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Let Out Early for Voluntary Manslaughter, Now Accused of Kidnapping and Rape

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Here’s another one.

Another what?

Another offender who should have been in prison but was let out early, and some innocent child paid the price.

The Atlanta Journal-Constitution is reporting that Daryle Edward Jones kidnapped and raped a young girl in Athens, Georgia:

Jones, 41, has been charged with rape, aggravated assault, aggravated child molestation, aggravated sodomy and kidnapping in the case. He remained in the county jail Saturday afternoon.

Here’s what they did not report: Daryle Edward Jones was supposed to be in prison until April.  Or at least that is how long he would have served, had he served his entire previous sentence.  Which, of course, nobody ever does, but isn’t it nice to imagine that somebody, somewhere, even once, would serve all their damn time?

In April of 1994, Jones committed voluntary manslaughter.  It’s hard to know from the online records what he really did, but suffice to say that getting 20 years in 1994 was the maximum for that crime and serving nearly all of it was unusual, so I suspect at least one of two things:

  • The crime was particularly heinous and the voluntary manslaughter was offered only with an agreement to serve a long sentence.
  • Jones, who was 21 at the time, must have had a terrible juvenile record, likely sealed.

So Darlye Jones went to prison for voluntary manslaughter in April, 1995 (he’d probably had a year in jail before that) and got out June, 2010, fifteen years later.  Then he was back in prison from January, 2012 to October, 2013, possibly for a parole violation because no other crime is listed.  Four months after finally being released, he has committed a heinous kidnapping/rape.

What is there to learn from this?

Under-prosecution may be the problem.

My guess — and it’s just a guess — is that Jones had a prolific and violent criminal career before being put away at the age of 21.  Yet he was only charged with one crime, which is entirely typical, even today.  Contrary to what all liberals and all those Right on Crime Grover Norquist types and Reason libertarians believe, our criminal justice system is wildly lenient towards nearly all criminals and expends the resources to put away only a tiny fraction of people who commit even serious crimes.

And given his current crime and the severity of his previous sentence, he may have been a sex offender but the sex offense was not kept on the table for some reason.  He’s not in the sex offender registry, as far as I can tell.

There is troubling talk across the Right today about prosecutorial over-reach.  I consider such talk to be almost entirely anecdotal and wildly out of touch with reality in our criminal courts — and motivated in large part by Alex Jones and his ilk, who have it out for police in an utterly personal and unhinged way.

Yes, the Department of Justice in Washington and Eric Holder in particular are troubling, and Holder is openly contemptuous of the rule of law and treats victims of crime with contempt — except those who fit certain categories of so-called hate crime that he invented in 1999.  Holder is pro-criminal, anti-victim and almost entirely lawless, but Eric Holder does not represent law enforcement in the states.

The sort of leniency that lets a killer walk free to rape a child is what too often represents criminal justice in the states.  We need longer sentences and more law enforcement, not less of both.  How many times do we have to see stories like this?  Let’s talk about what the feds are up to, certainly.  But don’t conflate that with state courts where, especially in urban areas, crimes like burglary aren’t even being investigated, let alone prosecuted anymore, and prolific criminals still have most of their charges dropped against them every day.

Here is a terrific response by “David” to yet another anecdotal complaint about “over-prosecution” from the Right.  It is in response to this (uncharacteristically) lazy screed in what is usually an excellent source on crime policy, City Journal:

Before every reader of this article jumps on the “let’s bash prosecutors” bandwagon, the good professor’s thoughts warrant a bit of careful consideration. Professor Bhide is, after all, a PROFESSOR of law, not a practitioner. And his online list of accomplishments shows that he has never practiced criminal law at any time in his illustrious career. Indeed, his expertise lies more in the realm of business and, perhaps, economics. Having said this, Professor Bhede is correct to be outraged by Ms. Khobraghade’s arrest and the humiliating and inexcusable way she was treated while incarcerated. Professor Bhede is also correct when he expresses concern about the proliferation of federal criminal laws. And perhaps Professor Bhede is also on to something when he quotes the following from the ABA (though this organization is not particularly well-known for either its objectivity or its lack of bias): “‘Individual citizen behavior now potentially subject to federal criminal control has increased in astonishing proportions.’”

But the key words in the quote Professor Bhede uses from the ABA are “potentially subject”. For even though there are too many federal criminal laws, it has been my actual experience that the feds prosecute only a tiny fraction of the cases they could file. Additionally, the feds file ONLY when they are assured of victory (not the standard for filing a criminal charge, contrary to Eric Holder’s excuses to the contrary) and potential good press. Professor Bhede lists a number of activities that Congress has criminalized since our Constitution’s ratification. But the impetus for the “busybody Congresses” that pass these laws usually takes the form of busybody groups and individuals who believe this or that activity should be criminalized. Prohibition readily comes to mind. …

So for those who are ready to jump up and say, “Professor Bhide is absolutely correct! Federal prosecutors need to be reigned in!”, I would respond that too often these very same prosecutors do too little with regard to crimes that directly impact the safety and welfare of our society. And I say this because I spent almost 20 years as a state prosecutor, in a major metropolitan area, where I concentrated primarily on handling felony narcotics dealing and firearms offenses. (To those who would protest and say that I was part of the problem because I was part of the “War on Drugs”, I would respond as follows: Please go tell this to the little 75 or 80 year old woman who is afraid to go out on her front porch because a group of punks–usually armed–are slinging crack, coke, or meth in her neighborhood. This person lives in fear for her life every day. Tell her that the street in front of her house is not a war zone. She’ll say you’re wrong.) Very little assistance was provided prosecuting these crimes by any of the U.S. Attorneys and their staffs in the city where I worked. I don’t know what, exactly, were the priorities of our resident U.S. Attorneys (several of them came and went during my time as a deputy prosecutor), but I do know that they couldn’t be bothered to help make our city’s streets and outlying areas safer. With the laws available to them, U.S. Attorneys can do a lot to put really bad people out of commission for very long periods of time. But if a certain crime (or group of crimes) aren’t on some important politician’s radar, well, such crimes won’t be prosecuted by a U.S. Attorney. …

Too many laws? Perhaps. Not enough use of many of the laws already in existence? Yes. …

 . . . read the whole thing here 

 

Timothy Alan Oates: Florida Under Gov. Bob Graham Let Another Child Rapist Free To Rape Again, Thank God for Registries

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. . . The bad old days.  This is Timothy Allen Oates:

In 1987, according to the Tampa Bay Times, he was sentenced to “27 years for ransom, attempted sexual battery on an adult and indecent assault on a child younger than 16.”  Actually it looks like it was ten years.

In any case, he was not supposed to be out of prison until 1997.  Or maybe 2014.  But he only served four years.  He got out in 1991, and guess what he did next?  He went back to prison for additional charges (and some of what may be the same charges).  In 1993, he was sentenced to 27 years and served ten years and nine months.  He got out a second time in 2004.

And then guess what he did next?  We don’t know the whole story, but last month he allegedly molested at least one child younger than 12 and took off for Washington State.

So why was he released in 1991, just a few years after being sentenced for multiple, violent sex crimes?  Why did he receive a sentence of 27 years in 1993 and get out a little more than ten years later?

In order to understand this case, you have to do a bit of digging.  Here is his record with the Department of Corrections.  This first block is the sentencing from 1987.  The second block is the sentencing from 1993.  The third block is the time he actually served in prison.  Look at the dates of the offenses — the 2/1/87 and 9/2/87 offenses appear in both sentencings.  The 5/18/86 charge was only part of the 1987 court decision, while a new 3/1/92 charge appears in 1993.  So my guess is that he was released VERY early for the first set of charges, then re-offended the minute he got out, then was re-sentenced on some crimes and given additional time for the new charges.

There are some other things to understand: he was 23 when he was first sentenced for this set of crimes.  So we don’t know if he had a juvenile record.  He was given a serious second chance, then he went right back into prison.  He got a third chance after his sentence was cut by more than 60%.  Now he’s been caught again.

This is what crime control was like in the 1980′s.  Things got better in the 1990′s, but not enough.  What does it take to put away a child rapist?  I’ll get back to you when we figure that out.

Thank God for sex crime registries.  Without registration, this guy would still be on the loose.  If only the media would mention that once in a while.

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
05/18/1986 L/L, INDEC.ASLT CHILD U/16 09/29/1987 HILLSBOROUGH 8607334 10Y 0M 0D
05/18/1986 KIDNAP MINOR FOR RANSOM(ATTEMPTED) 09/29/1987 HILLSBOROUGH 8607334 10Y 0M 0D
09/02/1987 SEX BAT BY ADULT/VCTM LT 12(ATTEMPTED) 09/29/1987 HILLSBOROUGH 8711422 10Y 0M 0D
02/01/1987 SEX BAT BY ADULT/VCTM LT 12(ATTEMPTED) 09/29/1987 HILLSBOROUGH 8711423 10Y 0M 0D

Current Prison Sentence History:

Offense Date Offense Sentence Date County Case No. Prison Sentence Length
09/02/1987 SEX BAT BY ADULT/VCTM LT 12(ATTEMPTED) 03/11/1993 HILLSBOROUGH 8711422 27Y 0M 0D
02/01/1987 SEX BAT BY ADULT/VCTM LT 12(ATTEMPTED) 03/11/1993 HILLSBOROUGH 8711423 27Y 0M 0D
02/01/1987 SEX BAT BY ADULT/VCTM LT 12(ATTEMPTED) 03/11/1993 HILLSBOROUGH 8711423 27Y 0M 0D
03/01/1992 KIDNAP;COMM.OR FAC.FELONY 12/09/1993 PINELLAS 9206504 27Y 0M 0D
03/01/1992 L/L, INDEC.ASLT CHILD U/16 12/09/1993 PINELLAS 9206504 15Y 0M 0D

 

Incarceration History:
Date In-Custody Date Out-of-Custody
10/02/1987 11/27/1991
04/08/1993 01/01/2004

There’s Nothing “Senseless” About Nicholas Lindsey’s Killing of Police Officer David S. Crawford

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The St. Pete Times (now Tampa Bay Times) has run its latest sob story** about an accused killer, this one Nicholas Lindsey.  True to form, the Times announces in its headline that it will explore why life unravelled for the St. Petersburg teen.

There is the usual objection to be made about such stories.  The reporting is all about the killer’s alleged good qualities, and the reporters work hard to diminish the killer’s responsibility, even though doing so crudely diminishes the value of the murdered police officer’s life.  Buying a Pepsi for a teacher is presented as mitigation against murdering a good man in cold blood.  In the past, I’ve had reporters from that paper tell me they believe they are being “balanced” in their reporting by telling the sob story of the murderer one day and the life story of the murder victim the next, as if doing so balances some ethical scale.

And so, the brute known as mawkish sentimentality strangles moral perspective at her rickety desk in the darkest corner of newsroom.

But even if one sets the lack-of-human-decency objection aside, the reporters still failed.  They failed to explore what they claim to have set out to explore, which is the alleged “unravelling” of Nicholas Lindsey’s life.  The young man committed other serious crimes and apparently faced no consequences for them, but the reporters don’t want to talk about this, so they shove it away quickly, as if it is irrelevant.  In doing so, they deny the very thing they claim to be seeking: the reason why Lindsey went so wrong so young.

Nicholas Lindsey had already been caught and arrested, found guilty, and allowed to walk out of some courthouse laughing over prior crimes.  His father and brother, too, served time.  This ought to be the beginning, middle, and end of the search to explain Lindsey’s escalation to cop-killing, but the reporters do not linger on the subject.  Why?  Have they internalized anti-incarceration biases to the point that they actually believe his prior record is irrelevant?   Or are they that afraid of ruffling the feathers of those who control the anti-incarceration message by shouting “prejudice” when anyone broaches the subject?

Either way, the prior crimes are brushed over, and the “unravelling” is presented as a “mystery” and also a “surprise.”  This is a complete fabrication.  There is no mystery.  There is no surprise.  The reporters scurry away from the facts, tumbling over themselves to reach the only acceptable meme, the “too many minority youths are incarcerated” meme.  Here is the story they must tell, the only story they allow themselves to tell: the prior arrests are irrelevant because punishing the youth for them would have been prejudiced; “gang life” has simply “changed” an otherwise decent young man; the young man is not really responsible for the murder he committed because he is a decent young man, only changed by gang life; more money spent on more social programs for youths who commit crimes is the only answer: thus the only real villain is anyone who refuses to throw more money at youth programs in St. Petersburg . . . a city that already has more youth programs than cockroaches.  Yet young black men keep killing each other and innocents who cross their paths.

There is a great deal of money to be had in this view, and real danger in questioning it.  There is, in fact, a virtually unlimited amount of money to be had in this view, for every time a young person commits a crime, that crime may be used as evidence of the need for more “programs,” which keep bad kids out of jail to commit more crimes, thus increasing the need for more programs.  The alternative — arguing that a youth who steals a car ought to go to jail so he learns his lesson if he is capable of learning a lesson — is virulently attacked as pure racism by the anointed experts who populate every university and law school, federal agency, and editorial board.  Who wants to risk that?

Here’s a question: what comes first, the social program or the teen murderer?

This is less a journalism problem than an “experts” problem.  The journalists just carry the experts’ water.  And so, after closing their eyes to the only real clue and tiptoeing cautiously around the other taboo — assigning blame to the killer’s drug-selling, absentee dad — the St. Pete Times reporters are left with nothing but an embarrassing handful of anecdotes about a violent young man’s paltry virtues: a soda purchased for someone, Lindsey not screaming at a teacher in detention once, an ex-girlfriend who has a mother who is eager to insert herself into the news.  The reporters talk about the killer being a “shy wisp” of a boy and bemoan the “fuzz” just “starting to grow” on his face.  This is repugnant stuff, but it’s all they’ve got because they won’t ask the real questions.

Here are the questions they refuse to ask: who is the judge who let Lindsey walk on previous serious crimes?  How many other youths who walked out his or her courtroom committed more crimes, destroying their lives and others’?  What can be done about it?  Who in our justice system bears responsibility for the legal decisions that enabled Lindsey to be free to commit more crimes?

And this: if Lindsey’s parents were so worried about their son’s involvement in gangs, what, precisely, did they do when he was previously arrested?  Why did they let him advertise his gang connections on Facebook?  Why didn’t they move away from the apartment complex which, allegedly, as the reporters choose to assert as undeniable fact, was the sole source of Lindsey’s transformation into a murderous gang-banger?

If the bar to acceptable behavior is set so low in Lindsey’s community that multiple car thefts aren’t taken seriously, then somebody decided it would be so.  Members of that community who really want change should be protesting outside the courthouse, demanding that judges and prosecutors save young men’s lives by throwing the book at them the first time, and every time they break the law.  They should be sitting alongside the police, who are attending Lindsey’s trial in street clothes because they are not allowed to wear their uniforms, lest doing so deprives the murderer of every little drop of the sympathy the activists deem as his portion.

I know there are people in that community who want to support law enforcement and want to do it out of love for the children who grow up to be Nicholas Lindseys.  I’ve worked in communities like the one that produced Nicholas Lindsey and met those people.  But they are silenced by wealthy and powerful anti-incarceration activists, people who don’t live in or visit such places.  The good people trapped in bad neighborhoods will never be heard so long as the elite activist class — and their eager water-carriers in the media — continue to silence them.  More Officer Crawfords will be murdered as a result, and more Nicholas Lindseys will live their ruined lives behind bars.

But the activists and the reporters will feel virtuous.  And isn’t that all that really counts?

 

 

**bad link, try: http://www.tampabay.com/news/publicsafety/crime/article1220622.ece, or: At 16, Life Unravels for St. Petersburg Teen Accused of Killing Police Officer

George Soros Funds the Fight to Lie About California’s So-Called Three-Strikes Laws

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First, a controlling fact.  California’s much-reviled “three-strikes” law bears no resemblance to what you’ve read about it in the news.  How much no resemblance?  Lots of no resemblance:

  • Prosecutors and judges have discretion in applying the law.  Discretion means “not draconian.”  Discretions means that it isn’t really a “three-strikes” law but merely a recidivist statute that permits, but in no way requires, application of its sentencing guidelines.  Someone can have 20 strikes and the law still won’t necessarily be applied.  Someone can rape and molest dozens of women and children and still not get three strikes sentencing.  The reality of criminal prosecution is that, in virtually all cases, when people face multiple charges (barring a few such as murder) those charges are telescoped down to one or two, and the others offenses are simply not prosecuted.  The tiny number of people facing three-strikes sentencing are extremely flagrant offenders who have committed dozens or hundreds — not two-and-a-half — violent crimes.
  • There are no people serving life sentences “merely” for stealing Cheetos or a VCR tape.  Those are myths.
  • Prosecutors use this recidivist sentencing law so rarely that most apply it just a few times a year, and even then, it frequently doesn’t lead to 25-to-life.  But media reporting frequently stops at the original charge.
  • The lies the media tells about “three-strikes” are legion.  The word” strike” better describes the media’s flailing confabulations about recidivism sentencing than any aspect of sentencing itself.

There is a great website by Mike Reynolds, an expert on California’s three-strikes law and its application (application being 95% of the law, no matter what they tell you in school).  I urge you to read his site and support his efforts:

Three Strikes and You’re Out: Stop Repeat Offenders 

Mike Reynolds debunks myths about three-strikes laws increasing costs for the state.  He proves that prison growth did not occur because of three-strikes laws; he explains who does and does not get enhanced sentencing, and he factors in the financial savings arising from reduction of crime arising directly from the prolific offenders who are sentenced under these laws.  In other words, he does what journalists and politicians ought to be doing, but do not.

From Mike’s site:

What is sometimes mistaken (or misunderstood) is the level of violence and brutality, as compared to the value of something rather minor. My daughter, Kimber, was murdered over a “minor” purse snatching. In fact, most murders are over little or “minor value” issues. Keep in mind, every “Three Strikes” case is closely reviewed by prosecutors who must prove the prior convictions in court. In the event that the defendant is found guilty of the current felony offense, the judge can, and does, review the merits of the case to decide whether or not to apply the full “25 to Life”, or reduce the case to a second strike.

On average, only (1) out of every (9) eligible third strikers gets a “25 to Life” sentence. The average third striker has (5) prior serious or violent felony convictions.

Read Mike’s site!  

~~~

Meanwhile, anti-three-strikes activism is an astroturfed social movement funded for years through various channels by billionaire financier George Soros.  The Los Angeles Times reports that Soros just gave $500,000 to the effort to get an anti-three-strikes measure on the California ballot in November.  The other major funding of the ballot initiative is Stanford Law Professor David Mills.  I wonder if anyone’s done an audit to see how much educational taxpayer money (even private schools rely largely on public funds) Professor Mills has used for his political activism.  His “academic” website is basically an advertisement for activism.  Why do California residents put up with paying for this guy’s hobbies?  Can’t he take his druggie-yellow sunglasses off for a photo for his law school?  Is that too much to ask?  What is that, a denim shirt?  Would a suit kill him?

“Professor” David Mills, Stanford University, Photographed on a Sunny Day.

Maybe he dresses this way to conceal the fact that he made a fortune in private investment firms before picking up a starring role at the previously dignified Stanford Law posing as a denim-wearing soldier for the right of thugs, rapists, and home invaders to continue their prolific criminal careers against non-investment firm types who can’t afford personal security like Mills’ and Soros’.

David Mills doesn’t even have a real vitae.  He’s published four editorials (one, risibly, in Slate; one, risibly, in MSN Slate) and one law review article in his own school’s law review, co-authored by a real scholar.

My goodness, the things that get you a law professorship at Stanford these days!

~~~

 Anyway, back to the three-strikes campaign.  Below you’ll find some articles I’ve written on the real criminal careers of the more famous poster-children of Soros’ and Mills’ cause.  It took decades for ordinary people and crime victims to create enough traction in the justice system to merely punish a small percentage of prolific criminals.  Now we stand to lose such progress.  These men — sheltered by their extreme wealth, capable of avoiding the consequences of their actions, are trying to empty the prisons in order to make themselves feel virtuous while spitting in the faces of law abiding Americans.  It’s a consequence-free titilation for them, on your backs and the safety of your loved ones.

If you’re in California, the time to push back is now.  George Soros and David Mills merely have money.  We have the truth.  We need letters to the editor every time someone makes a false claim about saving money on prison costs, or cries alligator tears about Supermaxes cluttered with Cheetos-stealing Jean Valjeans and other nonsensical lies.

Here are links to just a few of my posts on three-strikes laws and other recidivist measures under attack by George Soros:

Jerry DeWayne Williams: The original “pizza slice” poster boy for the anti-three strikes movement . . . and his real record

Robert Ferguson: “Bag of cheese” poster boy for the anti-three strikes crowd; of course there’s more to the story

Rodney Alcala: California serial killer and sexual torturer (worked for the LA Times after he racked up a horrifying record)

Russell Burton: 20 years of serial leniency for horrific recidivist sexual assaults in California and Georgia 

Lavelle McNutt: Prolific serial rapist with 36-year record of leniency in at least two states

Good Thing It Wasn’t A Hate Crime: Raymond Harris Just Tortures Women and Sets Them On Fire

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He’s not a hate criminal, just a guy who likes to rape women and stab them and beat them to death or near-death while torturing them by setting them on fire.   Second City Cop has the only real coverage — nobody else is outraged by the fact that Illinois let this guy go, not once, but twice, after he raped and tortured and set a woman on fire, and tried to get another one, and now he’s attacked a third woman (surely there were more).  This time, the victim, a 73-year old nurse, died.

Raymond Harris, serial torturer and rapist of women.  But not a hate criminal.

Well, thank goodness it wasn’t a hate crime: we can all take comfort in that.  From Second City Cop, who links to this Chicago Sun-Times article:

Only in Illinois can 30 years in the joint equal 13 years:
  • A parolee who fatally beat and robbed an elderly nurse in Bridgeport last month used the dead woman’s engagement and wedding rings to propose to his girlfriend, Cook County prosecutors said Thursday.Raymond Harris, 36, showed the rings off at a party just hours after he attacked Virginia Perillo in her garage in the 3300 block of South Parnell, assistant state’s attorney Melissa Howlett said. In addition to her rings, Harris also took Perillo’s purse, Howlett said.Perillo, 73, was discovered by a neighbor in a pool of blood with severe head injuries and defense wounds to her forearms on the night of Oct. 22. The brain-dead woman died at Stroger Hospital two days later.
  • Harris was paroled in May after serving 13 years of a 30-year sentence for his 1997 attempted murder and aggravated arson convictions, Howlett said.
And this isn’t the first time he violated parole:
  • In that case, Harris broke into a woman’s home, raped and beat her for several hours, Howlett said. He also threatened that victim at knifepoint, cut her neck and set three separate fires in the woman’s home, Howlett said. The woman woke up with her legs on fire and suffered third-degree burns.Just three weeks before that attack, Harris had been released from prison for a 1993 armed robbery, vehicular invasion and burglary. In that case, Harris brandished a gun at a woman getting outside of her car outside her home, Howlett said.
Obviously, this piece of s**t doesn’t learn from going to prison.

And just as obviously, the Illinois Parole Board and the Bureau of Prisons haven’t learned that some people are beyond redemption and reform. Where’s the outrage? Where’s the outcry that yet another violent offender isn’t serving even 50% of his sentence before being loosed upon society once again to maim and kill.

Note that among those participating in the lack of outrage is the Chicago Civil Rights Unit, which doesn’t give a damn because these particular beaten, raped, and tortured victims just aren’t the right type of victims.  They aren’t calling these crimes hate crimes because the victims were just women, and doing this sort of thing to just women isn’t as serious as picking other types of victims, thanks to hate crime laws.  Eric Holder says so — he said so repeatedly and belligerently when Clinton made him the point man for implementing the deceptive enforcement standards that pretend to include but quietly exclude heterosexual females and many other living things from hate crime law enforcement.

Note too that the other usual suspects — the Jessie Jackson types, the Leadership Council on Civil and Human Rights, the gay activists, the Anti-Defamation League, CAIR — not a peep from any of the braver arbiters of what is and isn’t to be “counted” as hatred.

Just torturing and raping and setting women on fire doesn’t count.  Not the right kind of body, see?

Imagine for a moment the headlines if Raymond Harris had a nasty habit of repeatedly trying to beat black men to death and setting them on fire.  Imagine if he targeted Jews, or Muslims, or gays, or lesbians, instead of “just women.”  Then it would be candles-in-paper-cups, rally-outside-city-hall time for all the professional activists and politicians who view the torture of some as particularly heinous, while run-of-the-mill rape-torture-torchings are just . . . well, technically, they’re understandable, and lesser, in the hierarchy of human value these activists have imposed on our justice system.

Some victims get politicians carrying candles.  Others don’t.

By dividing the world into “understandable” versus “outrageous” victim selection, where no such legal distinction existed before, the hate crimes industry desecrates the human dignity of every victim of a serious crime whom they don’t count as a “victim of hate.”  Nobody dares to challenge them, because doing so makes you a target of their rage, as I learned in Atlanta.  And rage, it is. These activist groups operate as if they are purely above question, above scrutiny and challenge.  I gave up a long time ago trying to get any reporter, anywhere, to ask any of these organizations why they don’t view crimes like the ones committed by Raymond Harris, or dozens of other brutal serial killers, as worthy of being investigated and prosecuted as “hate.”*  How much more evidence do they need that this man targets women for acts of extreme and random violence, including setting one on fire?

While researching hate-crime enforcement, I also gave up trying to speak to sentencing experts in law schools after one pitched such an astonishing hissy fit at me that I resigned myself to the cowardice of the academic classes.  I gave up trying to interview other types of academics when they refused to speak on record about their opinion of the enforcement of these laws, even when they privately expressed consternation about precisely the types of things I write about here.  Academic freedom — to quiver in the herd, indeed.  Hate crime activists guard the boundaries of their fiefdoms with extreme care; they threaten people who dare to question their agendas.  They use accusations of prejudice to maintain silence, when open and ethical conversation about the real meaning of “hate” is what is needed.

They also control the messages delivered about hate to every school-aged child in America.  If you encourage your child to question these laws when they are taught to them in the classroom, don’t be surprised if there are consequences.

Much is being said these days about the Justice Department’s departure from colorblind enforcement of voting rights laws, thanks to J. Christian Adams, a former DOJ attorney who courageously blew the whistle on intentionally biased enforcement of voting rights cases.  But what happens when the law itself is the creator of bias?  Hate Crime laws are a disturbing departure from the very values civil rights activists once labored to impose on the justice system: equal protection under the law, equal treatment of all victims, equal punishment for offenders.  The laws themselves are the scandal, but on top of that scandal, these laws are being enforced in deceptive and rankly prejudiced ways that magnify the injustices they produce simply by existing.

How on earth do you blow the whistle on that?

How many more women, and men, and children will be raped or murdered because the justice system divides victims into “important” and “unimportant” categories, and the criminals targeting the unimportant ones get chance after chance to kill again, as Harris got?  In 1997, at precisely the time Clinton and Eric Holder were grandstanding in the White House about hate, pounding their fists on tables, proclaiming that nobody should even dare to ask why “hate crimes” are worse than other crimes (Holder’s speciality was the “don’t ask” line), Raymond Harris raped, tortured, and stabbed a woman.  He set her body on fire, leaving the victim covered with third-degree burns.  Clinton and Holder could have used Harris’ assault to illustrate the alleged need for their new law, but they didn’t consider that crime — and thousands more like them — important enough to count as “hate” because the victim was just a woman.  So 13 years later, Raymond Harris slipped out of prison again — something that surely would not have happened had he been prosecuted as a hate criminal after the 1997 attack, or even just labeled a hate criminal by activists.  Hate crime activists could have prevented Harris’ most recent parole merely by showing up and using that magical word, hate.  But, in truth, they don’t see what he does to women as hatred, because he just does it to women.

And now Eric Holder is the Attorney General of the United States, still busily and selectively deploying hate crime laws for his political ends, and Raymond Harris, abetted by the other policies Holder endorses,** has killed a 73-year old nurse named Virginia Perillo.

And the silence, from the activists and journalists and politicians, is deafening.

Virginia Perillio, dancing at her son’s wedding

*In fairness, there is one mention of “hate”  in reference to the Raymond Harris case in the Chicago Sun-Times: the Times reminds its readers that it will not tolerate hate speech in their comment threads.

**prioritizing prisoner “re-entry” over incarceration; increasing the use of early parole; making outsized claims about “rehabilitation” of violent offenders; promoting second chances for everyone except “hate” criminals

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

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

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

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

James Alan Fox, Professional

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[formatting updated 8/18/11]

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

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This is Bobbie Joe Long:

Serial Killer Bobbie Joe Long

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

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

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

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

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

Florida’s “Taj Mahal” Appeals Court

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

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

Access to justice and public safety: good things.

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

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

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

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

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

Jordan Gibson, Jose Reyes, Wilson Gomez, Leonard Scroggins: “I didn’t want to be one of those cases where you find my remains three years from now.”

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You wouldn’t know it from the way many in the media cover crime, but recidivists with extremely violent records are still routinely cut loose from prison early, or allowed to stay free while awaiting trial.

Or allowed to attend high school with nobody knowing they’re sex offenders.

But wait, isn’t America supposed to be a police state, where people sometimes shockingly serve full sentences for their crimes?  Not in these cases:

Jordan Anthony Gibson, Atlanta, Georgia:

Gibson is currently a suspect in multiple rapes.  But even though he was caught in 2009 with items belonging to the rape victims, it took police a year to get back DNA results from the State Crime Lab positively tying him to two of the sex crimes.  This story says a lot about the state’s priorities, letting a suspected serial rapist’s DNA collect dust on a shelf for 13 months while some judge actually let the suspect walk free.  It also says a lot about the way the defense bar has convinced the judiciary to raise the bar way too high on evidence in criminal convictions: why isn’t being in possession of rape victims’ property enough to try someone for rape?  Why couldn’t he have been tried, or at least actually held under real supervision, on burglary or robbery charges until the DNA came back?  Don’t we have enough laws on the books to keep people like this off the streets for their other crimes.  of course, that would involve the courts actually displaying a commitment to treating crime like crime.

Part of the problem is the perception that crimes like burglary and robbery are now deemed too minor to even address.  And we know who to thank for that.  yet, somehow, the Atlanta Journal Constitution wants you to believe that we are far too harsh on criminals.  And so, you have a man now known to be a serial rapist, who could have been prosecuted for robbery and kept behind bars as the rape investigation continued, instead set free for a year as the crime lab didn’t bother to prioritize its work in a timely way.  Money problems?  Well, then, they should be using a case like this one to yell from the rooftops that they need more funds.  They don’t make waves like that, though.

Nor do Atlanta’s politically motivated “victim advocates” — many of them campus rape activists — who would rather berate all men for alleged sexist insensitivities than get their fingers dirty actually advocating for swift justice against a real rapist.  Oh, for the days when there were real feminists.  Here’s the serial rape story:

Police charged a man Friday for two of a string of rapes early last year along the Briarcliff Road corridor. DeKalb County Police investigators believe Jordon Anthony Gibson may be responsible for more sexual assaults, however.  Gibson, arrested Thursday, had been in police custody [that's an ankle monitor, not jail] for more than a year on related charges.  On April 11, 2009, Gibson, 19, was stopped for a traffic violation, and police found property from the rape victims inside his car, DeKalb County police spokesman Jason Gagnon said.  Police, at the time, charged him with several counts of robbery, but continued to consider him as a person of interest in the series of rapes, Gagnon said.  DNA samples were taken from Gibson at the time of his arrest, but they were returned only a few weeks ago, police said.  The GBI’s results showed Gibson to be a positive match in two of the rapes.

Umm, so why wasn’t he arrested weeks ago?  Why wasn’t he picked up the very same day that the DNA results were known?  What exactly does it take to remove a dangerous, DNA-identified rapist from the streets, especially when he’s facing a long prison sentence?  Why did the warrant take “weeks” after the DNA match?

“We had a strong feeling that he was our guy, just due to the fact that those sexual assaults discontinued the minute he was arrested,” Gagnon told the AJC. “However, we didn’t have the evidence.  After the robbery charges, Gibson was released on a $60,000 bond and given an ankle monitor.  “We wanted to keep up with him,” Gagnon said.  There were at least five more rape victims for whom Gibson’s DNA did not match.  “Sometimes DNA can possibly be tainted,” Gagnon said, in explaining why there were not more matches.  As far as waiting a year for DNA results, Gagnon said investigators were patient.  “We’re just glad it came,” he said.

Look, at some point, somebody in the system needs to stand up and say:

Waiting a year for DNA results in serial rapes with the main suspect out in the community is NOT acceptable.  Having a court system in which we can’t even push a robbery conviction to get a suspected rapist behind bars while we investigate his other crimes is NOT acceptable.  If the courts are so distracted and overwhelmed that they can’t process a case like this in less than 13 months; if the DA doesn’t feel it is a priority to get a guy like this off the streets ASAP, then we really don’t have justice.  We really don’t have courts; we really don’t have prosecutors who can say they’re representing the people.  We don’t have anybody bothering to prevent the next preventable rape.

I understand why a cop can’t say this.  What I don’t understand is why a judge won’t say it.  Somebody needs to be the person who has the courage to challenge this type of utter failure.

Somebody . . .  some politician, some DA, some well-paid victim activist, needs to speak up.

~~~

Because when nobody speaks up, this is what happens: Jose Reyes, Seattle, Washington

A convicted sex offender is accused of raping a special education student at Seattle’s Roosevelt High School. KING 5 [news] has learned some staff [k]new a sex offender was at the school, but parents and students did not.  Prosecutors say 18-year-old Jose Reyes convinced a 14-year-old freshman to go into a girls bathroom at Roosevelt to make out. But, he then forced himself on the student. Other students believe he was in some sort of relationship with the girl.  Few at Roosevelt knew about Reyes’ disturbing past:  In January of 2007, police say Reyes lured a 10-year-old-girl into a public library parking garage and asked her to take off her pants.  In April of 2007, he was charged with trying to lure an 11-year-old girl at a [G]reenwood park. And in May 2007, he tried the same thing with a five-year-old girl, asking her to sit on his lap in exchange for trading cards.

And those are the crimes he was caught committing.  Of course, if this were the New York Times reporting the story, they would probably describe Reyes as the victim of a vile Romeo and Juliet law and leave out the part about the five-year old.

When Reyes started school this year, certain teachers, staff and security were told that he is a Level 2 sex offender. State law dictates that no one else is required to be notified.  Many parents say that’s ridiculous. . . The Seattle School District says while Roosevelt was notified of Reyes’ sex offender status, the report did not give details about his past and that report never made it from police to the school district itself.

I wonder why Reyes was granted a Level 2 status, given that he was a recidivist who targeted extremely young victims.  Should his age matter, when he predated small children?  Were some of the charges dropped (like they are always dropped), and that is why he was free to rape a special ed. student?

Shouldn’t every sex crime be prosecuted?

~~~

And shouldn’t sex crime cases take less than, say, a decade to process?  Especially when the rapist spends that time walking free on the streets and then commits another sex assault?  Was this a DNA-delayed case?  Something else?  Wilson Gomez, Brandon Florida:

A Brandon man already facing rape charges from last year was arrested Saturday morning on similar charges, according to an arrest report.  Deputies arrested Wilson Gomez, 50, at his home at 202 Mason St., after, they say, he had sex with a woman who did not give her consent. He is charged with sexual battery, the report said.  Gomez was arrested in 2009 and charged with sexual battery using a deadly weapon or force causing injury in connection with a 2001 incident, jail records show. According to Hillsborough County court records, these charges are part of an ongoing case and he has not been convicted.  Gomez is held without bail at the Orient Road Jail.

It seems that when offenders know they’re going to jail, they often act out.  Why don’t judges see this?  Why do they keep letting dangerous predators go free to await trial?  Like, in the next case.

~~~

Leonard Earl Scroggins, San Diego, California:

Scroggins is a convicted recidivist sex offender (very) recently out on parole who was allowed to remain loose even after fondling a child a few days after getting out of prison.  Astonishingly, San Diego Deputy District Attorney Enrique Camarena feels that letting the two-time convict remain free after the sex offense against a child was a sign that the system is working, because Scroggins is now facing life in prison for removing his monitoring anklet and sexually assaulting four other females in a crime spree last week, including a 13-year old girl he stabbed and tried to kidnap at knife-point and another woman attacked with a knife.

That means the system is working?  Using women and children as prey because we’ve raised the bar so much on prosecuting anyone for anything that you practically have to kill a child to get put away?  That’s a solution?  What does the system look like when it’s  not working?

The prosecutor in the case says he is not frustrated with the system even though Scroggins has a history of breaking the law and violating parole.  “Unfortunately we have to get to this point where the guy commits serious acts on consecutive days, to multiple victims to get to this point where he is going to spend the rest of his life in prison. But that’s a big punishment and I think as a society we have to wait until the time is right,” says Camarena.

“Society” has to “wait until” what???  Look, even though he was in Napa Valley, this guy wasn’t selling no wine before its time: he was kidnapping women and children at knife-point after the proud state of California cut him loose early for two previous sex crimes and failed to hold him accountable for attacking a child.  I don’t know if D.A. Camarena is some wanna-be pol using his current office to climb the political ladder, or some wanna-be defense attorney using taxpayers and victims to train for his future job by working for the prosecutor’s office (a not uncommon scenario), or if he is actually a decent law-and-order guy driven insane by the impossibility of bringing charges against anyone for anything these days.  But it is appalling to say that any woman or child should be sacrificed to “serious acts on consecutive days, to multiple victims” to get a bloody prosecution rolling.

Jesus wept.

I don’t quite know how to express this because it should not need to be expressed, but the system wasn’t working when Scroggins walked out of prison early for two rapes.  It wasn’t working when he attacked a child and got away with it in March.  It wasn’t working when he wasn’t punished for violating his parole — by molesting a child — and remained free on an ankle monitor.   It’s not working if you need a high-tide body count before the D.A. feels he can proceed with prosecuting a dangerous recidivist predatory child sex offender.  And if the D.A. reacts to these circumstances by making excuses instead of shouting from the rooftops, something is very, very broken.

Here are Scroggins’ prior offenses.  Or, at least, the ones that someone bothered to prosecute:

Department of Corrections documents show convicted sex offender Leonard Scroggins in and out of prison. Back in the mid-90′s he was sentenced to ten years for rape in Napa County. He served four and a half, but violated his parole twice; finally being released in 2003.  A couple of months later, Scroggins went back to prison after pleading guilty to a terrorist threat involving kidnapping and rape. He again violated parole, and was just released from prison this past March.

That’s two violent sex crimes, three parole violations.  Then came the un-prosecuted child molestation (please drop the “fondling” bit), which apparently led to the ankle monitor but no prison time.  Then the rampage this week, which relieved the District Attorney of actually having to take a stand by trying Scroggins on one child charge before he committed more sex crimes.

Look, I’m sympathetic to the difficulty of getting charges to stick in this joke of a justice system.  But can’t the D.A. so much as express mild disgust that his hands are so tied?  Isn’t that his job?

Meanwhile, as politicians fuss over expensive-yet-futile measures like requiring sex offenders to provide their e-mail addresses and instant messaging names to police, or creating yet another freeway alert system to warn of offenders who are “misbehaving” (their term) or absconded, the one sane voice in the California crime cacophony is that of Scroggin’s 13-year old victim.  She harbors no illusions about the stakes of the game:

Scroggins [put] a knife to the throat of a 13-year-old girl and tr[ied] to drag her into his car.  “He kept repeating in a low voice, ‘Get in the car or I will cut you,”‘ said Guadalupe Perez, an eighth-grader at National City Middle School.  The girl said she screamed and reached for the knife, cutting her finger, then elbowed the man and ran.  “If I didn’t do that, I wouldn’t be here today,” she said.  “I didn’t want to be one of those cases where you find my remains three years from now.”

“I didn’t want to be one of those cases where you find my remains three years from now.”  Shame on the rest of us.

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

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

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

Jeffery Dwight Carr, Orlando Florida:

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

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

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

~~~

Michael Ray Tackett, Pittsburgh, Pennsylvania:

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

Michael Ray Tackett

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

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

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

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

And now, the parade of technicalities begins:

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

The details from the 2007 rape are also chilling:

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

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

Tomorrow: more violent recidivists wandering the streets . . .

Rodney Alcala’s Criminal Appeals: Is Alcala Smart, Or Is The System Stupid?

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Much is being made about Rodney Alcala’s allegedly superior intelligence. I don’t buy it any more than I buy it when defense attorneys wave a piece of paper in the courtroom and claim their client is mentally challenged and thus deserves a break.  It’s just theater.  Alcala’s a haircut with cheekbones: his IQ, whatever it might be, matters far less than the pro-offender sentiments of the era when he was first tried, and re-tried.

It certainly didn’t take a rocket scientist to play the California criminal justice system for a fool back in the 1970′s.  Unfortunately, in many ways, the same is still true.

Here are ten specific breaks the system gave Alcala, breaks that either enabled him to add to his body count or torment the families of his victims.  Such breaks weren’t reserved for serial killers with MENSA memberships, which is why places like L.A. were so fatal for all sorts of women.

How fatal?  Seven, or fifty, or even 100 women and girls, depending on how much evidence Alcala provides and the police uncover with the massive public appeal for assistance now underway.  Again, I have to ask: why weren’t these pictures distributed to the public decades ago?  Why were families forced to sit in limbo while authorities had hundreds of photos linking a known sadistic rapist and murderer to scores of unidentified women and girls?  I’m sure the police, given adequate resources, would have worked these cases.  But we’ve never given police adequate resources.  We still don’t charge even serious offenders with the totality of their known crimes.

Still it’s a tribute to reformers that some (though not all) of these fatal justice system errors would not occur today.

#1: Judicial Leniency, Indeterminate Sentencing Sets a Killer Free, 1971

Rodney Alcala was 25 in 1968, when he was caught in the act of raping and beating an eight-year old child to death.  That’s a chilling number, 25.  Kidnapping from a public place, the brutality of the rape, the extreme violence — all are hallmarks of an experienced, brazen killer who had escalated his behavior long before that crime.  If Alcala conformed to typical patterns (and there’s no reason to believe he did not), he probably started sexually victimizing girls and women around the time he reached puberty, a full decade before he attacked “Tali S.”  That’s potentially a lot of unnoticed crimes:

His first known attack was in 1968, when he abducted a second-grade girl walking to school in Hollywood, using a pipe to badly bash her head and then raping her — only to be caught red-handed because a Good Samaritan spotted him luring the child and called police. When LAPD officers demanded he open the door of his Hollywood apartment on De Longpre Avenue, Alcala fled out the back. Inside, police found the barely-alive, raped little girl on Alcala’s floor. It took LAPD three years to catch the fugitive Alcala, living under the name John Berger in New Hampshire — where the glib and charming child rapist had been hired, disturbingly, as a counselor at an arts-and-drama camp for teenagers.

Attempted murder, plus kidnapping, plus rape of a child, plus absconding.  Seems like he’d never see the light of day again.  Unfortunately, for future victims at least, pro-offender psychologists and other activists had so infiltrated the criminal justice system in California that the horror of Alcala’s crime was ignored by the courts.  From the moment he appeared in some California judge’s courtroom, he ceased to be a (failed) killer and child rapist.  He became a client and recipient of social services, a victim needing guidance, rehabilitation, “education,” and counseling.  It’s a soul-sickening travesty, one that deserves more exposure:

When Alcala was caught hiding out under the assumed name Berger on the East Coast [in 1971], a conviction for brutally raping a child in California was not a guarantee of a long prison sentence. California’s state government of that era had embraced a philosophy that the state could successfully treat rapists and murderers through education and psychotherapy.  The hallmark of the philosophy was “indeterminate sentencing,” under which judges left open the number of prison years to be served by a violent felon, and parole boards later determined when the offender had been reformed. Rapists and murderers — including Alcala — went free after very short stints. He served a scant 34 months for viciously raping the 8-year-old, who is known in official documents only as “Tali” . . . Deeply controversial, “indeterminate sentencing” was ended by then-governor Jerry Brown. But by that time, Alcala was free. . . . Retired LAPD Detective Steve Hodel, who investigated Alcala’s rape of Tali, recalls, “My impression was that it was his first sex crime, and we got him early — and society is relatively safe now. I had no idea in two years [he would be out] and continue his reign of terror and horror. I expected he was put away and society was safe. … It is such a tragedy that so much more came after that.”

“Education and psychotherapy.”  For raping and trying to kill a little girl.  It is important to understand that these highly educated “experts” were not simply trying to grope towards to some psychological discoveries that would only be discovered later.

Knowledge that murder is bad, for example, pre-dates 1971.

As I’ve written previously, I believe Alcala would have received a more severe sentence if he had just bludgeoned the little girl, instead of raping her and bludgeoning her.  I suspect the rape actually acted as a mitigating factor, turning him into a victim in the eyes of the people empowered to run our courts.  For when a prison psychiatrist found him “considerably improved” and ready for release less than three years after being convicted of attempted murder and child rape, that psychiatrist was undoubtedly referring to the fad psycho-sexual therapies in use at the time — and still being promoted by many academicians and practitioners today.  Like Dr. Richard Rappaport, Associate Clinical Professor of Psychiatry, UCSD Medical School, San Diego, who testified in Alcala’s most recent trial that Alcala should not be held responsible for serial sex murder because he just can’t help enjoying . . . sexual murder.

#2: Parole Board Leniency, 1974

It takes two to tango: a judge who refuses to hold a sick predator responsible for his crime by giving him an indeterminate sentence, and then a parole board that decides the “rehabilitation’s taken.”  Who served on that parole board in 1974, the one that decided to cut Alcala loose?  I’d love to see the transcript.  If anyone would send it to me, I’ll post it.  This wasn’t some gray-area first offense.  I wonder why the media hasn’t sought out these people and asked them why they let Alcala go.  As public servants, the parole board members should feel obliged to revisit such a devastating error.  A year’s worth of such decisions would make interesting reading — and yet one more interesting corrective to mythic beliefs that our country is too harsh on criminals.

#3: Prosecutorial/Judicial Leniency, Not Believing a Victim, Failure to Punish Recidivism, 1974

After the parole board cut him loose, it took Alcala two months to get caught with another child.  Two months.  Or, possibly, less:

In 1974, two months after he got out of state prison, Alcala was found at Bolsa Chica State Beach with a 13-year-old girl who claimed he’d kidnapped her. He was convicted only of violating parole and giving pot to a minor, however . . .

A convicted, violent, child rapist is found with a 13-year old girl who tells police she has been kidnapped.  What happens next?  Somebody doesn’t believe the child.  Who?  The judge?  The prosecutor?

#4: Parole Leniency, 1977

Alcala served another short sentence, and was apparently declared “re-reformed.”  Then a parole officer cut him some breaks.  It makes you wonder: was there anyone, anywhere in California’s criminal justice system, outside police themselves, who harbored a negative attitude towards violent offenders?

[T]wo years later, upon his second release from prison, the law went easy on Alcala again. His parole officer in Los Angeles permitted Alcala, though a registered child rapist and known flight risk, to jaunt off to New York City to visit relatives. NYPD cold-case investigators now believe that one week after arriving in Manhattan, Alcala killed the Ciro’s nightclub heiress Ellen Hover, burying her on the vast Rockefeller Estate in ritzy Westchester County.Orange County Senior Deputy District Attorney Matt Murphy, who hopes during the current trial to put Alcala permanently on death row for Samsoe’s 1979 murder and the slayings of four women in the Los Angeles area, says: “The ’70s in California was insane as far as treatment of sexual predators. Rodney Alcala is a poster boy for this. It is a total comedy of outrageous stupidity.”

#5:  Social Leniency, 1977 – 1979: The Polanski Effect

It really does take a village.  Between the time Rodney Alcala was released from prison on his second child offense charge, and when he was captured after the murder of 12-year old Robin Samsoe, it seems that nobody he encountered (outside the police) felt it was right to judge him for — oh, little transgressions like trying to murder a young child he was raping, or being a suspect in several other murders, or being investigated in the Hillside strangler cases, or ending up on the FBI’s Ten Most Wanted list.  Surely, FBI agents and other detectives approached Alcala’s co-workers and employers when he was being investigated for these crimes; surely his family and friends and professional acquaintances knew about the rape and beating of the 8-year old child.

So why did the L.A. Times choose to hire him anyway?  Why didn’t his supervisors there act on the knowledge that he was circulating his home-made child porn to co-workers?  Why did the Dating Game producers allow a child-rapist on their show?  Why did Alcala have such success in high-end social circles, in the art world, and with celebrities such as Roman Polanski?  Well, that one’s pretty easy to answer.

Was Alcala’s social success, in fact, based on his status as a “sexual outlaw,” being “persecuted by the pigs”?  Such was the argot in newsrooms and art circles, after all.  Funny how all the people who knew him then are so tight-lipped now: it sounds as if he really got around, between slaughtering young women:

1977  Ellen Hover, Jill Barcomb (18), Georgia Wixted (27)

1978  Charlotte Lamb (32), Monique H. (15), Jill Parenteau (21).  And more to come.

#6: Yet More Judicial Leniency, and Help From Mom, 1979

Another kidnapping and rape, another lost chance to get Alcala behind bars.  The police catch ‘em and the courts let ‘em go, leaving two more girls dead.  This type of behavior from the bench, sadly, continues today:

Alcala’s alleged reign of terror might have been halted in early 1979, when a 15-year-old hitchhiker called police from a motel in Riverside County to report she had just escaped from a kidnapper and rapist. Although Riverside police quickly charged Alcala with kidnapping and rape, a judge set his bail at just $10,000, paid by his mother. While free, police say, Alcala killed 21-year-old computer keypunch operator [Jill] Parenteau five months later in her Burbank apartment. The killer cut himself climbing through her window, and prosecutors now say Alcala’s rare blood type has been matched to the blood remnants.  Six days after Parenteau’s slaying, Robin Samsoe disappeared, a child-snatching that sent fear rippling through safe, quiet Southern California communities. Samsoe’s friend Bridget told police the two swimsuit-clad girls were approached that day by a photographer who asked if he could take their pictures. The man was scared off by a suspicious neighbor, but shortly after that, Bridget lent Samsoe her yellow bicycle so that Samsoe could make it to ballet class. Samsoe was never seen again.  Detectives circulated a sketch of the mysterious photographer to the media, and a parole officer recognized his parolee Alcala. Twelve days after she vanished, on July 2, 1979, Samsoe’s skeletal remains were found by U.S. Forestry Service rangers. Alcala was arrested on July 24 at his mother’s house in Monterey Park.

#7:  Criminal Appeals, 1984

Alcala was found guilty of murdering Robin Samsoe in 1980 and was sentenced to death.  But that verdict was overturned in 1984 by the California Supreme Court.  The court found that the jury had been “unduly prejudiced” when prosecutors introduced information about about the rape and attempted murder of the 8-year old child in 1968.

Evidence of prior crimes is sometimes admissible at certain times, so long as the priors are materially similar to to crime being tried.  For instance, is raping and trying to murder an 8-year old girl at all similar to raping and murdering a 12-year old girl?  There’s a four-year difference in the ages of the victims there, and a higher success component on the whole “murder” thing.  I’m sure, however, that the California Supreme Court could not have overturned Alcala’s death sentence on such a frivolous distinction.  It must have been some other frivolous distinction.

#8: Criminal Appeals, 2001

This time, the 9th U.S. Circuit Court of Appeals got a piece of the action.  They decided that, because one witness’ testimony from a previous trial was read from the stand without the witness being in the room, the entire second trial, which doubtlessly cost hundreds of thousands, if not millions, of taxpayer dollars to re-try, simply had to be tossed out because of this.

What’s the matter with the 9th Circuit Court of Appeals?  Richard Posner says they’re just too large for their own good, with too many different justices thinking together, and he’s got a well-known large brain that thinks in perfect unison with itself.  Me, with my quotidian little intellect, I think they just never saw a serial killer appeal they couldn’t bleed for, since they don’t have to, like, literally bleed, like the victims.  Not a very elegant argument, I know, but maybe it would pass muster before the 9th U.S. Circuit Court of Appeals.

#9: Alcala’s Exclusive Access to the Courts, 1979 – 2010

With his denim pantsuit aesthetic and not-very-bright courtroom performances, Alcala doesn’t really present as a brain trust.  But he doesn’t need to be one.  And defendant can tie up the courts — and further devastate victim’s families — with frivolous lawsuits and endless appeals designed to catch certain activist judges’ eyes:

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. Alcala is still as cocky as ever — bold enough to represent himself in the trial for his life, now unfolding in Orange County. And why not? He has a talent for mining legal technicalities and has repeatedly enjoyed success with appellate judges.

Orange County prosecutor Matt Murphy likens Alcala to a video game villain that keeps coming to life and says that the appellate courts have hit restart on this real-life murderous villain’s rampage through the system. The families of the victims as well as those close to the investigation criticize the decisions as misguided political statements by justices who opposed the death penalty and ignored the facts of the case. For Murphy, who tried the latest Samsoe case, each decision to overturn stripped away more evidence from his arsenal against Alcala. And for Robin Samsoe’s family, the legal setbacks have altered the course of their lives, ripping through like aftershock upon aftershock following a devastating earthquake. . . Samsoe’s mother [Maryanne Connelly] spoke eloquently about the hardships she has endured in the 31 years since her daughter’s murder, waiting for justice that never came. . . Meanwhile, her daughter’s killer has spent most of his life in prison, and has perfected the art of working the system to his advantage, filing lawsuit upon lawsuit when he felt his rights were violated while in custody – such as a civil suit against an investigator who did not respond to a request for discovery within 10 days. In fact, a contempt case against the Orange County Jail is still pending. . . Connelly wonders where her rights were, while the man who killed her daughter became comfortably institutionalized. This inequity has become the rallying cry of all the victims’ families, as well as victim’s rights advocates, who say the system has coddled a vicious killer while failing victims’ loved ones.

If the victims’ families had the same rights as Alcala, they could sue him for mental cruelty.  Where such a trial could be held is a difficult question, because his co-defendant would be the justice system itself.

#10: Turning the Courtroom into His Last Killing Field, 2010, and Beyond

“He was blowing kisses at me across the courtroom, and I thought I was going to lose my mind,” Connely said. “And I thought I was going to go crazy, you know. And I reached into my purse and I was going to grab it, you know, and I thought, ‘I can’t do this.’”

That’s Marianne Connelly, speaking recently about Alcala’s 1980 trial for the murder of her daughter: back then, she once brought a gun to the courtroom to shoot Alcala.  I doubt anyone would have blamed her then, and they certainly wouldn’t blame her now, after thirty more years of sitting in courtrooms watching Alcala toy with her, and other victims, for fun.

Where was the judge while Alcala was blowing kisses at his victim’s mother?  Did that judge feel his hands were tied, thanks to our perverse appeals system?  Or did he simply not care?  Why did he allow the defendant to behave that way?

This unique, public humiliation and torture of crime victims is one thing that has not changed in 30 years.  From the most recent trial:

Robin’s brother Tim Samsoe, 44, said the worst thing was watching Alcala perk up in court every time he got the chance to see old photographs of his alleged victims.  “You see the gleam in his eye,” said Samsoe. “He’s enjoying this again.”

According to prosecutors, Alcala always enjoyed torturing his victims:

[Orange County Senior Deputy District Attorney Matt] Murphy told the packed courtroom that Alcala took his time terrorizing his victims by choking them with his bare hands, waiting for them to wake up at least once, then strangling them again — sometimes using shoelaces or panty hose. “It is a staggeringly horrific way to die,” exclaimed Murphy. “There is ample evidence the women put up some resistance….He gets off on it. It was fun.”  Once they were dead, Alcala allegedly [he has since been found guilty] would then pose their bodies.

Now the only victims he has access to are the relatives of the women and children he killed:

Robert Samsoe, who was 13 when his little sister was slain, tells L.A. Weekly, “I don’t have any faith in the system. Some people, they are just afforded all the chances in the world. Alcala has cost the state of California more than any other person because of his lawsuits. And they treat him like a king. Everybody is walking on pins and needles around him.

Alcala dragged out his latest trial for weeks, representing himself, attacking victims, rambling on and enjoying himself.  If this judge felt he simply had no power to prevent such behavior, he should now take steps to do something about the warped system of which he is a part.  When is enough enough?

At the trial’s close, Alcala forced family members to listen to a recording of Alice’s Restaurant, a move that nearly drove one columnist to violence.  Frank Mickadeit, of the OC Register, wondered how family members could hold themselves back:

To make the family and jurors listen to somebody, even Guthrie, sing: “I wanna kill. Kill. I wanna, I wanna see, I wanna see blood and guts and veins in my teeth”? I guarantee you, that made nobody in the room think about how horrible Alcala’s death might be, as was apparently his intent. . . In all the years I’ve covered trials, I’ve never once wanted to personally wreak vengeance on a defendant. I can dissociate along with the hardest of professionals. But at Minute 50 on Tuesday, Murphy got me to go to that unprofessional place, where the father, brother and uncle lives.  I think it might have been one young woman’s morgue-photo – a head that was missing a third of its face because Alcala had bashed it away with a rock.  I stared hard at the back of Alcala’s tan sports coat, where the collar met the unruly mass of gray curls that cascades down his back (Arlo-like, if you must know), and I thought hard about that 15 feet between me and that thin neck. A cat-like leap, a bound, a forearm-lock, a snap – he’d never see me coming. The burly deputy sheriff between us would, though, so there was no chance even if I had indulged my momentary fantasy.  I looked to my left. Immediately across the aisle from me was Robert Samsoe, Robin‘s brother – roughly my age and size. He was wearing jeans, penny loafers and white socks, and I could see his right foot tapping nervously during these last 10 minutes of Murphy’s closing. The photo of another victim, her lower lip torn away, flashed up. Murphy hadn’t even begun recounting Robin’s death yet. . . Mercifully, there are no morgue photos of Robin, at least not in the sense that there are of the other murder victims. When they found Robin, just a skull was left – albeit a disfigured one from where Alcala had bashed in her teeth.  Robert Samsoe didn’t leap out of his chair and break Rodney Alcala’s neck, as part of me would have like to have seen.

Of course he didn’t.  The victims figured out long ago that they are not actually people, with human rights, including the right to dignity, in the eyes of the law.  The only person in that courtroom whose rights were being protected was Rodney Alcala.

It doesn’t have to be that way.