Archive for the ·

Rape

· Category...

Sandra Fluke isn’t a Slut, But She’s a Nasty Piece of Work . . .

5 comments

. . . lying to Congress about rape that way.

Fluke testified that she knew a fellow Georgetown student who opted to not report a rape because she was worried that her insurance wouldn’t cover the rape examination:

One student told us that she knew birth control wasn’t covered, and she assumed that’s how Georgetown’s insurance handled all of women’s sexual healthcare, so when she was raped, she didn’t go to the doctor even to be examined or tested for sexually transmitted infections because she thought insurance wasn’t going to cover something like that, something that was related to a woman’s reproductive health.

This statement is utterly unbelievable.  Does anyone really believe in the existence of a Georgetown student who was raped, then decided to not report the existence of a dangerous, predatory criminal because she might have to pony up more than a co-pay to have a rape kit examination?  Does anyone believe that this alleged victim wouldn’t at least call 911, or the local rape crisis center, or the Georgetown Woman’s Center, or any of the student anti-rape groups that plaster campuses with their posters denouncing rape, if she was that worried about paying for a rape kit in the aftermath of experiencing a rape?

If this extremely politically convenient woman really does exist, then any of those phone calls would have reassured her that, thanks to the hard work of people like . . . me . . . no woman in this country needs to pay for a rape kit.  The federal government requires states to cover these costs at the risk of losing funding.  Washington D.C. also covers the costs.  State victims’ compensation boards cover the costs.  Rape kit collection is covered even if a woman decides to have a rape kit collected while choosing to not report the rape to the police.

But even if this unlikely, unsympathetic, alleged victim does exist, Fluke’s testimony is still a lie because it was designed to exploit this non-issue.  Ms. Fluke exploited real rape victims in order to advance a non-argument for prescription coverage for contraceptives: what on earth should we call that?  She tried to create false fear about the cost of rape kits in order to promote a different cause.  And that is exploitative.  Repugnant.  If one real victim worries about this now because Sandra Fluke used rape victims’ fears this way on the witness stand, then it is on Fluke’s head, and on the heads of the other professional reproductive rights activists who carefully tooled this testimony alongside her.

Yet not one congressperson challenged Fluke’s rape kit testimony.  Not one mainstream media reporter paused for a gut-check . . . or a fact-check.  The last time anyone in the media bothered to talk about rape kits was during Sarah Palin’s run for vice-president.  Back then, Salon and Huffington Post and a thousand Democratic operatives tried like hell to pin the “not paying for rape kits” charge on Palin.  They never found a smoking gun, but the story made national news, not once, but over and over and over again.

They didn’t do this because they cared about rape victims in Wasilla.  They did it to play a political game, with rape victims serving as the kickball.  That’s how much leftists, and leftist feminists, really care about real rape.

It should be noted that in the wake of Fluke, not one rape crisis representative has come forward to reassure women that they will not have to pay for rape kits, not in Washington DC, not anywhere in the United States.  Where are these advocates?  Where are all the professional rape crisis workers, the people paid to tell the rest of us these things, because it is supposed to be so important to educate the public and dispel misconceptions and encourage reporting?

Where are the campus rape activists, who ought to be out there reassuring women that they don’t really have to pay if they go to a hospital for medical care after a rape?

Where are Tori Amos and Christina Ricchi and Neil Gaiman, those brave spokespeople who lend their names to RAINN, the very well-funded, national, message-driven-anti-rape-non-profit that is supposed to exist to do rape education but somehow hasn’t gotten around to issuing a press release correcting the false information perpetrated by Sandra Fluke?  RAINN raises more than a million dollars a year to “educate the public about sexual assault and conduct outreach to at-risk populations.”  Don’t give your money to people like this.

Fluke went on The View, and not one of the allegedly pro-woman women on that program bothered to pause for a moment to reassure viewers that no rape victim needs to worry about the cost of collecting a rape kit, because doing so would break the narrative, which is that the vicious Jesuit priests at Georgetown are keeping women from reporting rape.

Rush Limbaugh didn’t silence these people.  They silenced themselves, because rape is just an issue to use when it’s politically expedient.  Rape is the red-headed stepchild of the political left.  It’s a crime issue, a sentencing issue, a recidivism issue, and frequently a race issue: as such, the Left works hard to control the message while sometimes actually opposing measures that would achieve justice for victims.  Every honest person working in rape advocacy knows that the price of admission to the left-wing table is to avoid talking about the prevalence of politically incorrect rapes (white victim, minority offender and even minority victim-minority offender) while hammering away at the campus date rape issue (so long as the accused fit the desired stereotype).  Honest activists know that the types of reforms that really reduce rape — minimum mandatory sentencing, truth-in-sentencing, post-release offender registration — are opposed by the Left, so they frequently don’t even bother to show up for hearings on such bills.  And they know to keep their pretty lips zipped on the lies perpetrated by the hate crimes industry in the interest of keeping heterosexual female rape victims from cluttering up the all-important hate crime stats.

While I worked on sentencing reform that would actually reduce the prevalence of rape in Atlanta, the campus rape activists and the local affiliate of RAINN there were super-busy keeping rape victims from being counted as hate crime victims (unless they were gay), in order to please the gay and ethnic-rights activists of the Left.  They were busily raising money for campaigns that hectored all men about rape while they studiously ignored real rape cases that didn’t fit their ideological needs.  They never complained about jurors letting offenders off, for instance, because doing so would involve wading into politically perilous waters.  They never bothered to address the increasingly toxic myths about the prevalence of false accusations being churned out by the Innocence Project.  They pointed fingers at frat brothers, got their degrees in Women’s Studies, blogged about their sex partners, became fake lesbians to enhance their shot at the tenure track, and never once sat in a courtroom watching jurors decide that some 13-year old hadn’t really been raped by her mommy’s boyfriend because she “wanted it.”

I want to make something extremely clear: the first-wave and second-wave feminists didn’t do that.  Those women worked hard and took political risks to help rape victims and punish rapists.  They damned the political costs.  They worked gratefully with sympathetic police and partnered happily with sympathetic Republicans.  They didn’t wallow in thrall to the criminal defense bar.  But by the 1990′s, the third-wave, sex-positivity, politically correct thingies who followed them were literally undoing the work of the women who preceded them.  By 1999, there was a definite schism between the older service-providers — women who actually spent evenings working in the gynecology emergency rooms and staffing rape crisis centers — and the Emily Bazelon ilk, the well-paid third-wave activists who unravelled those efforts in the morning light.

It was an ugly scene, the same scene now being played out nationally, thanks to Sandra Fluke’s decision to lie to Congress about rape.  What a nasty piece of work.  What a shame about the feminist movement.

 

Tina Fey Defiles Memory of Murdered Actor and Mocks Male Victims of Child Molestation While Denouncing “Hate Speech”

4 comments

Tina Fey: hypocritical, thoughtless bitch

I don’t normally commit slurs to the page: I just think them. My non-slur caption for this photo was “Tina Fey: Not Derrida.”  But I can commit the word “bitch” to the page because calling someone a “bitch” doesn’t count as “hate speech” by Fey’s lights.  Unless, of course, it’s said about a man.  Otherwise it’s just banter.  It certainly isn’t something that summons images of men calling women “bitches” as they stomp their faces into gravel, or abandon their broken bodies on the tall grass side of the road, or boil the skin off their bones on the kitchen stove.

Nope, “bitch” directed at females is a freebie, and doubly so when it comes from the mouth of an attractive woman like Fey.  You go, girl.

Fey recently slammed co-star Tracy Morgan for saying crude things about gays during a stand-up routine.  She did so, she said, because of the existence of anti-gay violence in the world.  If this really were the litmus test for comedy, there would be no comedy.  And Fey didn’t merely slam Morgan: she insinuated nastily that he should be on his knees thanking God for being forgiven by her and the gay people who work on 30 Rock. Here is her diatribe, which ugly-juggles sanctimony and threat:

[T]he violent imagery of Tracy’s rant was disturbing to me at a time when homophobic hate crimes continue to be a life-threatening issue for the GLBT Community. . . I hope for his sake that Tracy’s apology will be accepted as sincere by his gay and lesbian coworkers at 30 Rock, without whom Tracy would not have lines to say, clothes to wear, sets to stand on, scene partners to act with, or a printed-out paycheck from accounting to put in his pocket. The other producers and I pride ourselves on 30 Rock being a diverse, safe, and fair workplace.”

Well, slap my ass with a five-pound take-out chicken from Whole Foods, as one of Ms. Fey’s syndicated stereotypes might say.  Look, during a week when a jury in Cincinnati is deciding whether a baker’s dozen of raped, dismembered and decapitated women should equal death for a mere male-on-female hater, you’d think Ms. Fey would be more “inclusive” in her angst over victimization.

You’d think wrong.  In fact, Fey and the rest of the extra-sensitive 30 Rock crew were super busy this week mocking male victims of child molestation.

Thanks to the existence of a politically correct hate crimes movement that assigns wildly different values to different types of crime victims, the arithmetic of outrage has become so warped that Tracy Morgan, a black man who was raised in extreme poverty, whose father died of AIDS, whose brother suffers from cerebral palsy, and who recently endured the horrors of kidney failure, has become a kicking boy for powerful people like Fey . . . who makes her living mocking other people’s misfortune by playing pathetic versions of them while standing on red carpets criticizing “bullying” by others.

But Tina Fey didn’t jump down her ill co-star’s throat on just any day: she did it as 30 Rock was busy ridiculing young male victims of child sexual abuse using a star whose speciality is demeaning murder victims.  You know, real rape, real murder, of real young men, not the chimera of potential future victims Fey waved in all our faces to conveniently distance herself from Tracy Morgan.

This week, 30 Rock featured a disturbing cameo by Susan Sarandon playing a child molester who has come back to reclaim the “affection” of her grown victim, an emotionally damaged character named Frank Rossitano.

Would Fey have approved a script featuring a female victim of child sexual abusing sucking face with her adult male rapist, played for laughs?

Would Fey have approves a script featuring a gay male victim of child sexual abuse sucking face with his adult gay male rapist, played for laughs?

Two guesses.  Hint: one answer.

But Fey’s extraordinary insensitivity to real victims of actual hate-fuelled violence doesn’t end with her choice of plot.  Another choice reveals the depth of her selective outrage.  By choosing Susan Sarandon to play the role of a convict and sex offender, Fey is spitting in the face of a victim whose murderer Sarandon helped free from prison, then continued defending, even after he killed an aspiring young New York actor in cold blood.

This is the actor killed by Sarandon’s acolyte, Jack Abbott, with whom Sarandon was clearly enamored, to the point of naming her unborn child after him:

Richard Adan, aspiring actor.  Killed at 22 thanks to advocacy by Susan Sarandon that freed his killer

Who is Tina Fey to pretend that Tracy Morgan’s comedy act might contribute to anti-gay violence as she prances around with a sick women who is utterly unrepentant about the starring role she played in a real hate killing (all murder is hate killing) that took a young actor’s life?

Don’t expect Fey to answer that question.  In the entertainment world, some people’s lives are just more important than others’.  And some people’s murders, and rapes, are apparently just funnier.

Disappearing Adria Sauceda: The Nun, The SNAP, The Law Professor, The President, His Newspaper and the U.N. Defend Torture-Killer Humberto Leal

62 comments

The Nun:

This is rapist and murderer Humberto Leal, mugging for the camera beside one of his many supporters, Sister Germaine Corbin.  Not included in the picture?  Sixteen-year old Adria Sauceda.

Adria can’t mug for cameras with nuns because she’s dead.  Not just dead — gang-raped, then kidnapped, tortured, raped, and beaten to death in the desert, her skull crushed with repeated blows from a 40 pound slab of asphalt, her body violated by a fifteen inch broken stick.

But he looks like such a nice boy.  Look at the nun’s smile.

Nuns minister to murderers and Catholics oppose the death penalty.  And so it should be.

But photos like this have nothing to do with ministering to a soul: this is public relations calculatedly erasing the memory of another soul — Adria Sauceda — disappearing her and placing Leal in her place.  Humberto Leal’s supporters — who include the President — want to turn Leal into a mere victim of America’s “vicious and unfair” justice system.  The only way to do this is to lie about the legal record and erase the evidence of his crime, namely an innocent sixteen-year old girl named Adria.  A shopworn way of scrubbing such human evidence is to plaster airwaves with photos of the killers looking shy and boyish in the presence of beaming nuns.

I have a modest suggestion for avoiding such deceptions in the future: the next time Sister Corbin wants to play Helen Prejean by clasping hands for the cameras with someone like this, she should use her other hand to hold up a picture of the victim.  Then things like facts and what is really at stake will not be buried behind the smiles.

A picture of murder victim Adria Sauceda, held in her parents’ hands

The SNAP:

Shamefully, SNAP, the Survivor Network of Those Abused by Priests, has also come out in Humberto Leal’s defense, because, they claim, he was molested by a priest.  But they don’t stop there: in their eagerness to climb into bed with Leal’s Bernadine Dohrn-connected defense team (see below), SNAP is actually promoting the defense’s risible claims of Leal’s innocence.  Their statement of support completely whitewashes Garcia’s crimes, a stunningly cynical act by a group that claims to exist in order to . . . oh, oppose the official whitewashing of sexual crimes:

Statement by David Clohessy of St. Louis, National Director of SNAP, the Survivors Network of those Abused by Priests [contact info deleted].  We wholeheartedly support efforts to postpone the execution of Humberto Leal, and to try and protect kids from Fr. Federico Fernandez, through both secular and church channels.  We believe it is possible, even likely, that Fernandez could be criminally prosecuted, but only if Catholic and Texas authorities aggressively seek out others who saw, suspected or suffered the priest’s crimes. Delaying Mr. Leal’s execution is just and fair and would help this outreach process.

The whitewashing doesn’t end there.  SNAP uses their website to promote a discredited version of Leal’s “innocence.”  This version has been rejected repeatedly by the courts.  Worse, it intentionally minimizes the circumstances of the murdered girl’s suffering.  Here is SNAP’s version, quoting a wildly inaccurate article by someone named Brandi Grissom, who happens to be an anti-death penalty activist writing as a journalist for an online paper.  I’m quoting extensively here to offer some background, but the last paragraph’s the kicker:

One of [a priest's] alleged victims is Humberto Leal, a death row inmate who in 1995 was convicted of raping and bludgeoning to death a 16-year-old girl. His attorneys this week filed a clemency petition on his behalf. They asked Gov. Rick Perry and the Texas Board of Pardons and Paroles to stay his execution and allow him to testify both as a victim and a witness of abuses allegedly perpetrated decades ago by Father Federico Fernandez, who served at St. Clare’s from 1983 to 1988.

Now, others who attended St. Clare’s have been spurred by Mr. Leal’s recent revelations to come forward and report similar abuse. They hope that by telling their stories they can stop the July 7 execution of Mr. Leal, and spur law enforcement to investigate and prosecute Father Fernandez.

The priest, who currently works in a church in Bogotá, Colombia, denies ever abusing anyone.

Church authorities in San Antonio removed him from the parish and sent him to New Mexico for treatment in 1988 after a grand jury indicted him for sexually abusing two other boys. In statements to police, the boys described multiple occasions when Father Fernandez schemed to get them alone and groped them. After the indictment, the boys’ family reached a settlement with the church, and the young men decided not to testify. Charges against Father Fernandez were dropped, and terms of the settlement were sealed.

Even before Father Fernandez arrived at St. Clare’s, he had been accused of sexual misconduct. In 1983, San Antonio police charged him with exposing himself in public, though the charges were eventually dropped. And since Mr. Leal’s revelation, others who attended St. Clare’s have reported similar abuse. . .

As is usually the case in a criminal matter, the facts of what led to Mr. Leal facing execution next month are in dispute — all, that is, except that Adria Sauceda was raped and murdered. Mr. Leal maintains he did not rape the girl and witnesses testified at his trial that she had been gang raped at a party. Witnesses told the authorities that Mr. Leal arrived at the scene and, outraged at what had happened to her, took her away from the party. He admitted that he and Ms. Sauceda physically fought after they left, and that she could have died after he pushed her and she hit her head on a rock. The police found her body about 100 yards from the location of the party.

Hit her head on a rock  . . . as he was rescuing her!  Gee, this Leal guy sounds like he might be innocent, doesn’t he?  And this is SNAP, after all, and they stand beside victims who have had their sexual assaults pushed under rocks, as it were.

Let’s be very, very clear about what SNAP is doing.  They are attempting to deny that Adria Sauceda was raped — again — by Leal as he bludgeoned her to death.  They are using their credibility as a rape victims’ rights organization to say that Leal’s kidnapping and rape of Sauceda may not have occurred.

And this is a rape victims’ rights organization.  Jesus wept, though not just this one time: I’ve seen similar ugliness in other victims’ rights groups hijacked by advocates for offenders.

Regarding the rape, SNAP forgot something.  They forgot the stick.  After the child was taken from the party by Leal, she was raped with a stick.  A jagged stick with screws sticking out of it, to be precise, which, to be even more precise — let’s say discerning — was used on Adria Sauceda while she was still alive.  That’s rape, and SNAP, of all bloody organizations, should know that, rather than quibbling over the number of times a dead girl was violated.  What, are they the only victims who ever matter?  Where is their membership regarding this obscenity?

With this decision to publicly support Leal, and to support him in the way they have chosen, SNAP’s leadership has made itself vulnerable to a common accusation — that they are just left-wing activists using the molestation crisis to attack the growing sexual conservatism of the Catholic Church.  I discount these accusations when they come from people who are themselves busy downplaying the reach of the molestation issue (particularly the cover-ups).  The absurd John Jay “hippies made us do it” “study” is one example of cover-up that discredits its advocates, for example.

But with this swift move by SNAP, such exploitation of victims is full circle now.  As usual, the people left out in the cold are the ones unfortunate enough to have been raped or murdered by one politically protected group or another.

What we’re actually witnessing here is the mundane drumbeat of insinuation, as yet another victims-rights group centrifuges its values and joins its opponents in picking and choosing among victims to support.  In a broader sense, I blame this sort of ethical slippage on the many political satisfactions of “hate crimes” laws, which codify and reward the act of valuing some victims over others.  Once identity politics is larded into sentencing, and activism, it’s easy to throw less politically useful crime victims out with the trash.

Here is the real record of the evidence, from Pro-Death Penalty a serious website that deserves serious attention, especially from those who hold that the death penalty itself is universally insupportable on religious or ethical grounds.  It is especially important for these types of death penalty opponents (I count myself one) to witness the whole truth, to not push away facts, or fall for outrageous claims of innocence, or pose for color glossies with sick sadists, or violate one’s mission statement to defend certain victims by helping bury others.

I encourage you to read the entire story at Pro-Death Penalty, because it catalogs the disturbing censorship by virtually every news agency — and activists at SNAP, among others.  Pro-Death Penalty quotes Texas Attorney General Gregg Abbot.  This passage is long, and painful to read: please remember it as you see the whitewashing of this crime in every media source over the next week:

[A] witness testified that an unidentified male invited him to have intercourse with Adria. The same witness testified that he later observed another man carrying a disoriented Adria to a truck, where he “had his way with her.” Twenty-three-year-old Humberto Leal was also at the party. At some point the intoxicated but conscious victim was placed in Leal’s car. Leal and Adria left together in Leal’s car. About thirty minutes later, Leal’s brother arrived at the party in a car which came to a screeching halt. Leal’s brother was very excited or hysterical. Leal’s brother started yelling to the people left at the party, “What the hell happened!” Leal’s brother was yelling that Leal came home with blood on him saying he had killed a girl. Two of the trial witnesses were present when Leal’s brother made these statements. Shortly thereafter Leal’s brother left in a rush. Several of the party members went looking for Adria in the same area where the party was. They found her nude body lying face-up on a dirt road. They noticed Adria’s head had been bashed in and it was bleeding. Her head was flinching or jerking. These party members called the police. When the police arrived, they saw the nude victim lying on her back. There was a 30 to 40 pound asphalt rock roughly twice the size of Adria’s skull lying partially on Adria’s left arm. Blood was underneath this rock. A smaller rock with blood on it was located near Adria’s right thigh. There was a gaping hole from the corner of Adria’s right eye extending to the center of her head from which blood was oozing. Adria’s head was splattered with blood. There was a bloody and broken stick approximately 14 to 16 inches long with a screw at the end of it protruding from [her body]. Another 4 to 5 inch piece of the stick was lying to the left side of Adria’s skull. The police made a videotape of the crime scene portions of which were admitted into evidence. Later that day, the police questioned Leal. Leal gave two voluntary statements.

Remember this part: it is important, in the context of President Obama’s defense of Leal.  Yes, that President Obama.

In Leal’s first statement he said he was with Adria in his car when she began hitting him and the steering wheel causing him to hit a curb. Leal attempted to calm her down but Adria leaped from Leal’s car and ran away. Leal claimed he sat in his car and waited about ten or fifteen minutes to see if Adria would return and when she did not he went home. After giving this statement, Leal was informed that his brother had also given a statement. Leal then gave another statement. In this statement, Leal claimed he followed Adria when she got out of his car and ran away. Leal claimed Adria attacked him. Leal pushed her and she fell to the ground. When she did not get up Leal attempted to wake her but could not. He then looked at her nose and saw bubbles. Leal stated he got scared, went home, prayed on the side of his mom’s bed and told family members what had happened, claiming it was just an accident. After giving this statement an officer gave Leal a ride home. The police searched Leal’s house. The police seized a blouse which contained several blood stains, hair and fibers. This blouse was later identified as belonging to Adria. The police also seized Leal’s clothing from the night before. Leal was arrested later that afternoon at his home. Leal’s car was also impounded. The police conducted Luminol tests of the passenger door to determine whether any blood was evident. Blood stains were discovered on the passenger door and seat. Detectives testified that the blood stains were streaked in a downward motion, indicating that the blood had been wiped off.  There was insufficient residue to conduct a blood typing of the stains on the vehicle. Other DNA evidence was found on the underwear Leal was wearing that night. That evidence consisted of blood as well as bodily fluid. The DNA test did not preclude Adria’s blood type from the evidence tested. Dr. DiMaio, the medical examiner who performed the autopsy, testified about Adria’s injuries and cause of death. DiMaio testified that even though Adria was intoxicated when she received her injuries, she would have been aware of what was happening to her. In addition to Adria’s massive head injuries, DiMaio testified about injuries Adria received to her chest and shoulder which were consistent with having been inflicted by the stick found in Adria’s vagina. DiMaio also testified about the defensive wounds Adria received to her hands trying to protect herself from some object. DiMaio also testified Adria was alive when the stick was placed in her vagina. Adria’s neck also contained injuries consistent with manual strangulation. DiMaio testified Adria received some of her injuries while standing up. Adria received her head injuries while lying flat. The injuries to Adria’s head were due to blows from the front. These injuries were inconsistent with a fall. Adria’s head injuries were consistent with Adria lying on the ground with somebody standing over her striking her. DiMaio testified the large rock could have delivered the injuries to Adria’s head. Based on the injuries to Adria’s head, DiMaio testified Adria would had to have been struck with the rock two or three times. DiMaio testified Adria died from blunt force trauma injuries to the head. DiMaio could not say for certain that the rock caused the injuries. He testified Adria was beaten about the face with a blunt object or more than one object which could have been the rock or something else. On cross-examination, DiMaio testified that one blow from the rock could have caused Adria’s death. DiMaio also testified about bite marks he found on Adria’s left cheek, the right side of her neck and the left side of her chest. Another witness compared the bite marks on Adria’s chest and neck with dental impressions of Leal’s teeth. They matched. The State’s indictment charged that Leal killed Sauceda while in the course of and attempting either to kidnap her or to commit aggravated sexual assault. Leal was convicted and, after a separate punishment phase, sentenced to death.

Nice work, SNAP.

The Law Professor:

Meanwhile, in the courts, the whitewashing of Adria Sauceda’s murder continues, cradled in the hands of experts trained in such ugly arts.

Humberto Leal’s defense attorney, Sandra L. Babcock, of the terrorist-sheltering law school at Northwestern University, has an interesting vitae.  Ms. Babcock’s research interest is imposing international law on the American justice system, a hobby she practices with her colleague, terrorist-cum-law-professor Bernadine Dohrn.  In 2008, Babcock and Dohrn worked “tirelessly” together to get Chicago’s city council to pass a resolution signing on to the U.N. Convention for the Rights of the Child.  Of course, such things always sound nice.

In 2003, along with the A.C.L.U., The Jimmy Carter Center, Human Rights Watch, Amnesty International, the Center for Constitutional Rights, and the Open Society Institute, Sandra Babcock, Bernadine Dorhn, and Van Jones (he’s listed as “invited”) participated in an A.C.L.U. sponsored conference called Human Rights at Home: International Law in U.S. Courts (program here). The purpose of the conference was to find ways to insinuate international (read: United Nations) laws and resolutions in American legal arenas, as Sandra Babcock is attempting to do to free her client, Humberto Leal.  From the conference program:

The conference will familiarize lawyers and advocates with international human rights treaties, laws and organizing strategies that can strengthen domestic social justice work by:
* Ensuring U.S. accountability for violating international human rights principles in additional to domestic constitutional ones
* Providing new, affirmative protections for workers, poor people, immigrants, and victims of discrimination
* Linking multiple issues to address problems that intersect race, gender, and poverty
* Connecting local advocacy to global struggles

As per her academic research and this movement, Babcock is now claiming that the police failed to inform Leal of his right to Mexican consular support when he was arrested.  Allegedly, this failure violated the rules of the International Court of Justice at the Hague: Leal, as a “Mexican national,” should have simply been able to call “his” embassy and the entire mess — the body, the rock, the stick, the bloody clothes, et. al. could be whisked away like some New Guinean ambassador’s parking tickets.

But there’s one little problem: Humberto Leal has lived in the United States, apparently illegally, since he was two.  Talk about wanting it both ways: Leal was an American until the moment he murdered Adria Sauceda.  That changed in the brief space between bashing in a young girl’s head and wiping down the doors of his car.  Now he’s a “Mexican national,” a term everyone from the President to the New York Times to “human rights” organizations (Leal’s rights, not Sauceda’s) is using with no irony and no explanation, as they lobby to cloak a killer in layers of special privileges while simultaneously lobbying to prevent police from inquiring about immigration status.

Get it?  The police will have to determine if someone is a foreign citizen in order to offer them consular rights, but they’ll also be forbidden to ask if someone is a foreign citizen in the interest of not discriminating against illegal immigrants, a lovely Catch 22 dreamed up by academics.  This cliff we’re careening towards is permanent demotion of Americans’ legal rights on their own soil.  If President Obama, his friend Bernadine Dohrn, and Jimmy Carter get their way, the police are going to find their hands tied in ten different ways, and our criminal justice system will soon be utterly subservient to whatever the hell they dream up at the U.N.

Expect more Humberto Leals.

Why isn’t the president of Mexico (or, say, America) calling for justice for Adria Sauceda?  Is that so difficult to conceive?

In an excellent article in American Thinker, David Paulin writes:

In Mexico, ordinary citizens can expect little from their country’s criminal justice system; it’s not a place where they can count on receiving justice.  So it is surprising that Mexicans on death row in the U.S. can expect so much from their government.  Americans, moreover, have always fared badly when caught in Mexico’s criminal justice system; it’s one of the risks of going to Mexico, and international law does not seem to offer additional guarantees of safety to visitors going there.  Yet in this case and others, Mexico presents itself as a paragon of virtue, committed to the lofty ideals of international law that Texas and other U.S. states are ignoring.

In 2004, Mexico sent its top legal talent to the International Court of Justice in The Hague — and complained about 51 of its citizens being on death rows in various U.S. states; none, they complained, had been advised that their government was prepared to offer them top lawyers for their defense.

That Hague court ruled that the U.S. was indeed bound by the treaty — prompting President George W. Bush to ask the states to apply it and review cases involving Mexican citizens awaiting death sentences.  However, Gov. Perry was unimpressed.  He refused to grant a stay-of-execution for Jose Medellin, 33, an illegal immigrant from Mexico found guilty in the 1993 rape-strangulation of two teenage Houston girls, Jennifer Ertman and Elizabeth Peña.  Instead, Medellin was executed, despite having never been informed that Mexico was ready to provide him with a great lawyer.

The President and His Newspaper

In order to really disappear Adria Sauceda, fully and truly, you need more than bunches of law professors and activists: you need the media.  The New York Times does not disappoint.  The Times gawkingly refers to Humberto Leal merely as a “Mexican citizen,” as if he wandered over the border one day and ended up smashing a girl’s head in with a rock, his decades of residency in the U.S. tacitly denied.  As they put it:

Mr. Leal, a Mexican citizen, was not immediately informed of his right, under an international treaty signed by the United States, to seek assistance “without delay” from Mexican consular officials in navigating a confusing foreign legal system.  Such help might have been crucial for someone like Mr. Leal who, his lawyers say, had few resources and a limited understanding of his plight.

Poor guy: maybe he didn’t speak English and got lost looking for directions back to the embassy.

Or, maybe people like Northwestern University Law Professor Sandra Babcock have just gotten so used to lying, of not being challenged by the paper of record that they simply don’t expect to be called on even the most astonishing deceptions.  Babcock’s statement is a cringing embarrassment for the Times and Northwestern Law School (which, as Bernadine Dohrn’s employer, admittedly short circuited their ability to blush decades ago).

But Babcock’s Times quote goes beyond lying.  It is direct, false accusation of everyone involved in the Leal conviction, from the police who arrived at the murderer’s house to the U.S. Court of Appeal for the 5th Circuit, which, David Paulin writes, strongly affirmed Leal’s guilt.

Luckily for Ms. Babcock, her accommodating and incurious pals at the Times do not cite the appeals record.  Nor do they interview anyone who might disagree with her fable of “foreigner” Leal’s Bread-and-Chocolate disorientation with the country where he has lived since he was in diapers.  The word of one academician who grotesquely fibbed her way through two previous paragraphs apparently trumps our entire appellate legal system:

“This was an eminently defendable case, and I don’t think it would have been a capital case if he’d had decent trial counsel” from the start, said Sandra L. Babcock, a Northwestern University law professor representing Mr. Leal on behalf of the Mexican government.

Contrast this with the brief summary of Leal’s appeals compiled by John G. Winder.  Brief, but too long to list here.  Would it be too much for the Times to acknowledge that Leal has had at least 45 different hearings and appeals?

Maybe the Times is just practicing for the time when decisions about American justice are being made in the Netherlands, or 760 United Nations Plaza. In any case, reporter Brian Knowlton blithely allows a passel of activists to insist, one after the other, that Leal’s defense was insufficient, without once mentioning those 45 hearings.

Reading Times articles like this one does have its advantages.  It is amazing, the things you can learn when observing activists in their own natural surroundings.  Mexico’s justice system may be incapable of staunching the flow of blood on their own streets, but they’re spending millions of dollars defending outsourced child rapists and murderers from the vagaries of American jurisprudence:

Early assistance in murder cases also matters, said Noah Feldman [continuing the 'poor Humberto' meme], a Harvard law professor: [sic] Prosecutors know that seeking the death penalty is a long, difficult, expensive process, and they carefully weigh their chances. Knowing that the accused will be well represented could tip the balance away from seeking death, he said.

With that sort of idea in mind, Mexico in 1999 created an ambitious legal assistance program to aid its citizens in capital cases. The program’s director, Gregory Kuykendall, now heads a team of 32 lawyers; in the year ending in May, Mexico spent $3.5 million on the program, according to the Sunlight Foundation, which focuses on government accountability.

Richard Dieter, executive director of the private Death Penalty Information Center, said Mexico’s active legal support had probably contributed to a decline in death penalty cases in Texas. “I think part of it is just better representation,” he said. “Mexico gives advice to other countries about how to do this.”

So if you want to come to America to rape and murder young women, either tomorrow or some time in 2028, it’s best to get Mexican citizenship first.

However, also according to the Times, the U.S. is not far behind Mexico in preparing the ground, as it were, for the future transition to governance by the United Federation of Planets:

The State Department has held hundreds of training sessions across the country to familiarize federal, state and local law-enforcement officials with the Vienna treaty and has issued a 144-page booklet outlining the requirements, with translations in 20 languages, including Creole and Cambodian.

Written, of course, by the International Association of Chiefs of Police, the same “private” organization paid a pretty taxpayer dime to decide and then tell us stuff like why it is that some crimes are called hate crimes and some crimes are just bashing in a young girl’s head while raping her with a stick.  It’s not how laws are written and passed by elected legislative bodies, you see.  What really matters is the opinion of experts like law professors, Eric Holder, the IACP, the United Nations, and the Hague.

At the end of this dark, long road to dismantling the American Justice System, there lies — what?  The District Court of the United Nations Human Rights Council?  The fact that President Obama has joined forces with the United Nations to side with Humberto Leal and against our own courts is terrifying. In the wake of the Casey Anthony verdict, it has also gone unnoticed.  Justice for Adria Sauceda and Caylee Anthony?  Not in this America.

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

3 comments

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.

The Guilty Project: Who Let Child Rapist John Speights Escape on Bond? And What About Those Other 30 Arrests?

6 comments

This is John Speights. He strolled out of a Tampa courthouse last week during his trial for raping a 12-year old child and disappeared.  The sheriff couldn’t stop him because a judge had let him bond out back in 2008, when he was originally charged with ten counts of child rape.  And, oh yeah, he’s been arrested at least 30 other times in Tampa alone for charges including battery, bigamy, aggravated assault, cruelty to a child and domestic violence, yet he has no state prison record, which means that prosecutors had to drop some or all of those charges, or other judges cut him serial breaks for multiple violent crimes . . . or all of these things happened, enabling him to remain free to rape children.

The police catch ‘em and the courts let ‘em go:

John Speights, aka “Poppa Love”

Oh and, by the way, Speights impregnated his child victim, yet the judge granted bond anyway, even, apparently, after the results of the DNA test were known.  The child victim gave birth two years ago, and Speights was unambiguously identified as the father.

If ten counts of child rape affirmed by DNA doesn’t count as a no-bond situation, what does count?

Was the judge who let him go in 2008 (despite knowing about the DNA) the same judge who presided over Speight’s trial last week, or did two entirely different Tampa judges independently make the same troubling call: that a man who impregnated a little girl should be permitted to remain free while being tried for an offense that would put him behind bars for life?

And if there were two judges involved, why didn’t the trial judge withdraw Speight’s bond?  Is this another case of one judge not wishing to “second guess” the decision of another (see here, here, and here)?

The judge who let Speights bond out in 2008 put his child victim, a relative, in grave danger, but she’s hardly the only child who was endangered by Speight’s bond.  Speights has fathered 32 children of his own, and he raped his victim in a household where 12 of his children were also living.  So he was committing child rape in a house with 12 other potential victims, and he even committed child rapes in a room where his infant was sleeping, and yet, some judge looked at this evidence and let him go back to that household and those children to await trial?

That betrays a profound lack of seriousness in the court’s approach to this crime.

For, does anybody actually believe Speights only raped one little girl?  Besides the judge, that is?  Thanks to DNA, prosecutors and police were able to build the current case against him, but detectives told America’s Most Wanted that they had tried to build sexual assault cases against Speights in the past, only to have the victims withdraw out of fear.  Given that, and his prior arrests for acts of violence against women and children, and the fact that his relatives are defending him and have turned on the current victim, there is no way this man should have been permitted to see the light of day since his first appearance in the courtroom two years ago.

Not only is Speights a violent child sexual predator who tried to flee the police when they went to arrest him for child rape, but he is an extremely dangerous type of violent child sexual predator: one who has groomed a cabal of accessories among his own family.  The family is so well-trained that they left the courtroom when he waved his hand, marching out as he absconded.

It takes a village to rape a child.

In this case, the “village” includes Speights’ family, the Hillsborough County Courts, and twisted exclusionary rules that make it nigh-on impossible to mount a successful prosecution of even the worst offenders.  Not a very nice place to live, this village.  How many other children are in danger from Speights at this very minute?

It utterly defies comprehension how some judge could sit in a courtroom, look at Speights’ 30 prior arrests, his prior history of absconding, the intimidation of the victim, the age of the victim, the impregnation of the victim, the evidence of rapes committed in the presence of an infant and multiple other children, the record of violence, the family members supporting the rapist, and still say: “Hey, here’s a guy who deserves to be released on his own recognizance.”

And why isn’t anyone in the media asking the right questions? Instead of asking the court why a dangerous child rapist with a history of fleeing police was granted bond in the first place and then had that bond upheld by the trial judge, reporters asked the sheriff why he couldn’t keep Speights from leaving the courthouse.  The answer, of course, was simple: the law wouldn’t allow them to stop him, once the judge granted bond:

Speights had been free on $60,000 bond since 2008. According to Hillsborough County Sheriff’s Office spokesman Larry McKinnon . . . when a person has been released on bond, it is not the responsibility of the bailiffs to monitor them when they are in court. They are allowed to go as they please, although they have been entrusted to show up for all court matters.  “The bailiff’s responsibility is to monitor the proceedings of the court and not to guard or supervise those out on bond. That’s why they’re out on bond,” McKinnon said.

Reporters have carefully avoided naming any of the judges involved.  I imagine that’s because they know that if any judges get criticized, they will lose valuable media access to all judges.  That’s how the game gets played, after all.  I’ve had more than one reporter tell me so.  Easier to point fingers at the nearest cop and call it a day.

And God forbid if Bill O’Reilly comes knocking on the courtroom doors about another Tampa rapist inappropriately cut loose by a judge.

~~~

America’s Most Wanted featured Speights on their show and have offered something nobody in the local press seemed to think important: a detailed description of the man, and his tattoos.  They’re hard to miss:

5 feet 10 inches tall and 205 pounds — and he’s covered with tattoos, including: praying hands and Playboy bunny on his right arm; snowman and tiger on right shoulder; cross with a rose on his left arm; a rose with the name “Twandra” on his chest; “Pop” on the left side of his chest; “$$$” on the inside of his left thigh; and the word “Psych” tattooed on the left side of his neck.  Catch this convict before he hurts someone else. Call us right now at 1-800-CRIME-TV if you’ve seen him.

Benjamin LaGuer. Brutal Rapist Identified by DNA. His Famous Friends are Still Trying to Blame the Victim.

1 comment

Benjamin LaGuer, who became a cause celeb among the media and academic demigods of Boston until it turned out his DNA matched the crime scene (after faking his first DNA test by substituting another prisoner’s DNA), wants out of prison again (see here and here for earlier posts).

He has fewer supporters this time, but Noam Chomsky and John Silber are still ponying up.  Most of his fan club went into hiding or mourning when it turned out that LaGuer’s DNA was indeed in the rape kit — rather than grope towards ethical consistency by apologizing to a rape victim they had viciously dragged through the mud.

After the DNA match, John Silber and Noam Chomsky, who led the race-tinged hate campaign against the elderly victim, continued claiming that LaGuer was really innocent or that, even if he was guilty, he didn’t really understand that he was guilty, so “technically” he was innocent . . . and other appalling nonsense.   Silber, to the eternal shame of Boston University, actually testified on LaGuer’s behalf again last week.  Here is what Silber said about the man convicted of binding, torturing and raping an elderly woman for eight hours — before spending years attacking her from behind bars:

“I think he is one of the finest examples of a courageous, honorable human being I’ve ever met,’’ John Silber, a former president of Boston University, said at the hearing.

The victim’s son-in-law commented:

“There was never a question in her mind of his identity,’’ he said. “She was a courageous woman, and that seems to have been forgotten.”

John Silber is playing an extremely ugly game on the back of a deceased, scapegoated rape victim, and nobody in Boston, or elsewhere, seems to have the integrity to call him, or his elite peers, out.

The worst behavior, however, has been exhibited by the media itself. Reporters abandoned all traces of objectivity or ethics in their rush to champion LaGuer.  For years, they published “articles” that were, in reality, mere regurgitation of the latest defense strategy.  They behaved as if there had never been a prosecution, or a successful trial . . . or a brutal rape.  As time passed and appeals piled up, both the facts of the case and the details of the crime were buried in favor of speaking for the defense, or shilling breathless feature stories about LaGuer’s writing, personality, his preening supporters, and his courageous suffering.

Print journalists misrepresented the judicial record to such an extreme degree that it can only be called intentional.  And the lynchpin of all this behavior was attacks on the victim, sometimes veiled, sometimes not.  In their self-centered desire to be part of a narrative that reminded them of To Kill a Mockingbird (“Benjy Brigade” members repeatedly cited the book), reporters helped foment a hate campaign against an elderly victim of rape.

It is astonishing that people could even call themselves reporters while exchanging personal letters with LaGuer, giving him money, chattering about his “art,” and advocating for his appeals, but the media in Boston shamelessly did all of these things.  The LaGuer coverage became a textbook example of violating journalistic principles and practices.  Except, this textbook will never be written: local academicians were themselves too busy piling onto the “Benjy Brigade.”  There has been no public reflection on the rules that were broken.  Why bother?  It’s just the victim and her family that were harmed, and their humanity doesn’t matter.

Was it really a reporter, for instance, who helped LaGuer gain phone access to the victims’ hospital room, enabling the convict to pose as a priest on the phone and lash out at the dying woman?  Others proudly announced to the world that they had become one of LaGuer’s “pen pals” or prison helpmates.  Where were their editors; where were the media ethicists and academic onlookers while reporters were acting this way?

Eagerly doing the same.

Some are still whitewashing the record.  Recent news coverage questioning the veracity of the DNA test fails to so much as mention LaGuer’s earlier botched attempt to substitute another prisoner’s DNA for his own — an important part of any story.  Such omissions, large and small, are par for the course for reporters who once lined up excitedly to befriend LaGuer and accuse the victim (a U.S. veteran) of everything from insanity to racism — reporters who then lapsed into silence once they didn’t get the DNA results they were eagerly anticipating.

The handling of the LaGuer case says a great deal — and nothing admirable — about the ways the media is covering other claims of wrongful conviction.  The pattern of acting as mouthpieces for advocates, burying non-DNA evidence, ignoring actual court records, attacking innocent victims, whitewashing convicts’ records, and wildly misrepresenting the actual causes and prevalence of wrongful convictions is now sadly routine.

Benjamin LaGuer’s victim endured an unusually brutal rape, and then a public lynching at the hands of the most powerful people in Boston.  The lynch mob is still attacking her memory, after her death.  They have learned nothing, and they have no shame.

Thanks to Modern Sex Offender Registries and DNA Databases, A Rodney Alcala Would Not Succeed Today

1 comment

Today, the lead story on all my local news stations was about a Schizu named Tuchi who saved his family from a house fire by barking incessantly at the flames.  Dog-saves-family-from-fire stories are always popular.

Not so popular, at least to the media?  Stories about how registering sex offenders saves lives.  There is only one story to be told about sex offender registries, according to the fourth estate, and that story is how registries viciously destroy men’s lives when all they did was commit one little sex crime and must now live forever under the cold eye of the state.

The corrective to such thinking is always just under the reporters’ noses, but most never seem to suss it out.  Rodney Alcala is one such corrective, but once you get past the fact that Alcala has a giant IQ and funny hair and was once a contestant on The Dating Game, the media (with one significant exception) seems to have lost interest in any lessons that might be learned from his long and shocking criminal career.

For the L.A. Times, studied incuriosity is understandable: after all, they literally allowed Alcala to operate under their noses — in their offices — after he’d racked up an incredibly horrifying, publicly recorded sex crime record.  I’d be busy changing the subject, too.

But what about everyone else?  Alcala is a poster boy for the efficacy of registering sex offenders and other demonstrably violent criminals.  Here is a guy who went from raping and trying to murder an 8-year old in California to working as a camp counselor in New Hampshire while spending weekends in New York killing socialites.  Sure, he did it under an assumed name, but when you combine fingerprinting and national registries and DNA database sharing, you come up with a pretty compelling explanation for the sharp reduction in sex crimes over the past twenty years.

And when you don’t bother to do these things right, what you get is a trail of raped and murdered women, from places like Venice (Florida) to Bradenton, precisely where I once tried, and failed, to prevent a similar trail of women’s bodies, eighteen years ago.

Things are better today.  But they won’t stay that way if we don’t recognize and acknowledge innovations that have actually lowered the crime rate.  Powerful, well-funded, pro-offender activist groups are always working to roll back the clock on things like DNA databasing and minimum mandatory sentencing and three-strikes laws and sex offender registration, and, sadly, they’ve got most of the print media yipping their agenda like so many toy poodles.

Rodney Alcala: The Forrest Gump of Sex Murder. And What That Says About the Rest of Us.

7 comments

Yesterday, serial killer Rodney Alcala was sentenced to death for the third time for the 1979 murder of 12-year old Robin Samsoe.  He was also sentenced for the torture-killings of four other women.

Today, the media is reporting brief, painful snippets about the five victims.  Many other victims are believed to exist.

Tomorrow, Alcala will undoubtedly begin appealing the sentence again.  Why not?  The taxpayers of California pay his legal bills: his lawyers have grown fat over the past three decades, helping a serial killer play games with the appeals process.   The victims have spent lifetimes sitting in courtrooms watching him toy with their loved ones’ memories.

Perhaps the worst part of this story is the role played by certain culturally powerful people who knew about some of Alcala’s most vicious crimes but still allowed him get out of prison or provided him with the cover of social credibility.

Had Alcala been put away for life after he was caught, in 1968, in the act of raping and beating an 8-year old girl, his later victims — Georgia Wixted, Jill Parenteau, Charlotte Lamb, Jill Barcomb, Robin Samsoe, and others — would be alive today.  But in 1971, at his sentencing, the state of California decided that Alcala deserved another chance.  They gave him to just a handful of months for the crime, practically letting him walk free for the near-murder of an 8-year old.  The child survived only because police broke into Alcala’s house while he was beating her head in with a steel pipe.

This sentence is a perfect illustration of the theory that, until recently, predators actually received lesser sentences when they sexually violated their victims.  I believe Alcala would have gotten a much longer sentence if he had merely tried to kill the child, without raping her, too.  In the therapeutic environment of the 1970′s justice system, being a sexual offender was literally an excuse for lawbreaking.  Sex offenders were to be pitied, if not slyly admired.

Anybody care to challenge that?

Rodney Alcala

Now for the weighty hangover of such indulgences. Investigators are asking anyone missing loved ones to look at this gallery of photographs that were in Alcala’s possession.  It’s not known how many women and girls he killed, so the photos may lead police to more victims.

You have to wonder why this wasn’t done decades ago.  The photographs have been in the possession of authorities since around 1979.  Perhaps if the state were not so strapped from subsidizing Alcala’s relentless manipulation of the courts, they would have a little more cash on hand to look for more of his victims:

Alcala has spent his time behind bars penning You, the Jury, a 1994 book in which he claims his innocence and points to a different suspect; suing the California prisons for a slip-and-fall claim and for failing to provide him a low-fat diet; and, according to prosecutors, complaining about a law that required he and other death-row inmates to submit DNA mouth swabs for comparison by police against unsolved crimes. . . He has a talent for mining legal technicalities and has repeatedly enjoyed success with appellate judges.

Astonishingly, after being convicted of the vicious rape and attempted murder of an 8-year old, making the FBI’s ten most wanted list, absconding, being sent to  prison, being released, then getting packed off to prison again for abducting a 13-year old girl, Alcala landed a job at the Los Angeles Times.  The newspaper is being quite circumspect on the whole serial killer recruitment snafu thing, but it was reported in L.A. Weekly.

You might think a whole building full of investigative reporters would have betrayed a little curiosity when a two-time convicted child rapist started flashing home-made child porn around their water cooler, particularly considering the fact that he was also under investigation for the Hillside Strangler killings at the same time.

You’d think so, but you would be wrong.  From the L.A. Weekly:

Even as the L.A. Times was publishing sensational articles in the late 1970s about the mysterious Hillside Strangler, who terrorized much of L.A. at that time, Alcala, who worked typesetting articles for that paper, was being questioned by the LAPD in relation to those very murders.  In an interview with the [L.A.] Weekly, Alcala’s former Times colleague Sharon Gonzalez remembers: “He would talk about going to parties in Hollywood. It seemed like he knew famous people. He kept his body in great shape. He was very open about his sexuality. It was all new to me.”  He brought his photography portfolio to show his Times workmates, she says, and the photos were “of young girls. I thought it was weird, but I was young, I didn’t know anything. When I asked why he took the photos, he said their moms asked him to. I remember the girls were naked.”

You don’t want to seem like you’re judging the man.

Gonzalez adds that she wasn’t “smart enough or mature enough to know” that she was looking at child porn. Yet incredibly, she describes how L.A. Times‘ management in the 1970s had a golden opportunity to turn Alcala in, but did nothing: “There were other people in the department who were in their 40s and 50s. The [Times] supervisor at the time — she saw it.” Instead, the reaction at the newspaper was, “We thought he was a little different. Strange about sex.”

Which L.A. Times managers knew about Alcala’s record? His impromptu workplace polaroid shows?  Good for Gonzalez for coming forward: does anyone else have a conscience?  Considering the paper’s current editorial stance opposing sentencing enhancements and measures to monitor sex offenders, it would be illuminating to know if any current editorial board members were among those who knew him back then.

Of course, doing nothing to stop child rape was in at the time.

It is actually hard to believe that Alcala was given a job at the Times despite his heinous record.  Was he given the job because of it?  There is no way they couldn’t know about his past: he was a registered sex offender, had made a daring escape and had been, you know, in the papers.  Were journalists actually so besotted with ideas about the illegitimacy of incarceration that they bought the idea that he had been . . . rehabilitated?

Had Maileresque outlaw mentality really eroded such giant chunks of the ethical hive?

Alcala studied film-making under Roman Polanski, too. I wonder what other passions they shared.

Hollywood pedophiles, media crusaders, rapist-loving parole boards, lenient judges, hip defense attorneys, art-world glitterati, The Dating Game (also post-child rape): this guy was the Forrest Gump of sexual torturers.

The most painfully comprehensive coverage of the Alcala saga is Christine Pelisek’s excellent series of articles in L.A.Weekly.  Read them and weep:

Dating Game Serial Killer Suspect Cross-Examines Himself Over His Hair

Orange County Prosecutor: Suspected Serial Killer and Dating Game Contestant Rodney Alcala Savagely Killed His Victims Because “He Enjoyed It.”

Rodney Alcala’s Final Revenge: Begged to Spare Victims’ Families At Trial, The Alleged Serial Killer Ratchets Up The Suffering

Rodney Alcala: The Fine Art of Killing: One Man’s Murderous Romp Through Polite Society

Orange County Judge Sentences Serial Killer and Dating Game Winner Rodney Alcala to Death

~~~

Tomorrow: Rodney Alcala’s Criminal Appeals

Criminal Appeals: Why Was Serial Rapist Ali Reza Nejad Out on Bond?

no comments

The good news: U.S. Marshals in Houston caught violent serial rapist Ali Reza Nejad after he slipped off his ankle monitor and fled Georgia upon hearing that the Georgia Supreme Court unanimously reaffirmed his conviction and 35-year sentence last week.

Nejad, Before and After Dye Job

The bad news? Violent serial rapist Ali Reza Nejad was allowed to stroll out of prison after being convicted of two rapes, while his case worked its way through the ridiculous and expensive appeals process in Georgia’s horribly overburdened courts.

More bad news? We all paid for Nejad to play Georgia’s horribly overburdened court system from the comfort of his own home.  Then we paid to track him down again after he fled.  Why on earth didn’t anybody in a position of authority bother to think through the potential effect of the Supreme Court’s negative ruling on this crazy serial rapists’ state of mind and go pick him up, or at least put him under constant surveillance, before he found out that he was heading back to prison for the rest of his adult life?

And why was he allowed out of prison to await appeal on frivolous grounds, anyway?  All rapists are dangerous criminals, but this guy qualifies as central-casting-woman-loathing-sexual-sadist-armed-with-a-gun-escalating-and-stalking-prostitutes-dangerous.

~~~

Criminal Appeals

Nejad appealed his conviction on two grounds: the perennial ineffectual counsel claim, and his lawyer’s insistence that there is some gray area in defining a gun as a deadly weapon.  None of this was about whether Nejad did, indeed, pull guns on women and rape them: it’s just meaningless technicalities piled one on top of another until the courts can’t function or somebody slips up and lets a serial rapist like this back onto the streets.

(I can’t link directly to the pdf files for the Georgia Appeals Court decision that led to Najad being wrongfully released or the Georgia Supreme Court decision that reversed the overturning of his trial verdict and sent him back to prison, but you can access the pdf files by typing Najad v. State.)

As to the first claim, famous-defense-attorney-type Brian Steel, who has been practicing criminal law in the courts and on front pages in Georgia for a very long time, insisted that he had both completely and repeatedly lost the capacity to function as even an ordinary lawyer, let alone a really famous one, throughout the entire trial.

An Appeals Court judge devastatingly called Steel out on this fiction and expressed concern that what the lawyer might be trying to do was perpetrate fraud.  It’s worth reading this and pondering the court’s suggestion that defense attorneys are knowingly front-loading their representation of clients with errors in order to get them off later, when there’s no other expectation of acquittal.  Ugly stuff:

SMITH, Presiding Judge, concurring specially.
I concur fully in the majority opinion, but write separately to point out an area
of increasing concern in claims of ineffective assistance of counsel. Trial counsel’s
testimony in this case demonstrates a worrisome trend with serious implications for
the bar
and the administration of justice.
Taking the record on appeal at face value, we are presented with several
possible and equally questionable explanations for trial counsel’s testimony at the
hearing on the motion for new trial. Trial counsel may, despite his many years of
experience, simply have been unaware of the well-established rule of law governing
a defendant’s right to testify. Or he may have in fact so instructed his client in order
to provide a ready-made reversible error on appeal in the event of a conviction. Or
he may have testified untruthfully at the hearing on the motion for new trial in order
to provide his former client with a basis for reversal of his conviction.
None of these possibilities, which are by no means exhaustive, reflects well
upon trial counsel. Whether he is so incompetent as to call into question his ability to continue in this area of practice, or whether he has conducted himself in such a manner as to perpetrate a fraud upon the court, is not for us to say.
But we view any of these possibilities with alarm. The trial court was similarly concerned, asking trial counsel, “Don’t you think you have some responsibility to the system?”  Typically, trial counsel in such situations testify primarily to the factual details of their conduct and decisions, and admit errors only with reluctance and with due regard for their professionalism and pride in their work. The developing trend of emphatically and even eagerly testifying to one’s own incompetence or misconduct is dangerous to the administration of justice, particularly if it is allowed to continue without any consequences for the testifying trial counsel.

There are no consequences, no matter what the defense bar does, or lies about doing.  That’s why we have so many rapists and murderers walking the streets.  Beginning, middle, and end.  We’re all at their mercy, in a system they have been jerry-rigging for half a century.

The Georgia Supreme Court, in an unanimous decision, reversed the appeals court on the determination of incompetent counsel.  They observed that nobody has a positive duty to continually inform a defendant that he may, in fact, testify.

They also reversed the appeals court’s ruling that the jury should have been asked to decide whether holding a pellet gun to someone’s head is assault with a deadly weapon.  It’s extremely settled law that wielding a gun, even a pellet gun, that way is assault per se with a deadly weapon.  I’m surprised that appeals court agreed with Nejad’s lawyer on this matter.  Here is the Supreme Court:

During the jury instructions concerning the two counts charging Nejad
with aggravated assault with a deadly weapon, the trial court informed the jury
that the crime is committed when the accused, with a deadly weapon, places
another person in reasonable apprehension of immediately receiving a violent
injury.
The trial court then told the jury that “A pellet gun in the shape of an
automatic weapon is per se a deadly weapon.” The Court of Appeals ruled it
was error to give the “per se” charge, reasoning that a pellet gun is not a per se
deadly weapon and it was for the jury to resolve whether the manner and means
by which it was used made it a deadly weapon. Nejad v. State, supra, 296 Ga.
App. 163 (2).  A firearm is a deadly weapon as a matter of law. Wyman v. State, 278 Ga.
339 (4) (602 SE2d 619) (2004). A firearm pointed at a victim and reasonably
appearing to the assault victim to be loaded is a deadly weapon as a matter of
law, regardless of whether it is loaded and, under such a circumstance, the trial
court does not err when it takes the issue of “deadliness” from the jury.

So there you have it. Ali Nejad picks up prostitutes, rapes them at gunpoint, and does the same to so many women that word gets around on the streets.  The police catch him, being excruciatingly cautious to protect his rights in the process; the courts try him, being excruciatingly cautious to protect his rights in the process; the case is decided by jurors being excruciatingly cautious to protect his rights in the process — and then the moment he is convicted, the free-for-all game-playing begins.

From the moment jurors return a guilty verdict, everything’s perpetually up for grabs, at our expense.  As the manipulations by the defense bar grow more and more extreme, judges and prosecutors can only protest impotently.  We’ve designed a system in which defense attorneys can say anything, do anything, cost the rest of us anything, intentionally throw a trial, intentionally bankrupt the courts — but they cannot be held responsible for this conduct.

I predict that the only people who will be blamed for the Nejad debacle are the people who would have kept him in prison in the first place: the officers tasked with monitoring him after a judge let him go free to await the outcome of the appeals process.  They don’t deserve any blame.  They caught Nejad, twice now.  It’s the rest of the system that has failed to keep the public safe.


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

no comments

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.