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Case Update: Frederick Lee Gude’s three murders

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

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

Frederick Gude: Three-Time Killer

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

Thomas West: Not Atticus Finch

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Murder by Leniency? Another Reason We Need To Stop Treating Domestic Violence Like Domestic Violence

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There once was a time when feminist activists tried to make the courts respond to domestic violence the way they respond to violence between strangers.  This was a very good impulse, both morally and rationally, and also in terms of making our justice system operate equitably (in the “equal,” not “social justice” sense of the term “equitable”).

You shouldn’t serve less time for stabbing someone just because she is your wife or was once your wife.  Or your husband.

The law shouldn’t make exceptions for people based on their identities.  Criminal acts should be the only factor determining punishment.  Of course, there is manslaughter and there is murder; crimes of passion and random violence; there are many factors to be considered when two people live together and the relationship is a violent one.  But the goal of making the criminal act, not the relationship, the deciding factor for the punishment is and always has been a good goal.

Those early domestic violence advocates were dealing with a judicial system that did, until surprisingly recently, make it exceedingly difficult to put violent offenders behind bars if the targets of their violence were their own family members.  Things are better now.  They aren’t perfect.  They’re more equal.  The overall path has been towards equality.  And as I write this, I know I will hear from people who feel they were given a raw deal because they are men and the feminists have taken over the courts, so let me say this up front: I happen to advocate for radical equality, not special treatment of anyone, unless they are children, for obvious reasons.  I’m also very suspicious of feminist legal ventures that attempt to excuse murders by women who claim they were suffering from battered woman syndrome and are therefore not responsible for their actions.  If self defense is the defense, so be it.  But there are plenty of women who belong in prison, or deserve to stay there, as much as any other murderer, despite the fact that their victim once battered them.

Having worked with the domestic violence movement, I know enough about the dynamics of the crime to know that men are not infrequently victims too.  That’s actually more reason for us to pursue every domestic violence case objectively and with little consideration for the voluntary relationship involved, except insomuch as the technical elements of that relationship can be considered evidence of a crime.

I’ve been thinking a lot about the differences between the legal reforms of the 1970′s that demanded equal treatment for blacks, or women, or gays, versus the special rights movements that subsumed these earlier efforts.  For a brief window of time, equality was the ambition, and a lot of good came of that.  Those healthy legal efforts led to new sex crime laws, for example, that punished the offender based on his behavior, not on the victim’s identity.  They opened the door for prosecutions of men who raped men and the prosecution of female rapists — virtually all of whom target children.  They enabled battered women to see their violent husbands serve time for beating them, and visa versa.

But then the emphasis shifted to special rights, special protections, affirmative action justice and identity-based law enforcement.  The politicization of crime is spinning wildly out of control these days — illegal immigrants are given special leniency when they can’t produce a driver’s license in Los Angeles, for example; the hate crimes industry is a bottomless pit of prejudicial law enforcement; affirmative action poisons every aspect of employment law and equal rights; federal meddling casually threatens police with career-destroying racial charges for simply trying to do their jobs.   The sheer notion of equality before the law is deemed risible by the “best” legal minds.

Equality isn’t the goal anymore.

We need to get back to that moment when it was the goal.  Because in addition to being the right thing to do, equality worked a hell of a lot better than the alternative.  Inequality of any type, I’ve come to believe, is the handmaiden of leniency.  When any crime is politicized, the courts lose the moral authority they need to maintain every law.

I thought of this when I saw the following headline in the Atlanta Journal Constitution today:

Slain woman predicted her own death

Donna Kristofak was terrified and letting the court know it. John S. Kristofak, who was her husband for 19 years, had been arrested six months earlier as he chased her in a Wal-Mart parking lot. In his car were a butcher’s knife and what police called “a suicide note.”

During a court hearing Oct. 12, Mrs. Kristofak begged a Cobb County judge not to release him from jail. “I fear for my life,” she told Superior Court Judge Adele Grubbs, telling the judge that a court-issued order of protection would not stop her crazed ex-spouse.

Early Thursday, fugitive squads arrested Kristofak, 58, after a short struggle at a Motel 6 in Union City, ending a publicized five-day manhunt. He was charged with doing exactly what he’d promised earlier this year: murder.

I have a lot of questions about this case.  What the hell was this man doing out of prison for time served, seven months after trying to kidnap and plotting (with evidence) to murder his ex-wife last March?  Why wasn’t he prosecuted for attempted kidnapping and given a real sentence?  Why wasn’t he given a sentence enhancement for repeatedly violating the restraining order in place against him before the March incident?  What happened to the mandatory minimum of 10 years without parole for kidnapping in Georgia?  Was a protective order used in lieu of prosecuting him for kidnapping?

Why does anybody get time served and probation for attempting to kidnap, with the written intent to kill, anyone?  Ex-wife or no ex-wife?

The judge in this case has more explaining to do, as does the prosecutor and the defense attorney and everyone else involved in what may be an illegal plea deal that left an unsurprised woman unsurprisingly dead.  I’m not saying that any of them treated John Kristofak with special leniency because his target was his ex-wife, but why was he released from prison with such a paltry sentence when he had just set out to kill someone, threatened her repeatedly, stalked her, and then tried to kidnap her from a public place?

Kristofak remained in jail until October, when he cut a plea deal with the court that would sentence him to seven months in jail and have him serve the rest of the 5-year term on probation.

According to the transcript of the guilty plea Oct. 12, Donna Kristofak told the judge: “I definitely want a permanent order of no contact. May I also say that a protective order existed the night of the arrest and I do not feel that will necessarily bring safety.”

Judge Grubbs: “I understand that. It’s a little different with a TPO and filing a protective order. … If he violates the order in this case he gets picked up by the probation violation and put in jail immediately.”

Mrs. Kristofak: “Yes, your honor, I respect that and thank you for that. My fear is that I may not survive that …”

“I understand,” the judge said, cutting in.

“… I fear for my life,” Mrs. Kristofak continued.

“I can’t tell you with 100 percent, I’d be lying to you and I am sorry you are in that position,” said the judge, sounding sympathetic. “But whatever I do, you can go out and, you’ve got that risk but you will have that … copy of the protective order so the minute you get nervous about anything you call the police. … It’s as close as we can get to 100 percent.”

“Thank you, your honor,” Mrs. Kristofak said. “May I ask, your honor, that it is on the record that I fear for my life?”

“It is on the record,” said Judge Grubbs . . .

On December 22, John Kristofak killed Donna Kristofak in the garage of her home.

Keeping Kristofak in prison would have been 100%.  Apparently, the restraining order was a giant zero.

If Kristofak was treated with special leniency in the March crime because his victim was his wife, something needs to be done about that.

If Kristofak was treated with run-or-the-mill leniency for no special reason, something needs to be done about that, too.

 read the article here

Soros-Funded Atlanta Independent Media Center Cheers Attempted Cop Assassination, Encourages More Murders of Cops

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This is so sick, I’m just going to publish it before it disappears from the web.  Cameron Maddox tried to assassinate a cop in Atlanta, and Indymedia celebrated his effort and encouraged others to kill cops:

Atlanta Independent Media Center is part of Indymedia, funded by George Soros:

Squeezing Slowly: Atlanta Police Officer Shot in Little Five Points

Submitted by Anonymous on Sun, 03/25/2012 – 1:40am

By now everyone’s heard: 19 year-old Cameron Maddox was arrested for shooting Officer Dexter Toomer in the legs last Friday night. Undoubtedly, the shooter intended to kill. His aim was off, but his target was just right.

Maddox explains that he was frustrated by the police who arrested a friend earlier that day. Some of us are inspired by his ambition.Rather then taking the time to track down the arresting officer, Maddox decided to kill the next officer he saw. As that saying goes: All Cops Are Bastards. Without delay, he perched eagerly across the street from the restaurant, Zesto’s, where police are known to hang out.
BLAM BLAM BLAM BLAM BLAM BLAM BLAM!
7 shots. But only 1 connects and it’s in the legs.

Frantically, Maddox runs through the kitchen of the cafe he is staged on top of and tosses the gun inside a shirt at one of the cooks. Fingerprints sell him out and he is arrested a day later.

It is unclear what will happen to him beyond this but it is clear that the police are losing their grip on the streets of Atlanta.

Marches end with shattered glass and spray-paint, even casual walks leave heavily trafficked streets barricaded with dumpsters and broken glass bottles. Joe Stafford, Dwight Person, Ariston Waiters, Dawntrae Williams…so many more. We can never forget those who fell victim to the wild spray of police bullets, no doubt. But isn’t it also the case that every single moment is bottled by the prying eyes of the pigs? Atlanta has an extremely expansive surveillance system spanning across the entire downtown area…but nothing can stop the rage of those who just got woke the fuck up.

While anarchists and other anticapitalists have done their part to enact their passions against the police in an unmediated way, it always seems to be the “normal citizens” (the Blooms, if you will) who snap in the most violent expression of dissatisfaction and hopelessness.

Perhaps we should not be in a habit of “politicizing” crimes that wish only to be expressions of raw emotion, but Maddox has clearly expressed his hatred of the police through his actions and his words.

Although we will probably never meet him, we hope to see his courage inspire people everywhere (but not his recklessness – wear gloves, kids!)

It is never too late to realize your desires, whatever they are.

Be careful, but stay wild.

Anarchy!

~~~

Hatred of police, encouraged by groups like East Atlanta Copwatch, the Occupy Movement, and a hundred other organizations funded by George Soros, is bearing fruit.  Did Cameron Maddox take part in any of the Atlanta trainings by activists who teach people how to harass cops?

Officer Toomer was shot by an assailant who was hiding on a nearby rooftop, hunting cops.  He sustained “only” a bullet to the leg, but where is the outrage, and why is Maddox only charged with aggravated assault, instead of attempted murder of a police officer?

Officer Dexter Toomer

The shooter’s name is Cameron Maddox.  Let me know if you know anything about him:

Cameron Christian Maddox

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.

 

War on Cops: “Occupy” Edition

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All around the country, the media is working overtime to avoid reporting incidents of ‘police brutality’ at Occupy protests– brutality against police, that is — along with other not-so-peaceful-and-pretty behavior perpetrated by the “Occupy” activists.

For example, in Atlanta, the major news stations, the daily paper, and the weekly rag managed to collectively not notice when protestors blocked the entrance to a hospital emergency room in a coordinated attempt to storm the hospital.  Nope, not one member of the fourth estate bothered to rouse themselves from end-of-week brewskies at the local reporter’s watering hole to wander a few city blocks to the near-riot that blocked a fire truck and ambulance from reaching the emergency room doors.

My colleague Mary Grabar, who found herself trapped while covering the crowd, wrote about the scary near-riot in Pajamas Media. Amy Wenk, editor for an online neighborhood paper called Patch covered it here.  I guess you could call Grabar and Wenk members of the “alternative media,” but that begs the question: alternative to what?

They were the only media there.

Protesting the Right of Heart Attack Victims to Seek Rapid Medical Response (photo credit Amy Wenk)

Meanwhile, what was the Atlanta Journal Constitution saying about the protestors?  They were urging their readers not to dismiss them as “Just a Bunch of Hippies Playing Bongos.”

In case all those obtuse suburbanites (aka the only people left who buy newspapers) missed the crucial distinction the AJC was trying to make, they ran the following photograph under the following headline (I am not making this up):

Occupy Atlanta | ‘It’s not just a bunch of hippies playing bongos’

Right.  She’s not playing a bongo at all.

By the way, her name is Shaee and she’s been to lots of Occupy protests but likes Atlanta’s best so far.

She ended up on the streets after not being able to find work with her degree in actuarial accounting.

Now I’m kidding.

~~~~

Now I’m serious again. Who do these reporters think they are, pretending a near riot at a hospital where police were swarmed and threatened and emergency personnel couldn’t get an ambulance through isn’t news?  Are they really that collectively invested in gildedly re-living their glory days fighting the Man?  Yeah, the protestors aren’t all hippies playing bongos, or bongo-less hippies hopping from one cool protest site to another: some of them are belligerent creeps physically assaulting cops while trying to terrify sick people in emergency rooms.

Why isn’t that newsworthy?  If any one of those police officers pushed back against middle-finger man and he fell and skinned his knee, half the editorial board at the Atlanta Journal Constitution would pee themselves with outrage.

And isn’t that the point?  The Atlanta Occupy movement, like Occupy groups around the country, are relying on selective reporting like this to conceal their real intentions.  Atlanta Occupy and protestors in other states have announced events at the protest sites where they will be training people to incite and escalate confrontations with police.  They’re calling these “workshops on the history of police brutality” and discussions to decide whether police are “working class or working class traitors.”  Gee, what do you think the answer will be?  Inflaming hatred of police is a major part of the movement’s strategy, and at one of these protests, it’s going to end in tragedy.  But I guess that’s not news, either.

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It’s time for the public and elected officials to vocalize some support for the police, who are being abused daily by the protestors. Could you handle even one day of a job like that?  Here’s something I wrote trying to imagine the life of a policeman during the last L.A. Lakers’ “uprising.”  It certainly applies here:

Imagine the crappiest job in the world:

You put on your Men’s Warehouse suit and drive to the office, dreading the inevitable outcome of the day.  Settling into your cubicle, you arrange the day’s work on the chipped laminate desk: a billy club, mace, and a copy of the quarterly budget figures for your division, awaiting approval from above.  In the next cubicle, Joey H. is already rocking back and forth in his mesh swivel knockoff, working the screws on one of the padded armrests.

The word comes from headquarters right before lunch: the budget numbers are good.

Joey lets out a guttural shriek, rips the loosened arm off his chair and kicks the front wall off his cubicle, still howling.  You grab the mace and billyclub and follow him as he tears a path of destruction to the break room, carefully avoiding getting too close, shouting at him to step down.

Joey ignores you and smacks out a fluorescent light fixture with his arm-rest, sending bits of glass and toxic powder all over accounting.  Then he pulls a wad of gasoline-soaked newspaper out of his pocket, lights it with a lighter, and throws the flaming mass in the paper recycling bin by the door.

Mike D. wearily rises from his desk, shouldering his fire extinguisher, and heads for the blaze.

You follow Joey into the break room.  He’s already used a folding chair to demolish the front of the snack machine, filling his pockets with KitKats while chanting “We’re Number One.”  You notice he’s been working out.

“Put the Kit Kats down, Joey,” you say.

“F*** You, Pig-Man,” he screams, winging a full Red Bull can at your face.  Luckily, you thought to wear your plexi face shield to work today.  Now that you’ve cornered him, Joey head-buts your belly.  That hurts.  You smack him a few times with the billy-club, always aware that the altercation is being recorded on security cameras for later review.  Finally, you manage to subdue him with the help of Kathy P., the new associate from sales.  She’s brought her handcuffs, and Joey’s taken off to the bathroom to wash up and get ready for Personnel to review the security tapes.

Later that day, the verdict comes back from Human Resources.  While you should have tried to stop Joey before he broke the front of the snack machine, you’re not going to get docked pay for using excessive force subduing him, like last quarter.  Kathy P. however, is going to have to go before the panel and explain why she bruised Joey H.’s wrist while snapping the handcuffs on.

Joey H. gets assigned five hours of community service, which immediately gets suspended, as HR is testing a new program which will use positive messaging and self-esteem training to encourage him to stop setting the office on fire.  (Nancy W., still recovering from those lycra burns from the spring quarter numbers, stifles a bitter laugh).  Joey takes the rest of the afternoon off to meet his new esteem coach at the Starbucks.  The rest of the staff gets down to sweeping up broken glass and trying to scrub the scorch marks off the walls while running the numbers on the cost of replacing the carpet.

All except Kathy P., who is hiding in the bathroom to avoid those a-holes from PR who want to snap her picture and use it to illustrate a story they’re writing about the proper way to subdue a co-worker.  You settle into your smoke-fill cubicle and tug your rumpled necktie, wishing you could take it off as you start in on the stack of paperwork explaining your actions.

It’s going to be a long night.  There’s no way you’re going to catch that Lakers game.

That job would really suck.

It’s called “policing.”

Deputy Chief of Police (Ret.) Lou Arcangeli on the Troy Davis Case

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Lou Arcangeli is the rare cop (he’s retired now) who’s earned kudos from people both sides of the political aisle.  Atlanta journalist John Sugg calls him a “cop’s cop” in this 2003 profile.

Lou Arcangeli

Lou weighed in on the Troy Davis case today: the editorial ran in the Savannah Morning News (http://savannahnow.com/column/2011-09-22/arcangeli-no-injustice-davis-case#.Tntcz831aqm).  He writes:

I wish that [Troy] Davis’ supporters had met Davis years earlier and worked as hard to connect with and help the troubled young man before he started carrying guns and killed a policeman. I think they enjoy the camaraderie of their tweeting and demonstrations much more than the work and commitment it would take to make a safer society.

I second that.  The more years I spent in Atlanta, the more I despaired of helping kids emerge from bad environments unscathed . . . and the less I trusted the loud “social justice” activists who preferred the easy self-aggrandizement of valorizing murderers over the work of keeping children from wasting their lives in violence.

The activists below will drift to other causes (or continue collecting big checks from foundations) while kids keep killing kids, and police keep trying to save them, despite being pilloried by  . . . activists like the people below:

I am Troy Davis: I am a cop killer.

I am Troy Davis: I killed another man in an utterly senseless murder.

Our teacher says we’re Troy Davis: we pistol-whipped a homeless guy and

threatened to kill him because he wouldn’t give us a beer.

I am Troy Davis: I’m really excited to be holding this sign.

Arcangeli links to a good website debunking the activists’ lies about this case, and I’ve added a few more.  The performance of the media, particularly the New York Times, has been disgraceful throughout:

Support Mark MacPhail: Debunking the Myths

A Useful Chart Debunking the “Recanting Witness” Claims (see also: http://legalcases.info/troydavis/)

Text of the Denial of Davis’ 2010 Appeal: Why the Judge Rejected the “Recanting” Claims (part 2)

D.A. Spencer Lawton on Davis guilt.  In other words, the prosecutor’s and appeals courts’ position, which was carefully suppressed in coverage of the execution by the New York Times, CNN, the Atlanta Journal Constitution, and most other news sources.

Educate yourselves: the media isn’t going to tell you the truth about this case.

And thanks to Lou for quoting me.

Troy Davis is Guilty, but the Mainstream Media Doesn’t Trust You With the Facts.

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And with the parole board once again affirming his guilt, the Atlanta Journal Constitution continues its tradition of leaving out all the relevant facts when reporting on the Troy Davis case.

At least they can’t be accused of inconsistency.  Here’s my previous post, with relevant links (near the end).

Gaming The System: DragonCon Founder Edward Kramer Caught With Another Boy

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I wonder what Bob Barr has to say about Ed Kramer’s health these days.

Ed Kramer, Pre-Miraculous Recovery/New Child-Endangerment Charges

As reported here, back in 2009 Barr, the former Libertarian Presidential Candidate, helped his client Ed Kramer avoid trial — helped him avoid justice — in multiple felony charges for child molestation and aggravated child molestation.  Barr and fellow defense attorney Edwin Marger managed to convince a judge in Georgia that Ed Kramer simply could not stand trial because it would be too painful for him to show up in a courtroom because of some obscure, obviously pretend spinal illness.

You know, kind of like fantasy role-playing.

Kramer had first been arrested in 2000 — yes, 2000 — on charges of molesting three boys.  The DragonCon founder had managed to “game” the system for nine years.  Then Bob Barr took a little break from running for President and representing Baby Doc Duvalier to score a highly unusual deal for his DragonCon client: house arrest on the grounds of his extreme-yet-vague “disability.”  Not a plea, mind you: just no trial.

In other words, the three young victims were denied justice. Their rights as citizens were literally stripped from them via legal wizardry performed by someone who claims to represent individual liberties.

Well, some people’s liberties.

Of course, Ed Kramer immediately pushed the envelope and demanded release from house arrest. Of course, the judge granted it, along with the right to travel to another state and to “check in” by telephone.  Of course, Kramer didn’t even bother to meet those requirements.  Of course, nobody in our ever-so-vigilant court system bothered to follow up.  Of course, the victims, and the molestation charges, simply got lost in the shuffle.

Ed Kramer, Pre-Pretend Spinal Cord Disease

Everyone knows how this genre fiction ends: of course, Kramer was arrested in Connecticut this week after being found in a motel room with a 14-year old boy:

A 50-year-old man who is already facing multiple charges of child molestation, was arraigned in Superior Court on a risk of injury to a minor charge Thursday after authorities said they found him staying in a hotel room with a 14-year-old boy earlier this week.

Kramer, a science fiction author and co-founder of the popular sci-fi convention DragonCon, was first charged with multiple charges of child molestation and aggravated child molestation by investigators in Gwinnett County, Ga in 2000. The district attorney’s office contacted police in Milford [Connecticut] about the pending charges after receiving a tip Kramer may be in the Connecticut area.

Gwinnett County [Georgia] District Attorney Danny Porter said he was contacted this week by a woman whose daughter is filming a movie in the Hartford-area. Crews started to worry about the way Kramer was acting around the 14-year-old boy, who was hired as an actor in the movie, Porter said.

Kramer claimed he was the child’s guardian, according to police.

On Tuesday, Porter said a crew member contacted Milford police after went to the boy’s hotel room and became concerned when the boy opened the door in a towel. Kramer was allegedly sitting on a bed inside the room, Porter said.

Congratulations, Congressman Barr.  Your client seems to have completely overcome his pesky back problem.

Among other gut-wrenching questions, this question remains: why didn’t anyone with the “movie crew” do something about a molestation suspect sharing a motel room with a 14-year old boy?  One person did eventually come forward, but what about the rest of them?  Surely they knew Kramer — he’s uniquely famous in SciFi circles.  What’s the matter with these people?  Why didn’t they choose a better role for themselves — Avenger of the Innocent, Protector of the Voiceless, anything but More People who are so Emotionally Arrested They Can’t Bring Themselves to Act to Save a Child?

In my alternative fantasy universe, Convicted-Con, the act of denying victims their day in court would be taken as seriously as the act of denying rights to defendants.  In my alternative fantasy universe, law professor bloggers and other activist types would work themselves up in a frenzy whenever some raped child got conned out of their rights by powerful politicians and uncaring pseudo-guardians of the law.

Star Trek Court, Where Defendants Face Justice, Unlike Real Court

In my alternative fantasy universe, when a lawyer gets his sex offender client off on claims of disability, and the disability turns out to be fake, there would be consequences for the lawyer:

Kramer’s attorneys [had] succeed in delaying his trial by arguing his health [was] too frail for lengthy courtroom sessions. One attorney described Kramer to the Daily Post last year as an “anatomy lesson” in decrepitude, suffering from ailments that include a problematic back, weak lungs and narcolepsy. He was said to get around on a motorized scooter and rely on oxygen tanks.

Last year, a judge agreed to abbreviated trial sessions and specialized seating for Kramer, but the trial was again continued and has hung in limbo since. . . Kramer was staying in the motel with the boy. . . Officers descended on the Super 8 and found Kramer alone with the minor, the police report states.

What’s more, [Danny] Porter said at least one witness is claiming to have proof Kramer’s not as sick as he made out.

“They saw him hiking in a rural area — no breathing apparatus, no wheelchair, no cane,” Porter said.

Are we actually supposed to believe that Bob Barr and his partner, Edwin Marger, knew nothing about Ed Kramer’s real physical condition when they claimed he was too sick to attend court in 2009, or that he had basically fled what little court-ordered control they had managed to wrangle for him under extremely questionable circumstances?  Well, here’s some clues:

Ed Kramer sporting a Barr ’08 button

Here’s Ed Kramer in either 2007 or 2008.  He claimed he was too sick to stand trial for molestation, but he looks like he was having a really good time campaigning for his lawyer, Libertarian presidential candidate Bob Barr.  If anyone knows more about this photo, please contact me.

Ed Kramer at the 2008 DragonCon

Here’s Ed Kramer hanging out at DragonCon when he was supposed to be housebound and in such serious pain from a “spinal injury” that he couldn’t stay awake for trial.  Hundreds of people saw him hanging out at a hotel in downtown Atlanta after midnight, chilling with some guy in latex shorts carrying a bongo drum.  What, they couldn’t pick up a phone when they saw the following story in the newspaper a few months later?  You know . . . acting to protect kids from getting raped, like their favorite superhero might do?

Edward Kramer told Gwinnett County Superior Court Judge Karen Beyers he was uncertain he could stay awake and alert enough to assist in his own defense. A spinal injury makes it difficult to sit, stand or breathe, and he is chronic pain, he said.  “I understand your diseases are degenerative,” the judge told Kramer. “I do not believe your ability [to stand trial] is going to improve.” . . . The judge suggested a trial schedule with three breaks a day ranging from 30 to 90 minutes. Beyers also tried to accommodate Kramer by offering to set up a room outside the courtroom for him to lie down in during the breaks and providing an orthopedic chair for him in court.

But he wasn’t too sick to party with female Klingons until the inter-galactical cows came home.  Shame on Bob Barr for using his influence to set this up.  Really, shame on him.

And double shame on his partner, Ed Marger, who classily had this to say about his client’s most recent arrest in a motel room with a young child found wearing nothing but a towel:

I don’t know if this was a 14-year-old child or a 41-year-old midget.

Nice.  What a great way to say: “I’m sorry for playing sleazy games with the lives of children and degrading rape victims in the newspaper while also insulting short people and homosexuals.”

Ed Marger and His Carefully Staged Pelts

Here’s a picture of Marger, pseudo-cornpone, et. al.  That depressed-looking thing sitting on his desk is a taxidermied groundhog: his other moldy client, “Baby” Doc Duvalier, must have been busy that day.

There are a thousand different freak shows in the big city.  Or as Dashiell Hammett used to say, well, I can’t remember what he said.  But the gist of it is this: grey people in grey cities with grey outlooks produce grey moral results.  It takes a village not to notice the guy in the wizard outfit and long black gloves slipping away with the little kid who should have been tucked away safely in bed instead of hovering in a grungy convention hotel lobby looking for someone to look up to.

And don’t ever, ever expect a defense attorney to do the right thing.

~~~

Local reporter Scott Henry keeps up on the Kramer case Here and Here.

Riots and Street Crime: Many Millions Gone

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I drove up to Atlanta last week and entered through the southeast side, to see the old neighborhood.  It’s been two years since I’ve been in that part of the city.

Atlanta Federal Prison, near my old house

It was a shock to see the deterioration outside the places where young professionals have rehabbed houses or built new ones.  Atlanta seems more fragmented than ever: a few blocks or neighborhoods with coffee shops, bicyclists, upscale breakfast places, landscaping, then miles of blight, where kudzu covers the detritus of abandoned or uncared-for properties.

By the federal prison, there are more abandoned houses and businesses than I saw the last time I drove through.  In Thomasville Heights, where murdered-and-missing children once gained brief attention, until there was no more money for politicians to milk from their deaths, gangs of feral children-of-children-of-children still wander the streets.  It was no place to be a child thirty years ago, and it is no place to be a child today.  How many millions of dollars have been squandered in the interim, to absolutely no effect?

Aaron Wyche, who lived in Thomasville Heights and was found dead nearby, in 1980

[I wrote about one of the unreported victims of Thomasville Heights here.]

Nothing is new except two very posh-looking public health clinics within blocks of each other. The private businesses on this stretch of road, including a grocery, a clothing store, a carwash, and a fast-food restaurant, are now all shuttered or burned out.

In my old neighborhood, the talk is all about installing increasingly ornate and expensive alarm systems, as if technology will outpace the criminal energies of the aimless children from broken homes. While living there, I repeatedly heard the lament that what was needed was more “programs” and “resources” for the “deprived” kids.  I never met anyone who could answer the question “more than what?”

None of these well-intentioned folks knew the sheer quantity and reach of the “services” that already existed, let alone the political infrastructure and clout created by them.  Conversations about expanding “services” always struck me as surreal: the programs support the behaviors that create the need for the programs.  The complaint about lack of resources for the poor is a lie.

Over the twenty years that I lived in Atlanta, gaining firsthand experience in poverty-and-social-justice programs, I cannot recall one conversation where I was able to change the mind of someone who believed that social problems persisted merely because society hadn’t “done enough” to help the underclass.  I could talk myself blue in the face naming programs and resources and community care that was already being funded; I could list the many interventions that had been attempted with this or that 14-year old repeat offender, and the response would inevitably be: “Well, we need to do more.  We don’t do enough for them.”

It’s a form of insanity, conditioned by an educational system that tells middle-class people that they should feel bad for merely existing and having more stuff than the “unfortunate.”  The riots in Britain peeled away a lot of delusions last week, forcing people over there to begin to reconsider the “more” argument, but I don’t see that happening here.  I can’t imagine an American newspaper printing any of the following:

There has been much bewildered talk about ‘feral’ children, and desperate calls upon their parents to keep them in at night and to ask them about any stolen goods they are bringing home. As if there were responsible parents in such homes! We are not merely up against feral children, but feral parents.  Of course these parents know their children are out on the streets. Of course they see them staggering back with what they have looted. But either they are too drunk or drugged or otherwise out of it to care, or else they are helping themselves to the proceeds, too . . . The result of this toxic combination of welfare and non-judgmentalism was an explosion of elective lone parenthood and dysfunctional behaviour transmitted down through the generations at the very bottom of the social heap — creating, in effect, a class apart.

–Melanie Phillips, Daily Mail

[The rioters] are an absolute deadweight upon society, because they contribute nothing yet cost the taxpayer billions. Liberal opinion holds they are victims, because society has failed to provide them with opportunities to develop their potential. Most of us would say this is nonsense. Rather, they are victims of a perverted social ethos, which elevates personal freedom to an absolute, and denies the underclass the discipline — tough love — which alone might enable some of its members to escape from the swamp of dependency in which they live.  Only education — together with politicians, judges, policemen and teachers with the courage to force feral humans to obey rules the rest of us have accepted all our lives — can provide a way forward and a way out for these people.  They are products of a culture which gives them so much unconditionally that they are let off learning how to become human beings. My dogs are better behaved and subscribe to a higher code of values . . . Unless or until those who run Britain introduce incentives for decency and impose penalties for bestiality which are today entirely lacking, there will never be a shortage of young rioters and looters such as those of the past four nights . . .

–Max Hastings, Daily Mail

I am not really very sorry for the elite liberal Londoners who have suddenly discovered what millions of others have lived with for decades. The mass criminality in the big cities is merely a speeded-up and concentrated version of life on most large [public housing] estates – fear, intimidation, cruelty, injustice, savagery towards the vulnerable and the  different, a cold sneer turned towards any plea for pity, the awful realisation that when you call for help from the authorities, none  will come.  Just look and see how many shops are protected with steel shutters, how many homes have bars on their windows. This is not new.  As the polluted flood (it is not a tide; it will not go back down again) of spite, greed and violence washes on to their very doorsteps, well-off and influential Left-wingers at last meet the filthy thing they have created, and which they ignored when it did not affect them personally.  No doubt they will find ways to save themselves. But they will not save the country. Because even now they will not admit that all their ideas are wrong, and that the policies of the past 50 years – the policies they love – have been a terrible mistake . . .

–Peter Hitchens, Daily Mail

Thank goodness for the internet, because without it, discussion of the British riots — and the “flash mob” beatings and mini-riots and toxic everyday criminality here in America — would be filtered through the sensitivities of the mainstream media, which is to say that views critical of the criminals perpetrating the violence, and the social policies enabling them, would be utterly suppressed.

I feel for my former neighbors, good people all, trying to protect their houses and loved ones with ever-more intricate alarm systems, burglar bars, reinforced doors, dogs, and guns.  But in the end, all the preparedness in the world will not protect them.  You can make your home a prison, or make sure the criminals live in one.

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

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

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

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

James Alan Fox, Professional

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[formatting updated 8/18/11]