't even okay to suspend their sentence if they agree to get psychiatric help because no amount of therapy is going to cure them of their sadistic desire to inflict pain and suffering on others.

So what do we do with serial killers who haven't yet chosen humans as their prey? Our country is huge and our population transient. Neighbors often don't know each other at all and there is no way for citizens to be aware these predators are in their communities.

I think it is time we require violent repeat offenders and violent offenders of one extremely heinous crime to be registered, tracked, and "outed" just like sex offenders. In olden days, criminals had a harder time hiding because everyone knew who the bad guy was in their neighborhood. We should return to those days: if the violent criminal tries to hide among people who don't know him, we should do those people a favor and rat him out.

Violent offenders don't need a break; innocent people do.


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.


Monday, June 15, 2009

Is Rover Reliable?

by Katherine Scardino

I have recently been reviewing some material having to do with some evidence that the State of Texas wants to introduce in a death penalty trial scheduled to begin in October 2009. I am truly astounded that the prosecutors would even consider this evidence as appropriate for a case where a man can lose his life.

I have always heard of dogs sniffing cars, purses or other belongings of citizens to see if they are “holding” drugs. Dog scent evidence is pretty commonplace around the courthouses where I practice law. Lawyers are always trying to figure out a way to outsmart these drug-sniffing dogs who have been trained to find controlled substances - and they usually do. I once had a dog alert on me at the Houston international airport, because I had an apple in my purse that I had purchased in Mexico but “smuggled” into the United States.

My client was accused of capital murder in 1992. He was tried in 1994, and because of other circumstances that we do not need to discuss in this article, his case was overturned by the Fifth Circuit and remanded for a new trial in 2006. From 1994 until 2006, this man lived on Texas’ Death Row. Now, he is in the county jail where the offense occurred awaiting trial.

So, we are working on his case; things going along pretty normally. About a month or so ago, I received an email from the prosecutor advising me that he has obtained a search warrant from some magistrate (not the district court judge who will hear this case) to go to that county jail and obtain scent evidence from my client through swabs of certain areas of his body. That all sounds like it might be OK - except that the prosecutor plans on having a dog smell my client’s scent and then attempt to connect my client’s scent to the scent of this 1992 evidence that has been stored in cans in an abandoned jail since 1994. In case your math is about like mine - that is 15 years ago. So, the bottom line is this: can a dog small your scent and then sniff the 15 year old evidence and make a valid connection between your scent and the evidence? And, if one assumes that this is legitimate science and credible, then it is proof that the defendant is connected to the crime.

The defense team is obviously not going to take this lying down - right? So, we do some research. One of the interesting articles we found is from Florida and from the
Orlando Sentinel newspaper today. The article discusses three men who spent twenty-something years in prison for crimes that DNA now proves they did not commit. Each of these three men was convicted by the prosecution using a German shepherd named “Harrass”. The articles indicates that the only way the owner of Harrass was discredited was by the judge testing the dog himself. Is that what it really takes? Does a judge have to step down off the bench, take the dog by its leash, and see if the dog actually alerts to a valid scent without his owner/trainer. Apparently, the dog did not alert to anything when the judge was testing him.

We have in our jurisdiction an owner/trainer of three dogs who are just as wrong as Harrass was in Florida. We have a situation where my client could be sentenced to death and part of the State’s case will rely on the dog sniffing lineup of 15 year old evidence. Do you think a dog can connect a scent to evidence that is this old?

What about the legal “reliability” of scientific evidence? Is it really scientific evidence - or is it just junk science? And, if it is just junk science, why are we using it to possibly execute a citizen?

But, the real problem has to do with the mindset of the prosecutors who are willing to use this evidence to convict a man of capital murder and possibly obtain a death sentence. Am I the only one who is scared to death about people in our world who would be willing to present this evidence to a jury and argue to this jury that the evidence is valid and reliable?

I need a judge who is willing to step off the bench and get his hands dirty - like the judge in Florida.....


Friday, June 12, 2009

A Sign of the Times...."Sexting"

by Robin Sax

Sexting is a relatively new term in our lexicon, referring to the sending of a sex image through a text message (combine the word sex and “texting” and you get sexting). You may be surprised to find out that sexting can send a young person to jail. Even more, it can cause him/her to be convicted of the dissemination of child porn and be forced to register as sex offender -- for life.

In October of last year a Texas eighth-grader spent the night in a juvenile detention center after his football coach found a nude picture on his cell phone, sent by fellow student. In January of this year three western Pennsylvania high school girls were charged with child pornography for sending semi-nude cell phone pictures of themselves. Last month in Indiana a teenage boy was indicted on felony obscenity charges for sending a photo of his private parts via “sext” to several female classmates.

There is nothing new to the notion that technology has created a bucket-load of new crimes. But like everything else, the technology is ahead of legislators and the criminal justice system. If a 16-year-old girl willingly sends a naked picture of herself to her same aged boyfriend, are we shocked? It seems relatively harmless, right? Maybe… or depending on the jurisdiction and the prosecutor it could be considered a crime (that is, sending and possessing child porn). It all depends on which way you view it. Is it innocent child play or criminally dangerous behavior?


Taking it a step further, what happens when that 16-year-old boyfriend forwards that “sext message” to 100 people, or even just three of his closest friends? Besides the fact that it is mortifying to the young girlfriend (and invading her privacy), the boy could be subjected to charges of disseminating child porn, a crime that can includes jail and a l
ifetime registration as a sex offender. Now, I am not here to argue that the child should not be punished. Of course there should be consequences. But should that 16-year-old now be a registered sex offender? I say hell no!

We can argue whether or not the boyfriend’s actions should be considered criminal or merely a boyish prank. But the bigger issue is whether or not this 16-year-old can really be considered a sexual predator that belongs on a
sex registration list. I do believe the boy should be punished, charged with harassment, bullying, or whatever. Requiring registration, however, in this case only does one thing: undermines the sex offender registry. As parents and citizens, we need to know what we are talking about when we refer to sex offenders. Most people agree that this list should be reserved for the “true” predators and molesters who have a likely chance of recidivism (repeating the crime of seeking young victims as sexual prey). When you hear child porn you think an adult with pictures of a pre-pubescent or barely pubescent child. Not 16-year-olds sending pictures of themselves naked.

Severa
l states see my argument and agree. Here are some recent legislative developments around the country:

Vermont lawmakers introduced a bill in April 2009 to legalize the consensual exchange of graphic images between two people 13 to 18 years old. Passing along such images to others would remain a crime. In Ohio, a county prosecutor and two lawmakers proposed a law that would reduce sexting from a felony to a first-degree misdemeanor, and eliminate the possibility of a teenage offender being labeled a sex offender for years. In Cincinnati the proposal to lesson sexting was supported - even by the parents of Jessie Logan, an 18-year-old who committed suicide after a naked picture of herself (which she sexted) was forwarded to people in her high school. Utah lawmakers lessened the penalty for sexting for someone younger than 18 from a felony to a misdemeanor.

But more needs to be done; specifically in the areas of parenting and educating our teens. The
National Campaign to Prevent Teen & Unplanned Pregnancy, a private nonprofit group whose mission is to protect children, along with CosmoGirl.com, surveyed nearly 1,300 teens about sex and technology. The result: 1 in 5 teens say they have sexted even though the majority knows it could be a crime, they continue to do it.

So, friends, I ask you…where do you stand on what do about “sexting??” Let me know I what your thoughts....email me at
http://www.robinsax.com/.


Thursday, June 11, 2009

Heaven Spelled Backwards

by Donna Pendergast

Nevaeh (heaven spelled backwards) Buchanan was only 5-years-old when she disappeared, three days after her graduation from pre-school. Allegedly last seen riding her scooter in the parking lot of the Charlotte Arms Apartments in Monroe, Michigan, Nevaeh was reported to have been last seen by a young neighbor around 6:30 pm on May 24th. Whether or not that was the last time that she was seen by family or friends remains to be seen.

Into Thin Air

Nevaeh's mother, Jennifer Buchanan, has had her ups and downs in life. Arrested on a charge of First Degree Home Invasion she was found guilty of breaking into homes to support a drug habit in 2006. Nevaeh's grandmother, Sherry Buchanan, was granted custody of Nevaeh while her daughter was incarcerated. After Jennifer was released from jail she lived with her mother and her daughter in the run down apartment at Charlotte Arms

Jennifer Buchanan has told police that she spent the afternoon hours watching television at the apartment along with Nevaeh. She told police that Nevaeh left the apartment around 6:30 pm to go a friend's apartment in the same building. According to Jennifer's statement to police, a few minutes after Nevaeh left the apartment, another child who lived in the building knocked on the door to tell her than Nevaeh was out riding her scooter in the street which Jennifer interpreted as being the parking lot of the apartment building. When Jennifer got down to the parking lot, she was unable to find Nevaeh but found her scooter abandoned by the side of the building.

Jennifer claims to have searched the surrounding area for 45 minutes finding no trace of Nevaeh. She eventually informed the apartment manager that Nevaeh was missing. After an unsuccessful canvass of the apartment building, the police were called around 8:30 pm.

A Disturbing Revelation

A task force from the
Monroe County Sheriff's Department, the Michigan State Police , and the FBI was formed to search for Nevaeh and an Amber Alert was issued. As the police investigation progressed, it was learned that Jennifer Buchanan had befriended and had exposed her daughter to to convicted sex offenders, George Kennedy 39 y/o and Roy Smith 48 y/o. George Kennedy was convicted of raping a 15-year-old girl behind a gas station in 2002. Roy Smith, a friend of Kennedy's, was convicted in the sexual assault of a woman who claimed that he raped her twice in his car in 1991. Jennifer Buchanan has stated that she knew about Kennedy's past, but that she had confronted him about it and he had been "honest with her about it". She also told police that she knew that Smith attended classes with Kennedy so she figured that he had been convicted of the same sort of offense. Buchanan has also stated in a television interview that Kennedy had become a sort of "father figure" to Nevaeh. Both Kennedy and Smith, whose parole conditions forbid contact with children or anyone who has children, are now both in jail on possible parole violations.

A search warrant issued early on in the investigation stated that a friend of Nevaeh's claimed that he had seen a man stab Nevaeh in the woods near the apartment building. The boy's mother has subsequently discounted that information, stating that the boy saw nothing. The blood from a knife recovered from Kennedy's hotel room was tested and determined not to match Nevaeh's
DNA. The police have not released further information about that blood, including whether or not the blood was human blood.

A Horrifying Discovery

On June 4, a father and son who were out fishing stumbled across a ghastly discovery. They noticed what appeared to be quick drying cement over a disturbed area of ground down a steep embankment a few feet away from the
River Raisin in Monroe County. After kicking away a piece of cement they observed human flesh and contacted police authorities. On Tuesday, the body was confirmed as being young Nevaeh's. She had been buried in a shallow grave with a quick drying cement poured on top of her small body.

An initial investigation by the medical examiner has determined that there is no evidence of outward trauma to Nevaeh's body, discounting the earlier information in the search warrant that she was stabbed. Authorities have indicated that it may be several weeks before the cause of death can be determined or ruled on.

So Many Unanswered Questions

While focusing on Kennedy and Smith, the police investigation has apparently not ruled out Nevaeh's mother as a person of interest either. She has been questioned multiple times, and last week gave permission for the police to search her apartment. Jennifer Buchanan has publicly stated that she has no involvement in the girl's disappearance, and walked off the Nancy Grace show the other night while under intense grilling from the host.

While many questions remain unanswered, one thing remains clear, heaven spelled backwards spells Hell.


Statements made in this post are my own and are not intended to reflect the views, opinion or position of the Michigan Attorney General or the Michigan Department of Attorney General.


Wednesday, June 10, 2009

Passion Pulls the Trigger

by Susan Murphy-Milano

On July 4, 1995, Pam Munson welcomed her second child into the world. Her 2 year-old son, Zak, was with Grandma Linda Fitze waiting for his mommy and daddy to bring his new baby sister home from the hospital. However, instead of celebrating the birth of the new baby, Pam was greeted by a horrifying crime scene 2 days later. Her mother's body lay lifeless in a pool of blood near the dining room table. She was shot once in the shoulder, and again in the head, at close range with a 38-caliber revolver. Pam's little boy, Zak, was hiding in the closet after discovering Grandma with half her head blown off.

Within a few months of the murder, Pam Munson contacted me by phone looking for support and answers to questions that haunted her from the day she found her mother's body. "Does it ever stop? You know the pictures in my head and the nightmares." We spoke for an hour, but I doubt I was much comfort other than we were members of the same "Private Murder Club."

As with so many of these cases we watch or read about, during the trial of the Linda Fitze murder, the defense called the crime one of passion. But, Pam remembers how her father threatened her mother throughout their marriage, and especially six months prior to her murder--while they were separated. "It was not a crime of passion, it was premeditated, cold-blooded, murder. He killed her because he did not want my mother to get any of his money," recalled Pam.

In 1997, Russell Marvin Munson stood trial for his wife's murder. The defense played the "crime of passion" card. A key part of the prosecuting attorney's case for life without parole was the detailed journal the Texas mother kept that chronicled the abuse during her marriage to Munson; but it was not admissable in court. The judge allowed the graphic crime scene photos-- a victory for the prosecution in which to build their case.

The eight day trial led to the jury's decision to find the 59-year old guilty of murder. Munson was sentenced to 20 years in prison. At the time, the trial brought some closure, but the scope of any murder is difficult for anyone to comprehend. Especially when "your own father pulls the trigger and shows no remorse."

In 1999, Munson filed with the appellate court asking for a new trial citing four issues to consider that were either not allowed, or improperly carried out, by the trial judge. The most revolting issue cited in the filing--and common among abusers, is to shift the blame. In this document Munson accused the decendent of "prior sexual abuse."

A few
weeks ago, on my facebook page, Pam re-connected with me. "You probably don't remember me, but I contacted you in 1995, a few months after my mom was killed. The following week we spoke on the phone. "It doesn't go away, even after all these years, the depression, anger, and the feeling that we are incomplete as if we are the owners of our fathers actions. It is felt every day of my life."

The
topic of children forced to continue with a "normal" productive life after living with years of abuse, resulting in murder, is not a subject covered by the media. We often forget about the kids left behind. On June 10, 2009 at 3:00PM Central time, on The Susan Murphy Milano show, Pam Munson and I will discuss the topic of children whose fathers have killed their mothers. It is an important subject: as the lives of the children witnessing violence and terror in their homes, if they survive, live the remainder of their days on earth often in darkness and without hope.


Tuesday, June 9, 2009

The "Best" Spousal Murder Stories

by Laura James

Books about spousal murder, when done well, can make for the most insightful psychological reading around. That's why we love to read them. That's why we love to study these cases. That's why spousal murders have been one of the most perennially popular themes in literature, fiction and non-. When we crack open the bedroom door on a marriage that went to hell, we often wonder, do we see anything recognizable?

The greatest strength and appeal of well-written books in this theme lie in the psychological analysis of the principals. Sometimes this is done by the author, who comes right out with her conclusions about the causes of matrimonial disasters. Sometimes the facts speak for themselves, and perfect reporting with nary a hint of error or fictionalizing can speak powerfully to the character of the husbands and wives who end up at one another's throats. By the time we're done with the best of these books, we can fathom the endings.

The best five books about a spousal murder that I have ever read -- the most insightful, the most revealing of the nature of a couple -- strictly non-fiction, true crime, of course -- are these five books.

A Crime of Passion by Stanley Loomis - L'Affaire Praslin, a spousal murder story of great human drama involving French royalty, played out in the weeks immediately prior to the bloodbath of 1848. Searing in its perceptions of the husband and wife -- a Duke and Duchess, murderer and murderee -- it is a terrific book published forty years ago that deserves to be better known and loved today. It's a true spine-tingler.

Until the 12th of Never by Bella Stumbo - The murder of Dan and Linda Broderick by Betty Broderick. It’s impossible to finish this without having a strong opinion on the case.

Dead by Sunset by Ann Rule - The murder of Cheryl Cunningham by Brad Cunningham. Said Kirkus: “This book is better plotted than the murder itself.”

She Wanted It All by Kathryn Casey - The murder of Steve Beard by Celeste Beard and Tracey Tarlton. An even better title might have been She Couldn’t Wait.

Gone Forever by Diane Fanning - The murder of Susan McFarland by Richard McFarland told in chilling detail through the victim's diary and the murderer's confession.

I'd love to hear your suggestions along these lines... or the reason you find yourself drawn to macabre stories of marriages that ended in bloody tragedies.


Monday, June 8, 2009

She Drank Martinis, Drove 115 MPH and Allegedly Killed This Smiling Mother of Four

Hunt for Justice
by Cynthia Hunt

This isn’t one of my flashier posts about chasing a serial killer or another high profile crime that I have covered. It is about an
alleged killer—a woman who investigators say got wasted at a martini bar, jumped behind the wheel of her car, and drove it 100 mph into the back of an innocent mother’s vehicle. (Cheryl Guberman, pictured left, died in the accident)

If you think you are mad now, wait until you hear what Pamela Pugh allegedly said after the crash.

Officers Say Pugh Made Up a Big Lie

Constables on the scene say Pugh told them an elaborate story of how another car cut her off, caused her to hit the toll road’s concrete barrier, and then fled the scene. Deputies could not see Guberman’s truck which had actually plunged into the dark woods 44 feet below and down the road from where Pugh stopped.

Two hours later the husband and son of 44-year-old Cheryl Guberman found her dead in her wrecked vehicle. That night, Cheryl was simply driving on the Hardy Toll Road, the road that many Houstonians take to the airport, to pick up one of her sons.
Cheryl was a mom of four.

Technology Tells On Pamela

Officers, who didn’t know about the real victim, did know one thing. They say Pugh stunk like booze and could not balance. The experienced defendant refused to take a breath test or to submit to field sobriety tests so officers arrested her and took her in for a good ‘ole blood test. (Pamela Pugh, pictured below)

Technology is a great thing.

Pugh’s blood alcohol content showed she was 0.19—more than double the state’s legal limit.

Technology disproved Pugh’s story in another big way.

Car Computer Proves Pugh Drove 115 MPH

The computer on Pugh’s Chrysler Sebring shows she was driving 115 mph five seconds before the crash and 100 mph one-tenth of a second before impact. The computer also shows that Pugh slammed into Guberman without ever hitting her brakes.

Pugh, who was at first charged with DWI, now faces charges of intoxication manslaughter thanks to all that technology.

Technology could have …and should have…saved Cheryl Guberman’s life.

Can We Charge The Texas Senate with Intoxication Manslaughter Too?

Two weeks before Cheryl was killed, the Texas House passed a bill requiring people convicted of drunk driving to have an ignition interlock device installed on their car. The Texas Senate never even held one hearing. I’m sure the Senators were busy with more important matters like talking to lobbyists.

It probably won’t surprise you that Pugh was convicted of drunk driving in 2007.

It’s no secret that convicted drunk drivers continue to drink and continue to drive. I’ve done the story. Other reporters continue to do the story.
Studies prove it. Graves illustrate it. The devastated families left behind can tell you about it.

Jury Sentences Texas Drunk to 75 Years in Prison for Ninth DWI

Just outside of Houston, TX in Brazoria County, a jury just sent Keith Peltier to prison for 75 years. It was his ninth DWI conviction. Peltier’s attorney Jon Jaworski says the sentence is too severe and that his client was not drunk but in diabetic shock.

Really Jon?

You expected a jury of fine Texans to believe that one? Even if you are right, your client should have been locked up years ago. It shouldn’t take nine DWI convictions to get these liquored-up killing machines off the road.

As for Pugh, she has now hired defense attorney Troy McKinney, a man the
Houston Chronicle says is known for successfully defending DWI cases.

My heart breaks for all the Guberman children. One of Cheryl’s sons graduated from high school the same week his mother was killed.

Technology could save the lives of other moms like Cheryl if the Texas legislature would simply do its job and use it. Perhaps the Senators can make time in their busy calendars to schedule a hearing and listen to Cheryl's husband of 23 years or her four children…especially the son who helped his dad find his mom’s body.


Friday, June 5, 2009

Blocking Access to DNA Testing

by Diane Fanning

In Louisiana, Kenneth Reed sits in prison convicted of rape. He continues to claim his innocence and file appeals. A simple DNA test could confirm his guilt or throw his 1991 conviction into doubt. The prosecutor is blocking that testing as hard as he can even though though the state of Louisiana is one of forty-six states to give that right to inmates.

For the past three years, an Illinois state attorney has been obstructing DNA testing for Johnnie Lee Savory (right), convicted of a double homicide in 1977 when he was 14 years old, insisting that the jury didn't need DNA to convict. A ridiculous statement considering the fact that there have been 175 exonerations by DNA.

State after state, the story continues--prosecutors balking at the tests that could actually confirm the guilt of the inmate or point to possible innocence. Certainly, all claims of innocence are not valid just as DNA testing is not always the whole answer to every case. But even if it doesn't tell the whole story, it is a vital piece of the puzzle.

Hearing all these prosecutors battle against the revelation of all the facts and truth in a case makes you wonder if they understand the meaning of justice, have any concept of their mission, or remember they are representing us in the courtroom, not themselves. Too many of them have prioritized winning over truth and justice, making a mockery of the law they are sworn to uphold.

Fortunately, not all of the people’s representatives in the court of law have lost sight of the meaning behind their calling. One sterling example of a prosecutor with a clear vision of his mission is Craig Watkins (right) in Dallas County, Texas.

Watkins took office in January 2007 inheriting a staff that possessed a win-at-any-costs mentality embedded in the office culture by legendary Dallas County prosecutor Henry Wade. Wade actually bragged about obtaining convictions on innocent people--he said it proved his tremendous skill as a prosecutor.

In July 2007, Watkins established the Conviction Integrity Unit charged with the oversight of four hundred post-conviction reviews where DNA could provide answers. He staffed it with one assistant district attorney, one investigator and one legal assistant who work in conjunction with the Innocence Project of Texas. It is the first division of its kind in the United States.

Since its inception, the unit has called for testing in forty cases of claimed innocence. As a result, nineteen men were determined to be wrongfully convicted and ten innocent men have been set free from Texas prisons. Barry Scheck of the Innocence Project said: "Sometimes district attorneys are reluctant to admit that a mistake was made. What he proved is if the district attorney's office is not afraid to admit that a mistake was made and correct it, then juries will reward them for it. By doing justice, you establish credibility."

It's not all one-sided in Dallas County as a single viewing of Dallas DNA on the Investigation Discovery channel demonstrates. Many men requesting the genetic testing to clear their names are informed that, to the contrary, it confirmed their guilt. I imagine most of those inmates were just gambling that the science would fail and a mistake in the lab would set them free. A few had probably lied so long, they'd forgotten the truth. Either way, the jury verdict was confirmed as just and true.

There are those out there who are not moved by the thought of an innocent person in jail. They tend to think that those people probably committed another crime and just got away with it--so what difference does it make to keep them behind bars. This cynical attitude overlooks one very important problem--a complication that leaves all of us less safe, by exposing us to the predation of more rapists, killers and molesters.

Every time an innocent person is wrongfully convicted, there is a guilty person--perhaps a very violent person--who walks free able to re-offend. Brandon Garrett, a professor at the University of Virginia School of Law, analyzed 225 cases of DNA exoneration. In 98 of those cases, the new information led straight to the actual perpetrator allowing law enforcement to get the guilty man off of the streets.

Conviction at any cost is simply not in our best interests, even if we never end up in a courtroom on either side of the aisle. Self-preservation alone should prod all of us into demanding that prosecutors in our jurisdiction care more about justice than they do about winning. I don't expect perfection from the state's attorneys--they are human, there will be mistakes.

But I do expect prosecutors to care about these errors, to be willing to admit to them and to do everything possible to restore justice to wrongfully convicted inmates.

After all, as citizens, it is in their best interests, too.


Thursday, June 4, 2009

Where is Jennifer Kesse?

by Stacy Dittrich

Jennifer Kesse (pictured left) had her future in the palm of her hands. Smart, beautiful, and surrounded by an extraordinary circle of family and friends, she was known for her infectious smile. The morning of January 24, 2006 began like any other day. She had just spent a glorious weekend in St. Croix with her boyfriend and small group of friends before flying home alone to Orlando, Florida. Going through her usual routine, Jennifer got herself ready for work. Over the prior weekend, Jennifer’s younger brother, Logan, had stayed at her condo with a group of friends—one who inadvertently left his cell phone. On this particular Tuesday morning, Jennifer set out in search of a roadside mailbox in an attempt to mail the cell phone back. There was never a morning that went by that Jennifer didn’t phone her boyfriend or family before she left for work. On this morning, no phone call was ever made.

Jennifer Kesse never arrived at work that day, nor has she been seen since.

Jennifer’s family quickly convinced police this wasn’t a typical missing person’s case. By noon on January 24th an exhaustive search by police, family, and friends began in an attempt to find Jennifer. Her condo was as it should be, no signs of struggle or robbery, but signs of Jennifer and her morning routine were everywhere; wet towels from her recent shower, and work clothes laid out on her bed.

At noon on January 26, 2006—just two days after Jennifer disappeared, her family’s worst fears were realized. Police located Jennifer’s Chevy Malibu parked in an apartment complex just one mile from her home. To further matters, surveillance video shows a male suspect parking the vehicle and quickly walking away from it. Jennifer was still nowhere to be found. Clearly, Jennifer Kesse was an endangered missing person and police worked around the clock to identify the suspect. I had the privilege of interviewing Jennifer’s father, Drew, last night on Justice Interrupted Radio. When asked about the identity or whereabouts of the subject, he simply stated, “He is as missing as Jennifer is.” Drew went on to describe how police used every tactic known to law enforcement to draw the suspect out, but it appears the suspect has evidently vanished. Three separate law enforcement agencies processed Jennifer’s vehicle extensively and had recovered some viable evidence, but it’s as if the suspect doesn’t exist, yet he remains at large.

The family refuses to give up hope. Launching a national media blitz, Jennifer’s case has drawn the attention of Good Morning America, Greta Van Susteren on Fox, numerous other television and radio shows, and specifically, now remains on the America’s Most Wanted web site. 48 Hours aired Jennifer’s story July 1, 2008.

On April 3, 2008, specific photographs of Jennifer’s four-leaf clover tattoo (pictured below), and the purse she was carrying when she was abducted were released by the Orlando Police Department in attempt to bring more attention to the case. Her purse has never been located, and it was determined she never mailed the cell phone, which hasn’t been recovered as well. Regardless, police are adamant they are not dealing with a robbery since various items of value were still inside her vehicle. The case remains highly active within the Orlando Police Department.

Drew Kesse continues to search for his daughter, his strength epitomizing a parent’s love for his child and those children missing everywhere. Just recently, he was named president of the Florida Missing Children’s Day Foundation, and was a driving force behind Florida’s Senate Bill 502—“The Jennifer Kesse and Tiffany Sessions Missing Persons Act”—a new bill to enhance Florida’s missing person’s laws. On Monday, September 14, 2009 Drew will lead a ceremony in remembrance of Florida’s missing persons to be held in the Capitol Courtyard. Everyone is encouraged to attend.

On the impressive web site dedicated to finding Jennifer, flyers of Jennifer and of the suspect (pictured left) are available for download. The family encourages everyone—no matter what state they reside, to distribute the flyers throughout their community.

For the Kesse family, each day is a struggle, but they continue to survive, hoping their efforts will eventually bring Jennifer home.


Wednesday, June 3, 2009

Women in Crime Ink in the Wall Street Journal!

To be written about in the famed Wall Street Journal proved to be quite a coup for a crime blog still in its infancy—just a little over one-year-old. On Tuesday June 2, 2009 the WSJ listed Women in Crime Ink as one of the six blogs listed in their famed “Blog Watch.” Needless to say, WCI contributors were exploding each other’s phones with the news, and definitely with excitement. WCI contributor Laura James’s own blog, Clews, was also one of the blogs featured. Editor Becky Bright wrote:

“Women in Crime Ink is hosted by a cast of female journalists, lawyers, authors and others with a passion for true crime. It has amassed an extensive archive of essays and commentary from women’s perspectives about crime and the court system.”

She even quoted WCI’s Diane Fanning from one of her recent posts regarding WCI’s general discussions of the psychology of crime and crime trends:

“Who am I to judge those who are taken in by these manipulators?...When I see a spouse certain of their loved one’s innocence, I won’t automatically suspect their involvement.”

Whatever the circumstance, the crime, the victim, or the story, the ladies here at Women in Crime Ink will undoubtedly continue making an impact throughout the halls of crime. Congratulations!


Tuesday, June 2, 2009

Your Dog Won't Get You Out of Jury Duty (unfortunately)

by Laura James


About 15 or so years ago, many states in the United States moved from voter registration to driver's licenses to choose jury pools. This decision has had terrible consequences for the criminal and civil courts. The worst: the quality of the average jury has plummeted.

It was an understantable move. In the interests of increasing racial diversity in jury pools, driver's licenses were seen as a way to broaden the pool.

But in doing so, they picked up every felon who isn't eligible to vote -- and every citizen (and non-citizen) who cares so little about current affairs that they don't bother to register. People who lack enough interest in government to cast a ballot get to cast ballots in murder cases. Go figure.

If you ever find yourself puzzled over some high-profile verdict, if you ever find yourself wondering about the quality of the average jury today, well, here may lie part of the answer.

It's very, very unfortunate. Yet the decision will probably never be reversed.

On the other hand, the excuses for getting out of jury duty may have gotten more creative since the switch. This gem recently emerged from the courts of Montana. It's an affidavit completed by someone chosen for jury duty who didn't want to serve -- and the resulting court order by a teed-off judge, and it's making the legal rounds of lawyers these days via email.

In it, a fellow declares: "Apparently you morons didn't understand me the first time. I CANNOT take time off from work. I'm not putting my familys well being at stake to participate in this crap. I don't believe in our "justice" system and I don't want to have a goddam thing to do with it. Jury duty is a complete waste of time. I would rather count the wrinkles on my dogs balls than sit on a jury. Get it through your thick skulls. Leave me the f**k alone."


And the resulting court order read as follows:



CITATION FOR CONTEMPT
THE FREEDOM AND LIBERTY THAT MR SLYE ENJOYS DEPENDS UPON THE VOLUNTARY SERVICE OF JURY DUTY, THEREFORE, IT IS HEREBY ORDERED THAT ERIC SLYE BE AND REMAIN IN THE COUNTY JAIL FOR 20 DAYS OR UNTIL HE RECANTS HIS CONTEMPTUOUS CONDUCT IN OPEN COURT. MR. SLYE'S FAMILY MAY VISIT HIM ON WEEKENDS BUT HIS DOG SHALL STAY AT HOME UNMOLESTED BY THE DEFENDANT.


Monday, June 1, 2009

A Stroll Down The Crime Aisle

by Diane Dimond


Scene: Book Expo, New York City, May 30, 2009 – Inside the mammoth Javitz Center

Players: Tens of thousands of publishers, book dealers, authors and fans

What I’ll remember most: I finally got to meet Mary Jo Buttafuoco, the ultimate crime survivor! (Pictured right, photo courtesy of WCI Contributor Stacy Dittrich)

Back in 1992, I was just one in the horde of reporters to
descend on a sleepy waterfront neighborhood in Massapequa, New York. We came, like moths to a flame, because the sensational news story of that time revolved around a cad of a married man, his teenage Lolita, and his long suffering wife who had simply opened the front door of her home one day and was shot in the head.

As we were introduced Mary Jo said, “I remember you. You were with Hard Copy!

I immediately ‘fessed up. “Yes. I was one of those reporters camping out in your front yard back then. I apologize.” And I braced myself for criticism. After all we had further and completely disrupted her life at the worst possible time in her life – as she came home from the hospital (weighing just 89 pounds) to recover from what could have been life-ending injuries inflicted by her cheating husband’s 17-year-old lover, Amy Fisher.

But Mary Jo Buttafuoco was sweet as could be. She waved off any awkwardness and smiled brightly as she signed my copy of her soon to be released book,GETTING IT THROUGH MY THICK SKULL - Why I Stayed, What I Learned, And What Millions Of People Involved With Sociopaths Need To Know.” We spoke briefly about how wonderful her life is now, with a new man, upcoming wedding and their blended family of children. We spoke about the “train wreck” that her shooter, Amy Fisher’s, life had become, but Mary Jo didn’t dwell on it. She didn't have much to say about her sociopathic ex-husband Joey either.

After all she’d been through I got a lump in my throat at her graciousness and near complete recovery. Only the slightest droop in an eyelid and on one side of her mouth gives a hint at how grievously she was wounded.

Earlier, at that very same table I’d stopped by to see my friend, TV journalist Jane Velez Mitchell (pictured right with me, photo courtesy of Diane Cohen). She signed a copy of her new book, “I Want” for me. It is also about surviving what life deals you. My courageous friend lays bare her once crippling addiction to alcohol and other bad habits and holds out her hand to help others walk a path to recovery. On air for her nightly HLN Network show, “Issuesshe may seem like a tough, aggressive person. Off air she is a darling with a soft side who spends much of her time on causes like animal rights and the environment. I appear on her program once in a while as a guest commentator and I appreciate the fact that Jane allows her guests to actually finish a sentence and put the subject-at-hand into perspective.

Then, while sitting in the Justice Interrupted booth with my friends Stacy Dittrich and Susan Murphy Milano (Robin Sax had taken a quick break to go shopping on 5th Avenue!) I ran into author Julie Spira (below) whose book The Perils of Cyber-Dating: Confessions of a Hopeful Romantic Looking for Love Online,outlines the do’s and don’ts of internet dating from a safety standpoint. She knows of what she speaks! This veteran of the digital-age-date lays out her first hand experiences with many of the losers who troll the internet superhighway just looking for vulnerable women. As smart as she is Julie was duped into loving and marrying a criminal liar she met on the net. He wasn’t really an architect. He wasn’t really self sufficient. And he really took her for a ride that, in the end, cost her about 100 thousand dollars as well as her dignity. If you’re considering internet dating do yourself a favor and read this book FIRST.

Three women, three very different and inspirational stories of survival in this world where criminals often seem to have the upper hand.

I experienced lots more at Book Expo. Wandering the never ending aisles hung with huge signs over head - Simon and Schuster, Harper Collins, Penguin, Prometheus – I stocked up on brand new give-away books. Naturally, I went for those with a crime and justice angle. Although not new this season I was riveted by two books at the Good Books booth by Howard Zehr. Transcending: Reflections of Crime Victims” and “Doing Life: Reflections of Men and women Serving Life Sentences.Both books are exactly what their titles imply. And they both offer stunning, haunting photographic portraits of the subjects – those who’ve miraculously survived violent crimes only to feel victimized in a different way by the court system that doesn’t really account for their participation and those men and women who are serving the rest of their lives in prison with no possibility of ever being released.

I saw my old pal Mark Klass and we were both delighted when Dr. Ruth walked by and stopped to chat with Mark. (We giggled later at how Mark was able to stay seated while he spoke with her and at the same time look right into her eyes - Yes! She's that short!) I think I spotted singer Paul Simon wandering around but I was too shy to run after him to see if it was really him. There were women wearing skimpy hot pink bathing suits touting the “perfect diet” books and Tibetan-looking monks strolling the aisles in saffron colored robes. The Justice Interrupted ladies were approached by the Tyra Banks producers who were enthusiastic about booking them for her show. Hero Pilot Sully Sullenberg charmed folks in the Borders Books Booth.

As Stacy Dittrich (pictured below with me in the Justice Interrupted booth), Susan Murphy Milano and I left for the day Susan and I marveled at the quality and number of books in the booths around us. We wondered how much longer books as we know them will exist. Will the internet, the kindle and devices we can’t even imagine replace these lovely companions one day? Will libraries become museums in the future? Maybe.

But for now I’ve got a bag full of books to keep me company! And, I got to shake hands with Mary Jo Buttafuoco, a woman I’d done so many stories about but never met.