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The Daryle Edward Jones Case Grows Worse

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Yesterday, I posted about yet another heinous sex crime committed by yet another felon who should have been in prison but was granted leniency and was free on the streets.

The information I had yesterday was limited to what I could find in public incarceration records, but today the Athens (Georgia) newspaper has more details about Jones’ criminal history.

And they are damning, not only because he got out early for a murder he committed in 1994, but even after he got out early and immediately committed another crime, the state essentially passed on an opportunity to put him behind bars for that crime for a substantial period of time.

Here’s the story:

Jones was paroled in 2010 [for the 1994 murder], but he was quickly back in prison.

In August 2011 he was arrested on stalking and terroristic threat charges for having threatened to murder a woman, according to records. The arrest sent him back to prison for a parole violation but he was paroled again in October 2013.

Two months later, on Dec. 23, Jones was convicted for the 2011 stalking and terroristic threats charges and sentenced to 200 days of incarceration with six years of probation. He was given credit for time already served.

Jones has been treated to serial leniency, which is the default choice of our justice system nearly all the time.  In 1994, he was allowed to plead (presumably down from murder) to voluntary manslaughter, which put him back on the streets.  Then he was given a mere 200 days (with credit for time served, no days, actually) for stalking and terroristic threats committed in 2011.

These aren’t “nothing” sentences.  But they do reflect the normalization of reduced sentencing throughout the criminal justice system.  Academicians, the media, and leftists relentlessly accuse our justice system of being too harsh on offenders.  But exactly the opposite its true.  It would not have been too harsh to sentence Jones to life without parole for murder in 1994, but he got 20 years instead, and then he got released four years early, originally serving only 16 years for taking a life.   And while we don’t know all the details of the 2011 case, I doubt it would have been “harsh” at all to sentence him to something more than time served for stalking and threatening to kill a woman.

Serial leniency has now resulted in a 14-year old girl being kidnapped, raped and tortured:

 [L]ast Wednesday, Athens-Clarke County police said that Jones lured a 14-year-old girl into a vehicle then locked the doors so she could not escape.

He allegedly drove the girl to an isolated location where he pulled a gun and sexually assaulted her, police said.

Jones, of Oak Hill Drive, was arrested two days later on charges of rape, kidnapping, aggravated assault, aggravated child molestation and aggravated sodomy.

Chalk up another rape to the anti-incarceration activists who shill the fantasy that our prisons are stuffed with victims of harsh, unjustly long sentencing — “victims” who must be petted, celebrated, sympathized with, released early, and “re-entered” into society on our dime.  That little girl’s horrific ordeal is more blood on your hands.

 

Case Update: Frederick Lee Gude’s three murders

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Recently, William Steele wrote to this blog asking about the latest murder conviction involving Frederick Gude, who killed Mr. Steele’s father in southeast Atlanta (my old neighborhood) in 1969.  Gude received a life sentence for that crime but walked out of prison a mere eight years later — eight years for taking a life.  He was sent up again in 1983, got out again, then killed a second time.  For that “voluntary manslaughter,” Gude was sentenced to five years.  He  walked out of prison for a third time in September 2003, then four months later he stabbed his girlfriend to death with an ice pick.  Along the way, he accumulated the usual, heinous, un-prosecuted and under-prosecuted acts of domestic violence, and other serious crimes.  Earlier this year, AJC reporter Steve Visser interviewed Gude’s adult daughter, a Marine Lieutenant Colonel who said this of her father:

“There are some people who shouldn’t walk amongst us” [she said] … “This is his third killing. This is the third one that we know of” … [S]he knew her father as a child – when he wasn’t in prison – but her mother quickly left him behind after he was released from prison the first time. He used to beat her mother and he stabbed at least one relative. Violence, she said, was her father’s defining characteristic.  “Some people kill in the heat of moment,” the Marine said. “For him, every moment is the heat of the moment, if you say something he doesn’t like.”

Frederick Gude: Three-Time Killer

Run-of-the-mill criminals don’t attract elite legal help, but once you’ve accumulated a body count like Mr. Gude’s, and capital punishment is on the table, the suits show up.  For his latest murder defense, Gude secured Atlanta defense attorney Thomas West (on the taxpayer’s dime, undoubtedly).

Thomas West: Not Atticus Finch

Mr. West is one of those defense attorneys who market themselves as civil rights heroes with the assistance of corrupted civil rights groups like the once-storied Southern Christian Leadership Council(SCLC), which long ago stopped doing anything but stealing their donations, accusing each other of stealing, and giving “Drum Major” awards to defense attorneys like West who specialize in returning brute killers back to the communities they victimized before and will victimize again.

For their part, Mr. West and his defense bar peers may fancy themselves modern-day Atticus Finches, but they sure don’t bill in croker-sacks of turnip greens, as the fictional Finch did while helping poor white and black sharecroppers avoid entailment, malnutrition, and lynching.

Today’s defense attorneys deploy sleazy technicalities to help serial predators escape consequences while bleeding taxpayers dry.  Or, as West puts it on his website:

Again and again, the law firm is complimented for the intense attention it pays to each detail of a client’s case, and its willingness to explore every legal angle in order to come up with the best possible outcome for each client.

In client Gude’s case, Thomas West obstructed justice for nine years, at a cost of many hundreds of thousands of dollars to taxpayers (and into his pocket).  Of course, it takes a village to really obstruct justice, and West had help from many quarters, including Superior Court Judge Thelma Wyatt Cummings Moore, who simply didn’t bother to set a trial date as witnesses died and victims hung in limbo.  See here for my previous post on West’s manipulations of the justice system on behalf of Frederick Gude.  That was nearly five years ago, and the case just resolved in 2013.

By holding the justice system hostage with a blizzard of pretrial motions on behalf of Frederick Gude, Thomas West finally succeeded in getting Fulton County District Attorney Paul Howard to take capital punishment off the table, as Steve Visser reported last February:

District Attorney Paul Howard, who said Gude’s age persuaded him to drop the death penalty request after Gude turned 69 in July, contended that the lengthy wait not only undermined the case, but also cheated the victim’s family and taxpayers. Two key eye witnesses died while awaiting the trial. By the calculation used by the sheriff’s office, housing Gude cost more than a quarter of a million dollars.

“They have a legitimate question to ask Fulton County about why are you taking so long to dispense justice,” Howard said. “This will make the third person he has killed in our county and he is allowed to sit in jail for nine years. It is unconscionable.”

Also unconscionable?  Thomas West’s vicious remarks belittling the victim of Gude’s latest crime.  West urged the court to go easy on his client, explaining that Gude had done nothing “heinous” because he just stabbed a woman to death with an icepick. Gude’s crime wasn’t a hate crime, you see, because he picked a woman to chop away at forty times (and left her 94-year old aunt locked in a bathroom near the body, where the elderly woman nearly froze to death, but hey, who’s counting?).

Here is West’s explanation for not considering icepick murder + attempted murder heinous:

“We contended it was cruel and unusual to seek the death penalty in a case where you are just accused of killing your girlfriend and not something more heinous. … In the past, the district attorney has not sought the death penalty in these circumstances.”

“Just killing your girlfriend.”  ”Not something more heinous.”  Some people’s lives are just more valuable than other people’s lives.  A murder with the right mix of victim and offender will bring out the activists and the mayor marching around all puffed up with candles in little paper cups.  But Gude killed politically insignificant humans using non-heinous icepick torture, so, no heartfelt politician parades for his victims.

Yet despite West’s claim that the murder wasn’t heinous, he acknowledged that the crime scene photos of Gude’s last victim presented some “visual issues” that might have convinced even Fulton County jurors to vote for death.

Visual Issues.  Is there any limit to the degradation this man heaps on innocent victims of crime?

Thomas West was enabled in his serial lies about Frederick Gude’s murders by a criminal justice system that has spent sixty years institutionalizing such lies.  Words like heinous and hate have been warped beyond recognition in the criminal courts.  Unlike criminal investigations and trials in other western nations, our courts have become mechanisms for excluding facts, instead of seeking and weighing them.  Criminal justice is treated like a game, instead of the fullest pursuit of truth.  And so people like Frederick Gude and Thomas West game the system over and over again, with nary a peep from the tens of thousands of law professors and judges who are supposed to address such travesties.

When the justice system is in such institutionalized disarray that a murder trial can be delayed for nine years while attorneys file motions quarreling about how many thrusts of the icepick count as heinous, or a child rape trial can be delayed for more than a decade while Bob Barr and his peers argue about whether a professional fantasy role-player’s pretend illnesses can get him cut loose from the ankle-bracelet that is keeping him from raping more little boys, it’s time to start talking about whether the problem is something other than over-incarceration.

The worst part, besides the denial of justice, is that we actually pay these jerks to make such arguments.

Appallingly, Mr. West now uses his defense of Frederick Lee Gude as an advertising tool, featuring Gude’s case prominently on his website.  Gude will probably start appealing to be released early due to his advanced age any day now, which likely means more money in Thomas West’s pockets.  Nice little justice system we’ve got here.
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If anyone has information about Frederick Gude’s trial or his other crimes, please contact this blog.  Identities must be confirmed but will be kept anonymous.

Loren Herzog and Wesley Shermantine Tortured and Killed People: Thank God They’re Not Hate Criminals

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Which in the eyes of our law makes their crimes less horrible, even if you kill dozens of people, piling up so many bodies you have to map out dump sites.

But, it was just women.  And a few little girls and babies.  And some men.  So you won’t hear Eric Holder fulminating about how important it is that we have Removed These Hate Criminals From Society.

Wesley Shermantine

Loren Herzog: Not a Killer Killer, Just a Manslaughterer

Oops, silly me.  We actually let Herzog go free.

Loren Herzog was released after anti-incarceration activists in California got his multiple murder sentence reduced to manslaughter with help from the California Appeals Court.  Score another point for our out-of-control rules of evidence.  Herzog confessed repeatedly and was read his rights repeatedly, but some lawyer colluding with a bunch of self-important judges decided that they would strike a blow for postmodern adjudication and overturned his murder convictions, giving him manslaughter instead.  Herzog then got time off for “good behavior” and walked out of prison in 2010.  The prosecutors had decided to bargain with him, rather than trust a jury to convict him again.  Why?  Probably because it’s California.

No word on why they didn’t even try to pop him for three strikes.  But three-strikes is unfair and has been overturned by the public.  In California.

Pretty sexist term, manslaughter.  Somebody should make a federal case about that.

Maybe then Eric Holder would be interested.

The Sixth Appellate District in California declared that their decision to throw out the multiple confessions in Herzog’s case should not be used to decide other cases.  In other words, they knew they were being grotesquely political in their actions but cut him loose anyway to make themselves feel above politics.  Judges’ self-esteem matters more than justice.

The San Joaquim Record weighed in with a ludicrous editorial about Herzog’s imagined “rehabilitation.”  Journalists like to see themselves as little balloons of righteous sensibility floating above the angry rabble:

[S]ince he could eventually be among us, we hope he succeeds.  We hope he becomes the productive member of society he so utterly failed to become before.

Aww, how touching.  How . . . rational.  But maybe it’s not the smartest Hallmark moment to hope for a serial killer to “succeed.”  That’s about as digestible as the court hemming and hawing about whether they should require Herzog to hold a job.  This is how the black robes spend your money, while money couldn’t be found to dig up and identify all the bodies.  Nobody was ashamed enough to tamp down the parroting rituals of the sacrament of rehabilitation, not even in this case.

The new normal in criminal justice is psychotic.  California is now well into demonstrating the logical endgame of the “root causes” theory of crime, which blames an unfair society, not criminals themselves, for the crimes they commit.  Root causes theory is the prerequisite for dehumanizing victims to the point that their offenders assume their place in the pantheon of sympathy emanating from courtrooms and newsrooms.  A mother can wait decades to get her daughter’s tooth or a bone fragment to bury, but there is a system in place to counsel serial killers on their job prospects when the state cuts them loose.

Michaela Garecht

Cyndi Vanderheiden

Kimberly Billy

Chevelle Wheeler

JoAnn Hobson

Now, if these murders were viewed as hate crimes, federal money would be raining down, and Herzog would have never, ever walked free . . . see how the game works?

Californians just voted to speed-dial their crime sentencing back to the Seventies.  A $2.4 million dollar donation from George Soros, and another cool million from Stanford Professor of Dismissing Murder David Mills greased the skids.  Expect more horrific injustices to pile up, like Herzog and Shermantine’s forgotten victims.

As ordinary criminal law gets gutted financially and ethically, the sanctimonious and prejudiced Hate Crimes enforcers scour the nation to make examples of people who use homophobic slurs while robbing people, or who spray paint ugly words on innocent sidewalks.  This is how we make some people less human than others.  Ironically, George Soros funds the hate crimes movement at the same time he funds movements to excuse other murderers.

The mere existence of hate crime laws makes the justice system deeply . . . unserious.  Maybe we should expect unserious outcomes.  When someone can admit killing a dozen people, and it doesn’t create outrage when he is released from prison, and the courts decide just to not try him for most of his crimes, while at the same time a faked racial slur sparks mass federal investigations and months of headlines, can anyone call that serious?

It’s not justice anymore: it’s a clown show.  Prostitution, not adjudication.  Holder and his peers have sold off pieces of our law enforcement system to the racial, ethnic and gay activists who scream the loudest, while bending over backward to “re-enter” ordinary murderers and rapists back into society.

As Judge Dredd says, there’s no justice, there’s just us.

This is Loren Herzog’s attorney Peter Fox, who crudely suggested that his victims get over their anger at Herzog.  ”It’s not fair to call him a killer.  He is just guilty of having the world’s worst friend,” is how Fox characterized Herzog, who regaled investigators with details of multiple, vicious killings committed with his friend Wesley Shermantine back when they were caught in 1999.  Here is one recent development:

A bag of remains returned by sheriff’s deputies to the mother of one victim was later determined by a forensic anthropologist to contain commingled fragments of at least two other people, one believed to be a long-missing child.

The only tiny silver lining on this fat cloud of horror?  Herzog killed himself last year when Shermantine, who is still on California’s death row, started telling police where to find more of the bodies.  Of course, until Herzog’s death he was using our tax dollars to litigate for himself, the type of litigation that we are required to pay for.  Meanwhile, investigating his murders is something the prosecutor’s office has to hold a bake sale to underwrite.

Prioritizing expenses is the least noticed part of the criminal justice system.  Vicious killers can wake up in the morning and demand a hearing on any frivolous thing, and they are provided with attorneys and court dates and endless bites at the apple to challenge the most absurd non-issues relating to their cases.  This is the world defense attorneys and the ACLU have built.  Meanwhile, their victims have to lobby to have the murder sites excavated so they can have something to bury — a bone or a tooth.

David Mills, “advocate for social justice”

Thanks, George Soros.  Thanks, Eric Holder.  Thanks, David Mills and the rest of the warped Law Professoriate, who can detect teardrops sparkling in the eyes of serial killers while mocking the mothers of murdered girls.  Thanks, especially, ACLU.  And thanks, voters of California.

The horror show you make is the horror show you now have to live with.

 

Welcome to the Dystopia Liberalism Created

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Is it time to have the conversation yet?  The one where everyone acknowledges that crime is the number one toxin weakening economies, creating unemployment, raising the price of living and taxes, blighting education (charter or no charter school movement; Race to the Top/No Child Left Behind, neither, or both), denying property rights, and shearing the vector of life for tens of millions of Americans?

Crime wounds the educated and socially mobile, but it defines life for the lower classes.  It creates winning and losing zip codes, feeds resentment, and forces working people to strain their budgets in a dozen different ways.  It warps childhoods and corrodes old age.  It destroys the value and even the point of owning private property.  It forces us to constrain our lives — especially, women must do this.  It creates and displaces populations — forget “white flight” — it never was just white, but now more than ever it’s about just getting out if you can.  I recently talked to a young Puerto Rican woman who got out of St. Petersburg, Florida because of the violence (after getting out of Puerto Rico for the same reason) and is now terrified of gang violence in her new, previous rural, inland town, where a multiple shooting left two dead and 22 wounded last year.

Yet we don’t talk about these things because such conversations have been deemed taboo by the elite.

For fifty years now, with few and apparently transient exceptions, a small group of legal activists and opinion-makers have managed to cripple our nation’s ability to control crime.  They do this by preventing the incarceration of criminals.  Then they tell us they’re right because all the people in prison were just caught smoking pot.  How long are we going to put up with this fantasy?  Apparently until the last moving van clears the curb to nowhere.

Here is the everyday dystopia these people have created, in two impressive articles in the Detroit News.  This one, by Christine Macdonald, is especially depressing:

October 9, 2012 at 7:07 am

Poll: Crime drives Detroiters out; 40% expect to leave within 5 years

Detroit — Detroit’s crime crisis is prompting such pessimism that 40 percent of residents plan to move within five years, according to a comprehensive poll of Detroiters’ attitudes about their city and leadership.

Residents overwhelmingly believe the city is on the wrong track and have no faith that city leaders have a plan to turn it around. Crime is by far their biggest worry — even higher than finding a job in a city where some put the true unemployment rate as high as 50 percent.

The survey suggests that, unless city officials can combat violence, efforts to halt decades of decline will fail. The city’s population already has fallen by 1 million over the past 50 years, and residents including Michael LaBlanc said they are ready to leave.

“There’s an aura of fear that just pervades the whole neighborhood,” said LaBlanc, 63, who installed a security system at his northeast side home last week because he’s weary of car thieves and gunfire.

“It’s almost like being in prison. We always like to have at least one person home for security sake.”

The survey is believed to be the most authoritative of its kind in years. Commissioned by The Detroit News and funded by the Thompson Foundation, the survey provided a rare, statistically sound measure of public opinion. Detroiters have been traditionally difficult to accurately poll.

Eight hundred residents were surveyed by land and cellular phone Sept. 22-25 by the Chicago-based Glengariff Group Inc. The survey — which has a margin of error of plus or minus 3.5 percentage points — asked residents’ feelings about city leadership, schools, transportation, quality of life and overall optimism.

The results were stark — and despairing.

Nearly two-thirds, 66 percent, say the city is on the wrong track. The poll found low support for all city officials except Police Chief Ralph Godbee, who retired Monday amid a sex scandal that emerged after the survey was conducted.

The survey’s author said crime is the biggest obstacle to stemming an exodus that has seen Detroit’s population drop to about 700,000. The city lost a quarter of its residents from 2000 to 2010, an average of one every 22 minutes.

“Crime is the pre-eminent challenge facing the residents of Detroit,” said pollster Richard Czuba, Glengariff’s president. “That was a defining element of the survey. It’s absolutely the driving factor.

“It shows a tremendous mindset of exodus. If you want people to stay, you have to deal with crime first. That’s devastating for the future of the city and it needs to be dealt with.”

Nearly 58 percent of respondents said crime is their “biggest daily challenge.” That far surpassed unemployment and the economy at 12.8 percent.

The survey suggests that many residents who remain would like to leave but are stuck: More than half, 50.9 percent, say they would live in another city if they could, while 39.9 percent plan to move in the next five years.

LaBlanc has little confidence things will improve.

About a month ago, thieves stole his mother-in-law’s 2004 Chrysler Sebring from their driveway. The thieves tried to get his 2003 Neon but failed, although they destroyed the steering column and transmission. Last week a stolen SUV showed up on blocks at the burned out house across the street.

“At night you can sit here and listen to the gunfire,” said LaBlanc.

Police officials said the media make perception worse than reality. Violent crime is down 12 percent from 2010 to 2012 and police patrols have increased, said Deputy Chief Benjamin Lee.

He pointed to policies that put more officers on street patrols. Police no longer respond to burglar alarms unless security companies verify the need for officers. “Virtual precincts” close some precincts at night, freeing officers from desk jobs. And the department is partnering with the state Department of Corrections to better track recently released prisoners.

“The perception is there is lawlessness and that ordinary citizens aren’t safe,” Lee said. “The reality is … that violent crime is down.”

This man is lying.  It is his job to lie about this.

Police Dept. faces challenges

The bleak attitude of residents comes amid an extraordinarily bad year for the Detroit Police Department.

Police union members, upset over 10 percent pay cuts in a city the FBI deems the second-most violent in the nation, handed out fliers Sunday to baseball fans near Comerica Park. They warned: “Enter Detroit at your own risk.”

Homicides are up 10 percent this year to 298, and the city has endured a string of high-profile, brazen crimes that made international headlines, including the carjackings of gospel music star Marvin Winans and state Rep. Jimmy Womack.

Residents don’t believe city leaders can change things.

Nearly two-thirds of residents, 63 percent, say city leaders have no plans for a turnaround. The poll found an “extraordinary lack of support” for elected officials including Mayor Dave Bing and the City Council, Czuba said.

“I don’t see any forward movement,” said Charles Wilson, a 62-year-old retiree, who added that high crime prompted him to get a concealed weapon permit and plan for an out-of-state move.

“I don’t see the administration doing anything about it. I think they are asleep at the wheel,” he said. “Where does this stop? Show me some milestones, give me some objectives. I don’t see a strategy.”

The downtown resident said he’d like to buy a new Corvette but doesn’t want to make himself a target.

“It’s difficult at best going out,” said Wilson, who is concerned about recent violence including the August shooting at the Detroit Princess riverboat cruise. “You want to be able to dress the way you want to dress. You want to be able to go where you want to go. You don’t want to be looking over your shoulder walking down the street. You just want to be at ease.”

Income, safety divide

Perhaps more worrisome to city officials: 57 percent of those who plan to leave are families with children.

Safety fears are widespread, but greater among women and those making less money: 53 percent of women feel unsafe, compared to 43 percent of men. Fifty percent or more feel unsafe in households with incomes at $50,000 or below, compared to about one-third of those making $75,000 or more.

Demographer Kurt Metzger said the city is becoming a tale of “the best of times and worst of times.” The media have focused on pockets of revival led by prosperous young people moving to Detroit, but many more thousands of residents lack the means to leave, Metzger said.

“It is glum,” Metzger said. “The population of kids in Detroit is going down faster than the overall population. If you can provide a feeling of safety, it would go such a long way.”

The Rev. Jerome Warfield, chairman of the Detroit Police Commission, said he hears “emotional appeals at almost every board meeting from citizens who are fed up with crime.”

“People want a change,” he said.

Wayne State University officials wanted change four years ago — and got it through a unique program that pools resources of nearby police agencies, analyzes real-time crime data and has helped make Midtown one of the city’s most thriving neighborhoods.

The CompStat program, modeled after efforts in New York and Baltimore, attacks emerging crime trends, targets repeat offenders and has cut crime in the neighborhood by 38 percent, said Lyke Thompson, director of the university’s Center for Urban Studies.

Since the program started, rents have soared, vacancies have dwindled and investments have skyrocketed.

“There’s no question in my mind that the improvements in Midtown are because of the creation of a greater sense of security,” said Thompson, who helps lead the effort.

“We can do this citywide if we get the right people in the room — and it’s important because personal safety is the first priority.”

Sadly, this isn’t true, either.  CompStat works well when there is a highly motivated population seeking to improve a neighborhood or borough.  But if the courts remain offender-centric, the gains on the policing end are transient.  If the residents are mired in dysfunction, CompStat doesn’t perform as well as it does in places where citizens augment police efforts with substantial resources of their own, from monitoring devices, to private patrols, to court-watching and lobbying for real sentencing.  Sometimes, according to Second City Cop in Chicago, for example, CompStat just impels criminals to seek less challenging terrain or encourages the downgrading of crime reports (see here too).

Austin Black II, a Detroit real estate agent, said city leaders need to try to replicate Midtown’s crime prevention successes.

“Detroit has a lot to offer people, but crime is a huge issue,” Black said. “Something needs to be done and done fast.

“Whoever wins the election for mayor next year will be the person who best connects with the neighborhoods and offers a real solution to crime.”

Gary Brown, the City Council president pro-tem, said the department has enough resources and should primarily focus on getting more patrol cars in neighborhoods.

“We have to start taking responsibility for our police department taking a stronger role in preventing crime,” said Brown, a former deputy police chief. “If (residents) see a proactive approach, there wouldn’t be this feeling of hopelessness.”

Residents look past borders

In the meantime, residents like Denai Croff are making plans to leave.

The 44-year-old single mother of two is socking away $200 a month from her job at Gethsemane Cemetery to move to North Carolina.

She recently witnessed a carjacking near her duplex at Kelly and Morang and imposes a 9 p.m. curfew for her family most days. The windows have bars and she had her landlord install flood lights.

She lives next door to a memorial to a neighbor who was shot and killed last year, several months before Croff moved to the neighborhood.

“I just think Detroit is not happening right now,” Croff said. “It’s hard to come outside and even feel comfortable.”

“The economy is bad everywhere, but the crime here has really gotten out of hand.”

Who to thank for all this hopelessness?  Obama is a very good choice, since every social movement and activist group he has aligned himself with throughout his life stands against law enforcement and in support of criminals and lawlessness.  Blame the criminals’ lobby running our law schools, Justice Department, and much of the criminal courts.  Blame the ACLU the most: with Eric Holder’s help, they are using creeping federalism to cripple what’s left of law enforcement — see, for example, their handiwork in Puerto Rico, and you will understand why people are fleeing that island, fleeing Detroit, fleeing Chicago, fleeing California . . . and ending up with fewer and fewer affordable places to run to, then flee from.

Holder, Obama, ACLU Director Anthony Romero, Al Sharpton, Jessie Jackson — along with under-incarcerated anti-incarceration criminals like Angela Davis, Bernadine Dohrn, and Bill Ayers — and for that matter, some conservatives exploiting the issue in the name of cost savings – have no business telling the rest of us how we should feel about the criminals who affect us, not them.

People who can afford to live anywhere don’t choose places where real crime affects real people.  So when they tell us we need to empty the prisons, you really have to wonder at their audacity.

Todd Akin, Erika Christakis, and the Politics of Rape

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Todd Akin?  Unforgivable.

Republicans being primarily responsible for stupid things said and vicious things done about rape?

Utter bull.

There is one party that has worked to keep violent offenders behind bars and one party that kneels in obedience to defense attorneys who would throw any rape victim under the bus in their eagerness to get every sex offender released early.

The Republicans usually side with the prosecution; The Democrats always side with the defense bar.

So at the end of the day, I’m more disgusted by this Time essay by Erika Christakis exploiting rape victims on behalf the party of unapologetic rapist-defenders than I am by a stupid thing said by one unapologetic Republican hack . . . and immediately denounced by the vast sane majority of the Republican Party.

Dumb conspiracy theories about reproduction and rape don’t kill people.  Political ideology that enforces extremist anti-incarceration policies kills people.

And gets them raped.

I’ve worked to keep rapists behind bars for 25 years.  I can tell you who supports the laws that do that and who opposes those laws.

And that’s why I’m a Republican now.

Ms. Christakis, let me give you a piece of political advice: don’t exploit crime victims in the interest of politics.  It’s unforgivable.

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Matthew Vadum has a very good article on Akin at Frontpage magazine.

Why No Action in the Murder of Bria Metz? Or, How to Derail Justice by Driving Up Costs

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I heard from the father of Bria Metz yesterday: he said it’s been two years since Bria’s murderer, Aurelio Martinez, confessed to the crime.  Yet Martinez still hasn’t been to trial or been sentenced.

Bria Metz, murdered at 17, her body was abandoned by the side of a highway

Aurelio Martinez, sex offender and child abuser, confessed to killing Bria

The state of Florida also hasn’t gotten around to resolving Martinez’ 2003 felony child abuse and aggravated assault with a deadly weapon charges.  Apparently, the authorities are too busy doing other things.

Here is my previous post on the disgraceful record of Florida’s serial failure to keep the public safe from Aurelio Martinez.

So why does it take years to try a case in which the murderer confessed?  The answer lies in the machinations of the defense bar, and the perverse, outsized power they wield over criminal procedure and admission of evidence in our courts.  I don’t use the term perverse lightly — while the Florida Bar grandstands around the state pretending to examine problems of evidence that are either exceedingly isolated incidents or trumped-up claims by professional activists using fake statistics and faked “studies,” real problems that result in real denials of justice fester, unresolved — for many thousands of victims who will never receive justice as a result.

It would be nice if the Bar cared about that.  They don’t.

Here is a record of the docket entries in one of Martinez’ current charges.  Some entries are routine paperwork.  Others represent the types of manipulation that defund the courts.  Remember that most docket entries equal your money being spent in some way, large or small — and 155 docket entries into this murder case, there still hasn’t been a trial, just machinations and delays.

Martinez is also churning attorneys — another behavior designed to postpone trial, and a strategy frequently abetted by the defense attorneys themselves.  Must be nice to have that sort of power over other people’s money — and the administration of justice.

Imagine that you are the parent of a murdered child, forced to witness this drawn-out manipulation of procedural rules.  Bria’s family will likely be enduring this sickening game for the rest of their lives.  In the eyes of our legal system, Aurelio Martinez is the victim now:

Pinellas Case Uniform Case Entitlement Date Filed
CRC0912955CFANO 522009CF012955XXXXNO STATE VS MARTINEZ, 06/23/2009
Type Apr Cal Final Disposition Comp Division
01/30/2012 TRL M
Reset Original Sort Docket Date Docket Entry Defendant
1 11/01/2011 REMOVE FROM: MTN/HRG) A
2 11/01/2011 REMOVE FROM: MTN 110311/0830 AM -M-(REMOVE FROM A
3 10/17/2011 NOTICE RETURNED SERVED A
4 10/12/2011 NOTICE OF TRIAL – 013012 COURTROOM: M AT 08:30 A
5 10/11/2011 REMOVE FROM: TRL 110711/0830 AM -M- A
6 10/11/2011 TRIAL SET: 013012/0830 AM -M- BRING A
7 10/11/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
8 10/07/2011 NOTICE RETURNED SERVED A
9 10/04/2011 WITNESS SUBPOENA RETURNED A
10 10/04/2011 NOTICE OF HEARING – 110311 COURTROOM: M AT 08:30 A
11 10/03/2011 WITNESS SUBPOENA RETURNED A
12 10/03/2011 NOTICE OF HEARING: 101111/0830 AM – MTN TO CONTINUE A
13 10/03/2011 WITNESS SUBPOENA RETURNED A
14 09/30/2011 WITNESS SUBPOENA RETURNED (2) A
15 09/28/2011 MOTION: TO CONTINUE TRIAL (2ND) A
16 09/27/2011 WITNESS SUBPOENA RETURNED A
17 09/27/2011 SUBPOENA (028) STATE A
18 09/26/2011 WITNESS SUBPOENA RETURNED A
19 09/23/2011 WITNESS SUBPOENA RETURNED A
20 09/22/2011 WITNESS SUBPOENA RETURNED A
21 09/21/2011 WITNESS SUBPOENA RETURNED A
22 09/19/2011 WITNESS SUBPOENA RETURNED (3) A
23 09/01/2011 ACK OF ADDL TANGIBLE EVIDENCE A
24 08/31/2011 NOTICE OF TAKING DEPOSITION (2) A
25 08/19/2011 ACK OF ADDL TANGIBLE EVIDENCE A
26 06/24/2011 NOTICE RETURNED SERVED A
27 06/20/2011 NOTICE OF TRIAL – 110711 COURTROOM: M AT 08:30 A
28 06/17/2011 REMOVE FROM: TRL 082911/0830 AM -M- A
29 06/17/2011 TRIAL SET: 110711/0830 AM -M- A
30 06/17/2011 MOTION WITHDRAWN D/MTN TO COMPEL A
31 06/17/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
32 06/09/2011 MTN/COMPEL MORE ADEQUATE DISCOVERY A
33 06/09/2011 NOTICE OF HEARING: 061711/0830 AM – MTN/CONTINUE TRIAL & A
34 06/09/2011 MOTION: TO CONTINUE TRIAL A
35 04/28/2011 ATTORNEY APPOINTED: SIMONE LENNON A
36 04/28/2011 REGIONAL COUNSEL WITHDRAWN A
37 04/28/2011 TO CONFLICT (FORSETT HEARING) A
38 04/28/2011 ORDER GRANTING: D/MOTION TO WITHDRAW AS COUNSEL DUE A
39 04/18/2011 NOTICE RETURNED SERVED A
40 04/13/2011 NOTICE OF TRIAL – 082911 COURTROOM: M AT 08:30 A
41 04/12/2011 TRIAL SET: 082911/0830 AM -M- A
42 03/07/2011 NOTICE OF: CANCELLATION OF DEPOSITION 040811 A
43 03/07/2011 NOTICE OF TAKING DEPOSITION A
44 03/02/2011 NOTICE RETURNED SERVED A
45 02/28/2011 NOTICE RETURNED SERVED A
46 02/23/2011 NOTICE OF PRE-TRIAL – 041211 COURTROOM: M AT 08:30 A
47 02/22/2011 PRE-TRIAL HRG SET: 041211/0830 AM -M- A
48 02/22/2011 ORDER DENYING: PROSE/MTN TO DISMISS COUNSEL A
49 02/14/2011 ADDITIONAL LIST OF WITNESSES A
50 02/10/2011 NOTICE RETURNED SERVED A
51 02/08/2011 NOTICE OF TAKING DEPOSITION A
52 02/07/2011 NOTICE OF PRE-TRIAL – 022211 COURTROOM: M AT 08:30 A
53 02/04/2011 REMOVE FROM: TRL 022211/0830 AM -M- A
54 02/04/2011 PRE-TRIAL HRG SET: 022211/0830 AM -M- A
55 02/04/2011 COUNSEL A
56 02/04/2011 HEARING SET: 022211/0830 AM -M- MTN TO DISMISS A
57 02/04/2011 AT 8:30 A
58 02/04/2011 REMOVE FROM MOTION CALENDAR 2/17/11 A
59 02/04/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
60 02/01/2011 DEFT’S. MOTION: FOR CONTINUANCE OF TRIAL A
61 02/01/2011 HEARING SET: 020411/0830 AM -M- MTN TO CONTINUE A
62 01/28/2011 NOTICE RETURNED SERVED A
63 01/25/2011 NOTICE OF HEARING – 021711 COURTROOM: M AT 08:30 A
64 01/19/2011 PRO SE MOTION: TO DISMISS COUNSEL A
65 01/18/2011 WITNESS SUBPOENA RETURNED (2) A
66 01/13/2011 SUBPOENA (028) STATE A
67 01/04/2011 NOTICE OF TAKING DEPOSITION A
68 12/13/2010 ADDITIONAL LIST OF WITNESSES A
69 12/09/2010 ADDITIONAL LIST OF WITNESSES A
70 11/23/2010 LETTER – COURT TO DEFT ACKNOWLEDGING RECEIPT OF LETTER A
71 11/23/2010 LETTER-DEFT TO COURT: RE: COMPLAINT CONCERNING ATTORNEY A
72 10/22/2010 WITNESS SUBPOENA RETURNED (3) A
73 10/20/2010 WITNESS SUBPOENA RETURNED (3) A
74 10/18/2010 WITNESS SUBPOENA RETURNED A
75 10/13/2010 NOTICE OF TAKING DEPOSITION A
76 10/12/2010 LETTER-DEFT TO CLK: REQT TO DISMISS COUNSEL A
77 10/08/2010 NOTICE RETURNED SERVED A
78 10/04/2010 NOTICE OF TRIAL – 022211 COURTROOM: M AT 08:30 A
79 10/01/2010 TRIAL SET: 022211/0830 AM -M- A
80 09/16/2010 LETTER-DEFT TO CLK: COMPLAINT AGAINST ATTORNEY A
81 09/16/2010 LETTER-DEFT TO COURT: REPRESENTATION A
82 09/02/2010 NOTICE RETURNED SERVED A
83 08/30/2010 NOTICE OF PRE-TRIAL – 100110 COURTROOM: M AT 08:30 A
84 08/27/2010 PRE-TRIAL HRG SET: 100110/0830 AM -M- A
85 08/13/2010 LETTER-DEFT TO CLK: COMPLAINT CONCERNING ATTORNEY A
86 08/03/2010 LETTER-DEFT TO CLK: RE: ATTORNEY A
87 06/23/2010 NOTICE RETURNED SERVED A
88 06/21/2010 NOTICE OF PRE-TRIAL – 082710 COURTROOM: M AT 08:30 A
89 06/18/2010 PRE-TRIAL HRG SET: 082710/0830 AM -M- A
90 06/18/2010 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
91 06/18/2010 ORDER GRANTING: D/MTN TO CONTINUE A
92 05/05/2010 NOTICE RETURNED SERVED A
93 04/30/2010 NOTICE OF PRE-TRIAL – 061810 COURTROOM: M AT 08:30 A
94 04/29/2010 PRE-TRIAL HRG SET: 061810/0830 AM -M- A
95 04/29/2010 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
96 04/29/2010 ORDER GRANTING: D/MTN TO CONTINUE A
97 02/23/2010 NOTICE RETURNED SERVED A
98 02/19/2010 NOTICE OF PRE-TRIAL – 042910 COURTROOM: M AT 08:30 A
99 02/18/2010 PRE-TRIAL HRG SET: 042910/0830 AM -M- BRING A
100 02/18/2010 ORDER GRANTING: D/MTN TO CONTINUE A
Reset Original Sort Docket Date Docket Entry Defendant
1 02/11/2010 REGIONAL COUNSEL APPOINTED A
2 02/11/2010 ORDER WITHDRAW PD DUE TO CONFLICT A
3 02/11/2010 ORDER GRANTING: PD/MTN TO WITHDRAW AS COUNSEL A
4 02/03/2010 NOTICE OF HEARING: 021110/0830 AM A
5 02/03/2010 MOTION TO WITHDRAW PUBLIC DEFENDER & A
6 01/21/2010 NOTICE RETURNED SERVED A
7 01/20/2010 ACK OF ADDL TANGIBLE EVIDENCE A
8 01/15/2010 NOTICE OF PRE-TRIAL – 021810 COURTROOM: M AT 08:30 A
9 01/14/2010 PRE-TRIAL HRG SET: 021810/0830 AM -M- BRING A
10 11/23/2009 NOTICE RETURNED SERVED A
11 11/20/2009 NOTICE OF PRE-TRIAL – 011410 COURTROOM: M AT 08:30 A
12 11/19/2009 PRE-TRIAL HRG SET: 011410/0830 AM -M- BRING A
13 11/19/2009 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
14 11/19/2009 ORDER GRANTING: D/MTN TO CONTINUE A
15 10/12/2009 NOTICE RETURNED SERVED A
16 10/09/2009 NOTICE OF PRE-TRIAL – 111909 COURTROOM: M AT 08:30 A
17 10/08/2009 PRE-TRIAL HRG SET: 111909/0830 AM -M- BRING A
18 10/08/2009 WAIVED RIGHT TO SPEEDY TRIAL A
19 09/09/2009 ACK OF ADDL TANGIBLE EVIDENCE A
20 08/14/2009 NOTICE RETURNED SERVED A
21 08/10/2009 NOTICE OF PRE-TRIAL – 100809 COURTROOM: M AT 08:30 A
22 08/07/2009 PRE-TRIAL HRG SET: 100809/0830 AM -M- A
23 08/07/2009 WAIVED RIGHT TO SPEEDY TRIAL A
24 08/04/2009 ADDITIONAL LIST OF WITNESSES A
25 07/31/2009 DEMAND NOTICE INTENTION TO CLAIM ALIBI A
26 07/31/2009 ANSWER TO DEMAND FOR DISCOVERY A
27 07/22/2009 NOTICE RETURNED SERVED A
28 07/20/2009 NOTICE OF PRE-TRIAL – 080709 COURTROOM: M AT 08:30 A
29 07/17/2009 PRE-TRIAL HRG SET: 080709/0830 AM -M- A
30 07/10/2009 NOTICE OF DEFT QUALIFICATIONS AS A PRR – SERVED A
31 07/10/2009 NOTICE OF ENHANCED PENALTY RET’D SERVED A
32 07/08/2009 CASE REASSIGNED FROM DIV T TO DIV M BY COURT ADMIN 4180 A
33 07/06/2009 DEFT INVOCATION CONSTITUTIONAL RIGHTS A
34 07/01/2009 NOTICE RETURNED SERVED A
35 06/30/2009 DETERMINATION OF STATUS – INDIGENT A
36 06/30/2009 AFFIDAVIT OF INDIGENT STATUS A
37 06/29/2009 NOTICE OF ARRAIGNMENT – 071709 COURTROOM: M AT 09:00 A
38 06/26/2009 NOTICE OF DEFT QUALIFICATIONS AS A PRR A
39 06/26/2009 NOTICE OF ENHANCED PENALTY A
40 06/23/2009 WRITTEN PLEA NOT GUILTY-PUBLIC DEFENDER A
41 06/23/2009 DEMAND FOR DISCOVERY A
42 06/23/2009 PC FOUND IN POLK COUNTY A
43 06/23/2009 INDIGENT CRIMINAL DEFENSE FEE ASSESSED $ 50 A
44 06/23/2009 PUBLIC DEFENDER APPOINTED (INSOLVENCY) – PROVISIONAL A
45 06/17/2009 CASE TO BE TRANSFERRED TO PINELLAS COUNTY A
46 06/17/2009 MEMO OF SENTENCE/ORDER OF COURT (POLK CTY) A
47 06/17/2009 DEFENDANTS ELECTION OF VENUE A
48 06/03/2009 NOTICE OF HEARING RE ELECTION OF VENUE (POLK CTY) A
49 06/01/2009 DEFENDANTS ELECTION OF VENUE (POLK CTY) A
50 06/01/2009 ORDER FOLLOWING 1ST APPEARANCE (POLK CTY) A
51 06/01/2009 POLK COUNTY ARREST WARRANT A
52 05/27/2009 INFORMATION FILED: (1CT) MURDER IN THE SECOND DEGREE (PBL) A
53 05/12/2009 PINELLAS CTY ARREST AFFIDAVIT A
54 05/07/2009 ARREST WARRANT (POLK CTY) A
55 05/07/2009 COMPLAINT – COMPLAINT AFFIDAVIT SECOND DEG (POLK CTY) A

Lavelle McNutt Sentenced To Life. Finally. After Only 35 Years of Getting Cut Loose for Rape After Rape.

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Atlanta serial rapist Lavelle (Lavel, Lavell) McNutt was sentenced to life this week for two rapes and two other assaults that occurred while the convicted sex offender was working in Atlanta’s Fox Sports Grill restaurant.  When you look at McNutt’s prior record of sexual assaults and other crimes, you really have to wonder what inspired the owners of Fox Grill to endanger female employees and customers by choosing to employ him.

Particularly with McNutt’s history of stalking women.  Particularly with the length of his record, and the density of his recidivism.  Was some manager actually sympathetic to McNutt’s hard-luck story?  This is no record to overlook.  Below is my partial round-up of the crimes I could find on-line.  I’m sure there’s more in arrest reports.  This guy is the classic compulsive* offender.

[*Of course, in using words like “compulsive,” I speak strictly as an amateur. Northeastern University Criminologist James Alan Fox has handed down an edict informing all non-criminologists that they are not to use fancy criminologist lingo when talking about crime.  Crime victims, especially, are not supposed to use big words or act like they know stuff.  Furthermore, they’re not supposed to become journalists, because they’re, like, totally damaged.]

James Alan Fox, Professional

We’ll return to Dr. Fox soon.  Very soon.  Back to McNutt:

McNutt’s first adult rape conviction, for two separate rapes in New York State, occurred in 1976, just after he turned 18. When you see an 18-year old convicted of a serious offense, you have to wonder about the contents of his sealed juvenile record: 18-year olds don’t wake up one day, break into the first house they see, and rape the occupant. They usually start experimenting with sexual abuse early in adolescence, victimizing their siblings, peers, and other easy targets. How many children and young women had already been sexually assaulted by McNutt by the time he aged out of the juvenile system?

I believe those victims exist, and that unlike Lavelle McNutt, they were abandoned by society. There’s no way to sugarcoat it: the football coaches and college presidents who treated McNutt like a victim because he was a rapist abetted him in his crimes, thus sentencing his victims to a lifetime without justice.

The two rape victims in the New York State cases were also denied justice, only in a different way. McNutt was sentenced to a preposterously light term of five years for the two rapes. He served less than three years of that, and by 1979 he was a college student at Atlanta’s Morehouse University. Almost immediately, he was charged in another sexual assault, this time for aggravated sodomy. In May, 1979, he began serving a seven-year sentence for that crime. He got out in three years.

In 1982, Lavelle McNutt was 24 years old and already had three adult sexual assault convictions on his record. Two years later, he was convicted of aggravated assault in Clayton County. Was that a rape case, pled down to a non-sexual charge? He also had a burglary conviction in Fulton County, date unknown. Burglary and aggravated assault charges from the early 1980’s might very well have been rapes, or attempted rapes. Atlanta was notorious at that time for going easy on sex offenders — thanks largely to irresponsible jurors who rendered sex crime prosecutions almost impossible to win, regardless of the circumstances. An ugly contempt for victims of rape was the status quo in the courts. The malaise incited by public prejudices towards victims crashed the entire system, and Atlanta was a rapist’s paradise. And a victim’s nightmare. It would be very interesting to know more about those crimes.

In 1984, McNutt was sentenced to five years for the aggravated assault. Oddly, he did serve nearly all of that sentence, receiving only a few months off, probably for the time he was behind bars awaiting sentencing. This is another reason I suspect that the underlying crime was something more serious than aggravated assault. In any case, for five years the public was protected from him. Pre-sentencing reform, this was the best a prosecutor could do. In August, 1989, he was free again.

In 1992, McNutt was charged in Fulton County with the offense called “Peeping Tom.” Funny as that sounds, he was probably casing out a victim to rape or amusing himself between more serious attacks. He received three years for the Fulton crime and 12 months for a crime labeled “other misdemeanor” in Gwinnett County. He was out again two years later, in 1994.

And then the crimes started again. Disturbingly, there are parole officials and possibly prosecutors and judges in Metro Atlanta who then ignored Georgia’s new sentencing laws and continued to illegally grant McNutt leniency, enabling him to rape even more women.  Why is nobody in the Atlanta media looking up these cases and asking the corrections department, to explain their actions?  If I was one of McNutt’s later victims, I’d sue everybody involved in cutting him loose.

Georgia’s sentencing reform law was passed in 1994. It was supposed to enhance sentencing for repeat offenders and extend sentences significantly for so-called “serious violent offenders.” But the law was passed with several default mechanisms that enabled judges to keep releasing repeat offenders onto the streets. Consider this language:

Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense [italics inserted]. (O.C.G.A. 17-10-7)

In other words, a criminal must be sentenced to the maximum penalty the second time he is convicted of a felony unless the judge decides to sentence him to something other than the maximum penalty, such as no time at all, as in the case of six-time home burglar Johnny Dennard. What is the point of a law like this? The point is that the criminal defense bar still controlled the Georgia Legislature in 1994, and other elected officials lacked the courage to stand up to them. The rest of the story is that too many judges betray disturbing pro-defendant biases, even when it comes to violent predators like Lavelle McNutt.

Nevertheless, other portions of the 1994 sentencing reform law did strengthen sentences for repeat offenders. In 1996, McNutt was charged with aggravated assault and stalking in Fulton County. Aggravated assault is not one of the “seven deadly sins” that trigger sentencing as a “serious violent felon” under the 1994 act: if it were, he would have been sentenced to life without parole due to his prior rape convictions.

Yet even as a “non-serious violent felon” repeat offender, McNutt was still required under the 1994 sentencing reform act to serve the entire sentence for his crimes. But he didn’t. He was sentenced to six years and served less than four. He walked into prison in January, 1997 and walked out again three and a half years later, in July of 2000. Even counting the time he may have spent cooling his heels in the Fulton County jail before being transferred to the state prison (or maybe not), he was out of prison four years and two months after the date of the crime for which he was sentenced to no less than six years behind bars, with no parole.

Here is the code section that restricts parole for four-time felons:

[A]ny person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. (from O.C.G.A. 17 -10-7)

Can anybody explain the fact that McNutt was granted parole? Who let him go early, apparently in direct violation of Georgia’s reformed sentencing law? Did the prosecutors fail to record his three prior felony convictions dating back to 1976 — two rapes (counted as one, unfortunately), aggravated sodomy, and the 1984 aggravated assault? Did the judge ignore the law of Georgia in sentencing McNutt? Did the Department of Corrections ignore the no-parole rule? Who is responsible?

These questions remain unanswered since 2009. Heck, they remain unasked, in the Atlanta media market.  More questions:

  • Why didn’t the judge give McNutt a longer sentence in the first place? How could any judge look at the accumulated evidence of violently predatory sexual behavior, of repeat offenses rolling in after each brief incarceration, and not decide that it was his or her duty to protect the public for longer than six years? Does anybody on the criminal justice bench in Atlanta even contemplate public safety in sentencing?
  • Why was McNutt charged with stalking and aggravated assault for the same incident? Was he actually attempting to commit a sexual assault? Could he have been charged with attempted sexual assault instead, a charge that would have triggered the life sentence (read: 14 years) as a serious violent felon and repeat offender? Was he permitted to plead to a charge that didn’t carry life imprisonment? Did the Fulton prosecutor’s office do everything it could do to keep McNutt off the streets, given his disturbing prior history and relentless sequence of serious crimes?
  • Was McNutt’s DNA checked before he was released from prison in 2000? Could other rapes have been solved, and charged, before he walked out of prison again? How many rapes could have been prevented, including the four recent Buckhead-area sex crimes, if this had been done? His first adult rape conviction occurred in 1976 — his latest rape charges occurred quite recently. Does anybody believe he took a twenty-year hiatus from hunting and torturing women?

I have said before that if McNutt had been labelled a hate criminal, someone in the media, or the legal world, or the activist circuit, would have cared.  Serial rapists are hate criminals, at least by the definition created by the activists, no matter how much these same activists try to keep rapes of women out of the discussion.

For, serial rapists choose one random victim after another to target; they attack the things that make their victims women (their sexual organs, and the same goes for serial rapists who target men); they use sexual slurs while violating their bodies; they attempt to degrade them; they spread fear among other women.  So why didn’t the hate crime activists utter a peep over McNutt’s crimes, or the crimes of any of the other serial rapists blighting women’s lives in Atlanta over the years? Why does the media give hate crime activists a pass — the gay groups, the Anti-Defamation League, the NAACP, CAIR, and Justice Department officials, especially Eric Holder –as they labor hard behind the scenes to keep serial rapes from being counted as hate crimes?

At the very time hate crime activists in Atlanta were busy trying to find the first case that would showcase their new law in the way they wished (the Georgia law is since overturned), Lavelle McNutt slipped out of prison, unnoticed.

Lavelle McNutt had been a free man since July, 2000, working in Atlanta-area restaurants, even managing them. He wasn’t hiding. As if his prior record isn’t bad enough, the current allegations about him are sickening: an informant reported that he carried “duct tape, wigs, lubricant and sex toys” in his car, to use during sexual assaults.

McNutt has now been sentenced for two rapes and two other assaults between 2007 and 2009. And what was he doing between 2000 and 2007?  Where was he?

In April 2007, authorities said, McNutt raped a woman inside her Sandy Springs home on Riverside Drive after holding a knife to her neck and bounding her with duct tape.

Later in February 2009, McNutt was charged with being a Peeping Tom after a woman at Macy’s at Lenox Square in Buckhead discovered a man watching her disrobe in the women’s dressing room.

In March 2009, prosecutors say McNutt attacked a Buckhead woman as she was leaving her apartment on Canterbury Road. He began dragging her away when she broke free and ran for help.

That same day in March, McNutt stole the purse and apartment key card of a woman walking her dog in Piedmont Park. The next day the woman found underwear missing from her home and later discovered hanging in a tree.

She is lucky she didn’t walk in on him.  Lavelle McNutt is a dangerous sadist.  Gerald Ford was president when he was first caught.  Gerald Ford.  The Bicentennial.  Patty Hearst.  Farrah Fawcett.  Apple computers invented.  You know, 35 years ago.

As a society, we simply lack the willpower to behave as if certain crime victims even deserve justice.

It took 35 years to put McNutt away.  Next, I predict, activists will begin trying to overturn his life sentence.  We aren’t done paying for this guy’s lawyers yet.

[formatting updated 8/18/11]

Serial Killer Bobby Joe Long: Why Florida Courts (And Those In Other States) Are Really Out Of Money

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This is Bobbie Joe Long:

Serial Killer Bobbie Joe Long

Bobby Joe Long raped scores of women in the Tampa Bay area and murdered as many as 11 and possibly more.  He confessed to multiple murders and there are mountains of evidence, including a victim who escaped and left personal items in his bedroom to prove she had been there.  Bobby Joe Long has been behind bars since 1984.  27 years later, we’re still paying for his legal games.  How many millions of dollars has he cost us in all that time?

He is the real reason why the entire Florida Court system is in danger of shutting down for lack of money.

Sure, there are other reasons.  There’s these guys . . .

Hon. Paul Hawkes, FL Rep. Marti Coley(R), Hon. Brad Thomas

Appellate Judges Paul Hawkes and Brad Thomas, who went on a wild spending spree with 48 million taxpayer dollars to build what is being dubbed the Taj Mahal of courthouses, complete with mahagony-lined private suites for . . . Paul Hawkes and Brad Thomas.  Yes, they are wearing cunning hardhats with their names engraved on them.

Florida’s “Taj Mahal” Appeals Court

There’s also cash flow problems due to another real estate boondoggle, the foreclosure crisis.  The State Bar says they will run out of operating funds very, very, very soon.  And what happens then?

“The courts are running out of money, and if we run out of money, we cannot keep our doors open,” said 10th Circuit Judge John Laurent, chair of the Trial Courts Budget Commission.  “It’s important we keep the doors open. One reason is access to justice, and one is public safety. I don’t think we could go for several months without a court system. No, that’s not an experiment we want to participate in.”

Access to justice and public safety: good things.

But the real problem with funding our justice system is the limitless resources and vast latitude given to any criminal who ever gets convicted of anything.  If they get convicted, that is.  According to a group of researchers who put together a list of every time Bobbie Joe Long skinned his knee or bumped his nose, his first rape charge came in 1971, when he was only 18 (a juvenile record might be sealed).  Before that he shot his dog to death through her vagina, but, whatever.  The girl wasn’t believed.  Nor apparently was his wife, a few years later.  Nor was the next rape victim who dared to put herself through reporting him in 1981, only to see him receive probation for lesser charges, then demand a retrial, receive one from some compassionate judge, and walk free, acquitted that time.  Then there was the twelve-year old girl he tried to abuse while in police custody (he got two days for that crime).  There was the hospital job where he was fired for sexual abuse of the patients, but nothing else was done.  He was hired by several other hospitals after that. Then in 1984, a gunpoint abduction charge that was reduced, astonishingly, to a fine to pay for the damage to the woman’s vehicle (which she had crashed in order to escape him).

When you read through a record like this, it’s hard to see the criminal justice system as anything other than a sort of playground for inhuman psychopaths, with defense attorneys and judges standing on the sidelines virtually encouraging the Bobbie Joe Longs of the world to go out and kill again.  I find it very hard to believe that, with the exception of the police, any of the public servants who came into contact with Long in all those years felt the least bit motivated to get him off the streets.  He did everything short of walking into a police station and confessing to raping and murdering women, and then he finally even did that, and then the location of the game changed slightly, but the courts kept playing with him and encouraging him, and they continue to do so today.

Meanwhile, what percentage of his victims received so much as one day in court to address the vicious rape and attempted murder they barely survived, or the murder of someone they loved?  How many serious violent crimes, even murders, attributed to Long were carelessly shelved without a second thought?

The reality of our criminal justice system is this:  we could spend ten times as much as we do today and 75% of crime victims still wouldn’t see their cases addressed by the system.  Liberals care only about criminals, and, increasingly, conservatives care only about cutting costs.  And liberals control the judiciary, and conservatives control the purse strings, especially in Florida.  The math isn’t hard to do.

In 1970, when Bobbie Joe Long was just beginning his violent career, Milton Eisenhower, one of the most respected criminologists in the United States, complained that of the 10 million serious crimes committed annually in the United States, only one-and-a-half percent resulted in even temporary incarceration of anyone.  Those numbers are probably better today.  But the people we trust to keep us safe have grown worse: they’re no Milton S. Eisenhower, who actually believed the justice system should protect the innocent and punish the guilty.  Bobbie Joe Long will have many more taxpayer-subsidized days in court, probably in the Taj Mahal, which is essentially a playground for him and his peers.

Two Tampa-Area Police Dead, Two Others Wounded: It’s Time for a Citizen’s Review Panel . . . of the Courts

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The Tampa Bay area is reeling from four police shootings, two fatal, two non-fatal only because the officers were wearing bullet-proof vests.

This morning, Tampa officers Jeffrey Kocab and David Curtis were killed at a traffic stop.  David Curtis was the father of four young children.  He worked the overnight shift so he could spend more time with his children.  Jeffrey Kocab was about to become a father: he leaves behind a wife who is nine months pregnant.

Jeffrey Kocab                          David Curtis

Even in death, David Curtis is continuing to serve.  His organs are being harvested today to save the lives of people he never met.  In the next few weeks, Jeffrey Kocab’s wife will bury her young husband and give birth to his child.

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Of course, the person being sought in these murders has a long record and should have been in prison:

Police said they are looking for Dontae Rashawn Morris, 24, and Cortnee’ Nicole Brantley, 22, but have not named them as suspects.  Morris was released from state prison in April after serving two years on a drug conviction in Hillsborough County, records show.  In October 2005, he was arrested by Tampa police on charges of attempted first-degree murder, aggravated battery with a firearm and robbery. He was found not guilty.

Morris spend nine months in prison, starting in 2004, for several cocaine charges.  Upon release, he was quickly re-arrested and charged with murder, aggravated battery with a firearm, and robbery.  Some judge or jury acquitted him.  Why, I wonder.  Surely, with multiple gun charges, and an attempted murder, there was evidence.  Police did manage to put him away again after the murder acquittal — on yet more drug charges accumulated over two years.  He went back to prison in 2008 and got out two months ago.

Why didn’t the murder charges stick in 2005?  Why wasn’t Morris’ cumulative — and accumulating — record considered in sentencing him?  Now two police are dead, and while it is premature to draw any conclusions, I hope the question gets asked: What happened in the courts that enabled a repeat offender, a violent gun felon, a man charged with a previous murder, to be walking the streets of Tampa last night?

[The] incident began about 2:15 a.m. when [Officer David] Curtis pulled over the Toyota, which was missing a tag, near 50th Street and 23rd Avenue, police spokeswoman Laura McElroy said. The passenger was wanted on a misdemeanor warrant out of Jacksonville for a worthless check, so Curtis called for backup and Kocab came to the scene.  Both officers were shot in the head at close range as they approached the passenger side of the Toyota. . .

Somebody in the courts, or the prosecutor’s office, or the city council, or the state legislature, needs to step up and announce a top-to bottom review of the choices made that put this killer back on the streets, not once, not twice, but three times (not counting the inevitable juvenile record).  People crawl all over themselves to create citizen review boards whenever a police officer makes any kind of mistake.  Why shouldn’t the same be done with our courts, especially when officers get killed, but also whenever someone else gets killed by a predator who should have been in prison?

Meanwhile, in Lakeland, an hour outside Tampa, two other policemen are alive today thanks only to their bulletproof vests.

Deputy Paul Fairbanks

Deputy Michael Braswell

Deputies Paul Fairbanks and Mike Braswell were shot multiple times after stopping Matthew Tutt, who is described as a “21-year old . . . with a long criminal history.”  Another repeat offender who should have been in prison.  He was killed by police at the scene, but his presence on the streets that night ought to be the subject of another citizen’s review.  The fact that, by the grace of God, the officers were saved by their vests doesn’t change the fact that Tutt tried to murder them:

Tutt fired seven times, according to the sheriff’s office. Three of those bullets hit 58-year-old Deputy Paul Fairbanks III — in the stomach, left wrist and left elbow, Judd said. Deputy Mike Braswell, 32, was hit in the right hand, twice on the chest and once in the right thigh.

Ironically, there will probably be a review of the officers’ actions in shooting Tutt.  But there will be no review of the court’s decision to allow Tutt to be out on the streets, armed and dangerous, when he might have been in prison instead.  So long as we challenge and micromanage police actions while handing out free passes to the rest of the justice system, it’s the police who will continue to suffer and die.

Jeffrey Dwight Carr, Michael Ray Tackett: Violent Recidivists Wandering the Streets

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While investigative reporters and their academic mouthpieces busily crochet their latest screeds against the notion of putting criminals in prison, here’s a quick sampling of people who should have been behind bars, but weren’t.  Of course, this isn’t a criminological study, because we’re going to actually mention the crimes these men committed, instead of just breathlessly envisioning the endless possibilities of their next “re-entry” into society.

It looks like the last re-entries were easy to a fault.

Jeffery Dwight Carr, Orlando Florida:

Police in Central Florida say a registered sex offender cut off his electronic ankle monitor, kidnapped a woman and tried to have her cash a $1,000 check. Jeffery Dwight Carr has been charged with robbery, false imprisonment and kidnapping.

Although his juvenile record is not available, Carr wasted no time racking up offenses the minute he turned 18: five auto theft convictions in two years.  How precocious of him.  He got a rolling slap on the wrist and just a few months behind bars, which is too bad, because if he hadn’t, he wouldn’t have been free to commit that sexual assault of a minor in 2002.

Of course, people don’t serve time for every crime they commit, so once they’re popped for something, it makes a certain kind of criminal sense to keep committing more crimes, because you won’t actually serve more time for them.  Unless the state has a recidivism law.  And bothers to enforce it.  Which Florida does.  And didn’t.  Oh well.  He’s behind bars now, and the victim was very lucky to escape with her life.

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Michael Ray Tackett, Pittsburgh, Pennsylvania:

You’d think we’ve lost enough police officers recently.  None were injured hauling Tackett back into custody last week for the brutal, armed 2007 rape of a real estate agent, thank God.  But why was he out on bond awaiting a 2009 charge for the brutal, armed rape of another real estate agent, when he has a criminal record of multiple rape charges, and a neighbor reported that this was Tackett’s second armed standoff with the police?

Michael Ray Tackett

Tackett was previously acquitted twice for raping women who were prostitutes, in 2003 and 2005.  Both women admitted to selling sex to him on different occasions but went to police when he became violent, pulled weapons, and raped them.  You would think that type of history would be enough to keep him in jail awaiting trial after he committed his 2009 rape — of a real estate agent he stalked and attacked in an empty house she was showing.  Yet after that terrifyingly violent crime, and despite his extremely scary record, Tackett told the court that he had a back problem that couldn’t be addressed in prison, so he’d need to await trial at home.   The judge actually bought the back pain story and decided Tackett was a good candidate for pre-trial bond.  You know, like Ted Bundy:

Dec. 16, 2009: A West Pittsburg man accused of luring a real estate agent to an empty Jefferson Township house and raping her June 11 is free on bond.  Michael R. Tackett, 38, had his bond reduced Thursday from $200,000 to $100,000 by Mercer County Common Pleas Court Judge John C. Reed after his defense attorney Thomas W. Leslie called the initial amount excessive.  Assistant Mercer County District Attorney Ryan Bonner said Tackett testified Thursday that he required medical attention due to back surgery, and that he couldn’t get it through the Mercer County Jail. . . “Obviously, we were disappointed and alarmed that he bonded out,” said state police trooper Dan Sindlinger.  He said Tackett is potentially dangerous and may have a pattern of targeting real estate agents, and warned them not to show homes alone.

In other words, the judge decided that rather than using stuff like prison guards and bars to keep an eye on Tackett, he would place the burden for watching out for him directly on the real estate agents he was known to be stalking.  After all, lots of real estate agents are part-time ninjas trained in taking down potential serial killers, right?

Tackett was charged with rape in 2003 and 2005 in Lawrence County and acquitted both times, according to published reports. . .  Authorities said Tackett met the woman during a real estate open house. About a week and half later she was showing him a house on Seidle Road when police say he pinned her down, told her he had a gun and raped her repeatedly.  Tackett threatened to kill the woman. He ordered her to answer questions about her family, recited her address, and threatened to kill her and her family if she reported the incident, police said.

And now, the parade of technicalities begins:

Tackett used a fake name when he contacted the woman but she found a photo on the state’s Megan’s Law sex offender registry that looked similar to the man she said raped her, police said.  A Neshannock Township policeman saw the picture, which was not Tackett’s. He realized it looked like Tackett, with whom he’d dealt before.  The policeman showed the woman Tackett’s picture, and she confirmed it was him.  Leslie is trying to have that identification, and any subsequent courtroom identifications of Tackett suppressed in the case. He said showing the picture outside a lineup was “unduly suggestive.” A hearing is scheduled for Jan. 6 on that motion.  In a later state police lineup, the woman said she was “100 percent sure” it was Tackett who raped her, police said.  She also identified Tackett’s car, and was able to point it out from a block away while driving through West Pittsburg with her husband, police said.

The details from the 2007 rape are also chilling:

[Tackett] had been sought by police in the rape of a real estate agent on May 24, 2007. State police said the agent had agreed to meet with Tackett to show him a home along Huson Road in Woodcock Township, Crawford County.  According to documents filed earlier this year in the office of District Judge Lincoln Zilhaver of Saegertown, Crawford County, the agent showed the house to Tackett, who had given her the false name of Randy Thompson, for about four hours, starting around 10:30 a.m.  Toward the end of the showing, Tackett asked to see the basement. Once in the basement, police said Tackett used a stun gun on the woman and raped her.  The woman provided a detailed description of her attacker, including his height and weight, that he wore glasses, had a tattoo and shaved his pubic area.  She also identified Tackett in a photo lineup. During the investigation, police searched Tackett’s wife’s car, which the woman also described to police as the vehicle used by her attacker.  That vehicle search turned up items including a copy of Real Estate magazine and a stun gun.

This sounds like a case where insane pro-offender evidence rules, in addition to judicial and juror leniency, slowed down police in their efforts to contain a suspected serial rapist and, possibly, serial killer.  Let’s hope the body count isn’t too high.  But of course, the real problem is that we just put too many people in jail, man.

Tomorrow: more violent recidivists wandering the streets . . .