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Tom Robbins and the NYTimes Lie About Judith Clark’s “Rehabilitation”

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What a surprise: the New York Times is lying again.  It must be . . . well, it’s Friday.

The lie starts with a pun.  Because dead cops are always the right occasion for lighthearted humor:

Judith Clark’s Radical Transformation

Judith Clark: a “ray of sunshine” who made some mistakes as a youth

The “radical” in the title refers to participating in the Brinks robbery that left two police and security guard dead.  Wordplay: funny.  The “transformation” is more of the usual claptrap about radical chic criminals — their in-prison AIDS activism that is actually about attacking the government, not a disease, and all the faked MFA degrees handed out like candy by PEN and other cop-hating syndicates and universities to talentless scum, including Clark’s colleagues Marilyn Buck, Laura Whitehorn, Susan Rosenberg, and so on.

The “lie” is that this article is about Judith Clark’s alleged rehabilitation.  In reality, the Times published this sleazy mythopoesis to advance a very specific yet entirely unmentioned goal: to advance a rules change regarding parole for murderers and other offenders serving long sentences — in other words, to make all those knitting classes and fake poetry degrees grounds for release if you helped kill cops — like the sainted Ms. Clark — or raped and killed women, like several other “reformed” poets and knitter-activists eagerly awaiting the rules change.

Anyone care for another Kitty Genovese?

Tom Robbins should apologize for participating in an unusually ornate untruth.  He should apologize to everyone who might see their loved one’s killer released because of his participation in this lie.

He should wear comfortable shoes: it’s going to be a long and extremely angry line.

I wonder why Times readers put up with this sort of manipulation.  It doesn’t reflect well.

And then there’s the other lies within the lie.

An officer carrying a shotgun waved the U-Haul over. Clark drove past the ramp and stopped.

“I was in this terrified, frozen state,” she said. She considered just driving away. “I can’t do that,” she told herself. “I am not supposed to leave people.”

She heard gunfire behind her. Suddenly “two people jump into my car and scream at me to drive.” She quickly drove ahead, up a curving mountain road, no idea where she was headed. When a police car pursued them, she drove faster. “I am so out of my league,” she remembers thinking.

Clark claims she’s rehabilitated based on her ritual performance of several faux social justice causes, but she’s still lying about the gun, the strategy of using stupid white girls like her to lure police to their deaths that day, and everything else she knows and has done.  She’s lying in very specific ways because she needs to say certain things and deny other things in order to meet the guidelines for parole.  Now, that would make an interesting story.  Not nonfiction, though.

Clark’s shoulder popped out of its socket — a chronic ailment since childhood. She was squirming in pain, trying to bang it back into place, when she heard a policeman barking orders to come out. The shouts came from the South Nyack police chief, Alan Colsey, who had chased Clark’s car over the mountain. After Clark and her passengers were taken into custody, a pistol was found behind the front seat and a clip of bullets in Clark’s purse. Colsey thought she was reaching for the gun as she twisted in her seat. Clark said she never knew it was there. “I sort of rolled out,” she said. “I didn’t want to be shot. I was scared but also relieved it was over.”

Yes, we’re supposed to believe she didn’t know about the gun in her purse (that happens to me all the time) and that she was only “squirming” towards the gun because she hurt herself playing volleyball some time back before she became a weaponized hate-moppet trying to off an innocent cop, and we’re supposed to believe that she has achieved some cosmic level of rehabilitative bliss while we’re also supposed to believe that she knew nothing of the purpose of the Brinks robbery, which was to secure funds to buy lots of other guns that Clark apparently knew nothing about — while believing that she is some sort of unique saint among all the other utterly unique saints who coincidentally happened to converge on one little bloody armed robbery in upstate New York.

You’d have to be Eric Holder to believe all that.

Holder, after all, has made it his personal mission to get cop-killers and terrorists like Susan Rosenberg out of prison.  Judith Clark is the next in line for the Holder privilege: thus the Times clockwork encomium.  If Obama loses the election, the grey cloud within the silver lining will be the inevitable pardons of fistfuls of violent thugs like Clark who had the good sense to choose the right types of people to murder.

In jail, all she could think was that she had let down her friends and had to make up for it. “I was not a good freedom fighter,” she told herself, “but I can be a good captivefreedom fighter.” Her role models were Puerto Rican radicals, linked to a group responsible for a string of deadly bombings, who declared themselves prisoners of war after being arrested.

Why does the Times leave out the rest of the story of these hale and hearty freedom fighters — the part about who they killed, and the part about Eric Holder orchestrating their releases?  The part about the judge’s home firebombed while his children slept, about the prison guards tortured to death?  Why does Tom Robbins so carefully choose to focus on Judith Clark’s knitting of baby clothes, clenching and unclenching of fists, etc., while he cannot be bothered to so much as mention the part about an Attorney General who has repeatedly sided with terrorists who blew away cops and judges and prison guards?

Why not tell the story, if you are going to tell it, if you are an “investigative journalist” teaching, of course, journalism, and of course at CUNY?

Here’s a who, what, when, where, why for Journalist Robbins: how inhumanely elitist do you have to be to weigh Judith Clark’s hobbies against the lives she and her fellow revolutionaries gleefully snuffed out?  For this is precisely the goal of the not-reported campaign beneath this story: to make the hobbies trump the crime, to make a twenty-year pile of bad poetry and offensive radical chic win out over dead and buried men.

Inmate 83G0313, as Clark was known, was considered a major security risk, her every step carefully tracked. There was good cause for concern. Clark’s radical crew was known for plots like the 1979 prison breakout of Assata Shakur, a Black Liberation Army leader. At one point, the prison superintendent, Elaine Lord, was assigned a guard. Twice, Lord had to leave prison grounds as a precaution.

As a precaution against what?  If you have room to count the stitches in Clark’s remorseful sweater-weaving, surely you have the column inches to tell the truth about the real threat these people posed, and the real consequences of their long, in-prison campaigns of terror.  That’s part of the story, too.

In reality, people like Judith Clark become what they become because they are sociopaths, or just pure evil.  As Theodore Dalrymple recently observed in the New English Review, privileging your subjective feeling of mercy for murderers over the rule of law is really no different from privileging a mob who wants to bypass justice in the other direction.  The commenters praising Clark’s personality in the Times comment thread really should take a moment to look in that mirror.

How does the Times justify meddling in the justice system this way?

In December 2010, a few days before Governor Paterson’s term ended, he met with a small delegation of Clark’s supporters led by Bennett and Dennison. He told them that his staff advised against her release and that he was in agreement. Paterson wouldn’t talk to me about it, but he recently told Jim Dwyer, a Times columnist, that he feared being “tarred and feathered” if he released Clark.

Last June, I went to meet some of the people whose wrath the governor feared at a fund-raising breakfast in Nyack for a scholarship fund in memory of officers Brown and O’Grady. Most were still bitter over Boudin’s release and felt that Clark deserved to remain in prison. Did they believe such criminals could be rehabilitated? “I know, they’re all wonderful,” Bill Ryan, a former New York City Police lieutenant who lives nearby, responded sarcastically. “They’re teaching little children and working with the handicapped and unwed mothers.” His remarks brought knowing smiles around the table.

It’s a skepticism shared by many. When I first started visiting Clark, I also wondered whether her transformation was a calculated effort to get out of prison. Over time I’ve come to see her differently.

So Tom Robbins writes a long propaganda piece denying Judith Clark’s cruelty, while tarring her victims, who lost loved ones, with the term “wrath.”  That’s an ugly stunt.  Elsewhere, in places where people possess ordinary morals and judgment, it’s called prejudice.  But not in the universe of the Times, where the Judith Clarks of the world are just more human than their victims.

 

 

 

 

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

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Man rapes, tortures five daughters, impregnates them repeatedly, forces them to deliver babies at home.

Administers beatings with steel-toe boots, wooden boards.  Withholds food, doles out extreme psychological torture.

Flees authorities.  Keeps the young women captive for decades.  For their lifetimes.  Receives probation after getting caught once.  Some of the babies die.  Daughters, wife forced to secretly bury them.

But what about the admissibility of evidence?  Isn’t that what’s really important here?

AP — A New Jersey man with apocalyptic visions is accused of years of terrorizing his family, raping his five daughters and impregnating three, beating his children with wooden boards and even moving at one point to avoid child welfare investigators.  The nightmarish picture of a family subjected to more than a decade of threats and violence and largely cut off from the outside world is emerging in a state courthouse where prosecutors are preparing to have the man stand trial five times, one per child victim. . . . In her testimony, his daughter described experiencing and witnessing beatings administered with wooden boards and steel-toed boots. She said minor transgressions often were punished by the withholding of food.   The girl’s mother testified some of the babies were delivered at home and never received birth certificates, and said in at least two instances babies who died in the home were buried without authorities being notified.  The children were home-schooled, she said, and were discouraged from interacting with other kids.  “No one really asked questions of each other because somebody would tell on somebody and somebody would get in trouble,” she said.  Even after she became aware of sexual abuse, she said she was too frightened to confront him.  “I was afraid to ever accuse him of being demented, or being a pedophile. I knew the word but I wouldn’t dare use it because it would result in a beating,” she said. “I’m sure my not standing up to him didn’t help the kids. They felt disempowered also. There was just a lot of fear. Everybody was threatened.”  Daryl Pennington, an attorney representing the defendant, did not return messages seeking comment

Now, wait for it . . .

Attorneys are scheduled back in court on Friday, when state Superior Court Judge Raymond Reddin is to rule on the admissibility of the wife’s testimony.

It’s the system, not Judge Reddin’s fault, but they will spend more time in that courtroom quibbling over rules of evidence than talking about the crimes themselves.  Such is our justice system, after fifty years of defense-driven exclusion of evidence rulings.  The truth, the whole truth, about what this man has done will unavoidably take a back seat to our sickening and criminal-biased criminal procedural rules.

So who, other than the defendant, is at fault?

Usually, the media’s default angle in a case like this is the “failure of child protection authorities” line.  But is it really the child protection workers who failed when the court lets him go?  In this case, child protection did their job by getting this animal into a courtroom and at least temporarily removing one of his children from the home.  They some judge cut him loose.

Many reporters view child protection workers as fair game — prosecutors and judges, not so much.

Refreshingly, the AP reporter here does not point fingers at the child protection workers and call it a day.  He seeks comment from the prosecutors in the previous case, where the offender was permitted to walk away from extremely serious charges.  However, the reporter doesn’t name the judge who delivered such a lenient sentence.  Maybe the prosecutors were asking for more time.  Maybe it was the judge’s fault.  Maybe both the prosecutor and the judge wanted to throw the book at this man, but they were constrained by a system that still makes it difficult to hold people responsible for crimes committed against their own children.  Here is the AP account:

As the first [rape] case nears trial, questions have been raised about whether state authorities could have put a stop to the abuse sooner. Some of the crimes are alleged to have occurred while the family was under scrutiny by the state child welfare agency, and after the father had been arrested and pleaded guilty to assault and child endangerment.

During that time, child protection authorities has already brought the man to court.  His success in essentially beating the charges (mere probation, despite fleeing, kidnapping, attempted kidnapping, abuse) cannot be laid at their feet.  Doubtlessly, beating those charges empowered the abuser.  I’m sure the child protection workers feared for his daughter’s lives after the court cut him loose.  Then, this:

Arrested in 2006, [the defendant] stands accused of raping five of his daughters, three of whom are believed to have given birth to a total of six children. He is being held on $1 million bond.  Having been ruled competent to stand trial earlier this year, he faces 27 charges including aggravated sexual assault, sexual assault, lewdness, child endangerment, aggravated criminal sexual contact and criminal sexual contact.

He is back in jail now, awaiting trial, but this man was out of jail on bail for the 2006 rape charges for a very long time.  NorthJersey.com has more troubling details about his time out, below.

If the defendant was being evaluated for mental competence, for such serious offenses — five young rape victims, three repeatedly impregnated by him — and if the question was whether he even had the ability to control this behavior (shades of the twinkie excuse of sexual assault), and if his wife and daughters had been tortured by him and were terrorized by him, and he believed their lives were his to destroy, what the hell was he doing out of prison for five minutes, let alone 3+ years, while being “evaluated for psychological competence”?

What type of system says to a serial rapist and torturer: OK, you may not be able to control your rapin’, torturin’ behavior, so we’re going to cut you loose while your lawyer drags out the process of getting you checked out by the yours-and-mine shrinks?

Our system.  I wonder how many other little girls this rapist was able to “get” while awaiting trial this time.  We know some of what he did the last time he walked away with a slap on the wrist:

Authorities say the assaults began in the mid-1980s and lasted until 2002, when the parents separated, and occurred at residences in Paterson, East Orange, Orange and Eatontown. . . According to court records and published reports, the girls’ father was arrested in 2000 and charged with kidnapping for allegedly trying to take three of his children from state custody at a Monmouth County medical center. He posted bail and later pleaded guilty to assault and child endangerment and was sentenced to a year’s probation. Prosecutors in Passaic County say one of the daughters, then in her early teens, was raped as late as January 2002.  New Jersey’s Division of Youth and Family Services declined to comment, citing confidentiality requirements.  But the man’s wife and one of his daughters testified that the agency had indeed removed at least one of the children from the family’s home, and that the family had temporarily moved, first to Jersey City and then to Florida, to avoid the agency’s investigation.

Who was the judge in the 2000 case?  What does he or she have to say about the decision to give him probation for such serious offenses?

NorthJersey.com has more information about the 2006 bail decision. The defendant has been out on bail for years and was only remanded six months ago.  Read this horrifying passage carefully:

It is a complicated series of events that led a state Superior Court judge in Paterson to remand [the defendant] to the Passaic County Jail on Sept. 24 after having been free on $500,000 bail since his 2006 arrest. [He] is awaiting trial on charges he sexually assaulted his daughters and deliberately impregnated them.  [The defendant], 50, committed the sexual assaults from 1985 through 2002 in Paterson, East Orange, Orange and Eatontown, according to prosecutors. Authorities have described him as a “blueblood,” or someone who believes in keeping his bloodlines pure, and that the assaults were a disturbing attempt to create “purebred” offspring.  A hearing is scheduled before state Superior Court Judge Raymond Reddin in Paterson on Tuesday to determine how to deal with the matrix of factors that have made and could continue to make the $280,000 home he used as collateral for his bail insufficient. [The defendant] will remain in jail as long as the matter is unresolved.  What led to the suddenly precarious status of [the defendant's] bail was that prosecutors noticed the defendant was apparently accompanied by a woman and a young child at a recent pretrial conference before Reddin last month, said Joseph Del Russo, Passaic County chief assistant prosecutor. Defendants in sexual assault cases — as a condition of bail — are often ordered not to have contact with small children. Prosecutors checked to see if such a no-contact order was part of [the defendant's] bail conditions set back in 2006. As it turns out, it was. But that became a side issue when prosecutors noticed an even bigger problem, Del Russo said.  “We began to discover that his original bail posting — that is, the original process of posting bail with the County Bail Unit — was flawed,” Del Russo said. The most glaring problem, Del Russo said, was that proof that the property [the defendant] owned was worth $285,000 and was unencumbered — meaning no liens against it — was misleading. The document providing that proof was actually a title search produced by the seller of the property, according to Del Russo.

Let me attempt to reign in my disgust here long enough to paraphrase:

This child-raping animal has been walking free for 3 1/2 years while his attorneys successfully deflected his trial on multiple rape and torture charges.  By now, the defendant is so unworried about consequences that he actually showed up in court with a woman and young child — knowing full well that by having the child with him, he was violating his bail conditions in a child-rape case — in front of law enforcement, the prosecutor, and the judge.

However, the revelation that the child-rapist had another child under his control isn’t what landed him in jail again.

No, the endangering-another-innocent-child-after-impregnating-three-of-your-daughters-six-times-and-raping-two-others isn’t the problem.  Oh, heck no.  That, according to the reporter, the courts can swallow.  Regarding that, they’re good with the guy being out on the streets indefinitely.  Another two or three years, at least.

So what’s this bigger problem than child rape?  Real estate valuation.

The quote bigger problem unquote is that the child-rapist’s house, which he put up for collateral for bail, has some title issues and needs to be reappraised.  Yes indeed, that’s far more relevant than letting a child-rapist traipse out of the courtroom with another little baby in tow:

The most glaring problem, [Passaic County assistant prosecutor Joseph] Del Russo said, was that proof that the property [the defendant] owned was worth $285,000 and was unencumbered — meaning no liens against it — was misleading. The document providing that proof was actually a title search produced by the seller of the property, according to Del Russo.”The seller produced for [the defendant] a title search that showed the house was paid for — free and clear — and unencumbered,” Del Russo said. “Instead of [the defendant] showing his interest in the property, he showed us a document from the seller, rather than from him. So we don’t know, when he brought the house, whether he had a tax lien that followed him, or if he took a second mortgage on it. It was certainly misleading, let’s put it that way.”

Pardon me for being blunt, but shouldn’t the prosecutor be raising hell about the fact that the child rapist has a little child in his custody instead of prattling on to the media about real estate minutiae?

To heck with the mental state of the defendant: unless the NorthJersey.com reporter got the story very wrong, the heads Passaic County authorities need to be examining are the ones on the northern end of their own necks.  While the rest of us examine our hearts.  Doesn’t child rape matter?  Child rape.  Impregnating your daughters, over and over again.  Forcing them to give birth in front of you, for the love of God.  Making them bury their babies in secret.

Kicking their little bodies with steel-toed shoes.  Between rapes.  The prosecutor is busy talking about real estate?

~~~

Whenever I read a story like this, I wonder at the lack of outrage.

  • Where are the campus rape activists and the N.O.W. activists, with their “take back the night” marches and “teach-ins” and glossy “no-means-no” leaflets?  Is that all just . . . self-serving theatrics?
  • Where are the legal activists and law school students and law professors who pour millions of dollars and thousands of hours into investigating perfectly legitimate convictions every year because “every single injustice is unacceptable” . . . unless, of course, it is injustice absorbed by the victims of crime?
  • Where are the across-the-disciplines academics who never met a violent offender who didn’t simply titillate them?  Do they ever doubt their loyalties, ethics, or research claims, looking at a case like this?
  • Where are the tough-on-crime politicians?  Are conservatives still playing shy on child molestation because their “pro-family” constituents don’t like the state messing with private lives?  Are the “dad’s rights” deadbeats whining about attacks on the patriarchy again?  The small government purists linking arms with the A.C.L.U. to denounce prison costs?
  • Where are the crusading journalists, especially self-styled experts like Dorothy Rabinowitz, who has been dining out on the story of two (two!) bad child rape prosecutions from two decades ago, although no pattern of wrongful prosecution was ever uncovered (because none existed)?  Rabinowitz’s large-print account of the Amirault and Michaels cases has done immeasurable damage to the ability of prosecutors to convince jurors that a child has been raped, yet Rabinowitz has never revisited her own claims that these anomalous cases represented anything other than a real good chance to present herself as some sort of breathless freedom fighter.  “Like lightning, the charge could strike anyone” she trilled.  With no supporting evidence.  Because there was none.  This shameful chapter in the usually reliable Wall Street Journal’s history, and Rabinowitz’s histrionic, projection-heavy, thin-on-facts book, No Crueler Tyrannies, could both use an honesty makeover via some attention to the unfolding Paterson case, which has far more in common with the  average child molestation case than the handful of decades-old cases Rabinowitz still rails about.

You know, in the interest of opposing cruel tyrannies.

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

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Crime Victims Media Report is back, after an unexpected hiatus.  Some updates:

Loc Buu Tran

A reader informs me that Loc Buu Tran, previous granted probation for a kidnapping and sexual assault in Clearwater, Florida has finally been convicted of murder in Orlando, after his trial for slaughtering his girlfriend was repeatedly delayed:

Another appeal in the making, yes, but a little light filters through this cloudy justice journey. Today, Loc (Anthony) was judged “guilty, 1st degree murder”. His jury found fourteen stabs a bit zealous for simply giving her the head’s up that he was in control.

Jo Frank

Loc was convicted of sexual battery, kidnapping, and obstruction of justice in 1998.  The woman he kidnapped and raped had “rejected him.”  For this shockingly violent crime, he got . . . a get out of jail free card by some sympathetic judge who probably believed it was merely an acting-out-sort-of-kidnapping-and-rape-thing.  Two years probation for sexual assault and kidnapping.  They probably apologized to him for his inconvenience.

In 2001, the state had another chance to punish Loc and protect women when he violated his probation by committing multiple acts of credit card fraud.  Consequently, he faced prison time for the sexual assault, along with the new charges.  But instead of taking into consideration his new status as a recidivist, another judge gave him another “first offender” chance and telescoped down all his charges to one sentence.  You can guess what happened after that:

[A]fter letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . [t]he State of Florida let him go early, after serving only 26 months of a 38 month sentence.

They also apparently trash-canned the rest of his probation, for good measure.  It’s all about prisoner “re-entry,” you know.  Probation’s a drag.  How dare we ask judges to enforce the law when rapists need to be rehabilitated back into society and given job training and that all-important-help getting their voting rights reinstated (Florida Governor Charlie Crist’s weird hobbyhorse)?

As we know now, Tran “re-entered” society with a bang.  A slash, really, stabbing [another] young woman to death when she tried to break up with him.   Given the court’s repeated bungling of his case this time, you have to wonder if he’ll ever really be off the streets.

Well, he is now, at least until the defense attorneys manage to find the golden key that sets the rapists free.  When Floridians pay property taxes this year, they should remember that they’re now bankrolling Loc’s endless appeals.

I’ll be writing that in the subject line of my check.

Maybe it would be cheaper if we just let him go again, like all the anti-incarceration activists chant.  Of course, they’re also the ones making it so expensive to try people in the first place.  CourtWatcher Orlando, which witnessed Tran’s trial(s), has more to say about the way defense attorneys ran up costs at his trial.  Tran committed murder in 2006.  A few months ago, after the state finally got around to trying him, his trial was suspended because the judge realized Tran had been her client earlier in his epic crawl through the courts.  Responsibility for this mess-up can be laid directly at the feet of the defense bar, which has made prosecuting any defendant so mind-numbingly drawn-out and irrelevantly complicated that the courts can’t cope with even an obvious murder like this one.  Every delay is a victory for the defense bar, which tries to make trials as expensive as possible in order to bankrupt the system.

Then last month, Tran’s trial was postponed again because a translator got sick.  That means dozens of people on the state payroll, and all the jurors who had reorganized their lives to do their duty to society, and the traumatized family members and witnesses, were all left twiddling their fingers for the second time in a row.  Yet CourtWatcher is reporting that Tran didn’t even need a translator.

And, of course, we paid for the translator.  If we had not paid for the translator, that would doubtlessly be grounds for appeal, even though Tran didn’t need a translator.  Nevertheless, I predict that something relating to the translator will be appealed anyway, just because it’s there.  All this costs money.  Our money.

Instead of letting convicts out of prison early to save money, state legislators should be taking a hard look at the ways the defense bar wastes our money, all in the name of some people’s utterly manufactured version of “rights.”  It’s another must read from Orlando, here.

~~~

Meanwhile, in Georgia, Michale Coker writes to report the capture of Charles Eugene Mickler, one of the absconded sex offenders featured in a story in the Atlanta Journal Constitution:

You will be happy to know Mickler is currently in the Gwinnett County Detention Center on a probation violation. This weirded me out since I know this guy. Oddly enough it was Need To Know* publications where I discovered he was wanted.

Charles Eugene Mickler

*Need To Know is one of the for-profit broadsheets detailing offenders.  It is not on the web but sells in hard copy.

Mickler does not appear to have served any time in prison for his 2007 sexual battery conviction.  Then he absconded.  Of course, the story in the paper didn’t raise the question of why someone convicted of sexual battery was not imprisoned for the crime.  Instead, the reporter wrote that the public need not worry about all those absconded sex offenders because they generally “just” target people (ie. children) they know.  Except for the ones who didn’t, as I detail here.  See my original post here.

How many of those absconded sex offenders have been located?  The media already answered that question.  The answer goes something like this:

How heartless of you to believe these men should be monitored, you vengeful hysterics!  I’m not telling.

In fact, the only coverage, to date, of these 250 absconded sex offenders has been the one story focusing on scolding the public for caring that these men have violated parole and gone hiding.

Policing public sentiment is so much more important than policing sex offenders, you know?

~~~

Until it isn’t:

Chelsea King

King’s parents, at a vigil, after her body was found.

John Albert Gardner, who is being held in Chelsea King’s murder, is a convicted sex offender who had been given an easy plea deal for a prior sex offense.  He could have served 30 years in prison but was released in five, instead, against the recommendations of psychiatrists, who said he was a high risk to attack more little girls.

But, hey, California saved some money cutting him loose instead of incarcerating him, didn’t they?  And prisoner re-entry is so important.

Now Gardner is also being investigated in other horrifying crimes.  Isn’t there a different end to the story?

According to the Riverside County Sheriff’s Department, a 16 year old girl, walking to a friend’s house in Lake Elsinore, said a man pulled over and asked her for directions. She told police he asked if she was a virgin, showed a gun, and tried to force her into the car. She ran away. This happened in October 2009.

At the time, Gardner was not registered as a sex offender in Riverside County because he was living in San Diego County, said John Hall, with the District Attorney’s office.  Gardner registered in Riverside County, in January, when he moved to his grandmother’s house near Lake Elsinore.

Escondido police are trying to figure out if Gardner is responsible for the disappearance of a 14-year-old Escondido girl.

Gardner is also a suspect in the case of a 22-year old girl who was attacked in the same area where King’s car was found.

Gardner had already admitted to molesting a neighbor girl back in 2000. According to court records, he had lured her over with a movie.

King’s parents are planning a memorial. During an interview, King’s parents expressed concern that Gardner was released from jail after serving only five years, despite a psychiatric evaluation that recommended he stay locked up for 30 years.

John Gardner

Disturbed enough, yet?  Here is more disturbing information:

As recently as November 2009, Gardner registered as a sex offender at an Escondido address two miles from the school.

People living at the Rock Springs East condominiums said they were shocked to learn Gardner had lived in their building.

A woman with small children who lived next door to Gardner and recognized him from photos posted online over the past few days said he lived with a blond woman and two toddlers.

The former neighbor, who didn’t want to give her name, said teenagers, both male and female, often came over to play video games at Gardner’s apartment. She said she could hear the loud games through the walls.

She and other neighbors said Gardner had moved out about six months ago.

In 2000, Gardner was convicted of a forcible lewd act on a child and false imprisonment after he took a 13-year-old neighbor girl to his mother’s home in Rancho Bernardo. The girl accused him of repeatedly punching her in the face and touching her private parts.

A psychiatrist who interviewed him in that case said he would be a “continued danger to underage girls” because of the lack of remorse for his actions.

Prosecutors initially charged Gardner with more-violent sex crimes that could have resulted in a sentence of more than 30 years because the terms would have been served consecutively. He was sentenced to six years in prison as part of a plea agreement and served five years before he was released in September 2005. He completed probation in 2008.

In 2000, Gardner didn’t go out and attack a stranger: he targeted someone he knew, a 13-year old neighbor, to be precise.  If Gardner had lived in Georgia, that would qualify him for the “don’t worry, those absconded sex offenders only target people they know” category.

Until they don’t.  And what does it matter anyway, except as an idiotic argument by people who can’t stop justifying the behavior of sex offenders and opposing sex offender registries?  Gardner’s record illustrates a disturbing point that anti-registration types never acknowledge: it takes real nerve, and a real lack of worry over consequences, to target children who know you and can identify you.  Maybe people should be more worried, not less worried, about child molesters who know their victims.  Unlike anti-incarceration activists, child rapists don’t worry so much about the distinction.  They go after children they know, and they go after children they don’t know: one is just easier to access than the other.

Although the real solution would have been to never let Gardner out of prison again, once the sick coddle of California justice cut him loose, DNA database laws and sex offender registration probably saved some lives, including the lives of the little girls whose mother was shacking up with Gardner.  How could any mother let some man move into her house, with her two young children, without checking to see if he shows up on a sex offender registry?

If you know a co-habitating mother who hasn’t checked her partner’s background, do it for her.  Today.  The world is full of sex offenders cut loose by some judge or prosecutor or parole board.

The Guilty Project, Tommy Lee Sailor (Updated): The Media Proves Me Wrong

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The St. Petersburg Times has been digging into Tommy Lee Sailor’s past, asking hard questions about Florida’s many failures to keep Sailor behind bars.  Sailor is the serial rapist and self-described serial killer who was deemed “reformed” by Florida Corrections — until last New Year’s Eve, that is.  Only his victim’s courage, quick thinking by 911 operator Ve’Etta Bess, and quick action by the police saved that victim’s life.

So on the one side, you have the response of public safety professionals, and the victim herself.  On the other side, you have the courts, and the Department of Corrections, and Sailor’s attorneys, and even prosecutors, all agreeing to let Sailor go, or not even try him for sex crimes, not once or twice, but repeatedly.

The cops catch them, and then the courts let them go.

In the wake of Sailor’s violent holiday rampage, I predicted that local media would not dig into Sailor’s previous history, nor name officials who let him off easy in the past.

I love being wrong about stuff like this.

St. Pete Times reporter Rebecca Catalanello just filed this story.  She names some names.  It is damning.  This exposé ought to be required reading for any state legislator planning to try to roll back the state’s “three–strikes” laws in order to save money.

Because Tommy Lee Sailor is what happens when you cut corners on public safety:

TAMPA — “I’m a serial rapist,” he taunted her. “I’m a serial killer.”  His hands closed around her neck and things went black. . . [P]olice had come to the neighborhood before. Detectives knew the man she said attacked her. Judges and probation officers knew him, too.  Tommy Lee Sailor, 37, had been arrested at least 30 times before the Jan. 1 attack — never for murder, but three times on rape charges. He had spent only three years outside prison since age 16.  Four times, probation officers told judges and parole commissioners that prison was the best place for Sailor.  In July, after the last warning, the Florida Department of Corrections released him, counting on an ankle monitor and a probation officer to track his whereabouts.

So, despite 30 arrests, and pleas from parole officers that he was too dangerous to release, the Florida Department of Corrections decided to take another chance on Sailor.  How hateful, towards the victims.

The buck stops with the heads of state agencies in cases like this, or at least it ought to.  But Charlie Crist’s appointee, Walter McNeill, has not made a public statement about his department’s failure to keep women in Florida safe by taking Sailor’s crimes seriously.

Why no comment from above?  And where is Frederick B. Dunphy, head of the Florida Parole Commission?

Is there any single legislator in Tallahassee planning to ask these men some hard questions about early release of violent recidivists?  That needs to be part of the discussion about rolling back the state’s three-strikes law.

These are the things state officials know about Sailor.  When he was 11, police charged him with lewd and lascivious behavior with a child. A judge withheld adjudication.

Sexual assault of a child.  And the state does nothing, except protect Sailor’s anonymity so he could go on to rape other children.  Rapists start young, and they target children in their family and neighborhoods before moving on the more difficult targets.  We know this: we’ve known it for a long time.  No judge belongs on the bench if he or she doesn’t act on such knowledge.  Who was the judge?  That judge wasn’t named.  But they should come forward and explain themselves.  Because what that judge did was sentence Sailor’s first known victim, and probably many more young victims, to the act of being raped.  That judge saw only one victim: the rapist.  He or she violated every principle of justice.

But, hey, it’s just a rape victim.  Or maybe 20.

[Sailor] made it to the ninth grade at the former Monroe Junior High School. But in 1987 alone he got arrested 11 times. Among his listed offenses: aggravated assault, grand theft motor vehicle and battery on a law enforcement officer.  At age 16, he armed himself with a can of Mace and stole beer. The courts had heard enough. A judge sent him to prison. Earlier crimes caught up with him, lengthening his sentence.  He earned a GED in prison, then got out in 1992 at age 20.

Three or four years for one sexual assault (probably many more), dozens of arrests, violent crimes.  Welcome to the bad old days, before three strikes.  Only they’re beginning to look a lot like the present, despite three strikes laws that sit on the books.  Will anyone in Tallahassee talk about that?

[Sailor] still faced 30 years’ probation when he moved in with his Port Tampa grandmother and got a job at a Subway.  Eleven months after his release, he was charged with robbery.  Probation officers Maureen Watson and Annetta Austin recommended that Sailor be returned to prison “for the maximum time allowed,” his probation permanently revoked. Sailor, wrote Watson, “is not a good candidate for any type of street supervision due to his violent tendencies and continual criminal behavior.”

Too bad nobody listened.

Sailor, then 21, had been out of prison little more than a year when three women told police he had raped them, all within a month.  One woman, a former girlfriend, said they were sharing a beer in a Port Tampa park on Valentine’s Day 1994, when he dragged her to the men’s bathroom, choked her and forced himself on her. She was 29.  Two weeks later, on March 1, he met a medical assistant at a gas station and drove her to a secluded spot near MacDill Air Force Base, where he beat her, raped her, then apologized and wiped her mouth. She was 27.  Two weeks after that, he met a Circle K clerk at a bar. They wound up in her car, which got stuck in the sand on a dirt path at the edge of the base.  The clerk, who was 29, tried to stay calm while he raped her repeatedly. Afterward, she cried and asked him why.  “Because I knew you wanted it,” he said, according to a police report.

So this is a persuasive guy, groomed by lenient judges and lenient prosecutors and lenient parole officials to know that a predator like him can get away with serial rape in Florida.  Where’s the thrill in that?

Prosecutors dropped the Valentine’s Day case. The victim, who previously had consensual sex with Sailor, waited a month to report the attack and was, according to police, reluctant to take him to court.  As the other two cases headed to trial, Sailor struck a deal.  Sentencing guidelines at the time suggested he could serve 11 to 19 years in prison for each sexual battery, if convicted.  Probation officers Annetta Austin and Maria Hanes recommended the maximum. They also wanted Sailor to spend an additional 17 years in prison for breaking the terms of his probation.  Had that happened, he might have been an old man when released.  Instead, he pleaded guilty to the two rapes and an unrelated robbery.  Circuit Judge Donald Evans, now retired, approved the deal.

Shame on Judge Evans.  Shame on every single judge who lets sex offenders like this shave down their time behind bars, for no other reason but that all the other judges do it.  I’m hardly surprised that some of Sailor’s victims were reluctant to testify.  Why should they believe the state would protect them?  And for what?  Subject yourself to that terror, not to mention the humiliation of being abused by a scummy defense lawyer on the stand, and then all the judge is going to do is give your rapist exactly the same amount of time anyway?

Concurrent sentencing. How many lives have been lost to the ethically discordant sound of those words?

We should gain some clarity on this fact: concurrent sentencing is a prosecutor and a judge saying to the victim: “Your life will count half, or a third, or a tenth as much as your rapist’s life counts.  He can go out and rape you and your mother and your sister, and we will value his future freedom over the crimes two of the three of you have experienced.  Three of you equals one of him, in the eyes of the court.  Now shut up and go home.”

We’re appalled by stories like this one from Pakistan, where rape victims get punished for their assailant’s crimes.  But, really, how different is it to place a Tommy Lee Sailor back onto the streets by denying the legal personhood of some of his victims?

The story of Sailor’s most recent trip back to freedom is simply horrifying.  Over the years, the Times reports, multiple parole officers begged parole commissioners and judges to keep him behind bars.  Up the chain of command, however, there was always somebody willing to let him go.

Here is Sailor, snowing Parole Examiner John B. Doyle with some fabricated story about finishing beauty school and finding work.  Why, precisely, did anyone in Parole think it was a good idea for a convicted serial rapist to become a beautician in the first place?  I can’t believe I have to write that down.  It’s nauseating to think about, isn’t it?

The Florida Parole Commission sent a hearing examiner, John B. Doyle, to meet with [Sailor]. Doyle heard from Sailor, Tampa police Officer Michael Jacobson and probation officer Aaron Gil.  “I would like to get another chance so that I can finish school,” Sailor told Doyle.  Gil recommended that Sailor go back to prison, based “on the seriousness of his original offenses.”  But Doyle, the examiner, decided otherwise.  “You did a lot of time on the street, Tommy, and you’re doing something with your life, getting to school,” Doyle said, according to an audio recording of the hearing. “But it looks like you’re having a small problem with drinking. I did find you guilty of all charges, but I’ll take a gamble on you.”  Doyle noted that Sailor was about to finish training at the beauty school. That meant he would be able to get a job. That meant he could repay the cost of his supervision.  At the time, Sailor owed $2,868 to the Department of Corrections.  On July 22, the parole commission met and agreed to let Sailor stay on probation.

Will any legislator hold hearings on this travesty of justice?  Will any legislator hold the Parole Board responsible for what they have done?

Good for the St. Pete Times.  They may have saved lives with their reporting.  I’m going to go buy the newspaper.

Don’t Blame Verizon: Tommy Lee Sailor, Charlie Crist, Walter McNeil, Frederick B. Dunphy, and the Economy of Outrage

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The Florida Department of Corrections (headed by Walter McNeil) needs to stop pointing fingers and start taking responsibility for the escape of Tommy Lee Sailor.  They’re the ones who screwed up by failing to notice when the violent serial offender absconded from his ankle monitor on New Year’s Eve, enabling Sailor to attack yet another innocent victim.

The Florida Parole Commission (headed by Frederick B. Dunphy) also needs to stop hiding and start answering questions about their decisions and policies that freed Sailor before his sentence was complete.

But instead of doing the jobs they’re paid handsomely to do — that is, lead agencies, and take the heat like grown men when they fail at their jobs — McNeil and Dunphy are hiding out and letting their press flacks blame . . . Verizon.

That’s right.  According to our fine political appointees, Tommy Lee Sailor wasn’t wandering the streets looking for a woman to rape and kill because the parole board is more interested in cutting the prisons budget than keeping people safe, or because Corrections so fundamentally dropped the ball on monitoring him that they actually feel comfortable verbalizing excuses like: these alarms go off so often it’s hard to tell what’s an emergency, and, the dog ate my rapist-monitoring text message.

Oh no, it was all Verizon’s fault.

From the St. Pete Times, which is doing a good job of questioning the official blather:

Around 12:15 a.m. Saturday, the company hired by the state to track violent offenders got notice that something was not as it should be with Sailor. . . The call center at Odessa-based Pro Tech Monitoring sent text messages to Sailor’s on-call probation officer, Pam Crompton. When contacted by a reporter, Crompton referred all questions about what happened to the Florida Department of Corrections [as she should].  One text message, called an “alarm,” went out to Crompton at 12:44 a.m., Corrections Department spokeswoman Gretl Plessinger said.  Another flew at 1:57 a.m. Crompton heard nothing, Plessinger said.

Let’s review:  Pro Tech Monitoring, a private business which profits from policies that release dangerous offenders back into the community with nothing more than a ring-a-ling around their ankles, gets notice that Tommy Lee Sailor, an exceedingly dangerous felon, has absconded on New Year’s Eve.  What do they do?  They send a text message.  Then, after receiving no reply from the parole officer responsible for Sailor, they wait an hour and thirteen minutes . . . before sending another text.  Then they go have a snack or get distracted by the tv, because that’s apparently all they did.

“I’m going to kill you,” Sailor told his victim.  “I’m a serial rapist.” “I’m a serial killer.” “I don’t care about going back to prison.”

Why didn’t somebody at Pro Tech Monitoring pick up a damn phone and call the police?  So asks “Ben Overstreet,” a commenter on the St. Pete Times website.  He modestly suggests:

Send out the first text, and if that person does not call back in 5 minutes send out another to them and their Boss, no response in 5 minutes. Send local Law Enforcement to the address. Problem solved.

Too bad this Ben Overstreet person, whoever he is, isn’t getting the big bucks overseeing violent parolees.  Sounds like he’s onto something which apparently did not so much as occur to all the king’s horses and all the king’s men actually being paid to watch Sailor.

Oh, they did try to call Sailor, but he wasn’t home.  He was out hunting.  Women:

The call center tried to reach Sailor through his monitoring device, but the offender didn’t respond.

Does anyone else find this grotesquely ironic? A recidivist, violent felon and serial rapist absconds on New Year’s Eve, when the police have their hands full and the bars are brimming with amateur drinkers and other potentially endangered species, but when the monitoring company gets no response from the felon’s parole officer, they try to call the rapist himself, instead of calling the police?

What were they going to ask him if he came to the phone?

Meanwhile:

The victim secretly alerted 911 at 4:27 a.m. and dropped her cell phone on the floor. A 911 dispatcher tracked the phone signal to her location, and police arrived at 4:44 a.m. Only then did [Parole Officer] Crompton’s text messages start filling up her in-box.  One, two, three alerts came all at once at 4:54 a.m. to her Verizon Wireless phone.  Crompton checked them.  Two were about Sailor. The third, also delayed in its delivery, was about another offender, [Corrections Department Spokeswoman] Plessinger said.

We’re supposed to believe that the parole officer didn’t receive any messages from Pro Tech Monitoring until ten minutes after the cops showed up at the scene of the attempted rape/murder.  Is that the truth, or just the sound of the bureaucratic hive buzzing?

The real question, the question that either has not been asked or has not been answered, is this:

Why the hell didn’t the Corrections Department and Pro Tech Monitoring have a policy to keep trying to contact the proper authorities until they succeed whenever a violent offender like Sailor breaks loose?

Answer that, Ms. Plessinger.  Mr. McNeil.

Florida Corrections chief Walter McNeil actually does a whole lot of communicating, at least on the Correction’s website, where he posts a blog of passing thoughts and affirmations.  He quotes Oscar Wilde and Teddy Roosevelt, delivers advice about the flu, talks a lot about the value of clergy.

So he should have no trouble articulating a response to this scandal.  And respond he should, because the message coming from his agency’s talking head suggests that the main reason Sailor’s escape (and it is an escape, make no mistake about it) went unnoticed is because it is so very common for these ankle thingies to go off; it’s just not considered a big deal; the policies were followed appropriately, you know, so how dare the rubes imply that we’re not doing our job according to the laughable rules we invented to monitor our own performances?

[Corrections spokesperson] Plessinger said that if [Parole Officer] Crompton had gotten the original text message at 12:44 a.m., she would have gone to Sailor’s house, found that he wasn’t home and notified police to be on the lookout for him.  Police might have been waiting when Sailor arrived home.  Still unexplained is why the text messages weren’t delivered on time. The Corrections Department is satisfied that Crompton followed procedure and that the Pro Tech system worked as designed.  Right now, Plessinger said, they’re asking questions of Verizon Wireless, the cell phone provider.

“Crompton followed procedure and . . . the Pro Tech system worked as designed.”

Other than that, how did you like the play, Mrs. Lincoln?

It is a disgrace for government officials to behave this way. Clearly, the problem is that the bar is set far too low for keeping tabs on dangerous felons who have been released back into society (or not put away in the first place, like convicted rapist Richard Chotiner).  Clearly, the problem is systematic disdain for rape victims and other current and future victims of crime.  Some victims, that is.  Imagine how different the official response would have been if Sailor had been intentionally hunting some type of person other than women, and thus hate crime laws “kicked in.”

Then there wouldn’t be this big reverberating sound of silence coming from the halls of power, nor half-baked accusations flung at a wireless company.  Heck no.  Then the Attorney General would jet in from Washington.  Crist would work himself into a lather denouncing crimes “motivated by hatred” (other than hatred of women, of course).  Schoolchildren around the state would groan collectively as their teachers announced yet another week of anti-bullying-teaching-tolerance re-education in the wake of that crime.

Whew.  Good thing it wasn’t hate, because all those workbooks and classroom posters get really expensive.  Just another garden-variety attack on a woman.  So instead of grandstanding, the heads of state are practicing active hiding.  The head of Corrections is busy reminding his staff that “nobody walks alone,” and to wash their hands after sneezing and bragging about all the grant money Florida just got to implement even more “prisoner re-entry” services and “community-based alternatives to incarceration.”  The governor’s busy burying Chain-Gang Charlie deeper in that huge pile of mothballs in the back of his closet.

The mindset betrayed here is a troubling one, and it isn’t limited to any one political party.  The left-wingers believe criminals are just misunderstood victims of society; the right-wingers, despite all their tough talk on crime, don’t want to pay what it would actually cost to prosecute and incarcerate every dangerous offender: nobody is taking a real stand on any of this.

Not one elected official has bothered to speak out on the travesty in Tampa, a government failure that nearly cost a woman her life.

“I wanted to pick somebody that I knew, that I had confidence in. I just had a personal relationship and an affinity for this man,” Charlie Crist said, in appointing McNeil to head up Corrections.  How about somebody whose priority is being tough on violent criminals?  Tommy Lee Sailor attacked at least two prison guards in incidents serious enough to be prosecuted as felonies: why is the head boss at corrections going on about washing your hands during flu season instead of talking about attacks on prison guards?  Meanwhile,  Crist’s recent criminal justice initiatives include spending our tax dollars on special “outreach” to felons to help them re-register to vote, just in case they’re too lazy to do it the way the rest of us do, by rising off our own tushes and going to the library.

Talk about fiddling while Rome burns.

Here’s an Oscar Wilde quote to chew on: “The true mystery of the world is the visible, not the invisible.”

Or, as Tommy Lee Sailor pointedly observed: “I don’t care about going back to prison.”  At least somebody’s telling the truth around here.

The Guilty Project. Death by Parole Board: Ankle Bracelet Didn’t Stop Ronald Robinson From Killing Officer Michael Crawshaw

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It’s too bad we don’t have CSI units slapping crime tape around our parole boards.  From the Pittsburgh Post-Gazette:

Ronald Robinson, 32, of Homewood, who is charged with the slayings of Officer [Michael] Crawshaw and another man Dec. 6, has a long criminal history and a record of repeatedly violating terms of his parole . . . From 1998 to 2003, Mr. Robinson was repeatedly accused of wielding firearms on the streets of Pittsburgh and surrounding communities. In a January 1998 criminal complaint, police said Mr. Robinson choked and punched a woman and then pointed a semi-automatic gun at her. In 2001, he was accused of shooting a man in the leg.  Two years later, according to court records, a pair of witnesses told police that Mr. Robinson fired a gun in the air at Hawkins Village in Rankin. In each case, many charges were withdrawn.

In other words, after each shooting, Robinson was permitted to plead down to lesser charges.  He apparently suffered no consequences for the 1998 semi-automatic attack.  He also apparently served less than two years for shooting a man in 2001, for he was out on the streets, firing a weapon, again by 2003.  He then repeatedly violated parole assigned for the 2001 and 2003 crimes.  How many times did Robinson violate parole and get caught?  The Post-Gazette doesn’t say, but they do note that, according to the Pennsylvania Board of  Probation and Parole, “Parolees are sanctioned an average of five times before being sent back to prison.”

Robinson was granted serial leniency.  Then he killed a police officer:

At the time of the Dec. 6 homicides, he was on parole following convictions in the 2001 and 2003 cases. He had been released from prison in 2007 after serving a minimum sentence; the maximum sentence would have kept him in jail until February of next year.  Mr. Robinson repeatedly was caught violating the conditions of his 2007 parole, according to court records. As punishment, he was jailed for two weeks in July and then released to a halfway house for felons. He was wearing an electronic monitoring device on his ankle at the time of the shootings.

Officer Crawshaw’s family has started a petition drive with a painfully obvious message: stop letting armed, recidivists plead to lesser charges, and we will need to bury fewer police officers.  Officer Crawshaw’s cousin, Sarah Kielar, has information about the family’s campaign on facebook, here:

On Sunday December 6, 2009, Penn Hills Police Officer Michael Crawshaw was shot and killed by Ronald Robinson, a career criminal who was on parole and wearing an electronic monitoring device at the time of this crime. We the family and friends of Officer Michael Crawshaw need your help. The system failed Michael and changes must be made.
During the past four years, 11 law enforcement officers have been shot and killed in Pennsylvania. In Allegheny County alone, in just 13 months, five law enforcement officers have been killed. In the most recent example of this senseless violence, Officer Michael Crawshaw was murdered by Ronald Robinson, who like the other offenders described below, exhibited a blatant disregard for human life, the police, and the rule of law. In Robinson’s case, he had multiple prior convictions and was serving a 2 ½ – 5 year sentence when the parole board reported that he was “misconduct free,” they had “a positive attitude toward this inmate” and had “no objection to parole.” Once released, Robinson repeatedly violated the conditions of his parole and was even jailed for 2 weeks due to these violations.
• Agent Sam Hicks: In November 2008 FBI Agent Sam Hicks was shot and killed while serving an arrest warrant on Robert Korbe. Although Robert Korbe did not pull the trigger, had he not been a career criminal, law enforcement officers would not have entered the house and Agent Hicks would not be dead. Korbe had three previous felony convictions but had been sentenced only to probation. He had been arrested on additional violent felony charges just 6 months prior to Agent Hicks’ death.
• Cpl. Joseph Pokorny: In December of 2005, Pennsylvania State Police Cpl. Joseph Pokorny was shot and killed by Leslie Mollett during a traffic stop in Carnegie. Prior to this killing, Mollett had been arrested 8 times in 10 years, resulting in three felony convictions. Yet, he had received only a single 2-4 year prison sentence and had recently been paroled prior to murdering Cpl. Pokorny.
• Philadelphia Police Officers Charles Cassidy, John Pawloski, Sgt. Stephen Liczinski and Sgt. Patrick McDonald: During a 16 month period between November 2007 and February 2009 all four were shot and killed by violent repeat offenders with multiple felony convictions, one of whom was reportedly paroled just weeks prior to the killing.

How many times will this story repeat in 2010?

The Coming Year of Prisoner “Re-Entry”: Attempted Murder in Chicago, Then Back on the Streets in a Fortnight

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As the Justice Department and everybody else barrel forward with plans to get as many violent offenders back on the streets as quickly as possible (to save money, you know, and aid those poor benighted, imprisoned souls), here’s a reminder of the inevitable consequences of anti-incarceration-early-re-entry-alternative-sentencing-community-control chic, from the Chicago Sun-Times, via Second-City Cop:

She lost 20 teeth. She suffered a brain injury and seizures. And she struggled to pay her medical bills because she didn’t have insurance.  Jen Hall was the victim of a brutal, disfiguring beating outside a Jewel store in the South Loop in August 2008.

Her attacker, Derrick King, was later sentenced to three years in prison for the crime. King, 48, went into state Department of Corrections custody in early October, but he was paroled only two weeks later under a policy change by Gov. Quinn’s administration. . .

On Aug. 25, 2008, King and Joyce Burgess attacked Hall and her boyfriend, police said. King asked the couple for cigarettes, but when they said they didn’t have any, Burgess knocked down Hall, who was celebrating her 36th birthday.  King, who police say was homeless, kicked Hall in the head and face, knocking out her teeth. King also struggled with Hall’s boyfriend and reached into his pockets to try to rob him, police said.  King was convicted and sent to prison on Oct. 6. He was paroled under the MGT-Push program on Oct. 20, records show.

And then, of course, he not only immediately set out to commit another crime, but he terrorized his next victim by bragging to her that he was the man who had attacked Hall:

Then, on Oct. 21, King was nabbed by Chicago Police in a similar crime. He threatened a 49-year-old woman after asking her for a cigarette in the 500 block of West Roosevelt, not far from where he beat Hall.  When the woman declined, King said: “Remember the couple who got beat up real bad for not giving a cigarette? That was me!” according to a Chicago Police arrest report. King then charged toward her, police said. The woman flagged down a patrol car and the officers arrested King. Police charged King with simple assault, a misdemeanor.

Disturbed yet?  Here’s where it gets even more disturbing. Even after King tried to beat two people to death, then attacked a third victim, the Department of Corrections was not particularly motivated to pull him in.  He was almost on his way out the door again, and it sounds as if only police vigilance actually resulted in Corrections agreeing to issue a warrant:

The Department of Corrections initially declined to issue a warrant to send King back to prison on a parole violation, but eventually a parole supervisor signed off on a warrant, according to the police report.

So if this were not a case of some notoriety, it is likely that no judge or parole official or prosecutor would have bothered to enforce the law regarding King’s parole.  I can’t count the times I’ve looked up an offender’s record, and he has two, or five, or ten additional recorded offenses during the time that he is on parole — that is, during the time that he is supposed to be returned to prison for any additional offense.

And it’s not as if people like this get caught every time they throttle someone.  How many of his fellow homeless has King beaten or threatened?  How many people has he terrorized, people who escaped and decided, reasonably, that there was simply no point in trying to get the authorities to act on a criminal complaint?  Derrick King nearly killed a woman and strolled out of jail fourteen days later.

Fourteen days for what should have been attempted murder.

Illinois Governor Pat Quinn is now calling his secret early release of violent offenders “a mistake.”  Bunk.  A mistake is when you do something in error: this is both a guiding philosophy and a policy.  The offenders released in two weeks are merely one step further down a deliberative path that has similar offenders released after two months or six months, at most.

Or simply not prosecuted in the first place.

Derrick King’s early release is something that happens with most offenders in every major city in the country, with the exception of those that have reformed the behavior of their courts by adopting “broken windows” policies, most notably, New York City.  A Derrick King probably wouldn’t slip through the cracks in New York City: he slipped through in Chicago.  It’s simple, really.

And yet, in much of the mainstream media, and in the universities, and in courtrooms, and in Eric Holder’s Justice Department, the mantra of “emptying the prisons,” and “prisoner re-entry” is relentless.  The Justice Department is funding (that is, we are funding) scores of programs designed to keep the maximum number of offenders out of prison and in the communities where they victimize others.  These programs go by various names and make various unattainable promises, but they operate on one unifying principle: anything but incarceration as the default response to crime.

Why Police Morale Stays Low: Cop Killer Gregory Lance Henderson was Supposed to be in Prison. Twice Over. And, a Judge Responds.

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From the Columbus Ledger-Enquirer:

Gregory Lance Henderson’s adult life is on the record.

Police and court records. . .

The 31-year-old Columbus man is accused of striking with his car and killing James Anderson, a Lee County, Ala., sheriff’s deputy . . . Henderson was sentenced to 15 years and three to serve for a drug conviction in 2007.  If he had served the full three years, he would still be in a Georgia prison today.

Despite an extensive criminal record (16 bookings in Georgia alone, a felony conviction for aggravated assault, drug convictions), Henderson faced no consequences for most of his arrests.  He drew a 24 months to serve/10 years parole sentence for a violent felony in 2006 and yet somehow didn’t serve that time.  His next arrest came five months later — and even though he’d violated parole (if we can call it parole, since he was actually supposed to be in jail), someone let him walk again.  A few arrests later, he was in front of another judge who apparently did not consider the fact that he was still supposed to be in prison for the last offense and had also been arrested additional times since that conviction.

So, 11 months after he was sentenced to ten years, 24 months to serve, he was sentenced anew on other charges and given 15 years, three years to serve.

Why didn’t the judge revoke the parole, send him off for ten years, and then slap on the additional charges?

Of course, Henderson didn’t serve those three years, either.  He was released 15 months later, and now a Sheriff’s deputy over the Alabama border has been murdered.

Thank you, Muscogee County Superior Court.  Thank you, Georgia Pardons and Paroles.  Hope you send flowers:

Randy Robertson, vice president of the local Georgia Fraternal Order of Police chapter and a Columbus law enforcement officer, said this case illustrates the need for tougher mandatory sentencing laws from the Georgia General Assembly.

“The state of Georgia needs to write an apology to the Anderson family because this guy was not where he was supposed to be, which is incarcerated,” Robertson said Saturday.

Georgia’s recidivism laws are too narrow and its mandatory sentencing laws are utterly meaningless.  The recidivism law excludes all but a few crimes, and defendants can still plead out of the ones that count as “strikes.” (This, as I keep saying, is why we have so many people in prison for “just drug charges” that aren’t really just drug charges.) The mandatory sentencing laws create guidelines and then undermine them by allowing judges to suspend part or all of any sentence (then the Parole Board chops off the other end).  What’s mandatory about that?

Did legislators not read these bills before they passed them?  Were defense attorneys still in charge of the House Judiciary Committee when these bills were drafted with little poison pills attached?  Were publicly law-and-order types privately fudging the legislative intent in order to save the state some money?

Why does nobody ask questions like this?

~~~

Any road, the consequences remain the same: a police officer dead, his family mourning.

Remember this: when cops are dealing with out-of-control recidivists, every arrest, even for minor crimes, puts their lives in danger.  According to comments in the Columbus Ledger-Enquirer, Henderson has a teardrop-tattoo on his face, universal nomenclature advertising intent of and propensity for unpredictable and extreme violence:

So even when he was just getting popped for traffic offenses, he was announcing to the world that it could end very badly for someone.  And finally, tragically, it did.  Nobody should deign to express surprise.

Here are merely the last four years of Henderson’s journey through  — or, mostly, not through — Georgia courts.  Between the rat tangle of lax prosecution protocols, plea deals, judicial discretion and parole, his feet barely touched the courthouse floor, let alone the jailhouse door:

Oct. 14, 2005: Booked into Muscogee County Jail on aggravated assault and armed robbery charges.

Oct. 6, 2006: Pleaded guilty to aggravated assault charges in Superior Court; Judge Robert Johnston sentenced him to 10 years in prison, 24 months to serve.

March 1, 2007: Booked into Muscogee County Jail on possession of methamphetamine and traffic charges.

April 8, 2007: Booked into Muscogee County Jail on misdemeanor battery charges.

May 3, 2007: Booked into Muscogee County Jail on probation violation and aggravated assault charges.

Sept. 7, 2007: Pleaded guilty to possession of methamphetamine charge in Superior Court. Judge Bobby Peters sentenced him to 15 years, three years to serve.

Oct. 23, 2007: Began prison sentence.

Dec. 29, 2008: Released on parole from Hays State prison by Georgia Department of Corrections.

To revisit the math: while on probation (?) for an aggravated assault for which Henderson is actually supposed to be in prison, he’s busted in March, busted in April, busted in May, pleads to “just drug” charges for the March 1 charge in September and gets out of jail, early, 15 months later.  Then, this:

Sept. 24, 2009: Arrested in Lee County, Ala., on capital murder charges in connection with the death of Sheriff’s deputy James Anderson.

Someone claiming to be Judge Peters responds to criticisms in this comments thread.  Of course, there’s no way to know if it really is the judge, but he says the D.A. didn’t bring charges for the second aggravated assault before him, only a drugs charge.  He also seems to have not looked at Henderson’s prior record, because he apparently did not notice that Henderson was supposed to be in jail when he was in his courtroom.  If any of this is true, it simply means that the courts are in even more disarray, not less, frankly.

Scratch the surface of most “just drugs” cases, and you get someone with an arrest record like Henderson’s.  Judges should know that and want full disclosure of prior records, right?

My name is Judge Peters and I am posting this to correct the article. James Henderson did not come before me for aggravated assault. He was arrested for a possession of residue of meth in a straw when he was stopped for improper tag lights. A plea bargain agreement with the DA and his lawyer was an agreement where he pleaded guilty, gave up his 4th amendment rights, sentenced to 15 years, three in jail and 12 on supervised probation with drug testing and drug treatment.

OK, fine.  Blame the D.A. too.  But why would any judge allow a 15-year sentence for, as he modestly puts it, “residue in a straw” without asking why the D.A. wanted to throw the book?  Why would any judge not wish to ascertain the defendants’ criminal history to consider in sentencing, for that matter?

Why didn’t the judge revoke his parole, or whatever it was Henderson was serving or not serving for the 2006 aggravated assault charge?

Why didn’t the judge also see that Henderson had another outstanding aggravated assault charge, which would qualify him for recidivism status?  I’m willing to believe there are more people responsible than just Judge Peters.  But it is his courtroom, his responsibility.  The buck stops with him, and if all this is the prosecutor’s fault, then the judge has a serious responsibility to do something about such costly lack of communication.  Peters (if it his him) continues:

[Henderson] was paroled by the Pardon and Parole Board prior to his 2010 release date. Deputy [Anderson] was a fine man, all jurisdictions mourn his passing and pray for his family. No one could predict this would happen. the sentence received was a tough sentence for possession of residue of meth. the article was wrong when it listed the crime of aggravated assault as an additional charge at that time. Thank you. — Bobby Peters.

Nobody could predict this would happen?  Well, not if you don’t look at the guy’s record.  Or his face.  The writer claiming to be Judge Peters continues:

[O]nce an individual is sentenced, his fate rests with the Pardon and Parole Board. Victims or family members, DA, may appear before the board or send a letter. I dont contact the board to get a person out or to keep them in. The aggravated assault was a plea bargain in front of another judge in 06. I have asked for a transcript of both cases. The case I heard was a residue meth case where Henderson was on drugs and stopped for no tag light. 15 years with 3 years in prison,12 years on probation, drug treatment, drug testing, random searches, and 12 years to serve if he got in trouble again. No one can ever predict what a defendant will do down the road. This case is really a tragedy for the Anderson family. I dont know why Henderson got out early but the main one to blame is Henderson himself. I, like everyone, am so sorry this happened. Note says no more space. You can call me if you have more questions. — Bobby Peters.

“I have asked for a transcript of both cases”?  Now?  After a cop gets killed?  Why would any judge sentence somebody without knowing their record of violent crime, recidivism, prior leniency shown by the courts, and prior conduct during prior early releases, particularly parole violations?

“No one can ever predict what a defendant will do down the road”?

This one did precisely what he did the last time: got another drug charge, another aggravated assault charge, and then another free pass from another prosecutor, another judge and another pushover at Pardons and Paroles.  No mystery there.

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Every police officer in the state should descend on the Georgia General Assembly this year in memory of Officer James Anderson, demanding real sentencing reform and judicial accountability.  This time.

No-Snitch Children and No-Punishment Adults

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Every weekday, I receive a useful summary of crime, policing, and justice news stories called Crime and Justice News, compiled by Ted Gest at the John Jay College of Criminal Justice.  Considering that there are so many relevant articles from which to choose, Gest and his assistants do a good job of spotting national trends.

But, sometimes, reading through the report is singularly depressing, not only because crime is depressing, but because the trends in crime prevention that crop up regularly these days seem doomed to failure.

In yesterday’s Crime and Justice News, the first two stories on the list, taken together, are particularly grim:

Detroit Kids Say No-Snitch Culture Ingrained
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Clergy and civic groups have joined Detroit’s new leadership in calling for an end to youth violence — specifically targeting the no-snitch culture that says it’s better, and safer, to turn a blind eye to criminal acts. Kids on the street are saying: Good luck, reports the Detroit News. “In this city, it’s come down to a combination of fear and I don’t care,” said Antonio Bolden, 15. “When it comes to the no-snitch thing, this city is too far gone.”

Chief County Prosecutor Kym Worthy said, “Without people telling what they know to law enforcement we would have anarchy in the streets.” Some say that’s already a good description of Detroit. . .

Detroit News

A Formula For Less Crime, Less Punishment
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If punishments for wrongdoing are sporadic and delayed, increasing severity has only modest impact. That’s why quintupling the prison and jail population has failed to get us back to the crime rates of the early 1960s. So says public policy Prof. Mark A. R. Kleiman of UCLA in When Brute Force Fails: How to Have Less Crime and Less Punishment, from Princeton University Press this summer. . .

Washington Monthly

There’s no need to explain why the “No-Snitching” article is depressing.  But even though Kleiman’s research is well worth a read — he argues that immediate consequences and zero tolerance for infractions can make parole and probation highly effective and reduce the need for prison sentences — his theory doesn’t have a chance of working.

Not because, as some would argue, we are philosophically wedded to harsh, long incarcerations, but because precisely the opposite is true.  Too many powerful people are so opposed to incarceration, particularly for drug crimes, that they will be no more willing to enhance probation and parole with threatened prison terms than they were to enhancing other types of sentencing.

The real problem is the power of the defense bar and the many ways they have devised to bankrupt the justice system.  That’s where all the money went.  You can spend all day jiggering the system at its edges, but if you don’t tackle the bloated, kleptocratic defense bar, with its stranglehold on procedure and evidence rules, you will accomplish nothing.

The other problem is dumbing down justice.  Academicians can come up with wonderful plans, but by the time they get enforced, they don’t look the same anymore.  We already have rules governing the behavior of people on parole, and often they simply get ignored.  We already have minimum mandatory laws that are supposed to “weed out” the worst offenders, and judges ignore them.  We already have a vast network of “community sentencing” and drug court options, and a lot of them are scams.

The only thing that guarantees that people will not re-offend during a certain time period is incarceration.

But anti-incarceration activism and the economic crisis are now working hand-in-hand to drive states to abandon crime-fighting and replace it with “job training” and “community outreach,” the money for which is showering down from federal deficit-spending largess, not scraped out of strained state and city budgets.  All of which would be lovely if only it (a) actually worked and (b) didn’t instantaneously disappear into the voluminous pockets of political cronies.

Add to that, (c) nobody in high-crime communities labors under the illusion that serious and repeat offenders are actually removed from the streets now, so communities are already spiraling out of control.  Fixing parole is a band-aid.  Activists talk about the need to empty the prisons and overturn minimum mandatory sentencing, but in reality, it’s already done.  The streets are already crawling with violent recidivists who are already getting a mere slap on the wrist for their seventh, or twenty-seventh offenses.

The Detroit News article has some interesting quotes from community members who are demanding more law enforcement and harsher sentencing — not less, as many experts propose.  But then the reporter lays the blame for lax enforcement of laws and short prison terms at the feet of prosecutors and police, as if they are the ones who want to let suspects walk and felons plead down.

Where is the blame for the criminal bar, the defense attorneys, the pro-criminal judges — the real source of the culture of leniency?

Meanwhile, academicians and policy makers continue to insist that the only “solution” is to empty the prisons.  I suspect they will win.  Then we’ll all be back in 1993, with Detroit leading the way.

At least criminology will remain a growth profession.

Another Entirely Accurate Critique of the Miami Homeless Sex Offender “Crisis”:

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From PROTECT, the National Association to Protect Children:

Miami’s Julia Tuttle Causeway fiasco–where about 70 “registered” sex offenders have been herded under a bridge to live–is being challenged in court by the ACLU.

PROTECT wrote about the situation earlier this year (See “Gimmicks Gone Wild,” March, 2009 Newswire), calling it a “cynical game of sex offender dumping.” The New York Times reports today that Miami probation officers are telling released sex offenders to go join the encampment, because there are virtually no area rental apartments to be had that don’t violate local residency restriction ordinances for “registered” sex offenders.

Miami area officials, like those in many jurisdictions around the country, are passing the ordinances in a desperate gesture to keep released sex offenders away from children.

The New York Times reports that Florida Governor Charlie Crist “placed the responsibility [for monitoring released offenders] squarely on local governments.”

As long as state politicians continue to peddle sex offender “registration” schemes as a low-cost alternative to incarceration and intensive probation and parole, local authorities will continue to fall back on ineffective zoning ordinances and highway bridges as their main public safety strategy.