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

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. . . 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”

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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

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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

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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.

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

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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.

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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.

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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

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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.

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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

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Tomorrow: Rodney Alcala’s Criminal Appeals

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

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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.

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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

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

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

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

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

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

Now, wait for it . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~~

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

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

You know, in the interest of opposing cruel tyrannies.

A Few of the “Don’t Worry, They’re Harmless” Absconded Sex Offenders in Atlanta

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Charles Eugene Mickler: Mickler is classified as a sexual predator (the most dangerous offenders), yet somehow he didn’t serve any time in a Georgia prison for his 2007 sexual battery conviction?  Can anyone explain that?

873723wb7

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Willie Morgan Jr. is the other Atlanta-area absconder also classified as a sexual predator.  No picture in the Georgia Registry.  There is a picture, however, in the Florida Sex Offenders Registry.  Morgan was convicted in 1995 of sex crimes against children in St. Petersburg.  He relocated to Atlanta before absconding:

CallImage

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Miguel Ortiz: Ortiz was convicted in DaKalb County of aggravated child molestation in 1994.  Oh, and he was also convicted in DeKalb County of aggravated child molestation in 1989.  He got three years . . . for aggravated child molestation in 1989.  Then he got out of prison, early of course.  Then he got eight years for aggravated child molestation in 1994.  Despite a prior conviction.  Then he got out of prison, early again, of course.  Now he’s on the run.  The GBI and the Atlanta Journal Constitution want you to know there’s nothing to worry about because Ortiz probably just victimized children he knew:

273553w6-1

Why doesn’t somebody write stories about how you used to get three years for aggravated child molestation, then eight years for the second offense, before Georgia legislators courageously reformed the law (to the dismay of anti-incarceration activists)?  Today, Ortiz would be facing a minimum twenty-five year sentence for his first aggravated child molestation conviction, and there wouldn’t be a second one.  That is, if the judge enforced the sentencing law.

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Ricardo Alverdo isn’t an Atlanta case: he absconded from Troup County.  But his is a typical case, in that it raises more questions about sentencing and the courts.  Alverdo was convicted of aggravated assault with intent to rape in 2004.  Unless there’s something wrong with the Georgia Corrections database, Alverdo, like many, if not most, of these convicted sex offenders, never made it to a prison cell.  He was never sent to state prison.  That most likely means he was not sentenced to more than a year behind bars, if that.  Did he serve a few months in a county jail and then get cut loose?  Did he serve any time at all?  Georgia law requires a minimum one-year sentence for aggravated assault with intent to rape.  Did the judge just deliver the minimum?  Is one year anybody’s idea of a fair sentence for trying to rape someone?

385356jb7

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Michael Barber of Fulton County didn’t go to state prison for child molestation in 2005, nor did Michael Brown, convicted of child molestation in Fulton County in 2004.  It’s unclear if either of them served any time at all, even in the county jail.  The minimum sentence for child molestation by 2004 was five years, but (again, if the Corrections database is working) some Fulton County judge apparently let them go instead.  Barber definitely absconded during the time when he should have, by law, still been in prison, and Brown may have done so as well, depending on when he took off.  What on earth in happening in the Georgia courts?  And why isn’t the Atlanta Journal-Constitution asking questions about that?

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Michael Barber

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Michael Brown

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Dawud Brimsley doesn’t appear to have spent five minutes in jail after he was convicted of aggravated assault with attempt to rape last March in Fulton County.  Ten days after the conviction, he registered as a sex offender, presumably because he walked out of jail.  Even if he got the minimum, he is still supposed to be in jail, but instead he’s now on the run after committing a violent sex crime.  That means a judge in Fulton County did not follow sentencing guidelines.  Which judge?  And are there any judges out there who do anything other than assign the minimum sentence, no matter the crime?  But there’s no reason to worry, according to the newspaper:

215523db8 ~~~

David Brent Telano was convicted of aggravated child molestation and “aggravated sexual” (one assumes assault) in Fulton County in 1994.  But there are no records for him in the state corrections database, either.  Did he even go to county jail, for a year, or less?  He didn’t go to prison.  Now he’s absconded:

237151v5

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Jermiah Anthony Facundo, should have never been let out of jail in the first place.  Sentenced for rape, aggravated sodomy, armed robbery, and possession of a firearm in 1999, he served less than ten years of his sentence, walked out of prison in 1999, registered in Fulton County, then took off some time after December of 2005.  Where has he been for the last five years?  That’s anybody’s guess, but he is representative of many of the men on this list, men with extremely violent records:

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So there are rapists, armed rapists, attempted rapists, sexual batterers, and (many) aggravated child molesters on the absconder list.  Many of these men never went to state prison for crimes committed in 1987, 2007, even 2009.  And this is only a list of the men (plus a few women) who have absconded: of the thousands of sex offenders in Georgia, how many of them actually served more than a year or two for very serious crimes?

With a three-pronged attack of lawsuits, lobbying, and sympathetic media coverage, anti-incarceration activists are trying once again to convince the public that Georgia is “too harsh” on sex offenders.  They’re trying to roll back the clock on Georgia’s sentencing reforms, reforms that would have saved, for just one example, Miguel Ortiz’ second child victim from being raped by him.  It takes five minutes of perusing the conviction and incarceration records of these offenders to see that, in reality, we’re still letting rapists and child molesters walk away with a slap on the wrist.

Lots of them.

East Coast Rapist, DeKalb County Rapist: Serial Rapists and DNA. It Works. If You Bother to Use It.

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(Hat tip to Pat)

In 2007, I stood by the mailbox of the house I once briefly rented in Sarasota, Florida, contemplating the short distance between my house and the house where my rapist grew up, less than a mile, and a strikingly direct path over a well-worn shortcut across the train tracks.

I had just spent several months and many hundreds of dollars to get copies of the police investigation reports for my rape and some of the court records of the man who was accused of, but never prosecuted for the crime. Every time he was sent away on another sex crime conviction, the police closed all the other rape cases they attributed to him.  In 1987 he was tried for one sexual assault, and at least six other cases were shelved, including mine.

Such was the economy of justice in 1987: rapes were not deemed important enough to expend the court resources to try every known defendant for every crime.  This attitude arose not from the police but from the legal establishment and, by extension, the public.  It was an accepted status quo, not just in Sarasota, but everywhere.

To behave as if each rape victim actually deserved justice and every woman deserved to be safe from offenders was not anybody’s priority for spending money in 1987.  The same can still be said today, though attitudes have spottily improved.  We’ve never spent enough money to thoroughly investigate and prosecute more than a fraction of all crimes.

Criminals know this, though the public remains largely oblivious.

I remember being astonished when the police told me the D.A. would not be prosecuting my case, even though there was evidence and a rape kit.  A few months later, the first rape case in the United States using DNA evidence would be won in Orlando, a mere hundred miles and three jurisdictions away.  There, the D.A. had decided to be aggressive and use this new technology already in use in Britain, and he succeeded.  But more than a decade would pass before DNA evidence was even routinely collected and databased in most states.

A lot of people slipped through the cracks unnecessarily during that decade, including my rapist.  Sentenced to 15 years for his 1997 crime, he walked out of prison seven years later, the beneficiary of both the state’s unwillingness to fully fund prisons and activists’ efforts to get every convict back onto the streets as quickly as possible.  He immediately returned to raping elderly women, his preferred victims, and wasn’t back in prison until 1998.  At least the prisoner activists, and the defense bar, were happy.

Before the statute of limitations ran out on my case, I had offered to return to Florida to testify against my rapist. to try to keep him behind bars for a longer period of time.  The state had the ability to test the DNA in my rape kit.  I hired a private detective and reached out to the then-current Sarasota County D.A.  They practically laughed at me for having the audacity to suggest such a thing and said they didn’t have the money to go back and try old cases.  So Henry Malone walked, and more elderly women were raped.

Have things changed, even now?  Yes and no.  Two serial rape cases in the news show both progress and stagnation.

The stagnation is in DeKalb County, Georgia, the eastern part of metro Atlanta.  I know the area well: I worked there and lived nearby for much of two decades.  A serial rapist is on a real tear in DeKalb, raping at least three women since October and possibly three more since the last week of September.  Police officials told reporters that they had requested rush DNA tests on the three unknown cases from the state lab and were waiting for results.  But when CBS News Atlanta went to the state lab to find out why the tests weren’t done yet, the head of the DNA testing unit told reporters that no such request had been made.

I’m generally sympathetic to the police — less so to police brass, who sometimes rise through the ranks due to politics, not professionalism (there are some great precinct sergeants in Dekalb County, though).  But now that the mistake has been made, the executive command ought to be out in front, showing the public that they are serious about doing everything they can do, as quickly as they can do it, to catch this rapist.  Six, or even three rapes in a few months is escalating behavior, and he threatens his victims with a gun.

Ironically, the police caught several other fugitives while searching for this rapist.  It’s all about resources: we live knee-deep in wanted felons and under-investigated suspects, and our elected officials pretend that this is a perfectly normal way to live.

Meanwhile, police in the Washington D.C. area are using the media to appeal to the public to help them find the “East Coast Rapist.”  There should be more publicity.  This rapist has been active for at least 12 years: DNA tests reveal a pattern of travel between the D.C. suburbs, Connecticut, and Rhode Island during that time.

So there is a chance that somebody else knows the identity of the rapist because of his changing locations.  Profilers used to assume that serial rapists and serial killers were loners, but this, like so many other presumptions (ie. serial killers are usually white men, serial offenders pick only one type of victim) have been proven to be false.

The Washington Post has an interactive map listing the locations and dates of the East Coast rapist’s attacks in today’s paper:

GR2009121700056The rapist may have been in prison for some other crime between 2002 and 2007, and even 2007 and 2009.  You have to figure that officials in Washington D.C., Connecticut, and Rhode Island have already submitted DNA to the national database, so if he had ever been convicted of a sex crime, or even served time for some other felony in most states, his DNA would be on record somewhere.

But who knows?  Maybe he was committing sex crimes in one of the many places where DNA samples don’t get processed properly, like Wisconsin and Michigan and California.  Maybe he’s supposed to be behind bars but hasn’t been picked up yet because nobody is bothering to keep track of thousands of offenders who have absconded on bail, the situation in Philadelphia.

It’s all about resources.  Twenty-two years after the first use of DNA in convicting a serial rapist, there should be no backlogs.  Rape is too important.  Thousands of offenders shouldn’t still be walking out of prison after skipping their DNA tests, through deceit or carelessness.  Every one of these cases represents a denial of justice to someone.

Too bad criminal justice activists and law professors and university president-types don’t get all worked up when the person being denied justice is the victim, instead of the offender.

When I purchased the transcripts from some of Henry Malone’s many perambulations through the courts (and how nice that I had to pay, and pay a lot, for them), I was astonished to read the details of one hearing that was held at Malone’s behest because he demanded reimbursement for a fine related to his car, which had been impounded when he was arrested for sexual assault.  The judge and the defense attorney seemed amused by his bizarre demand.  I don’t find it so funny.  Imagine what we paid for the judge to read that demand, for the lawyer to research the claim and represent Malone in court, for the court reporter, and the security guards, and everything else that went into assuring that Henry Malone would get to be heard in court over an inane and dismissible whim.

The same courthouse where I had been denied the chance to face Malone for raping me because nobody wanted to bother spending the money to try him for more than one rape.  Criminals have rights the rest of us can’t dream of.  It’s all about the resources, and every last dime goes to offenders; they get everything they want, whenever they want it, out of the courts, while their victims wait out in the cold.

The Guilty Project: The First Rape is a Freebie, then Loc Buu Tran Slaughters A Young Woman

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Courtwatcher Orlando’s Laura Williams brings attention to the case of Loc Buu Tran:

2006-CF-014820-O In custody since 10/19/06 ~ Trial now scheduled for 11/16/09 with Judge John Adams.  1st Degree Murder. Allegedly stabbed a UCF student to death 10/06 when she tried to break up with him. Also was convicted 8 years ago in Clearwater for rape. Mistrial was declared 8/12/09 after Judge Jenifer Davis realized during the first witness’ testimony that she had worked on the case when in the PD’s office.
Why can’t we seem to get this guy tried?

Good question.  The judge, who rose to the bench after working as a defense attorney, claims that she “didn’t remember” that she had previously represented Tran.  How, exactly, does that happen in an extremely well-publicized murder case of a college student?

Judge Jennifer M. Davis was presiding over the case until she officially disqualified herself this morning on the grounds that she previously had worked in the public defender’s office as an attorney. Davis said she was part of Loc Tran’s defense.

“I’ve had this case for awhile,” Davis said. “It had not occurred to me I had worked in the office that initially represented this case, so legally I have no choice but to disqualify myself.”

Davis apologized to the jury and said she had worked as a supervisor with the attorneys defending the case. She said she didn’t realize until she heard the witness testimony from Nhat-Anh’s sister.

Here’s another question: why did Tran get probation from a judge in Clearwater, Florida in 1998 for the crime of burglary, sexual battery and kidnapping?

Probation for sexual assault.  Pinellas County’s on-line records are sketchy, but it appears that some judge in Clearwater, Florida gave Tran mere probation in December of 1998 for several serious crimes including sexual assault.  Think about that.  Rape a woman, get probation.  “First” offense, a freebie (though it appears it isn’t his first offense — a previous case is listed but there are no extant records).  In other words, nobody bothered to prosecute him that time, so the rape became a second first offense.  That makes the murder a fourth eighth offense.

There is a “sentencing guideline departure” page listed on the County website, but I can’t open that either.  No kidding they departed.

I would love to hear the justification for granting probation for rape.  Especially because Tran went on to take another woman’s life.

From what I can tell, and I’ll check on this after the holiday, after Loc Tran received probation for the 1998 rape, he went on to violate his probation with a fistful of credit card fraud charges which led to his finally being sentenced to prison in 2002.

Rape a woman, walk.  Steal a credit card, and you’re going to the big house, buddy.

But not for very long.  In July, 2002, Tran was sentenced to serve seven concurrent sentences of 3 years, two months each.  Take a good look at the offenses, all telescoped down to one concurrent prison term.  This is how crimes are disappeared by the courts every day, and victims are denied even the semblance of justice.  Or safety.

Current Prison Sentence History:
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
04/27/1998 BURGLARY ASSAULT ANY PERSON 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 SEX BAT/INJURY NOT LIKELY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 KIDNAP;COMM.OR FAC.FELONY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 OBSTRUCT CRIME INVESTIGATION 07/24/2002 PINELLAS 9807111 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D

Then, of course, after letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . well, why break a perfect record of sheer contempt for victims of crime, not to mention the safety of women?  The State of Florida let him go early, after serving only 26 months of a 38 month sentence.

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

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

Take a good look at his face.

This is a man who knows there are no consequences for the crimes he commits against women.  Expect endless, expensive appeals for him, and more of the same when he walks out of prison a second time.

DNA Could Have Stopped Delmer Smith Before He Killed, But Nobody Cared Enough To Update the Federal Database

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This is Delmer Smith, who is responsible for a recent reign of terror on Florida’s Gulf Coast that left women from Venice to Bradenton terrified of violent home invasions, murder and rape:

Delmer Smith gave a DNA sample to the Feds 15 years ago, when he was incarcerated in Michigan on federal bank robbery charges.  And then what did the Feds do?  Well, in fairness, they were super busy not watching Phillip Garrido as he repeatedly raped and impregnated the child he was holding captive in his backyard.

So the feds apparently did nothing with Delmer Smith’s DNA.  Now a slew of women have been raped, and at least one murdered, crimes that could have been easily prevented if the feds had done what they were supposed to do and entered Smith’s DNA into the appropriate database.

But they couldn’t be bothered, just like the states so often can’t be bothered, just like Florida couldn’t be bothered fifteen years ago when they let my rapist walk out of prison to commit more rapes of frail, elderly women because they didn’t bother to link him to other crimes using DNA from kits they were supposed to test, but didn’t.

In precisely the same neighborhoods Delmer just tore through: Sarasota, Venice, North Port.

This time, to be clear, it wasn’t the Florida courts that screwed up: it was federal authorities.  Funny how they all screw up in precisely the same way, though: serial neglect of serial criminals who rape and kill again.  How much do they screw up?  Well, I’m understandably tuned in to this little piece of Florida’s West Coast, but it takes about fifteen minutes on Lexis-Nexus to find similar “mistakes” in every state.  We are letting extremely violent criminals slip through the cracks, and nobody seems outraged about it: nobody seems to be trying to plug the many holes in the system, or even to try to figure out what those holes are.

~~~

What to do?  Although police are usually the ones singled out when a serial offender is on the loose, their actions are rarely the reason recidivists are free.  Blame the courts — from lax prosecutors to lenient judges, to the hash the defense bar has made of our criminal justice system.  Also blame parole boards, and legislators and governors who refuse to fund prosecutions and prisons at realistic levels.

Finally, blame the activists who will do anything to get certain offenders out from behind bars, all the while banging the drum that “America is a prison state: we incarcerate too many people for too long. . .” Any cursory review of crime reports, arrests and convictions shows that precisely the opposite is true: we incarcerate too few people, and we let them go too soon.

People still routinely get a few months in jail for molesting a child, or probation for shooting someone.  But how do we make this visible, when prosecutors and judges want to hide their actions, and reporters won’t report on it?

It’s Time for a “Guilty Project”

Failure to Update DNA Database

Delmer Smith: suspected in a dozen home invasions, several rapes, one  or more murders, all thanks to the failure of federal authorities to enter his DNA profile in the CODIS database.  Too bad the F.B.I. sent a profiler down to Florida tell the cops that the killer was probably a male with anger issues, instead of making sure CODIS (which is the FBI’s responsibility) was up to date.  How many other violent offenders have slipped through the cracks in CODIS?  Does anybody know?

Serial Judicial Leniency, Failures to Prosecute, Failures to Enforce Parole, Failure to Correct DNA Deception, Failure to Update DNA Database

Walter E. Ellis, arrested at least a dozen times, including two (or three) attempted murders; convicted of several serious crimes, including attempted murder; repeatedly released early, despite multiple parole violations; received merely three years for nearly killing a woman with a hammer; charges apparently dropped for attacking another women with a screwdriver . . . and Wisconsin authorities didn’t bother to get a DNA sample from Ellis at the time they discovered that the sample supposed to be his had been “donated” by another inmate, a child rapist.  12,000 other convict samples are currently missing from Wisconsin’s list.

Serial Judicial Leniency, Failure to Update DNA Database, Reliance on Inaccurate Profiling(?)

John Floyd Thomas, first convicted of rape in 1957, arrested multiple times, convicted of rape again, released early again, now suspected of killing as many as 30 elderly women, avoided giving a DNA sample when he was required to do so, apparently without any consequences.  True Crime Report is attributing his ability to elude capture to inaccurate profiling indicating a white killer, but I’m not sure about that because there were surviving victims thought to be linked to the serial murders.

~~~

Where is the Outrage?

Prior to these belated DNA matches, the only one of these three men who served any substantial time in prison was Smith, and that was for robbing a bank, not assaulting a woman.  Authorities in Milwaukee can’t even figure out what happened to one of Walter Ellis’ previous attempted murder charges for an attack on a woman.

Just trying to kill women still doesn’t count for much, it appears.

The flagrant acts of these men, and of thousands of others — the lack of consequences they experience that enables them to attack multiple female victims — all beg the question: why aren’t serial crimes targeting women counted as hate crimes against women?

Why aren’t the resources of the hate crimes movement — the public outrage, the state and federal money, the well-funded private opposition research, the media attention, the academic and activist imperatives — brought to bear on cases where the people being targeted are women?

The answer is shameful.  Hate crimes leaders and opposition researchers don’t want their movement “distracted” by the the fact that women are far and away the most common category of victims targeted because of their identities.  These activists want to keep the focus on the picture they are painting of America, on race and ethnicity and sexual orientation, so they don’t want their statistics “overwhelmed” by a whole bunch of woman victims.

Consequently, activists who otherwise fight to get certain crimes counted as hate crimes fight even harder to keep any serial crime against women from being counted as hate — as the media laps at their heels, quiescent as a warm gulf tide.

U.S. Attorney General Eric Holder has been a central player in this ugly little deception for more than a decade now, so don’t expect changes anytime soon, especially with journalists’ self-enforced code of silence.

However, to give Holder credit where credit is due, he does advocate expanding the federal DNA database, an unpopular position to take in the current administration.

~~~

There is a personal silver lining in the Delmer Smith case. The man who had the temerity and insight to finally put my rapist away for life is the same man who had the temerity and insight to catch Smith before he killed more women.  It was a cognitive leap and real police work, apparently done by linking Smith to the sexual assaults after he got caught in an unrelated crime, a violent bar brawl.  And then locking him up on federal parole violations until a DNA sample could be tracked down.

Thank you, Venice Police Captain Tom McNulty, for taking yet another bastard off the streets.  That’s policing.

More on the Atlanta Journal Constitution’s “Homeless Sex Offenders” Hysteria

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How easy is it to predict the many ways the media has substituted thinly-disguised advocacy and sheer make-believe for reporting on the alleged “homeless sex offender” crisis?  Painfully easy. 

Before I even read the latest installment of the homeless sex offender soap opera, the one that appeared in the AJC last week, I made up a list of rules for such stories:

Template for Homeless Sex Offender Stories

1.  Open story with bathetic description of the campsite.

2.  Assert that sex offender living restriction laws are the sole cause of homelessness, and that they are “forced” to be homeless.

3.  Do not mention the fact that there are hundreds (or thousands) of other registered sexual offenders living in the same area and abiding by living restriction rules who are not homeless.

4.  Do not question offenders about other behavior that led to their homelessness, such as getting evicted, not paying bills, refusing to work, drug/alcohol addiction, domestic violence, non-sexual criminal acts and criminal history.  Also do not ask if they were homeless before they were forced to register as sex offenders.

5.  Seek out the most seemingly-sympathetic offender to profile; studiously avoid the “hard cases.”

6.  Allow offenders to describe their own crimes: do not check the records for accuracy.  Actually, try to avoid mentioning their crimes at all.

7.  Quote activist groups opposing living restriction laws, but do not seek statements from people who support living restrictions for sex offenders.  Do not cite data on efficacy of post-conviction monitoring of sex offenders.  What, tell both sides of the story?  There aren’t two sides of this story, are there?

Let’s see how I did with the AJC story:

1.  Open story with bathetic description of campsite:

A path leads from a nearby parking lot next to a sign that says: “State Property. No Trespassing. No Dumping.”  Up the hill, camping tents, some with tarps, dot the woods. There are bicycles, a gas barbecue grill and empty bottles. A solar water bag that heats water for a shower is pegged to a tree, and a little mirror is nailed below it.

“Little mirror nailed to tree.”  “No dumping” (except unwanted humans, get it?).  Bathos: check, check.  But nothing matches the way this story ends: with a little Chiuahua named Trista helping her owner Cindy phone for help for her homeless sex offender friend.  What tripe.  Note that the reporter does not bother to mention the victims, nor the offenders’ records or sentences.

But we get to meet Trista the perky Chiuahua.

not Trista

I don’t know whether to shudder or gag.  Who lets reporters get away with stuff like this?  Oh yeah, their editors.

2. Assert that sex offender living restriction laws are the sole cause of homelessness, and that they are “forced” to be homeless:

A group of homeless sex offenders is living in a camp in the woods behind an office park in Marietta — one place that does not violate the many living restrictions that Georgia’s tough sex offender law imposes. . . “This is ridiculous that we have to live like this,” said Marque Miechurski, 30, who has lived in a tent in the woods for about a month and a half.

The reporter insinuates that housing that does not violate the statute is extremely rare — “one place that does not violate” — which is simply untrue, and she lets Miechurski’s claim that he “has to” live there go unchallenged, but, in fairness, she doesn’t come out and say that they have no place else to go.

They’re just whining that they have no place else to go.

These offenders, a mere 12 in Cobb County, a mere 70 in a place as large as Miami, are people who have burned through every other resource — family, friends, employers.  Unsurprisingly, most of them are child molesters, which can put a chill on your relatives’ willingness to help.  Even so, their homelessness sounds transient, unless they are homeless for other reasons as well, such as substance abuse.

The reporter utterly fails to investigate other reasons for their homelessness.

3.  Do not mention the fact that there are hundreds (or thousands) of other registered sexual offenders living in the same area and abiding by living restriction rules who are not homeless:

“We have about 375 sex offenders in Cobb County,” said sheriff’s spokeswoman Nancy Bodiford. “We check on most two to three times per year.” Of those, 13 are listed as homeless, Bodiford said.

This gets buried, but at least it’s in the article somewhere.  It also disproves the point of the exercise and the paper’s editorializing on the subject, since 97% of registered sex offenders in Cobb County are not actually homeless after all, but, whatever.  Maybe the AJC should read . . . itself.

Unfortunately, a sampling of the 300+ reprints of this story in national and international media suggests that this paragraph gets left out when the story is run overseas (yes, there is outraged international coverage of these 12 temporarily homeless men: Georgia is now an international baddie for being mean to these 12 sex offenders).

And so the echo-chamber of anti-Americanism nibbles on.

4.  Do not question offenders about other behavior that led to their homelessness, such as getting evicted, not paying bills, refusing to work, drug/alcohol addiction, domestic violence, non-sexual criminal acts and criminal history.  Also do not ask if they were homeless before they were forced to register as sex offenders:

The Southern Center for Human Rights represents Levertice Johnson, 52, who moved to the wooded camp after he couldn’t find a job and couldn’t afford the $60-a-week rent at a shelter in Fulton County. . .

So Levertice Johnson is not homeless because he is a sex offender.  Lervertice Johnson is homeless because he did not pay the paltry $60 a week that was asked of him at the last place he lived.  The reporter does note this, but it does not seem to leave any impression with her or her editors.  The story, after all, is not about Levertice Johnson not paying his rent.

For that matter, if the folks at the Southern Center for Human Rights are so concerned about finding Mr. Johnson a place to live, why don’t they take him home?

Maybe this is why: Levertice Johnson has a very nasty record, including two convictions for child molestation and two convictions for cruelty to children.

Maybe Levertice Johnson is homeless because nobody in his family wants to have anything to do with him, and he is too lazy to get a job.  He got convicted for cruelty to children, which is a hard thing to get busted for unless you’ve actually killed a child or sent them to a hospital.

Somehow, this is not stopping the Southern Center for Human Rights, and the AJC‘s editorial staff, from painting him as a victim of the rest of us — of our what, unwillingness to pay his rent for him?  Unwillingness to support him as a man of leisure?  The unwillingness of employers to hire somebody who molests and beats children?  What about the human rights of the children themselves, or Mr. Johnson’s responsibi. . . Wait, look over there: it’s Trista!

not Trista

5.  Seek out the most seemingly-sympathetic offender to profile; studiously avoid the “hard cases.”

Now we get to brass tacks.  I mean, child molesters.  Out of the 12 offenders-living-in-the-woods, seven were convicted of child molestation, one with enticing a child for indecent purposes, one with sexual battery, one with aggravated assault with intent to rape, and one with the distressing crime of “rape and aggravated sodomy-reduced to aggravated assault.”

Lovely bunch.  The reporter chooses one Marque Miechurski to profile, apparently on the grounds that he is willing to publicly wallow in self-pity even after being convicted of molesting a child.  And this is the best she can do.

6.  Allow offenders to describe their own crimes: do not check the records for accuracy.  Actually, try to avoid mentioning their crimes at all.

And here is Mr. Miechurski’s version:

Miechurski says his troubles all started when he “had an itch” and scratched it when he was out smoking in front of his apartment on Franklin Road in Marietta last year. He says a child said that his pants were down, but he denies that.  “I get hit with the worst charge a person could ever be hit with,” said Miechurski.

Even though Marque Miechurski claims to have been merely scratching an itch, and not exposing himself, and not molesting a child, he was convicted of child molestation and indecent exposure.  That’s not an opinion: it is a fact.  That’s not an allegation: it is a conviction.  Two convictions.

Shouldn’t the Atlanta Journal Constitution stick to reporting facts?

Miechurski was found guilty.  He can sit in the woods in a tent and whimper about scratching his crotch all day long, and his creepy pal can sit around whining about the injustice of it all to some daft reporter who doesn’t even bother to go to the courthouse and check the actual criminal conviction but sits around playing with a dog named Trista instead, but none of this changes the fact that Marque Miechurski was not convicted of scratching himself.

He was convicted of exposing himself and molesting a child.  So the reporter should have offered a corrective to this claim, instead of just publishing it.

That’s what reporters are supposed to do.  Not “tell one side,” as if the conviction doesn’t exist.  She  should have gone down to the courthouse and checked the criminal case records and reported what the courts found.  If she was going to give Miechurski and his friend and their dog all those column inches to claim that the child wasn’t really attacked, then why didn’t she interview the prosecutor and the victim’s parents?

not guilty

Why didn’t the reporter do these things?  Because this type of story isn’t about facts: it is about reporters feeling morally superior to the public.

7.  Quote activist groups opposing living restriction laws, but do not seek statements from people who support living restrictions for sex offenders.  Do not cite data on efficacy of post-conviction monitoring of sex offenders.  What, tell both sides of the story?  There aren’t two sides of this story, are there?

Yes Virginia, there are two sides of this story, though you won’t find them in a trumped-up fairy tale about woods-dwelling sex offenders.  In this bias the AJC does not disappoint: they quote the Southern Center for Human Rights and nobody else.  They also quote them without acknowledging that the entire “homeless sex offender” controversy has been manufactured by activist groups like the S.C.H.R., so it’s a little like reading off cue cards.

It is clearly a bygone conclusion to the editors at the AJC that there is only one side to this issue, the side they are on, which is that living restrictions and sex offender registration serve no good purpose at all.

This is called advocacy, not reporting.

Admittedly, it is hard to find data analyzing living restriction and sex offender registration outcomes: how do you measure sex offenses that have been prevented, particularly when such a small percentage of sex offenses and even smaller percentage of child molestations are brought to the attention of authorities?  Sex offender statistics are notoriously inaccurate, not only because of lack of reporting, but also because of the way the justice system telescopes multiple offenses into one charge, or allows offenders to plead to non-sexual crimes, or captures known sex offenders on something like burglary or possession because they’re easier to prove.

But none of this justifies ignoring the arguments of advocates for these laws, particularly when the “reporting” here consists of little more than selectively edited anecdotes in the first place.

Look at those 12 men and their records.  Not so many years ago, they would be able to act with impunity: now they know they are being watched, and because they are child molesters, this is especially crucial.

Look at their records.  And ask yourself this: what is it about mainstream journalism that sends journalists flying to the sides of men like this, irrationally, even hatefully?  There is nothing reasoned about this reporting: it is romanticized, and it is very, very angry.  Not at sex offenders, but at the rest of us for daring to hold sex offenders accountable for their own behavior, for anything.  It is the journalistic equivalent of a finger in the eye, with no recourse to facts.

If anything became clear this week, with the Polanski case, it is that a certain segment of Americans automatically take the side of child molesters over their victims.  Even the anal rape of a drugged child is not too terrible for them.

~~~

And then, something even more troubling surfaces, when you actually look at the criminal histories of these 12 men.  Probation for molesting a child; six months for molesting a child; one year in jail for rape and aggravated sodomy “reduced to aggravated assault.”  Five years for two counts of child molestation and two counts of cruelty to children?  One year for rape?  Six months for molesting a child?

No, these men should not be living in the woods: they should still be in prison.  What is happening in the courts?  And why is the AJC so blandly, utterly incurious about that?

More Lessons from the Milwaukee Serial Killer Case: Victims’ Lives Aren’t Worth Very Much

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Failure to Protect:

Following the identification of Milwaukee serial killer Walter E. Ellis, Wisconsin officials are acknowledging that at least 12,000 DNA samples that were supposed to be taken from convicted felons and databased are missing from the state registry.

Add to that the 50,000 felon samples acknowledged missing in Illinois, and the hundreds of thousands of other samples from both felons and victim kits that are routinely discovered “stockpiled” or “shelved” or simply gone missing, and what becomes visible is a systematic abandonment of the rights of victims and protection of the public from crime.

So why is there no outcry?  Why are ten, or thirty, or fifty dead women so easy to leave behind?  Sure, we read these stories with prurient interest.  The term “serial killer” piques imagination and inspires Hollywood stories.  But nobody seems to be able to take the next step, to behaving as if injustice to victims matters as much as injustice to anyone else.

For it isn’t just that Ellis’ DNA sample disappeared.  It’s far worse than that.  Ellis convinced another felon to give a sample for him.  On discovering the duplication of samples in the database, the tech simply threw out the one wrongly attributed to Ellis and left his profile blank.  It sounds as if this happened all the time, but nobody did anything about it.  Ellis was released from prison three months before the faked DNA sample was noticed, and his address was known, but authorities did nothing to obtain an accurate sample.

Even with a serial killer operating in Ellis’ neighborhood, and his own prior record, there apparently wasn’t enough curiosity about his effort to conceal his DNA.

Bodies, Bodies Everywhere:

DNA technology has been used in criminal convictions in the United States since 1987, when the first rape case was won using DNA in Orlando, Florida.  Despite the astonishing promise of this technology, it was years before some states even began testing suspects for DNA, and nearly a decade passed before the FBI managed to convince the first few states to begin sharing samples.  At every step of the way, civil liberties organizations have fought implementation of DNA testing, except, of course, in cases where it might be used to exonerate someone.

Georgia recently passed the threshold of solving 1500 cold cases from their database, though “solving” doesn’t necessarily translate into convicting the offenders.  Who’s got the money for all that?  And Georgia, like every other state, still suffers from perennial backlogs and rape kits that go missing.  Meanwhile, murderers like Brian Nichols get stables of silk-stocking lawyers on the public dime.

Little wonder the bodies keep piling up.  In addition to the seven murder victims now tied to Walter E. Ellis, twenty other similar, unsolved murders are being investigated again.  That’s twenty-seven raped and murdered women in Milwaukee whose killers were never caught.  Why?  Lack of resources.  Too many murderers, and not enough cops:

Nick Sandoval, a detective . . . said the homicide unit was understaffed and detectives were often overwhelmed by the number of killings they were investigating. There were 85 homicides that year.  “We were so short-handed,” he said. “Homicides would come in and we would start on one and we never really got our teeth into them to the point that we could do decent follow-up work. We would come in the next morning and, lo and behold, we would have another one. It was like a vicious circle.”

Here is what the cold case investigators in Milwaukee had to comb through:

They sifted through 500 names in case files, 15,000 sexual assault cases spanning 23 years, 6,000 prostitute-related investigations, and 2,000 arrests in the geographic areas where bodies were discovered over a 15-year period.

As I mentioned in this post, Ellis was arrested multiple times.  It isn’t clear why he wasn’t convicted and sentenced to prison after some of those arrests.  How much precious police time and manpower got wasted because prosecutors and judges didn’t follow through?

A Convicted Rapist Working in a Hospital?

Meanwhile, in Los Angeles, there are so many serial killings and serial rapes being re-investigated now that it takes color-coded charts to sort them out.  Investigators searching for the killer of ten young, black women recently stumbled upon a serial killer responsible for another cluster of crimes: the rapes and rape-murders of dozens of elderly white women in the 1970’s and 1980’s.

Like Walter Ellis, John Floyd Thomas managed to avoid giving police a required DNA sample.  Prior to the advent of DNA, Thomas had twice been convicted of rape, sent to prison, and released.  Later changes in the law required him to submit a sample, but he apparently didn’t comply and was not caught.  He was finally identified by a detective who was trying to solve the young women’s murders by rounding up convicted rapists who had avoided the new DNA law.

One chilling aspect of Thomas is his criminal longevity: his first rape conviction came in 1957, and he is now tied through DNA to a 1986 case.  That’s nearly 30 years — or perhaps longer — of raping and killing women.  Why didn’t he get caught?  Well, he did, of course, once in 1957, and again in 1978, but he was released early, so he could continue doing this:

The “Westside Rapist” became one of the more notorious criminals of the era. Victims ranged in age from the 50s to the 90s. Bella Stumbo, the late Times feature writer, wrote in December 1975 that the “serenity” of the neighborhoods where the victims lived “had been so grotesquely invaded by that elusive maniac the police loosely refer to as the ‘Westside rapist,’ now accused of sexually assaulting at l[e]ast 33 old women and murdering perhaps 10 of them.” She said residents lived in “small colonies of terror.”  The attacks appeared to stop in 1978. That year, a witness took down Thomas’ license plate after he raped a woman in Pasadena. He was convicted and sent to state prison.

Five years later, he was out, and the killings started up again.

Thomas was enabled by his family and by a legal system that made it very difficult to keep him locked away for long.  Others also apparently overlooked his criminal record to give him jobs in social work, a hospital, and a state insurance agency.  It is hard to understand how somebody with a prison record for rape could get a job in social work, or in a hospital, where he had access to vulnerable, elderly, immobilized women — his preferred targets.

Thomas was a work acquaintance of activist Earl Ofari-Hutchinson, who wrote this thoughtful article in the wake of Thomas’ capture.

Released Early and Not Monitored

Meanwhile, investigators are asking why Phillip Garrido, who kidnapped Jaycee Lee Dugard when she was 11 and held her captive as a sex slave for 18 years, was released decades early from a federal conviction for another brutal sex crime.

Decades early.  The federal system, at least, is supposed to be strict when it comes to offenders serving time.  Garrido received a 50-year sentence for an horrific kidnapping and sexual assault in 1976.  11 years later, he was released, apparently in violation of federal sentencing rules:

[Q]uestions intensified Monday over how Phillip Garrido could have served only 11 years in prison after a 1976 rape and kidnapping for which he had been given a 50-year federal sentence as well as a life term in Nevada.

Garrido was convicted of kidnapping in federal court for abducting Katherine Callaway in South Lake Tahoe on a November night nearly 33 years ago and driving her — handcuffed and hogtied — to Reno. He then pleaded guilty to a Nevada state rape charge for assaulting her in a storage unit.

Former Assistant U.S. Atty. Leland Lutfy, who prosecuted the kidnapping case, said Monday that he was “amazed” because, at the time, he believed that defendants convicted of federal crimes were required to serve two-thirds of their sentences — in this case, 33 years. That would have kept him safely away from Dugard, who was snatched from her quiet street in 1991.

“It makes no sense to me,” he said in an interview.

The real question Lutfy and others need to be asking is this: how many more Phillip Garridos are out there?

I wonder why anyone bothers to express surprise that an offender with a life sentence walked out of prison after a few years to commit more violent crimes against women and young girls.  It happens every day.  The U.S. Parole Commission, which was responsible for Garridos’ release, is refusing to answer questions:

A spokesman for the U.S. Parole Commission did not return a call for comment about why Garrido was set free in 1988.

Loyola Law professor Laurie Levenson said that barring an extraordinary situation, “there is no way on a 50-year sentence he should have been out.”

Count me not surprised: parole boards are frequently stacked with pro-offender activists who believe themselves to be above the law.  In trial testimony that should have been reviewed by the federal parole board, Garrido admitted to acting on uncontrollable sexual urges for children as young as seven:

Phillip Garrido admitted that starting in 1968 he hung around schools and pleasured himself while “watching young females.”  “I have done it by the side of schools, grammar schools and high schools, in my own car,” Garrido said in court testimony obtained Tuesday by The Daily News.  Asked how old these girls were, Garrido replied, “From 7 to 10.”

Nevertheless, the parole board decided that he should be released after serving one-fifth of his sentence, and he immediately kidnapped Jayce Lee Dugard.  Three years later, when Jayce was 14, she gave birth to the first of the children with which her rapist impregnated her.  Parole officers apparently didn’t notice that the man they were supposed to be watching had a pregnant prepubescent girl living in a shack in his backyard.

That means the parole officers also did not avail themselves of any records regarding his conviction.  Or something even worse — they knew his history but still viewed Garrido as the real victim of a harsh system.  How could they neglect to check the structures in his backyard, when he was on parole for kidnapping a woman and holding her in a storage unit, and neighbors raised questions about the young females in the storage unit in his backyard?  It belies the imagination, yet the media seems strangely incurious about Garrido’s parole officers.  Why?

~~~

This woman, U.C. Berkeley Police Specialist Lisa Campbell, didn’t think Garrido’s behavior was normal when she saw him dragging his “family” around the Berkeley campus.  She started asking questions and ultimately rescued Jayce Lee Dugard and her daughters:

Walter Ellis, John Floyd Thomas, Phillip Garrido: the cops arrest them, and the judges and parole boards let them go.  Not anymore, at least, for these three men.  But how many women and children had to be raped, and killed, in just these three cases, before anybody in the courts could be bothered to respond appropriately, all the times these men could have been put away?

Some Preliminary Observations About Walter Ellis, the Milwaukee Serial Killer

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The Walter Ellis case is still unfolding, but there are already lessons to be learned.

One of those lessons is that police agencies around the country are on the verge of connecting serial rapists and killers to many unsolved crimes, thanks to DNA and re-opening cold cases.  The picture that is emerging of these men will change what we know about serial offenders.

It will also, hopefully, change some assumptions about what goes on in our justice system.  Many people believe that we are too harsh on offenders, that people deserve one or two or five “second chances,” that rehabilitation works, and that minimum mandatory sentencing and “three-strikes” laws are too harsh.

The Walter Ellises of the world pretty much drive a stake into such preconceptions:

AP — MILWAUKEE — Walter Ellis was anything but unknown in his north side neighborhood in Milwaukee — a mix of condemned and run-down houses with some nicer, newer homes.  Even as the bodies of suspected prostitutes began turning up in garbage bins and abandoned buildings near his home, the stocky Ellis had regular — sometimes violent, often friendly — interaction with neighbors and family, and more than a dozen run-ins with police.

If those run-ins were scrutinized, what would they tell us?  How many times did some judge let him walk?  How many times did a prosecutor decided it wasn’t worth sending him away for a few months?

Ellis was not a stranger to law enforcement, with 15 arrests since 1978.

How many times did he get first-offender status?  Time served?  Community counseling?  Simply no prosecution at all?  Would minimum mandatory laws or three-strikes laws have kept him off the streets?

He’s received probation or fines for burglary . . .

Probation for burglary.  Nice.  The DNA database “hit” lists are littered with rapists whose only prior convictions were for burglary, or drugs.  Sometimes rapists were allowed to plead down to burglary when there was a rape but prosecutors didn’t feel the victim would be believed.  Sometimes these men were caught entering or hiding in a house before they committed a planned sexual assault.  For many decades, burglary was a commonly-known get-out-of-jail-fairly-free card for rapists.

So when a judge gives a burglar probation because “burglary isn’t a serious crime,” he or she may very well be letting a sex offender walk free.  All residential burglars should be required to provide DNA samples.  Too bad that didn’t happen before Walter Ellis murdered this woman, in 2007.  Her murder, and others, could have easily been prevented:

Ouithreaun Stokes

[Ellis has] received probation or fines for . . . delivery of a controlled substance and retail theft. He also has faced charges of soliciting prostitutes, battery, robbery and recklessly endangering safety, all of which were later dismissed. He received a 3-year prison sentence for drug possession in 1981.

When you see a drug possession conviction, think about this: often offenders will agree to plead to drug offenses if other charges are dropped.  Often, the drug charge is the one most easily proved, even though the offender is known to be responsible for other crimes.  So when people claim that we live in a prison state because “X% of offenders are in prison for non-violent drug charges,” realize that a substantial percentage of these people committed other crimes.  They just weren’t prosecuted for them.

It was in 1988 that [Walter Ellis] pleaded no contest to second-degree reckless injury. According to the criminal complaint, he hit his ex-girlfriend in the head several times with a claw hammer, causing her to get 30 staples and more than 22 stitches. The complaint said the woman woke and found him standing over her, smelling of alcohol and accusing her of cheating. She got out of bed, they struggled, and he hit her with the hammer, it said.

It looks like the AP got it wrong: it was 1998, not 1988.  Attempted murder with severe physical injury.  Good thing it was just a domestic, or else he might have gotten life in prison, you know?  Ah, the magic of plea bargaining: attempted murder – domestic violence = second degree reckless injury = five years.

Police have said Ellis’ DNA matches that found on nine women ages 16 to 41 who were killed in a three-square-mile area from 1986 to 2007.

Wow.  Too bad nobody in the courts took that claw-hammer-to-the-brain-thing very seriously.

Here is an excellent blog-post tracing Ellis’ crimes and incarcerations.  The blogger, Kathee Baird, gets the offense dates right, unlike the AP.  She observes:

Online court records show Ellis has been busted at least twelve times for crimes against people as well as property crimes and that he once lived near the area where many of the homicides occurred.  It appears that every time that Ellis was incarcerated the strangulation killings on the north side subsided. Between 1987 and 1994 there were no homicides that fit the North Side Stranglers m.o. . . .

Back to the AP:

Ellis, sentenced to prison, was supposed to have DNA taken before he was released in 2001 under a state law that mandated taking samples from people convicted of a felony.  The state Department of Corrections said it did take the sample, but the state Justice Department said it has no records showing they ever got it. On Wednesday, legislators demanded to know why the DNA sample never made it to crime analysts. If it had, police say, the case might have been solved before the last of the slayings occurred in 2007.

Our justice system is criminally lenient.  We have a pathological contempt for rape victims: we still utterly lack the public will to put rapists away.  What, you say?  This must be an isolated case?

50,000 Felons Released Without Submitting DNA

CHICAGO – About 50,000 felons have been released from Illinois prisons and county probation systems without submitting DNA samples.  Under Illinois law, every felon sentenced on or after Aug. 22, 2002, must provide DNA. The samples are stored in databases that can be used to link suspects to other cases.  A spokeswoman for the Illinois Department of Corrections says nearly 10,000 felons were released from state prisons without providing DNA. And Attorney General Lisa Madigan‘s office estimates county probation departments didn’t get samples from 40,000 additional felons due to delays in implementing the law.  DuPage County State’s Attorney Joseph Birkett helped push for collecting DNA from felons. And he says the failure to get samples from all felons means “serial murderers and rapists have probably remained on the loose.”

Back to Milwaukee:

In 2006, Ellis pleaded guilty in a hit-and-run involving Carolyn S. Prophet, 57, of Milwaukee. Prophet, who is disabled and has problems walking, said Ellis hit her car repeatedly and then swore and threatened her.  “The man is a psycho,” she said. “He kept ramming me.”  Bystanders stepped in when he got out of the car, she said. Ellis told them he was going to call police at a pay phone but never returned. She said the police who investigated the crash told her they knew Ellis from prior run-ins.

And then what happened?  Did anything happen?  Didn’t his other violent crimes lead to a long prison sentence?  Didn’t his 12 crimes against persons matter?  Doesn’t ramming a disabled, elderly person with a car count for anything?

The following comments by Ellis’ neighbor are chilling.  The woman says that Ellis is a good guy and yet that he is unpredictably violent and dangerous.  She doesn’t blame him for any of this, or even for threatening her repeatedly: she blames other people for “not helping him.”  This is what happens when people convince themselves that prior criminal acts should be overlooked, and the courts reflect that belief:

[Ellis’] neighbor[] said that as a child she tried to avoid walking past Ellis’ house — “He would come and just hit you out of nowhere,” she said.  But Jordan said Ellis seemed to have changed when she saw him about a year ago at a birthday party. She described him as pleasant and intelligent. She said she was shocked to hear of his arrest, but wishes someone would have helped Ellis early in his life.  “When I look back at it, all the indicators were there,” she said. “That behavior, the violent nature in him was already embedded.”

Maybe something will be learned this time.  Maybe nothing at all.

Crime Denial at the New York Times: An Update

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Yesterday, while writing about the Times‘ willful misrepresentation of a child sexual assault conviction, I noted:

[W]hen I see an offender with a record of one or three instances of “inappropriate touching,” I suspect that’s the tip of the iceberg.  I suspect the conviction is the result of a plea bargain agreed to just to get the sick bastard away from the child and onto a registry, which is the most victims can reasonably hope for in the courts these days . . .

Well, it didn’t take long to illustrate that point.  From the Cincinnati Enquirer:

Convicted Rapist Sentenced to Life — Again

Barry Daniels was supposed to spend the rest of his life in prison when he was convicted in 1978 of raping a child.

Instead, he served 19 years and was released, returning to Cincinnati where he worked for more than a decade as a maintenance man.

On Tuesday, Daniels was back in court, to be sentenced after he was convicted of raping another child, a 9-year-old girl last September.

Prosecutors had offered Daniels a plea offer of — you guessed it — sexual touching.  Just like this guy, whose fib about his own crimes was credulously reported as fact in the New York Times:

Patrick Wiese, 48 . . . said he served time in prison after having his stepdaughter touch him inappropriately. . .

Unfortunately for the nine-year-old victim in Cincinnati, Barry Daniels refused the plea offered to him, and the child was forced to testify against her rapist.  Fortunately, the jury believed her and sent Daniels to prison for life — again.  Hopefully this time it will stick:

The girl testified during the trial and, despite the stress and embarrassment, proved to be a star witness.

Before the jury was seated, prosecutors [had] offered Daniels a plea offer – to try to prevent the child victim from having to testify – that would have resulted in him pleading guilty of sexually touching the child and being imprisoned for a maximum of five years.

Note that Daniels was offered a sentence that would have put him back on the streets in five years or less.  Prosecutors were willing to essentially “disappear” the rape of a child to get him back into the system, to spare the child more trauma, and, doubtlessly, to avoid incurring the costs of a trial.  Such are the economics of justice these days: a child rapist who rapes another child after being released early is offered a slap on the wrist.

Chillingly, Daniels was willing to take his chances.  And why not?  It’s practically impossible to seat a jury these days in which there is not at least one knucklehead who imagines he is playing Atticus Finch, or re-playing 12 Angry Men, or who just believes that there is never any way to know that anybody is actually guilty beyond a reasonable doubt of anything.

The Daniels jurors did none of these things, bless them.  But if I was guilty of raping a nine-year old child, I’d still take my chances with a jury.  And when you see news articles bemoaning society’s cruel treatment of “men who did nothing more than sexually touch a child,” remember to ask yourself what they really did.   

An Important Law Georgia Still Does Not Have: Arrestee DNA Databasing

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Back in the 1990’s, Georgia Lt. Governor Mark Taylor made it a priority to build the state’s DNA crime database.  He did this long before other states got on board, and for many years Georgia was rightly viewed as a leader in using DNA to solve violent crimes.  Taylor was driven by his strong commitment to victims of rape and child molestation who had been denied justice.  He did not heed the civil rights and convict rights lobbies who tried to stir up hysteria over using DNA to solve crimes (ironically, these same activists are howling over the Supreme Court’s utterly reasonable decision last week not to enshrine post-conviction DNA as a blanket, federal right, when 46 states already guarantee it, as even Barry Scheck admits: don’t believe virtually anything you read about this case on the editorial pages).

Taylor’s leadership on DNA databasing yielded an extraordinary number of database “hits” long before other states got their databases up and running.  In 1998, only convicted and incarcerated sex offenders were required to submit DNA samples in Georgia, yet 13 repeat-offender rapists were immediately linked to other sexual assaults, and scores of “unidentified offender” profiles were readied to be used if those offenders were finally caught and tested.

The convicted-and-imprisoned-sex-offenders-only database also revealed a chilling reality: many of the prolific rapists whose DNA matched other sex assaults had only ever been convicted of non-sex crimes such as drug crimes, burglary, and robbery.

Any prosecutor of a certain age will tell you that, before DNA evidence, it was so difficult to prosecute rapists that prosecutors often made the choice to allow rapists to plead to non-sex offenses such as burglary just to (temporarily) get them off the streets.  This strategy was directed at serial, stranger sex offenders who were known to the cops but managed to avoid conviction because the public was so resistant to finding anyone guilty of rape.  Taylor’s database made this injustice to victims visible.

Unfortunately, the types of injustice (to victims) and justice (against offenders) the database revealed was of little interest to the media.

Nevertheless, for several years, Georgia’s DNA database quietly withstood efforts by “civil rights” activists to shut it down.  In 2000, the legislature expanded DNA testing to all incarcerated felons: 70 crimes were immediately solved, including serial rapes committed by convicts who had no prior rape convictions.

In 2007, the legislature expanded the database again, adding felony probationers — that weird category, the existence of which should splash some cold water on heartfelt feelings that we are far too harsh in sentencing and imprisoning criminals.  In the real world, even violent felons still routinely walk away with nothing more than probation for their crimes.

As of a year ago, thanks to the expansion of the database, 12 of these “felony probationers” were linked to serious crimes through DNA.  That’s 12 fewer violent offenders on the streets.

Still, no paper.  Few headlines.  Fewer editorials.  And, eventually, Georgia began to fall behind other states in DNA databasing.

As I write this, Florida Governor Charlie Crist has briefly emerged from his offender-kumbaya-fervor to sign a bill requiring all people arrested for felonies to submit DNA samples for analysis — just like they submit photographs and fingerprints.  Florida now joins 20 other states that are using DNA to investigate and solve crimes (Denver D.A. Mitchell R. Morrissey has a good website explaining the use of DNA in the courts).

But Georgia still languishes on the list of states that do not require DNA samples to be drawn upon arrest for a felony.  Here is a chart comparing state laws from the DNA Resource Report.

In 2008, the Georgia Legislature did pass Senate Bill 430, which started out as a felony arrestee DNA database bill but got watered down through the legislative process.  It emerged as little more than a statement affirming that prosecutors may ask the GBI to check a suspect’s DNA sample against the existing database so long as “the sample was obtained through a search warrant, consent of the suspect, court order, or other lawful means.”  Then it concludes: “The bureau [GBI] shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction.”

In other words, a bill that started out attempting to add felony arrestees to the state database morphed into a bill specifically restricting arrestee DNA from being added to the state database.  I’d like to know the story behind this watering-down, particularly as it occurred at the same time when other states were successfully expanding their DNA databases to include felony arrestee samples under certain conditions.

Why did Georgia fold?  Is there another bill in the works?

If you still aren’t convinced that arrestee DNA databasing is an urgent need, take a look at the website for DNA Saves, the organization Dave and Jayann Sepich started after their daughter Katie was raped, strangled and set on fire in New Mexico in 2003.  Her offender was arrested and convicted of several other crimes, but his DNA had never been databased, so her murder went unsolved and he went free to continue attacking women for three years after Katie’s death.

How many victims of murder and rape in Georgia would have been protected by such a law?

Meanwhile, here is a statement from FDLE commissioner Gerald Bailey to the St. Petersburg Times correcting some of its inaccurate and fear-mongering press on the issue of arrestee DNA:

A valuable tool in fighting crime

Your editorial regarding the new Florida Department of Law Enforcement DNA database legislation failed to provide the public with a full picture.

This initiative, once funded, will expand Florida’s DNA database to include samples from persons arrested for felonies. The process is no different from the way Florida already stores and handles fingerprints from arrests. Like the current law on fingerprints, the DNA legislation has provisions for removal of the file when a person arrested for a felony meets certain requirements.

The database in its current form has been a great investment for our citizens; every month it generates an astounding 230 hits. These hits match an unknown DNA sample left at a crime scene to a known felon whose DNA is already on file, or links two or more unsolved crimes. It’s an invaluable investigative tool.

Including felony arrests means more samples in the DNA database and more crimes solved. It also means crimes will be solved faster and, most important, crimes will be prevented. Taking DNA at the first felony arrest ensures that DNA is taken from those offenders who evade felony conviction time and time again. It ensures that DNA from the first felony will be matched to that offender’s next crime, halting further victimization and saving lives.

Florida becomes the 21st state to take samples from felony arrestees. There is no other tool that can prevent violent crimes as efficiently and effectively as this. The Legislature got it right. Our citizens expect this level of protection. I think they deserve it.

Gerald Bailey, commissioner, Florida Department of Law Enforcement, Tallahassee

I certainly deserved it: too bad it wasn’t there to help me in Florida when I needed it.  Worse, too bad it still doesn’t exist to protect victims in Georgia.

A Fall From A Tree, And Then Rape

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Michael Ledford’s attorneys want the jury to believe that Ledford is not responsible for murder and rape — is not responsible for any of the rapes he committed — because he once fell out of a tree.

If they believe that he is utterly incapable of controlling himself, and that he must rape and kill, then where were they when he was released from prison?  Why didn’t these experts — or rather their peers, somebody from the cohort of prison psychiatrists — make the case that Ledford should have been committed to an institution upon release from prison?  For surely he has not fallen out of another tree since his release: he has not changed.  If he was that dangerous and that crazy a few years ago, why did nobody do anything then?

They did nothing, the prison psychiatrists, the parole officers, the lawyers, because they do not believe in incarceration.  They did nothing, the forensic psychiatrists, because too many of them view their role as freeing people from prison, not keeping them there.

The only time these people hoist themselves out of their own self-righteous fogs of misplaced empathy and acknowledge that their “clientele” are, indeed, dangerous and prone to rape and kill again, is after one of them has been caught raping and killing and thus faces the chair.

Then they admit what they have know all along: the people they force on the rest of us, through a catalog of defense tricks, including the mess they’ve made of determining culpability at sentencing — are very, very dangerous.

I admit I have a difficult time writing about this.  Maybe tomorrow I’ll calm down.  It reminds me too much of the psychiatric passes given to my own rapist, a violent, terrifying, serial predator who, I was told, got time knocked off one sentence for being mentally slow, then somehow miraculously stopped being slow in prison and obtained — of all things — a “psychology degree,” which got more time knocked off his sentence.  Many are the hands that contributed to that release.

Which enabled him to go back to sexually torturing elderly women all the sooner, and if there was any real content to his prison “degree” (which I doubt), it merely provided him with pointers for busking up the horror-show.  Frankly, I didn’t find him slow at all.  I found him methodical and very good at his craft.  I found him impulsive — and details of his prior record bore this out — but also perfectly capable of exercising control.  Crazy?  Sure.  As crazy as he wanted to be.

Then again, I don’t have one of those psychology degrees.

So it is difficult for me to watch a spectacle like the Ledford sentencing without wishing to track down the cawling idiot — a graduate student or a professor, no doubt, in need of a beard trim and some source of self-esteem not connected to identifying with society’s predators — who got all titillated trotting over to the prison and pretending to teach my rapist “psychology,” so he could get out of prison early.

This leaves me wondering what pointers Ledford picked up on his own journey through the system.  What did he learn to say, to position himself as a victim in the eyes of the parole officers and psychiatrists and defense lawyers who helped him minimize his last sentence and avoid re-incarceration while he violated parole repeatedly, all the while gaining confidence that no consequence would accrue because no consequence did accrue.

And then he killed Jennifer Ewing.

The “Benjy Brigade”, Part 1: Boston’s Finest Mount an Attack on an Elderly Victim of Rape

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The theme this week is punitive attitudes towards victims of crime. At the most primal level, the mere existence of victims threatens to spoil all the fun that can be had as you lift your glass from the tray, turn to Professor Ponytail (who could dress better at these things), and say: “When I was mentoring at the federal pen last weekend I met the most inspirational young author — wrongly convicted, of course — we must do something about getting his poetry published. We must!”

Oh, the headiness. That Seventies Susan Sarandon vibe, edgy alchemy of righteousness and rebellion — what a shame if it were all interrupted by flashing on the pensioner in her wheelchair in ugly tan compression stockings, rope scars on her wrists from where the young poet had bound her so tightly the paramedics had to peel the phone cord out from under layers of swollen skin.

No, that will not do. Better not to think about it.

Better still, picture the pensioner as a malevolent hag, somebody deserving of the torture she got (for there is no way to stretch the truth around the fact that she got it) — a racist, of course, accusing the ethereal and handsome young poet out of pure malice.

This is what the city leaders of Boston did throughout the 1990’s to the victim of Benjamin LaGuer, a sadistic rapist who become the toast of the city’s elite, from Boston University President John Silber, to noted pseudo-intellectual Noam Chomsky, to now-governor Deval Patrick, and, sadly, human rights activist Elie Weisel, as well as scores of law professors, judges, lawyers, journalists (including Barbara Walters), celebrities, and authors.

Although the victim identified LaGuer, her neighbor, as the attacker, and other evidence linked him to the crime, Boston’s elite was quick to rush to judgment of the victim after the rapist reached out to them. The story that the victim was a racist and that LaGuer was framed “without evidence” became the only story that mattered in the pages of the Boston Globe, the classrooms of Harvard Law School, and the courtrooms of the Massachusetts appeals courts, where supporters of LaGuer, who adolescently named themselves the “Benjy Brigade,” wielded their considerable social power to push for his release.

LaGuer was showered with literary prizes and honorary degrees, including a magna cum laude degree from Boston University and a PEN award for his barely-literate “memoir,” A Man Who Loves His Mother Loves Women. He became pen pals with dozens of journalists and authors. Although, in reality, LaGuer is no writer, his supporters spoke volubly of his literary talents and personal presence. “My masculinity was like Jimi Hendrix’s guitar on acid,” LaGuer said of himself. John Silber said that LaGuer was “a highly talented young writer who can express himself with remarkable ability.”

LaGuer also said, repeatedly, that he was a victim of prejudice on the part of the rape victim and even suggested that she had not actually been raped. His followers lapped it up.

Only a few spoke for the victim. Dean Mazzarella, a rookie cop at the time of the rape who went on to become the mayor of Leominster, Mass., was the officer who found the woman in her apartment. “The thing I’ll never forget is the smell,” he said years later, “[t]here’s still nothing I’ve come in contact with that’s been that bad.” The rape lasted eight hours: LaGuer broke bones in his victim’s face and left her, naked and bound, to die on her apartment floor. She nearly did die in the hospital, from a heart attack brought on by the assault.

None of this, however, fit the story the Benjy Brigade longed to see fulfilled. Consciously or unconsciously, journalists supporting LaGuer excised the story of the rape and prosecution evidence and details about the victim from their extensive, years-long coverage of LaGuer’s appeals. The Boston Globe went so far as to report that the victim had died not long after the attack, though she was still alive sixteen years later. This wishful thinking, amounting to an excruciating desire that nothing interrupt the rescue fantasy being painted by LaGuer and his supporters, would verge on funny, if it were not horrifying.

The victim’s life story was also distorted by the press. Reporters, reprinting defense arguments as fact, claimed that the woman was both too mentally unstable and physically incapable to identify a suspect after the attack. Family members disputed these allegations, but over the years their statements were rarely included in the long feature stories that focused on LaGuer’s celebrity supporters and legal battles.

The victim’s military service during World War II and her career as a nurse were never mentioned in print: in contrast, LaGuer’s military service was approvingly cited, though his brief stint in the army actually ended when he was caught selling drugs.

Even the wounds inflicted on the victim by LaGuer were used against her. Returning to the case files years later, reporters cherry-picked details in an effort to strengthen LaGuer’s claims. The victim was merely “white,” or “a schizophrenic,” or “a diagnosed schizophrenic who was heavily medicated for pain when she identified LaGuer in a photo line-up.” Few articles failed to mention her race, implying that she made a questionable cross-racial identification from her hospital bed. Most failed to mention that she knew LaGuer because he was the son of her next-door neighbor and no stranger to her.

The fantasies of rescuing LaGuer from his evil captors, especially the recently deceased victim, and the undercurrent of rage directed at her took on a life of their own, mounting to a crescendo in 2001 when Dr. Edward T. Blake, a colleague of Barry Scheck’s, announced that advances in DNA testing had evolved to the point that the small sperm samples taken from the victim’s body could now be identified. John Silber led those preparing for the celebration of LaGuer’s presumed immanent release, but he also said that LaGuer should be released even in the case that he was found guilty. “He has been rehabilitated to any degree that rehabilitation can be measured,” a fawning Silber told the fawning press.

Tomorrow: Journalists Identify the Real Victim: Themselves