History > 2007 > USA > Crime, violence (II)
3 Bodies Found at Home
With Dead Infant
July 30, 2007
By THE ASSOCIATED PRESS
Filed at 9:44 a.m. ET
The New York Times
OCEAN CITY, Md. (AP) -- Investigators found the bodies of three children near
the home of a woman who was charged last week with killing her infant, Ocean
City police said Monday.
The age of the children was not immediately known.
Police search the apartment of Christy Freeman, 37, after the body of an infant
was found wrapped in a blanket. Freeman lived in the apartment with her
boyfriend and her four children, police said Sunday.
3 Bodies Found at Home
With Dead Infant, NYT, 30.7.2007,
http://www.nytimes.com/aponline/us/AP-Mother-Charged.html
2 Children Found Dead
in Boston Home
July 30, 2007
By THE ASSOCIATED PRESS
Filed at 8:09 a.m. ET
The New York Times
BOSTON (AP) -- Two children were found stabbed to death in a home, and their
mother was hospitalized after an apparent domestic incident, police said.
Officers entering the home Sunday night found the children, a boy and a girl,
dead from stab wounds. The mother was rushed to a hospital, where her condition
was not immediately known.
Officers arrived on what was described as a well-being check and entered by
removing an air conditioner, said Boston Police Superintendent John Gallagher.
The victims had multiple stab wounds.
''This is not a random incident. We are confident the neighborhood is still a
safe neighborhood at this point,'' said Gallagher, adding that there were no
arrests and no search for any suspects.
Police did not immediately identify the children, reported to be aged 10 and 12,
nor the mother.
Friends and relatives said the woman had been distraught after recently losing
her job at Children's Hospital.
''She was desperate,'' said Juan Gonzalez, a friend who came to the scene Sunday
night.
Gonzalez said the woman never threatened to hurt her children.
''She was a nice person, she was a good mother. She loved those kids so much,''
he said.
2 Children Found Dead in
Boston Home, NYT, 30.7.2007,
http://www.nytimes.com/aponline/us/AP-Fatal-Stabbings.html
For Suspect in 3 Deaths, Family Steeped in Prominence
July 26, 2007
The New York Times
By ALISON LEIGH COWAN and STACEY STOWE
STAMFORD, Conn., July 25 — His grandfather was a leading Russian theatrical
director and the son of a princess. His grandmother was a pioneering modern
dancer. His uncle retired three years ago as chief executive of a major public
relations company.
But this week, the family of Joshua Komisarjevsky was under a different sort of
spotlight. On Tuesday, Mr. Komisarjevsky, 26, was charged with 13 felony counts,
including kidnapping and sexual assault, in the brutal invasion of a home in
Cheshire, only a few miles from his own house in the same town. By the time the
ordeal was over, a woman and her two daughters were dead, and the father, a
prominent doctor, was in the hospital after being clubbed in the head.
The authorities say that Mr. Komisarjevsky and Steven J. Hayes, 44, of Winsted,
broke into the home of Dr. William Petit Jr., 50, around 3 a.m. Monday and
sexually assaulted Dr. Petit’s wife, Jennifer Hawke-Petit, 48, and one of their
daughters. They forced Ms. Hawke-Petit to withdraw $15,000 from a local bank
while the others remained hostage, the authorities said, and set fire to the
house before trying to flee in the family van.
On Tuesday, the state’s medical examiner’s said that there was evidence that Ms.
Hawke-Petit had died of asphyxiation and that the daughters, Hayley, 17, and
Michaela, 11 — who a police source, granted anonymity because the investigation
was continuing, said were both tied up in different rooms — had died of smoke
inhalation. As of Wednesday, prosecutors had not decided whether to seek the
death penalty.
“I know most people think they should be fried tomorrow, but we have a lot to
examine here before making a decision to seek a capital charge,” said Michael J.
Dearington, the state’s attorney for the judicial district of New Haven, who is
handling the case.
But the state’s attorney for Waterbury, John A. Connelly, said on Wednesday,
“From what I’ve been told about this crime, there are about five ways you could
charge capital felony.”
Mr. Connelly added, “Based on the facts of this case, I don’t think there has
been a more horrendous murder in the state of Connecticut in the last 30 years.”
The circumstances surrounding the grisly murders bear an eerie resemblance to
those in Truman Capote’s novel “In Cold Blood,” which recounted the 1959 murders
of a family in Holcomb, Kan., at the hands of two misfits who met in prison and
came up with a scheme to rob Herb Clutter, whom they believed to be the richest
farmer in Kansas.
After killing four members of the Clutter family, they ended up with $41. And
though determined to leave no witnesses, the pair were eventually tracked down,
convicted and executed.
Monday’s crime rattled the residents of Plainville, a town where the Petit
family was long involved in civic affairs, as well as those in Cheshire, who
were shocked by the news that a suspect was one of their own — and was from an
illustrious family.
“This kid came from a cultured background,” said a former neighbor who knew the
family years ago. “He also came not from huge money, but from a fairly affluent
background.”
Members of the extended Komisarjevsky family, some of whom still live within
shouting distance of Mr. Komisarjevsky’s last known address, a house on North
Brooksvale Road, have been accomplished in the arts, in public affairs and in
business.
His grandfather, Theodore Komisarjevsky (pronounced ko-mi-sor-JEFF-ski), who
died in 1954, was a celebrated theatrical figure in Russia before the Bolshevik
Revolution. Theodore Komisarjevsky’s father was an opera singer, his mother was
Princess Kourzevich, and his sister Vera was an actress noted for her Ibsen
portrayals.
He eventually made his way to London, Paris and Darien, Conn., where he enjoyed
fame as a producer, director, playwright and set designer. He married Ernestine
Stodelle, a prominent modern dancer, after his second marriage, to Dame Peggy
Ashcroft, ended.
One of Theodore and Ernestine’s sons, Christopher Komisarjevsky, went on to run
Burson-Marsteller, the public relations firm. Another son, Benedict, who became
an electrical contractor in Cheshire, is the father of the defendant.
Shortly after the grandfather died, in 1954, Ms. Stodelle married John
Rensselaer Chamberlain, a newsman and writer who had lost his own wife in 1955.
The couple had one son together, leading some neighbors to refer to their
blended clan, consisting of his two daughters, her two sons and daughter and the
son they had together, as a local answer to the Brady Bunch.
Besides writing jobs he had for The New York Times after finishing at Yale
University and his later work as an editorial writer for The Wall Street
Journal, Mr. Chamberlain became a syndicated columnist for King Features. He
died in 1995.
Over the years, Mr. Chamberlain came to own a tremendous amount of land in
Cheshire, a rural section of central Connecticut, including the white
pre-Revolutionary house on North Brooksvale Road where Benedict Komisarjevsky
lives and where Benedict’s son came and went. A bail commissioner said at
Tuesday’s arraignment that Joshua Komisarjevsky — whom one judge in 2002 called
a “cold, calculating predator” — had at least 20 previous convictions.
School officials in Cheshire say they have no record of Mr. Komisarjevsky’s
attending the public schools there, and some neighbors said he may have been
home-schooled or sent to private school.
Former neighbors said the Komisarjevskys’ house, listed in “Landmarks of Old
Cheshire,” a 1976 town publication, once had a clay tennis court that was always
bustling with neighborhood children.
On Tuesday, there was little sign of that. A backhoe was parked in the rear and
car parts lay strewn about the side yard. The house was in need of paint, and
the hole where the front doorknob should be was wadded with paper.
“That house has been going downhill steadily for 30 years,” said the neighbor
who has known the family for years.
Dozens of acres from the former Chamberlain holdings have been turned into
upscale housing developments, including one that bears the name Chamberlain
Court.
A reporter who tried to visit Ms. Stodelle on Tuesday at her home across the
street from the suspect’s home was met by a man who said he was her son. “She’s
95, and has nothing to do with it,” he said.
Alison Leigh Cowan reported from Stamford, and Stacey Stowe from Cheshire
and Plainville, Conn. Joyce Cohen contributed reporting from New York.
For Suspect in 3 Deaths,
Family Steeped in Prominence, NYT, 26.7.2007,
http://www.nytimes.com/2007/07/26/nyregion/26slay.html
Woman and 2 Daughters Killed in Connecticut Home Invasion
July 24, 2007
The New York Times
By THOMAS J. LUECK and STACEY STOWE
The wife and two daughters of a prominent Connecticut endocrinologist were
killed yesterday morning by two men who invaded their suburban home in Cheshire,
held them hostage for hours, set fire to the house and then rammed three police
cars with the family’s sport utility vehicle before they were subdued, the
authorities said.
The doctor, William A. Petit Jr., 50, medical director of the Joslin Diabetes
Center at the Hospital of Central Connecticut, survived the attack and staggered
from the burning house with what a neighbor described as a bloody head wound. He
was hospitalized in stable condition.
Law enforcement officials in Cheshire, a prosperous suburb 15 miles north of New
Haven, declined to identify the two men who were in custody, or the charges
against them.
Neighbors of the Petits on Sorghum Mill Drive, in a subdivision of tall trees
and manicured lawns, described a chilling sequence yesterday. They said the
family’s house was suddenly engulfed in flames, police cars converged, and two
young men — one with a shaved head and the other with closely cropped hair — ran
from the house and tried to flee in one of the family’s vehicles.
“In Cheshire, we are not used to this type of event,” said Michael Cruess, the
town’s police chief. “It’s very tragic, and it is probably going to reach right
down to the roots of this community.”
The authorities said that Dr. Petit’s wife of 22 years, Jennifer Hawke-Petit,
48, and two daughters, Hayley, 17, and Michaela, 11, were declared dead at the
scene after the police and firefighters arrived at the home shortly after 9:30
a.m.
Ms. Hawke-Petit was co-director of the health center at the Cheshire Academy, a
boarding and day school.
Hayley graduated in June from Miss Porter’s School in Farmington, and planned to
attend Dartmouth, her father’s alma mater. Michaela was to enter the sixth grade
at the Chase Collegiate School in Waterbury.
The authorities said that two men showed up at the Petit house early yesterday,
but that it was unclear how they gained entry or what happened inside about 9
a.m. But at that point, the police said, either the mother or the 17-year-old
daughter accompanied one of the two assailants in a family car to a local Bank
of America branch, where she withdrew an undisclosed amount of cash.
“Bank employees were suspicious enough to contact the Cheshire Police
Department, who immediately went to the bank and the victims’ residence to
intercept the vehicle involved,” said Lt. J. Paul Vance of the Connecticut State
Police.
He declined to comment on a report on The Hartford Courant’s Web site that Ms.
Hawke-Petit had appeared at the bank and managed to slip a note to a bank
employee that her family was being held hostage.
Details of what followed remained unclear yesterday, and law enforcement
officials in Connecticut declined to comment on several questions about the case
pending charges against the two men and their arraignment scheduled for today in
State Superior Court in Meriden. They said autopsies would also be performed
today by Connecticut’s chief medical examiner, and refused to discuss any
evidence or whether the deaths resulted from the fire or an assault.
Lieutenant Vance said the first police officer to arrive at the Petit house saw
that it was on fire and saw two men trying to flee in a car. When the officer
tried to block the men, they rammed his police cruiser, Sergeant Vance said.
The officer then called for help, and fellow members of the Cheshire Police
Department positioned two more police cars nose-to-nose as a barricade a few
houses away.
A neighbor, Anton Rao, an optometrist who described himself as a close friend of
the Petits’, said the two men drove into the police barricade at close to 60
miles per hour, and crashed through it before their car broke down and came to a
halt.
Dr. Rao said he was on his way home about 9:30 a.m. when he saw the police with
rifles outside the Petit house. He said he parked his car and continued on foot
along a path in the backyards of the subdivision to reach his own house. “I told
my own kids to go to the basement and lock the doors,” he said yesterday,
choking back tears.
Yesterday afternoon in a drenching downpour, more than a dozen neighbors huddled
under umbrellas along the family’s street, consoled one another, and tried to
fathom what had descended on the Petits.
“Something must have gone terribly wrong because these people would give away
everything they had,” said Kim Ferraiolo, 37, who lives next door.
She said her three children, ages 3, 4 and 7, had frequently played unattended
with Michaela Petit in the two families’ yards. “I think that is probably going
to change for a while,” she said.
The neighbors said the Petits were a busy family, but retained a balance in
their lives. Ms. Hawke-Petit, who once worked as a nurse at Yale-New Haven
Hospital, joined the staff of the Cheshire Academy to work with young people,
they said. She and her husband also devoted time to a youth group at their
church, neighbors said.
Dr. Petit was in stable condition yesterday at St. Mary’s Hospital in Waterbury,
according to a hospital spokesman.
While keeping a demanding schedule for his medical practice, the neighbors said,
Dr. Petit was often seen pruning, arranging and tinkering around the yard of the
family lawn. Besides his hospital position, Dr. Petit is president of the
Hartford County Medical Association and has written extensively on
endocrinology.
Colleagues at the Hospital of Central Connecticut said they learned of what had
happened to Dr. Petit and his family shortly before noon yesterday.
“It think it’s not sinking in quite yet,” Laurence A. Tanner, president of the
hospital, said in an interview.
He added: “Dr. Petit is an incredible doctor. He’s not only dedicated to his
patients, but he’s a teacher and a researcher.”
Both of the Petit daughters were described as outgoing and popular.
“Michaela, our fifth grader, was bright, very high-achieving, a confident, happy
girl,” said John Fixx, headmaster of Chase Collegiate. “She brightened every
day.”
At Miss Porter’s, Hayley had run cross-country, played basketball, was
co-captain of the crew team and worked to raise money for multiple sclerosis
research.
Burch Ford, the school’s headmistress, said yesterday that the younger children
“really looked up to her.”
“It’s just unspeakable, a horribly senseless tragedy,” she said.
Kristin Hussey contributed reporting.
Woman and 2 Daughters
Killed in Connecticut Home Invasion, NYT, 24.7.2007,
http://www.nytimes.com/2007/07/24/nyregion/24slay.html
After a Brutal Attack, Many Hope for Change but Few Expect It
July 19, 2007
The New York Times
By ABBY GOODNOUGH
WEST PALM BEACH, Fla., July 16 — The single mothers and children who fill
most of the apartments at Dunbar Village — a housing project on the poor, black,
north side of this city — are used to nightly gunfire. They are used to theft,
assault, murder and the indifference of federal and local authorities.
But nothing could have prepared them for the awfulness of the attack that took
place last month, which the local prosecutor called “the worst crime I’ve seen
in 37 years in the business.”
After dark on June 18, the police say, as many as 10 armed assailants repeatedly
raped a Haitian immigrant in her apartment at Dunbar Village and then went
further, forcing her to perform oral sex on her 12-year-old son. They took
cellphone pictures of their acts. They burned the woman’s skin and the boy’s
eyes with cleaning fluid, forced them to lie naked together in the bathtub, hit
them with a broom and a gun and threatened to set them on fire.
Neighbors did not respond to her screams, and no one called the police. The
victims ended up walking a mile to the nearest hospital afterward.
[On Wednesday, a grand jury indicted Avion Lawson, 14; Jakaris Taylor, 15; and
Nathan Walker, 16, on charges in connection with the case that include eight
counts of sexual battery by multiple perpetrators, two counts of kidnapping and
one count of promoting sexual performance by a child. The three teenagers, who
will be tried as adults, face life in prison if convicted.]
The police have said that Mr. Lawson’s DNA was found in a condom at the crime
scene.
The people of Dunbar Village are petrified, furious and doubtful that even such
a savage crime will bring about change. West Palm Beach — “a city of unsurpassed
beauty,” its Web site says — has eagerly permitted luxury condominiums and
revitalized neighborhoods for the rich and middle class. But the north side,
where steady violence has pushed up the city’s crime rate, continues to
languish.
“They keep promising, promising, promising,” said Citoya Greenwood, who lives
four doors down from the attack victims, who have since moved away. “Nothing is
getting done.”
Ms. Greenwood, 33, is one of the few Dunbar Village residents speaking openly
about the attacks. Others agreed to be interviewed but would not give their
names, fearing consequences. The police said many had shrunk away from their
questions, a longstanding problem in the neighborhood.
On Monday, Ms. Greenwood attended a city meeting where she implored the mayor
and commissioners not to forget what happened.
“Just stop by and see what goes on there,” she said, “and you’ll see how I have
to live and how my daughter has to live every day.”
Laurel Robinson, executive director of the West Palm Beach Housing Authority,
said that even before the attack, the agency had decided to allow only a single
entrance for cars at Dunbar Village and to install a “panoramic security camera”
with a direct feed to the police department. The camera will allow the police to
monitor most of the 17-acre property, Ms. Robinson said.
Cars will need an electronic device to open the gate at night, she said, but
there is no way to stop people from entering on foot. As dismal as the
conditions are at Dunbar Village, she said, more than 700 families are on a
waiting list for housing there and at four other projects in West Palm Beach.
Mayor Lois Frankel said improving Dunbar Village and the surrounding
neighborhood was “high on my radar screen,” ideally by replacing the complex
with mixed-income housing. But Ms. Frankel said the city had already tried to
address problems there, adding, “It would not be accurate to say that these
people live in an enclave of neglect.”
The housing authority is financed by the federal government, and has repeatedly
failed to win a federal grant that would have allowed the demolition of Dunbar
Village and relocation of its 300 residents. Four years ago, Congress eliminated
$165,000 a year that paid for extra policing at the city’s housing projects as a
part of a national cutback in housing money.
“It didn’t affect the people’s lives on Palm Beach,” Ms. Robinson said,
referring to the wealthy island across the Intracoastal Waterway from West Palm
Beach, “but it sure affected the people who live in Dunbar Village.”
The rape victim, a Haitian immigrant, lived quietly, Ms. Greenwood and other
neighbors said, rarely letting her son venture outside their apartment in a dull
yellow building with wooden porches and clotheslines in the backyard.
She has left Dunbar Village, neighbors said, but this month she gave an
interview to WPTV, a local television station. She described how that night,
someone knocked at her door and said her tires were flat. When she returned from
checking on the car — borrowed from a friend because hers had recently been
stolen — a throng of men, their faces covered, followed her inside.
They had two guns, she said. They stayed three hours.
“Nobody came for us,” the woman, 35, said in the interview with WPTV. “Nobody
even called the police for us.”
She had been victimized before at Dunbar Village, she said; her apartment had
been robbed, her car stolen, her son shoved off his bicycle.
Maybe she was singled out because she is Haitian, the woman said, adding, “I
don’t know the reason.”
Ted White, a spokesman for the West Palm Beach Police Department, said
detectives were analyzing evidence and interviewing people who might lead them
to more suspects.
Nine people have been murdered in West Palm Beach so far this year, Mr. White
said, down from 13 by this time last year. Palm Beach County is particularly
worried about youth violence; the county sheriff’s office created an antigang
task force in January, and West Palm Beach is planning to expand the boundaries
for its curfew law, which now bars people under 18 from the downtown area after
11 p.m. on weekends and 10 p.m. on weeknights.
The curfew will not help Dunbar Village, less than two miles north of downtown,
where residents described packs of teenagers loitering outside well past
midnight in the months before the attack. One neighbor of the victim, who would
not give her name but said she had waited two years for housing in Dunbar
Village, said teenagers used to lurk under a tree with droopy branches just
behind the victim’s apartment.
Those branches are gone now — cut off by maintenance workers last weekend so the
new security camera will have a better view. The nights have been quiet at
Dunbar Village, the neighbor said, and on a recent searing afternoon, the only
sign of life outside was children at play.
“That’s going to be scarred in my mind forever,” the neighbor said, her voice
rising, before driving off with her daughter. “I could have never, ever believed
that would happen six doors down from me.”
Outside another unit, Calvin Jones, 71, said he would leave with his 13-year-old
granddaughter this weekend. They came to Dunbar Village from Gulfport, Miss.,
after Hurricane Katrina, Mr. Jones said, and now they were going back — though
with no home.
“If you knew that happened,” he asked, “would you stay here?”
After a Brutal Attack,
Many Hope for Change but Few Expect It, NYT, 19.7.2007,
http://www.nytimes.com/2007/07/19/us/19palm.html
Preteen Sisters Arrested for Kidnapping
July 6, 2007
By THE ASSOCIATED PRESS
Filed at 5:45 a.m. ET
The New York Times
ENID, Okla. (AP) -- Detectives arrested a 12-year-old girl and her
10-year-old sister for allegedly abducting their neighbor's 1-year-old son and
demanding $200,000 for his return.
Brandon Wells was safe back at home Thursday night, hours after intruders broke
into his family's residence and took him while his mother, Sheila Wells, slept,
police said.
''I've been doing this 18 1/2 years, and this is the first time I know of when a
10- and a 12-year-old kidnapped a 1-year-old,'' said police Capt. Dean Grassino.
''It definitely ranks up there with the unusual crimes.''
The siblings, who were not identified because of their ages, are accused of
sneaking into Wells' home at about 5:30 a.m., taking Brandon and leaving a
ransom note.
''If you want to see your son again then you won't call police and report him
missing and you will leave $200,000 on the sofa tonight and we will return your
son back safe,'' the note read, according to police.
The note was signed, ''the kidnappers.''
The plan began to unravel when the girls' mother saw them with the child, police
said. They told their mother they had found the boy on the corner, police said.
As girls' mother tried to find Sheila Wells' telephone number, the 12-year-old
returned to Wells' residence and told her it was the younger sister who was
responsible for the abduction, Grassino said.
Wells immediately retrieved her child from the girls' home and police were
called, Grassino said.
Wells said she knew the girls and had banned the 10-year-old girl from her home
a few weeks ago, but did not say why.
The girls appeared in Garfield County District Court on Thursday afternoon and
were taken to Community Intervention Center for juveniles. They have not been
formally charged.
''I know they're so young, but they need to learn from their mistakes,'' Wells
said.
Preteen Sisters Arrested
for Kidnapping, NYT, 6.7.2007,
http://www.nytimes.com/aponline/us/AP-Young-Kidnappers.html
AP: Benoit Strangled Wife, Smothered Son
June 26, 2007
By THE ASSOCIATED PRESS
Filed at 1:10 p.m. ET
The New York Times
ATLANTA (AP) -- Pro wrestler Chris Benoit strangled his wife and smothered
his son before hanging himself in his weight room, a law enforcement official
close to the investigation told The Associated Press on Tuesday.
Authorities also said they are investigating whether steroids may have been a
factor in the deaths of Benoit, his wife and their 7-year-old son. Steroid abuse
has been linked to depression, paranoia, and aggressive behavior or angry
outbursts known as ''roid rage.''
''We don't know yet. That's one of the things we'll be looking at,'' said
Fayette County District Attorney Scott Ballard. He said test results may not be
back for weeks.
Autopsies were scheduled Tuesday by the Georgia Bureau of Investigation.
Authorities were investigating the deaths at a secluded Fayette County home as a
murder-suicide and were not seeking any suspects. The official who described the
manner of death spoke on the condition of anonymity because the information was
to be released at a news conference later Tuesday.
Investigators believe Benoit (pronounced ben-WAH) killed his wife, 43-year-old
Nancy, and son Daniel during the weekend and then himself Monday. The bodies
were found Monday afternoon in three separate rooms of the house, off a gravel
road about two miles from the Whitewater Country Club.
Fayette County Coroner C.J. Mowell did not return calls seeking comment. The
answering service for his funeral home said he was out of town.
Asked about the condition of the interior of the house, sheriff's Sgt. Keith
Whiteside said investigators found ''nothing really out of the ordinary.'' He
said Benoit was found in the home's weight room, his wife in an office and the
son in an upstairs bedroom.
This is a breaking news update. Check back soon for further information. AP's
earlier story is below.
ATLANTA (AP) -- Pro wrestler Chris Benoit strangled his wife and smothered his
son before hanging himself in his weight room, a law enforcement official close
to the investigation told The Associated Press Tuesday.
The official spoke on the condition of anonymity.
Authorities also said they are investigating whether steroids may have been a
factor in the deaths of Benoit, his wife and their 7-year-old son who were found
dead in an apparent murder-suicide.
Fayette County District Attorney Scott Ballard said test results may not be back
for weeks or even months.
Autopsies were scheduled Tuesday by the Georgia Bureau of Investigation in
DeKalb County.
AP: Benoit Strangled
Wife, Smothered Son, NYT, 26.6.2007,
http://www.nytimes.com/aponline/us/AP-Wrestler-Dead.html
Wrestler Benoit, Wife and Son Found Dead
June 26, 2007
By THE ASSOCIATED PRESS
Filed at 7:16 a.m. ET
The New York Times
FAYETTEVILLE, Ga. (AP) -- Details of the deaths of pro wrestler Chris Benoit,
his wife and their 7-year-old son may seem ''a little bizarre'' when released to
the public, a prosecutor said.
Authorities were investigating the deaths at a secluded Fayette County home as a
murder-suicide and were not seeking any suspects outside the home.
Fayette County District Attorney Scott Ballard told The Atlanta
Journal-Constitution, ''The details, when they come out, are going to prove a
little bizarre.''
Those details may emerge after the completion of autopsies scheduled for
Tuesday.
Investigators believe Benoit killed his wife and son over the weekend and then
himself sometime Monday. The bodies were found Monday afternoon in three
different rooms of the house on Green Meadow Lane, in a subdivision off a gravel
road about two miles from Whitewater Country Club.
The autopsies were scheduled to be done at the Georgia Bureau of Investigation
Crime Lab in DeKalb County.
World Wrestling Entertainment said on its Web site that it asked authorities to
check on Benoit and his family after being alerted by friends who received
''several curious text messages sent by Benoit early Sunday morning.''
Pope said the three were found about 2:30 p.m., but he would release no other
details about the deaths.
Stamford, Conn.-based WWE also said on its Web site it had further information
on the deaths of Benoit, 40; his wife, Nancy, 43; and son, Daniel, but had been
asked by authorities not to release it.
Benoit, a native of Canada, was born in Montreal. He was a former world
heavyweight champion, Intercontinental champion and held several tag-team titles
over his career. He was known by several names including ''The Canadian
Crippler.''
''WWE extends its sincerest thoughts and prayers to the Benoit family's
relatives and loved ones in this time of tragedy,'' the federation said in a
statement on its Web site.
Benoit was scheduled to perform at the ''Vengeance'' pay-per-view event Sunday
night in Houston, but was replaced at the last minute because of what announcer
Jim Ross called ''personal reasons.''
Benoit maintained a home in metro Atlanta from the time he wrestled for the
defunct World Championship Wrestling.
The WWE canceled its live ''Monday Night RAW'' card in Corpus Christi, Texas,
and USA Network aired a three-hour tribute to Benoit in place of the scheduled
wrestling telecast.
Benoit's wife managed several wrestlers and went by the stage name, ''Woman,''
The Atlanta Journal-Constitution reported.
They met when her then-husband drew up a script that had them involved in a
relationship as part of an ongoing story line on World Championship Wrestling,
the newspaper said.
Benoit has two other children from a prior relationship.
Wrestler Benoit, Wife
and Son Found Dead, NYT, 26.6.2007,
http://www.nytimes.com/aponline/us/AP-Wrestler-Dead.html
Prisoner Kills Officer at Utah Hospital
June 25, 2007
By THE ASSOCIATED PRESS
Filed at 11:09 a.m. ET
The New York Times
SALT LAKE CITY (AP) -- A prison inmate getting medical treatment at the
University of Utah stole a gun from a corrections officer Monday and fatally
shot him, authorities said.
The inmate fled the scene and drove to a Arby's restaurant, where he was
captured by police.
The prisoner was inside an examination room at the campus orthopedic center,
university Police Chief Scott Folsom said.
''There was some sort of altercation. The inmate got hold of the weapon and shot
the officer,'' he said.
A spokesman for the Utah Department of Corrections said officers routinely
transport prisoners to the university for medical appointments.
''Nobody here can remember one of our officers every being killed during a
transfer,'' spokesman Jack Ford said.
Prisoner Kills Officer
at Utah Hospital, NYT, 25.6.2007,
http://www.nytimes.com/aponline/us/AP-Medical-Center-Shooting.html
Sheriff: Ohio Woman Killed in Her Home
June 25, 2007
By THE ASSOCIATED PRESS
Filed at 10:42 a.m. ET
The New York Times
CANTON, Ohio (AP) -- A police officer is accused of killing his pregnant
girlfriend in her home, where furniture was found overturned and bleach spilled
on the floor, a day after her mother last heard from her, a sheriff's complaint
said.
Jessie Davis' body was found Saturday in Cuyahoga Valley National Park, still
carrying her dead, nearly full-term fetus, a girl she planned to name Chloe.
Davis' boyfriend, Bobby Cutts Jr., the father of her 2-year-old son, was charged
with two counts of murder and due in court Monday. Davis' relatives have said
they believed Cutts also was the father of her fetus.
A sheriff department sergeant's affidavit filed Sunday describes the allegations
against him. It says he is accused of killing Davis and the fetus at the Davis'
home in nearby Lake Township on June 14. The document does not say how they were
killed.
Davis' mother last spoke to her by phone a day before.
Davis, 26, of Lake Township near Canton, was reported missing after her mother
found her grandson home alone, with bedroom furniture toppled and bleach spilled
on the floor. The boy, Blake, gave investigators some of their first clues,
saying: ''Mommy was crying. Mommy broke the table. Mommy's in rug.''
Messages left Monday for Davis' family and Cutts' attorney were not returned.
One of Cutts' former high school classmates, Myisha Ferrell, was jailed for
allegedly hindering the investigation and also due in court Monday. She is
accused of giving false statements to investigators, according to an inmate
biography form.
Ferrell, 29, was arrested and jailed Sunday, but authorities declined to release
other information, including whether she had a lawyer.
Also Monday, Davis' father, Ned Davis, thanked the thousands of volunteers who
helped search for his daughter and said he was overwhelmed with grief.
''It's been, at best, it's been very, very difficult,'' Ned Davis said on NBC's
''Today'' show. ''I don't believe I can really quantify what our family's
feeling.''
''The loss of Jessie has been overwhelming. There are no words,'' he said.
Sheriff's deputies and FBI agents with a search warrant broke down the door of
Ferrell's apartment Saturday night, agent Scott Wilson said. She was not home
during the search.
Justin Lindstrom, 27, an upstairs neighbor of Ferrell's, said officers spent two
hours searching the woman's apartment Saturday night before leaving with several
full, brown paper bags and bottles of bleach from the basement. Authorities
would not describe what the deputies seized.
Ferrell worked at a Denny's restaurant until quitting her job Friday, Lindstrom
said. A manager at Denny's confirmed that Ferrell had worked there as a
dishwasher.
Lindstrom said Ferrell lived in the apartment downstairs with her 11-year-old
daughter. He said she had parties every night.
Cutts also has a 9-year-old daughter with another woman, Nikki Giavasis, who now
lives in Los Angeles. The two lived together for awhile, but when she began
seeing another man in 1998, Cutts was accused of breaking into her home while
she was inside with former NBA player Shawn Kemp of the Cleveland Cavaliers.
Cutts pleaded no contest to a disorderly conduct charge and was sentenced to
three years' probation. Giavasis told police she feared for her safety. The pair
are involved in a custody dispute.
Over the weekend, people placed flowers and red and yellow ribbons just below a
sign identifying Cuyahoga Valley National Park. Just down the road from where
the expectant mother's body was found, someone posted a sign saying, ''God bless
you Jessie and Chloe, forever in our hearts.''
Davis' body was found in an area with a dirt road, a small dirt parking area and
a couple of benches overlooking a grassy field.
''Somebody found her and for that, I'm very appreciative,'' her father said.
Sheriff: Ohio Woman
Killed in Her Home, NYT, 25.6.2007,
http://www.nytimes.com/aponline/us/AP-Pregnant-Woman-Dead.html
Day of Grief in New Jersey After Violence Claims 3 Lives
June 23, 2007
The New York Times
By RICHARD G. JONES
MONTCLAIR, N.J., June 22 — It was hardly a new path that Thomas Reilly traced
from his native Ireland to northern New Jersey, where after two decades of hope
and hard work his immigrant aspirations had seemingly been fulfilled. He was a
successful business owner. He had married. He had two adorable daughters.
But in recent months, things began slowly peeling apart. He was working two
handyman jobs to support his family. He separated from his wife, Teresa, and,
under the terms of a court order, was allowed to see his children three times a
week.
“He was just trying to do better and move up the ladder,” said Assemblyman
Thomas P. Giblin, a friend of Mr. Reilly. “I know he had friends who were
telling him to stay strong.”
But according to the authorities, Mr. Reilly hit bottom Thursday night when, the
police said, he drowned his two daughters, Megan, 6, and Kelly, 5, in the
bathtub of his apartment here before hanging himself.
“It’s a nightmare of every kind,” said Deputy Chief Roger S. Terry of the
Montclair Police Department.
The apparent double-murder and suicide has jolted this upper middle-class suburb
about 12 miles west of Manhattan, where before Thursday night’s carnage there
had been one homicide in the past two years.
“You know it can happen anywhere,” said one resident, Kerry Kosick, 52, “but you
never think it’s going to happen in Montclair.”
And, friends of the Reillys said, it appeared just as unlikely that a family
that seemed so stable could splinter so violently.
But in a news conference on Thursday, the authorities said the Reillys’ marriage
had grown strained and taken a bleak turn in recent months. Mr. Reilly, who was
46 and the former owner of the Irish Cottage pub in West Orange, was arrested in
March and charged with simple assault in an attack on his wife.
Mrs. Reilly had successfully sought a restraining order against her husband, and
he moved from the brick ranch that they shared in Verona to a first-floor
apartment in a three-story Victorian on Claremont Avenue here.
The restraining order spelled out the times Mr. Reilly could visit his children:
Tuesdays, Thursdays and one weekend day. The authorities said that the schedule
caused an argument between the couple Thursday afternoon: Mrs. Reilly had wanted
to pick up the children earlier than scheduled, and Mr. Reilly wanted to keep
them longer than agreed.
That evening, Mrs. Reilly called the police after going to Mr. Reilly’s
apartment to retrieve the children and not getting an answer at the door or a
response on the telephone.
“When officers arrived, they observed a light on in the first-floor bathroom,”
Chief Terry said.
Officers rang tenants’ doorbells about 7:20 p.m. and a neighbor, on the second
floor, answered. When officers entered Mr. Reilly’s apartment on the first
floor, they moved from room to room and found them empty.
But in the bathroom, they found Megan and Kelly, clad in T-shirts and shorts, in
a full tub.
“The crime scene is very horrific,” Chief Terry said. “One of the girls still
had her sandals on.”
Officers then began to search for Mr. Reilly, eventually finding his body
hanging from an electrical cord that had been looped around one of the rafters
on the unoccupied third floor of the building.
Then they had to inform Mrs. Reilly, who was sitting in a car parked by the curb
while the police conducted their search.
Robert Denco, 55, who lives in an apartment building next door to the Victorian
where Mr. Reilly lived, had come outside when the police arrived and watched as
an officer — Chief Terry said the officer was herself a mother of young children
— broke the news.
Almost immediately, Mr. Denco said, Mrs. Reilly began weeping and let loose a
loud, plaintive wail that filled the stretch of Claremont Avenue. She was so
distraught that the authorities took her to Mountainside Hospital for sedation;
she was released by Friday afternoon.
“That scream,” Mr. Denco said, “will live in my memory.”
There was another unforgettable image, Mr. Denco said. He described how those
standing in the street watching the police also could see Mr. Reilly’s body —
backlit by police flashlights — through a third-floor window.
“You could see his arms dangling,” Mr. Denco said.
By Friday morning, a lone officer stood patrol outside the home making sure that
the curious kept their distance. A roll of unused police tape sat on the front
steps. Traffic slowed along Claremont Avenue as drivers pointed and stared.
About a mile away, over on Witherspoon Road in Verona, neighbors recalled the
Reillys as a pleasant family. Jasper Powell, who lives across the street from
the family, talked about how the girls waved at everyone who passed by.
Another neighbor, Beth Shabazian, remembered how Mr. Reilly had built the cedar
swing set for the girls that sat in the backyard.
Another woman, who said she had been Megan’s kindergarten teacher at Our Lady of
the Lake School in Verona but spoke on the condition that she not be named, said
that Mr. Reilly had recently attended the school’s year-end recital.
“I don’t know what could have hardened his heart to make him do that to those
two little girls,” she said.
Back on Claremont Avenue, one passer-by, Jacqueline D’Arcio, stopped her black
Infiniti and regarded the tan Victorian. She talked about marriages gone sour
and closed doors and two terrified little girls in a bathroom.
“It affects you,” Ms. D’Arcio said of the crime. “It affects you if you have
kids, it affects you if you’re in the neighborhood, it affects you if you’re a
human being.”
Day of Grief in New
Jersey After Violence Claims 3 Lives, NYT, 23.6.2007,
http://www.nytimes.com/2007/06/23/nyregion/23slain.html
N.J. Man Kills 2 Daughters and Himself
June 22, 2007
The New York Times
By JENNIFER 8. LEE and CHARLES V. BAGLI
A man apparently drowned his two young daughters in a bathtub and then hanged
himself from the rafters of the attic in his home in Montclair, N.J., the
Montclair police said yesterday.
The man, identified as Thomas Reilly, 46, had separated from his wife, Teresa,
several months ago and was renting a house in Montclair, said Thomas P. Giblin,
a friend of the family who is also a state assemblyman. He identified the girls
as Megan, 6, and Kelly, 5.
The couple had bought a house in neighboring Verona before they separated and
Mr. Reilly moved to Montclair.
Deputy Police Chief Roger Terry said his department got a phone call from the
Verona police around 7 p.m. saying that the girls’ mother, who lived in Verona,
had become concerned because she had not been able to reach Mr. Reilly at home
after dropping off the girls with him earlier in the day.
When officers arrived at the house on Claremont Avenue, they discovered the two
girls in a bathroom on the first floor and soon found Mr. Reilly in the attic.
Mr. Giblin said that Mr. Reilly, a building engineer, was originally from County
Cavan in Ireland. He worked two jobs, including a night shift. One of his jobs
was at 10 Exchange Place in Jersey City and the other was nearby at Onyx
Equities.
“He was very conscientious,” Mr. Giblin said. “It’s unfortunate, to say the
least. He seemed to really love his kids.”
Mr. Reilly had also previously worked at St. Barnabas Hospital and had owned a
bar, friends said.
The girls’ mother arrived at the house last night to pick up her children and
found the police there. She was not allowed inside, so she paced back and forth
talking on her cell phone.
At one point, a police officer came out of the house, pulled her aside and sat
her down to talk to her, said Robert Denko, a neighbor who watched the police
arrive.
“That’s when I heard her scream,” he said. “It was a Hollywood scream.”
She was taken to Mountainside Hospital in Montclair in an ambulance, Chief Terry
said.
Mr. Denko said last night that Mr. Reilly’s hanging body was visible through the
window as the police shined a flashlight on it. He was wearing a blue soccer
jersey with short sleeves.
N.J. Man Kills 2
Daughters and Himself, NYT, 22.6.2007,
http://www.nytimes.com/2007/06/22/nyregion/22drown.html?hp
Crowd Kills Man After Car Hits Child
June 21, 2007
By THE ASSOCIATED PRESS
Filed at 10:44 a.m. ET
The New York Times
AUSTIN, Texas (AP) -- Police urged witnesses to come forward and help them
find the mob that beat a man to death after the car he was riding in apparently
struck and injured a child.
Investigators were struggling to piece together what happened Tuesday when David
Rivas Morales died defending the driver from members of a crowd. There could
have been anywhere from two to 20 attackers, Austin Police Commander Harold
Piatt said.
The car in which Morales, 40, was a passenger had entered an apartment complex's
parking lot when it struck a 2-year-old boy, Piatt said. The boy was taken to a
hospital with non-life-threatening injuries.
The driver got out of the car to check on the child and was confronted by
several people, Piatt said. When they attacked the driver, Morales got out of
the car to protect the driver and was attacked as well. Police said no guns or
knives were used.
The driver got away and is cooperating with investigators. Police identified the
child as Michael Hosea Jr.
There were conflicting accounts of how many people were in the area. Police
originally estimated 2,000 to 3,000 and a woman who lives at the complex said
hundreds who had been at a Juneteenth festival filled the parking lot and
street.
But late Wednesday police spokeswoman Toni Chovanetz said only 20 people were in
the area where the assault occurred.
Chovanetz also said there was no connection to the nearby city-sponsored
festival for Juneteenth, which commemorates Texas slaves getting the word that
they had been freed.
Margaret Morales said a young boy came to her door to tell her that her brother
was lying on the ground outside. She found David Morales, sprawled on the
pavement 100 feet from her townhouse, battered and choking on blood.
She said her mother came running after hearing her screams, but police wouldn't
let either of them get close to him.
Police arrived one minute after receiving a 911 call, by which time the beating
had stopped, Chovanetz said. But the Morales family complained that medical help
was slow in coming.
Chovanetz said witnesses told police that three or four men attacked Morales,
knocking him to the ground. A man got out of another vehicle and hit Morales
again, Chovanetz said.
David Morales arrived at the hospital about 35 minutes after the 911 call was
received, said Warren Hassinger, Austin-Travis County Emergency Services
spokesman. Emergency officials said police ordered them to wait until the area
was secure.
Several hundred people had filled the parking lot and street as the daylong
festival at a nearby park ended and spilled over into the surrounding
neighborhoods, said Katherine White, a Morales family friend who lives in a
townhouse next door to where the beating took place.
Margaret Morales said her brother, who was staying with her, was a painter on
his way home from work. The driver, whom she knew only as Victor, picked him up
and dropped him off everyday, she said.
The Morales family remembered David as a caring brother who loved the San
Antonio Spurs and was thrilled when they won the NBA title last week. Earl
White, Katherine's brother, said David Morales enjoyed sitting on the porch,
watching the neighborhood children play in the parking lot.
''I just want the people caught and brought to justice,'' another sister,
Elizabeth Morales, said. ''I want them to feel the same pain that they caused my
brother.''
Crowd Kills Man After
Car Hits Child, NYT, 21.6.2007,
http://www.nytimes.com/aponline/us/AP-Crash-Assault.html
Violence at Milwaukee Juneteenth Day
June 21, 2007
By THE ASSOCIATED PRESS
Filed at 9:08 a.m. ET
The New York Times
MILWAUKEE (AP) -- Police in riot gear dispersed the crowd at the city's
Juneteenth Day celebration after a man was pulled from a car and beaten and an
officer was injured trying to break up a fight.
''During the day the crowd was very well behaved and everything was fine
throughout the afternoon. Unfortunately at closing time everything came unhinged
and there were some problems,'' Police Department spokeswoman Anne E. Schwartz
said of the incidents Tuesday evening.
A large group leaving the area after the festival commemorating the end of
slavery winded down attacked at least two cars, and one of the drivers was
pulled from his vehicle and beaten, she said.
The man suffered facial cuts and a broken tooth, police said.
Schwartz said a big fight erupted in the area about the same time between groups
of girls and then grew larger as more people got involved.
Police in riot gear attempted to disperse the crowd, Schwartz said.
About a block away, a police sergeant trying to break up a fight between groups
of girls was injured when a 17-year-old girl punched his riot helmet hard enough
to shatter the shield.
The officer had cuts to his face that required three stitches and had scratches
to his neck, authorities said.
The girl was in police custody, facing possible charges of battery to an
officer, authorities said.
The organizer of the Juneteenth celebration said the violence was unrelated to
the day's activities.
''You just had a group of individuals that decided that they wanted to do
something entirely different. It's just sad that you have a few fools that got
out of hand,'' said McArthur Weddle, Juneteenth Day president. He has no plans
to change the event next year.
Juneteenth Day events are held in communities around the country to commemorate
the day in 1865 when Union soldiers landed at Galveston, Texas, to announce the
Civil War was over and that slaves were free.
Violence at Milwaukee
Juneteenth Day, NYT, 21.6.2007,
http://www.nytimes.com/aponline/us/AP-Juneteenth-Violence.html
4 Charged With Homicide, Abuse in Wis.
June 21, 2007
By THE ASSOCIATED PRESS
Filed at 8:58 a.m. ET
The New York Times
PORTAGE, Wis. (AP) -- Police initially went to a rental property in this
sleepy Wisconsin town in search of a 2-year-old girl kidnapped from her Florida
foster home by her mother last fall.
What they found was a house of horrors, detectives say: A roving band of
suspected identity thieves who had killed one of their own, buried her in the
backyard and locked her bloody and beaten her 11-year-old son in an upstairs
closet.
''It's crazy. Weird,'' said next-door neighbor Angie Turley, who moved from
Milwaukee to Portage to get away from crime. ''It can happen anywhere.''
Charged Wednesday with being a party to first-degree intentional homicide,
hiding a corpse and child abuse are Candace Clark, 23; Clark's boyfriend,
Michael Sisk, 25; Michaela Clerc, 20; and Felicia Mae Garlin, 15.
The teen is the dead woman's daughter and the sister of the boy in the closet.
Police said the group arrived in February in Portage, a town of 8,000 about 40
miles north of Madison that touts itself as ''Where the North Begins.''
The group was joined by Garlin's mother, Tammie Garlin; her 11-year-old brother;
and three other children, including the kidnapped girl.
Detectives said the group was running from the law in several states. Clark was
wanted in Florida in her 2-year-old daughter's abduction, as well as in Kentucky
on felony warrants for financial fraud, Columbia County District Attorney Jane
Kohlwey said.
Sisk was wanted in Colorado for not returning to jail after he was let out on
work release, Kohlwey said. In the past year, the group had lived in Florida,
Maine, Tennessee, Kentucky and Colorado, and came to Wisconsin to see snow, a
criminal complaint said.
The group was making a living through financial fraud using aliases, prosecutors
said. Kohlwey said investigators found a stash of money orders in the house,
each good for $500, made out to the fake names.
They tortured the 11-year-old -- identified in the complaint only by his
initials -- by whipping him, withholding food, scalding him with hot water and
pulling his genitals with pliers, the complaint said. The group sometimes choked
him until he nearly passed out and forced him to sleep naked in his sister's
closet, prosecutors said.
His mother and sister helped torture him, prosecutors said.
At some point, the group turned on Tammie Garlin, burning her and forcing her
into the closet with the boy, he told authorities. She was the only one who
helped him, by putting cream on his wounds, he said.
The complaint said Tammie Garlin and Clerc had been lovers but had separated,
and that Clerc was upset because she thought Tammie Garlin had cheated on her.
Detectives, however, said they weren't sure why the others turned against Tammie
Garlin.
Police said Clark told them Tammie Garlin died June 4. According to the
complaint, Felicia Garlin and Clerc had kicked her, then later that day carried
her into the bathroom, where Clerc dropped her head on the floor.
Sisk went into the bathroom and shut the door. He emerged a few minutes later,
announcing Tammie Garlin was dead. Clerc laughed, the complaint said.
They buried her in the backyard. The landlord said Sisk approached him a few
weeks ago asking if he could plant a garden in the spot.
He never got around to it. Florida detectives were closing in.
Portage officers, alerted by sheriff's deputies in Lake County, Fla., went to
the house June 14. They found the missing toddler, along with Clark's two other
children, and caught her trying to give them a false name, the complaint said.
Police found the 11-year-old sitting on the closet floor with his knees pulled
to his chest, his body a mess of cuts, burns and scars. His feet were burned so
badly he couldn't walk.
The complaint said the boy told a doctor, ''I don't want to hurt no more.''
Police captured Sisk at a Milwaukee bus terminal with a ticket to Kentucky the
next day. Police caught him because his bus had been delayed, police Lt. Mark
Hahn said.
A judge on Wednesday denied bail for Sisk and Clark, identified by prosecutors
as the group's leaders. He set bail at $500,000 for Felicia Garlin and $350,000
for Clerc.
Defense attorneys said the allegations in the complaint are unproven and they
don't have the money to flee. But Judge Alan White said all four posed a flight
risk.
Hahn said investigators were trying to piece together the group's activities and
whereabouts across the country.
''We could have victims from all over in different parts of the country,'' he
said. ''Fortunately, it ended here.''
4 Charged With Homicide,
Abuse in Wis., NYT, 21.6.2007,
http://www.nytimes.com/aponline/us/AP-Body-Found.html
Deadly Bat Attack Caught on Tape
June 14, 2007
By THE ASSOCIATED PRESS
Filed at 5:26 a.m. ET
The New York Times
LOS ANGELES (AP) -- Police were searching for a man caught on videotape
attacking a mentally disabled man with an aluminum baseball bat, causing
injuries that eventually killed the man.
The suspect is seen on a surveillance tape approaching James McKinney, 41, from
behind, swinging the bat full force and striking McKinney in the head. McKinney
was knocked to the ground, his head bleeding from the blow.
At one point McKinney rises up as an unidentified passer-by calls 911.
McKinney suffered massive head injuries from the attack May 29 in a residential
area, police said. He died June 3.
Authorities said it appears the suspect may have been targeting people in the
area.
''It's terribly disturbing that this individual appeared to be hanging out in
this particular area for several minutes, probably up to five minutes, seemed to
be looking for a victim,'' said Officer Karen Smith of the Los Angeles Police
Department.
No motive for the attack has been determined.
Deadly Bat Attack Caught
on Tape, NYT, 14.6.2007,
http://www.nytimes.com/aponline/us/AP-Baseball-Bat-Attack.html
MySpace Page May Have Been Suspect's
June 8, 2007
By THE ASSOCIATED PRESS
Filed at 9:47 a.m. ET
The New York Times
OLATHE, Kan. (AP) -- He calls himself ''Jack'' and considers himself a
''Sweet Troubled Soul'' on his MySpace page. His interests include ''eating
small children and harming small animals.'' The page appears to belong to Edwin
R. Hall, the man accused of kidnapping 18-year-old Kelsey Smith and killing her.
If true, it lends disturbing significance to the bizarre claims on the Web site
in light of the charges against him.
Hall was charged Thursday with premeditated first-degree murder in Smith's death
and aggravated kidnapping for her abduction Saturday from a Target store parking
lot. His bond was set at $5 million.
Only the name ''Jack,'' by which Hall is known to neighbors, is used on the
MySpace page, and the picture posted strongly resembles the 26-year-old. The
person on the MySpace page also uses the same age and location as Hall, and a
person with the same name as his wife, Aletha, has a page linked to ''Jack's.''
In a photo on the page, the man is posing with a young boy. Neighbors said Hall
and his wife have a 4-year-old son.
It was Hall's neighbors who told police he resembled the man they were looking
for.
Cameron Migues, 30, said he and his wife laughed when they noticed a similarity
between Hall and the man pictured in a surveillance video that police were using
to solicit leads in the abduction. But then a video of the truck was released,
and ''we put two and two together,'' said Migues, who called a police hot line
Wednesday morning.
Hall was being held at the Johnson County jail and appeared in court via a video
feed looking tired and downcast. He spoke briefly, waiving reading of the
charges until he could hire his own attorney. His next appearance was scheduled
for June 14.
If convicted, he faces a minimum sentence of 25 years to life in prison for the
murder charge and more than 12 years for aggravated kidnapping, Johnson County
District Attorney Phill Kline said.
Kline said it was unclear whether the case would be tried in state or federal
court but that the death penalty would be possible either way.
It is a federal offense to cross state lines while committing a kidnapping
resulting in a death. Authorities have not said how or where Smith was killed.
''If we believe the crime is severe enough, and we do in this case, we will go
to the jurisdiction that provides the most severe penalty,'' Kline said. ''The
discussions continue almost around the clock.''
Detectives talked to Hall shortly after Smith's body was found Wednesday in a
wooded area in Missouri.
Authorities have declined to offer a motive but say there is no evidence that
Smith and Hall knew each other.
Neighbor Harold Barry, 50, said he was surprised when he heard Hall had been
arrested. Hall recently helped him repair his pickup truck, he said.
''If I can go see him, I will see if I can help him out,'' said Barry, who added
that Hall seemed especially close to his son.
''He loved his son his so much,'' Barry said. ''He had his small kid in that
truck every time I saw him.''
Smith had been missing since Saturday night, when she went to a Target store in
the Kansas City suburb of Overland Park to buy a gift for her boyfriend.
Surveillance video showed her being forced into her car around 7:10 p.m., and
the car drove off. It was found in a nearby mall parking lot about two hours
later.
Associated Press writer Caryn Grant contributed to this report.
MySpace Page May Have
Been Suspect's, NYT, 8.6.2007,
http://www.nytimes.com/aponline/us/AP-Missing-Teen.html
Connecticut Girl Missing Nearly a Year Is Found in a Closet
June 7, 2007
The New York Times
By LISA W. FODERARO and STACEY STOWE
When the police showed up with search warrants yesterday morning at a scruffy
house on a busy street corner in West Hartford, Conn., they assumed they were
looking for evidence in the possible killing of a 15-year-old girl, missing for
almost a year.
Shortly after she disappeared on June 16, the police thought that the girl, whom
they called a habitual runaway, had taken off from her home in nearby Bloomfield
yet again. But as the investigation unfolded, they found “bits and pieces of
information that suggested foul play,” said Capt. Jeffrey Blatter of the
Bloomfield Police Department, and detectives kept circling back to a dog trainer
who was a business acquaintance of the girl’s stepfather.
Yesterday morning, after entering the house on Newington Road, where the dog
trainer, Adam Gault, 41, lived with a woman identified as Ann Murphy, 40, the
police pushed aside a large bookcase and discovered a locked door that led to a
narrow closet under a staircase. Inside was the girl, crouched and pale but not
visibly injured.
“It was so unexpected,” Captain Blatter said at a news conference. “The
investigators were shocked and very relieved. We never gave up hope, but when we
went to do today’s search it was unfortunately under a belief that there may be
a victim of homicide.”
But the details of the case seemed to raise as many questions as they answered
in terms of the nature of the girl’s relationship with Mr. Gault.
He was charged with second-degree unlawful restraint, second-degree reckless
endangerment, second-degree custodial interference, interfering with an officer,
risk of injury to a minor and second-degree forgery, and was held in $500,000
bond.
Ms. Murphy was charged with conspiracy to commit second-degree reckless
endangerment, conspiracy to commit second-degree custodial interference and risk
of injury to a minor. She was held in $100,000 bond.
A second woman who lived in the house, Kimberly Cray, 26, was charged with the
same crimes that Ms. Murphy is accused of, and was being held in $500,000 bond,
said Lt. Dan Coppinger of the West Hartford Police Department.
All three suspects were scheduled to appear in Superior Court in Hartford today.
Captain Blatter described the teenager as a “good student,” but a “child from
some troubled circumstances.” He said that she had not been abducted and in fact
had “found what she believed to be a friend” in Mr. Gault.
For the past year, she has had no contact with her parents, and the police said
there was no evidence that she had been out in public in all that time. Yet
investigators said they did not believe that she was holed up in the closet for
long; rather, they said, the couple may have hidden the girl there moments
before the police moved in to search for DNA and other evidence that they
suspected would lead them to her. They said a teenage boy, possibly the son of
Mr. Gault or Ms. Murphy, also lived in the house.
It was unclear whether the teenage girl, who was examined by doctors, had been
held against her will.
“We just don’t know yet,” Captain Blatter said. “Even if she were to say that
she was comfortable in that environment, many of the things we found during the
initial search would suggest that any 14-year-old would not have believed that
to be a safe, comfortable environment.”
Later, Captain Blatter described the two-story aluminum-sided house as “filthy,”
with no sheets on the beds. Investigators also found the “possibility of sex
toys,” he said. For now, however, none of the charges relate to sex crimes.
Also at the news conference, Capt. Lori Coppinger of the West Hartford police
said the cases of other missing girls were being revisited to determine whether
Mr. Gault may have been involved. “We don’t anticipate any girls now missing,
but we are familiar with this individual,” Captain Coppinger said. “We’ve had
juveniles associated with this individual.”
Early yesterday evening, officers were still moving through the house, in the
blue-collar Elmwood section of West Hartford. A plastic play set shared the
weedy yard with a dog run.
The police did not reveal the girl’s identity, but her name and photograph were
immediately posted on news Web sites. Captain Blatter said that she was in
protective custody. Asked whether she had been harmed by the adults, Captain
Blatter said it was safe to assume that a teenager “under the influence of a
40-year-old has been harmed in some way.”
It was unclear what kind of life the girl had with her family or why she had run
away in the past; Captain Blatter said they were “concerned” and “have been
cooperating with us.” He did not elaborate on Mr. Gault’s business relationship
with them, but the girl’s mother and stepfather own a dog kennel in Bloomfield.
Dan Milner, a sophomore at Bloomfield High School and a friend of the girl’s
older brother, said the two of them used to search for the girl when she
disappeared. “She was young and curious,” he said outside the school. “It was
always like she’d run away and come back home.”
Another student, Veronica Foster, who said she and the girl had been close in
middle school, said, “We all thought something happened to her.”
Connecticut Girl Missing
Nearly a Year Is Found in a Closet, NYT, 7.6.2007,
http://www.nytimes.com/2007/06/07/nyregion/07missing.html
Texas Mom Kills 3 Children, Herself
May 30, 2007
By THE ASSOCIATED PRESS
Filed at 9:59 a.m. ET
The New York Times
HUDSON OAKS, Texas (AP) -- Alejandra Estrada broke into her sister's trailer
because she wanted to know why she hadn't shown up at work.
Inside, she found Gilberta Estrada and Gilberta's four young daughters hanging
in a closet.
Gilberta Estrada, 25, and three of the girls were dead. The youngest,
8-month-old Evelyn Frayre, was alive but in dire need of medical care.
Alejandra Estrada pulled the infant from the noose and called 911. The child was
listed in good condition at a Fort Worth hospital, Parker County Sheriff Larry
Fowler said.
Fowler said the hangings appeared to be murder-suicide because the doors were
locked from the inside and a relative said Gilberta Estrada had been depressed.
He said they had last been seen alive Monday afternoon outside the trailer and
things had appeared normal.
''My mind cannot get around how all this can happen,'' Fowler said. ''It's
almost unthinkable.''
Filly Echeverria, who said she was the children's godmother, identified the dead
children as Maria Teresa Estrada, Janet Frayre and Magaly Frayre. Authorities
said they believed their ages were 5, 3 and 2.
Fowler said more information, such as how long they had been dead and whether
the children were drugged or suffocated before they were hanged, would be
released after autopsies Wednesday.
After hanging her daughters with pieces of clothing tied around a wooden board
that served as a clothes rod, Estrada apparently looped the noose around her
neck, leaned into it and buckled her knees to kill herself, Fowler said.
He said Gilberta Estrada had won a temporary restraining order in August against
Gregorio Frayre Rodriguez, believed to be the father of Evelyn and some of the
other youngsters, after a domestic violence incident involving Estrada.
Fowler said the couple had stopped living together in February. Tuesday was the
first emergency police call to the trailer, and Fowler said there was no
evidence that Frayre abused the girls.
A telephone listing for Frayre, 38, could not immediately be located.
Child Protective Services will decide who will take custody of the baby, Fowler
said.
Texas has had several children killed by their mothers in recent years.
Less than five years ago, another Hudson Oaks family was torn apart when Dee
Etta Perez, 39, shot her three children, ages 4, 9 and 10, before killing
herself.
Andrea Yates drowned her five children in the family's Houston bathtub in 2001.
In 2003, Deanna Laney beat her two young sons to death with stones in East
Texas, and Lisa Ann Diaz drowned her daughters in a Plano bathtub. Dena
Schlosser fatally severed her 10-month-old daughter's arms with a kitchen knife
in 2004.
All four of those women were found innocent by reason of insanity. Yates
initially was convicted of capital murder, but that verdict was overturned on
appeal.
Associated Press writer Jamie Stengle in Dallas contributed to this report.
Texas Mom Kills 3
Children, Herself, NYT, 30.5.2007,
http://www.nytimes.com/aponline/us/AP-Children-Killed.html
4 Dead in Home, Baby Hanging but Alive
May 29, 2007
By THE ASSOCIATED PRESS
Filed at 11:37 a.m. ET
The New York Times
HUDSON OAKS, Texas (AP) -- A relative found the bodies of a 23-year-old woman
and her four small daughters hanging in a closet in their mobile home Tuesday
morning, all of them dead but an 8-month-old, who was taken to a hospital, the
sheriff said.
The woman's sister, who also lived in the Oak Hills mobile home park, about 25
miles west of Fort Worth, found the bodies, Parker County Sheriff Larry Fowler
said.
He said the dead children were ages 5, 3 and 2.
The young survivor was taken to Cook Children's Medical Center in Fort Worth.
There was no immediate word on the child's condition.
The deaths were under investigation.
4 Dead in Home, Baby
Hanging but Alive, NYT, 29.5.2007,
http://www.nytimes.com/aponline/us/AP-Children-Killed.html
Youth, Gang Crimes Increasing
May 15, 2007
By THE ASSOCIATED PRESS
Filed at 6:05 a.m. ET
The New York Times
WASHINGTON (AP) -- Increasing violence among teenagers and other youths
appears to have contributed to a nationwide crime spike, the Justice Department
said Tuesday.
Gangs and gun violence are partly to blame for the rise in crime that is on pace
to increase for the second straight year, says Attorney General Alberto Gonzales
in a prepared speech.
In response, the Justice Department is pledging to spend nearly $50 million this
year to combat gangs and guns, and will push Congress to enact new laws to let
the federal government better investigate and prosecute violent crime.
FBI data from last fall show violent crimes, including murders and robberies,
rose by 3.7 percent nationwide during the first six months of 2006. Those
findings came on top of a 2.2 percent crime hike in 2005 -- the first increase
since 2001.
Faced with the discouraging data, Gonzales last fall ordered a study of 18
cities and suburban regions to show why crime is surging.
According to Gonzales' prepared remarks and a Justice Department fact sheet,
obtained by The Associated Press, the study found:
--That a growing number of offenders appear to be younger, and their crimes more
violent, and that laws in some states provide few, if any, tough penalties on
juvenile offenders.
--Many youths have little parental oversight and are too easily influenced by
gang membership and glamorized violence in popular culture.
--Loosely organized gangs present the biggest concern for law enforcement
officials because they are hard to investigate and their members often commit
random acts of crime out of self-protection.
--Offenses committed by people using firearms pose a major threat not only to
communities, but also to police. So-called ''straw purchases,'' where gun owners
buy their firearms through a go-between is an area of concern.
The Justice Department plans to distribute $18 million in grants nationwide this
year to prevent and reduce illegal gun sales and other firearms crimes.
Gonzales also will announce spending $31 million in new funds this year to
combat gangs, according to the Justice Department fact sheet. The department
also is working on a new crime bill to help federal authorities assist local and
state police in cases involving juvenile crime.
Youth, Gang Crimes
Increasing, NYT, 15.5.2007,
http://www.nytimes.com/aponline/us/AP-Crime-Cities.html
New York
Plan for DNA Data in Most Crimes
May 14,
2007
The New York Times
By PATRICK McGEEHAN
Gov. Eliot
Spitzer is proposing a major expansion of New York’s database of DNA samples to
include people convicted of most crimes, while making it easier for prisoners to
use DNA to try to establish their innocence.
Currently, New York State collects DNA from those convicted of about half of all
crimes, typically the most serious.
The governor’s proposal would order DNA taken from those found guilty of any
misdemeanor, including minor drug offenses, harassment or unauthorized use of a
credit card, according to a draft of his bill. It would not cover offenses
considered violations, like disorderly conduct.
In expanding its database to include all felonies and misdemeanors, New York
would be nearly alone, although a handful of states collect DNA from some
defendants upon arrest, even before conviction.
Mr. Spitzer is also seeking mandatory sampling of all prisoners in the state, as
well as all of those on parole, on probation or registered as sex offenders.
That expansion alone would add about 50,000 samples to the database, at a cost
of about $1.75 million, his office said. It did not provide an estimate of the
cost of taking DNA samples in all future convictions.
“This legislation will help us bring the guilty to justice and exonerate those
who have been wrongly accused,” Mr. Spitzer said in a statement. He plans to
introduce his bill this week.
The bill would make it easier for prisoners and defendants to obtain court
orders to have their DNA tested against evidence collected in their cases and to
have that evidence tested against the entire database of DNA, aides to the
governor said.
It also would allow prisoners who have pleaded guilty to seek DNA testing that
might prove them innocent, the aides said; some judges now decline such
requests.
Police officials and prosecutors nationwide have trumpeted DNA collection as one
of the most effective tools in law enforcement. New York’s database, for
example, now contains almost 250,000 samples and has produced matches in almost
4,000 cases, according to the state’s Division of Criminal Justice Services.
At the same time, DNA has become a useful tool for defense lawyers whose clients
proclaim their innocence long after their convictions.
According to the Innocence Project, a legal clinic affiliated with the Benjamin
N. Cardozo School of Law of Yeshiva University in Manhattan, DNA testing has led
to the exoneration of 23 people in New York who had been convicted of crimes,
and more than 200 nationwide.
By addressing concerns about access for the wrongly convicted, Mr. Spitzer may
have a better chance of gaining support among state lawmakers for an expansion
of DNA collection, said Assemblyman Joseph R. Lentol, a Brooklyn Democrat who is
chairman of the Codes Committee, which deals with criminal justice.
“I’ve always been in favor of the expansion of the database to all crimes, but I
want these protections to be put in place so that there’s a balance between
protecting the innocent as well as prosecuting the guilty,” Mr. Lentol said. “I
think the governor is on the right track doing it this way.”
Mr. Lentol acknowledged that his support for DNA testing in all convictions was
not in line with his colleagues in the Democratic majority in the Assembly, who
have repeatedly blocked bills passed by the Republican-controlled State Senate
that would have expanded DNA collection. The Senate passed such a bill again
this month.
Charles Carrier, a spokesman for Assembly Speaker Sheldon Silver, said he could
not yet comment on Mr. Spitzer’s proposal.
He said that in the past, Assembly Democrats have been reluctant to approve
wider DNA testing because of concerns about “the way evidence was cataloged and
stored, handled and controlled and processed.”
Some civil liberties groups oppose broader collection of DNA samples, out of
concerns about how they might be used beyond the justice system.
“Because DNA, unlike fingerprints, provides an enormous amount of personal
information, burgeoning government DNA databases pose a serious threat to
privacy,” said Christopher Dunn, associate legal director of the New York Civil
Liberties Union. “They must include strict protections to assure that DNA is
collected and used only for legitimate law enforcement purposes, such as
exonerating the innocent or convicting the guilty.”
John McArdle, a spokesman for Senate Majority Leader Joseph L. Bruno, said that
Mr. Bruno had not seen the governor’s bill and would not comment on it until he
had.
But Mr. McArdle said that Mr. Bruno supported the expansion of DNA collection to
the perpetrators of all crimes, as well as another proposal Mr. Spitzer has
included in his bill: giving prosecutors up to five more years to bring charges
in cases where DNA evidence has been collected but not yet matched to a
particular person.
New York has had a DNA database since 2000. Originally, it included samples from
people convicted of sex offenses and only certain felonies.
But it has been expanded twice in the last three years to include all felonies
and some misdemeanors, aides to the governor said.
Still, only about 46 percent of people convicted of crimes in the state are
required to submit to the collection of a DNA sample, which now is usually done
by swabbing the inside of the mouth.
Mr. Spitzer, a Democrat in his first year as governor, is not the first
political leader in the state to call for such an expansion. His predecessor,
George E. Pataki, a Republican, pushed for an “all crimes” bill.
Last year, Mayor Michael R. Bloomberg, a Republican, also campaigned for the
testing of everyone who is convicted, saying that murderers and rapists also
commit petty crimes and that mandatory DNA collection could lead to their
convictions for the more serious offenses.
But Mr. Spitzer is wrapping his proposal for expanding the database together
with ideas that are more likely to appeal to those who believe many defendants
are wrongly convicted.
He is seeking to require that prosecutors notify the court if they learn that
there may be DNA evidence that could exonerate a prisoner. Currently, state law
does not obligate prosecutors to volunteer that information, a lawyer in the
governor’s office said.
Mr. Spitzer’s proposal also calls for the creation of a state office that would
be responsible for studying all cases that resulted in exonerations and looking
for flaws in the system that led to those wrongful convictions. That office
would not be an independent body, often referred to as an “innocence
commission,” but a part of the Division of Criminal Justice Services.
Assemblyman Michael N. Gianaris, a Queens Democrat, is sponsoring a bill to
create an “innocence commission,” which is part of a package of legislation
relating to DNA testing that was introduced this month. The package includes a
bill proposed by Mr. Lentol that would expand prisoners’ access to the DNA
database.
Barry Scheck, the co-director of the Innocence Project, said that many of the
people his organization had helped to exonerate would have been freed much
sooner, or would not have been convicted at all, if the changes sought by Mr.
Lentol and his colleagues had been in place.
Mr. Scheck and his co-director, Peter Neufeld, were not prepared to comment on
Mr. Spitzer’s bill.
New York Plan for DNA Data in Most Crimes, NYT, 14.5.2007,
http://www.nytimes.com/2007/05/14/nyregion/14dna.html?hp
In Domestic Abuse, Digital Photos Can Say More Than Victims
May 7, 2007
The New York Times
By CARA BUCKLEY
Her body was crisscrossed with his rage. And after she slipped off her
clothes, wincing, the police officer photographed every welt. The bruises
marbling her upper arm. The places where her skin broke. Her striated back,
which looked as if it had been flogged with a cat o’ nine tails.
In the first raw hours after the attack, the 39-year-old woman, a mother of
five, tearfully told the police that her husband had whipped her with a cable.
She would later recant her story, and say she was suffering from a skin
condition caused by asbestos, a story that convinced no one.
But the Queens district attorney’s office pressed forward with the prosecution
anyway, armed with the damning digital photographs. Even though the victim
refused to testify, her husband was convicted in 2005 and got a one-year prison
term, largely, prosecutors believe, because of the pictures.
Providing digital cameras to the police is revolutionizing the prosecution of
domestic violence in New York City, according to district attorneys, victim
advocates and forensic technicians.
In Queens, the first borough to use the technology, prosecutors say there has
been a notable increase in conviction rates since the police there began taking
digital photos at domestic violence scenes about five years ago.
In 2002, the first full year digital cameras were used in Queens, prosecutors
saw a spike in felony domestic violence convictions. They said 81 percent of the
474 felony domestic violence cases resulted in convictions, compared with 52
percent of the 437 domestic violence cases in 2000, when the police still used
Polaroids, which yielded poorer quality, darker, grainy images that tended to
fade.
For misdemeanor domestic violence cases, 60 percent of the 3,948 cases ended in
convictions in 2002, compared with 51 percent of the 4,013 misdemeanor cases in
2000.
Digital cameras have now been placed in all of the city’s 76 precincts and nine
public housing police stations; as of last year, there were at least two in each
station house, according to Chief Kathy E. Ryan, of the Police Department’s
Domestic Violence Unit. And although the district attorneys in the other
boroughs say they cannot gauge the cameras’ effect on conviction rates, either
because it is too early or difficult to assess the impact of the cameras alone,
they all say digital cameras have vastly improved the way they prosecute
domestic violence cases.
“Even if there is an increase in convictions, it doesn’t tell us it’s because
the photographs are so much better,” said Penny Santana, chief of the domestic
violence bureau for the Bronx district attorney’s office. But, she added, the
use of digital pictures “has certainly enhanced our prosecution.”
For one thing, the cameras capture what Polaroids, and the human eye, often
miss. Defensive cuts on an outstretched hand. Bruises on the skin of women with
dark complexions. When the pictures are magnified, other wounds appear, like
broken capillaries, tiny cuts and jagged flaps of skin.
Police officers can also immediately transmit the pictures, by computer, to a
database available to prosecutors citywide. Before, with Polaroids, prosecutors
had to subpoena a police officer to take photographs to their office, a process
that could drag on for days.
Now, as soon as a photo is uploaded, prosecutors can immediately assess the
gravity of the wounds and decide how aggressively to pursue a case. The
digitally transmitted pictures are now also available for a defendant’s first
appearance in court, which experts say is a crucial time in domestic violence
cases.
“One of the most serious decisions a judge can take is to set bail instead of
sending the person home, where the battery continues,” said Richard A. Brown,
the Queens district attorney.
In Queens, Scott E. Kessler, who heads the district attorney’s domestic violence
bureau, has found that when the police take photographs, bail is set in nearly a
third of the cases. But without a photo, he said, the figure falls to 14
percent, with the rest of the defendants being released on their own
recognizance.
The reason, he says, is the extreme visceral reaction the photos elicit.
“When you’re in a front of a judge, you describe the injuries written in the
complaint, the bruising, the swelling, the blood,” Mr. Kessler said. “But until
a person sees another human being with those injuries, with the swelling, the
blood, the bruising, it’s hard to get that point across.”
Mr. Kessler is supporting an effort by City Councilman Eric N. Gioia of Queens
for money to be included in the next city budget to have digital cameras put in
every patrol car in the city, though Chief Ryan said officers responding to
domestic violence calls often bring the precinct’s camera with them.
Many police departments nationwide, including those in Los Angeles and Miami,
have begun using digital cameras in recent years. Other departments have been
slower to embrace the technology, often because they lack the money to buy the
equipment or the expertise to start an online database.
For departments that use cameras, there is often lag time before officers get
accustomed to them and learn how to take good pictures. In New York, Chief Ryan
said officers are starting to catch up with Queens. On average citywide, police
are now taking digital pictures in about half of the domestic violence cases
they respond to. That was an improvement, she said, from three months ago, when
they were being used in just 20 percent of the cases.
Justice John M. Leventhal of State Supreme Court in Brooklyn, the first judge to
preside over the nation’s first court to handle felony domestic violence cases
exclusively, said the images speed up the judicial process. Faced with graphic
documentation of the crime, an abuser is often quicker to agree to a plea deal,
experts say. Conversely, charges are dropped more quickly if the photographic
evidence is scant.
“The cases that should be tried are,” Justice Leventhal said. “And the cases
that shouldn’t won’t be.”
Victims reluctant to go to a precinct house out of fear or shame may be willing
to consent to having their pictures taken. Photos taken at the scene of an
attack often paint a fuller picture, capturing smashed furniture, blood on
floors or walls, phone cords ripped from their sockets or cellphones snapped in
two.
Ward Allen, a forensic imaging consultant with SDFI-Telemedicine, a forensic
photography company based in California, said digital photos have also revamped
the investigation of sex crimes. Tiny cameras can photograph minuscule internal
injuries, he said, and the images can now be sent, securely, virtually anywhere
in the world.
The cameras also lift some of the burden of proof from victims, advocates say.
Instead of having to testify, photos of wounds, often blown up for the
courtroom, can speak for a victim. This has helped prosecutors in what are known
as “victimless trials,” in which victims refuse to testify, a common thread in
domestic violence cases.
The vast majority of domestic violence victims do not report their injuries,
prosecutors say. Of those who do, most later minimize or change their stories,
like the woman who was whipped with a cable. The detailed photos, along with the
admissibility in court of what are known as “excited utterances,” or what the
victim reports to the police immediately after the crime, help a prosecutor’s
case.
There has been criticism about trials proceeding without the victim’s consent or
against their will. Some believe it makes victims vulnerable to more violence,
especially if they stay with their attackers. But others say victimless trials
tell offenders that they are still facing legal consequences.
“It sends a message to offenders that that’s a crime, and that it’s going to be
pursued no matter what the victim may or may not want,” said Maureen Curtis,
senior director of Safe Horizon, the largest crime victims organization in the
country.
In Queens, prosecutors are now in the midst of a particularly grisly victimless
trial. The attack happened in February, on a darkened street in Springfield
Gardens. A 23-year-old woman was repeatedly slashed in the face, and later,
hysterical and bleeding profusely, told the police that her husband had attacked
her with a razor blade and snatched her baby. The baby was found, and the woman
later retracted her story. But the prosecutors had a photo of her taken soon
after the attack, staring balefully at the camera, her lip split open, crescents
of flesh missing from her left eyelid and cheek.
Her husband was indicted and is now on trial, according to Pamela J. Papish, an
assistant district attorney. “Because of photos,” she said.
In Domestic Abuse,
Digital Photos Can Say More Than Victims, NYT, 7.5.2007,
http://www.nytimes.com/2007/05/07/nyregion/07cameras.html
Mo. Teen
Brutally Stabbed on School Bus
May 4, 2007
By THE ASSOCIATED PRESS
Filed at 1:22 p.m. ET
The New York Times
STEELE, Mo.
(AP) -- A teenager boarded a school bus with a hunting knife and stabbed another
student more than a dozen times before bystanders could pull him away, police
and the victim said.
John Moore, 14, was in good condition Friday, two days after the attack. The
suspect, also 14, was put in juvenile custody. No motive has been determined.
A hearing is planned for Monday to determine if the suspect should be charged as
an adult, said Sheriff Tommy Greenwell, adding that his office will likely ask
prosecutors to consider a charge of attempted murder.
The stabbing happened as John got on the South Pemiscot School bus on Wednesday
and headed toward the back, where the suspect was sitting, the sheriff said.
John said the attack came as a surprise.
''He was like, what's up? So I was like, what's up too. I turn around and he
starts stabbing me,'' he told Fox News Channel in an interview aired Friday. ''I
scooted up 3 feet and I fall down, and he keeps on stabbing me. Just stabbing
me, stabbing me, stabbing me.''
The bus driver pulled into a convenience store parking lot and began calling for
help, Greenwell said. The store owner and other bystanders managed to pull the
suspect off the bus and disarm him.
''I was just wondering if I was going to die and if my 6-year-old sister was
watching, because she must be traumatized from seeing that,'' John said.
John said he was stabbed 20 times and had a collapsed lung.
A few other students were on the bus, but no one else was hurt, Greenwell said.
Pemiscot County is in Missouri's southeast corner.
Mo. Teen Brutally Stabbed on School Bus, NYT, 4.5.2007,
http://www.nytimes.com/aponline/us/AP-Bus-Stabbing.html
A Case of Rough Play, or More, That Turned Fatal in Queens
April 29, 2007
The New York Times
By ELLEN BARRY
On a recent afternoon behind Public School 127 in East Elmhurst, Queens, two
girls in jeans and parkas crouched on the ground, track-and-field-style, and
then skipped the length of the basketball court. Boys flung a ball back and
forth with maniacal energy. There was no reminder of the moment that passed here
a month ago, when one 13-year-old boy struck another on the head and the second
sat down, in pain.
But in two homes in East Elmhurst, that moment goes on and on.
On 100th Street, a family is mourning the boy who was hit, Guarionex Montas, who
died March 24 of a skull fracture and bleeding in his brain. Miguel Cepeda
cannot shake the memory of holding Guarionex, his nephew, that night, when
bloody foam began to flow from his nose and mouth so fast that Mr. Cepeda used a
roll of Bounty trying to soak it up.
A cousin remembers quieter things about the boy, known as Guachy (pronounced
GWA-chee): How he wanted to be a detective, how he had trouble pronouncing the
letter R. He was, she said, “the loved one out of the whole family.”
Ten blocks away, another family is frightened for their own boy, a gangly
seventh grader who faces a charge of third-degree assault. When he was arrested
and taken to a juvenile center, his uncle flew in from Los Angeles, and 20
supporters showed up for hearings in Queens Family Court. Borough President
Helen Marshall, a neighbor in East Elmhurst, was so concerned that she offered
to supervise him when he was released.
“Whatever happens, this child has to be cleared of this thing,” she said in an
interview.
In the coming months, the justice system will struggle to find an appropriate
punishment — if any — for an act that seems to fall into the murky area between
play and violence. Defense attorneys say the boys were engaged in slap-boxing,
an ordinary form of adolescent horseplay; prosecutors say the boy hit Guachy in
the head with a hard object and then threatened to hurt him and his brother if
they reported it. As the case progresses, East Elmhurst is torn along an
invisible line, with two large families mobilized in the name of their sons.
“This is a very tragic case, and also a very difficult case,” Judge Rhea
Friedman said at a hearing earlier this month. “It is distressing to have to
make critical decisions with so little information, frankly.”
The two boys were friendly, by all accounts. Guachy’s mother moved her four
children to East Elmhurst from the South Bronx a year ago, hoping to raise them
in a safer, more middle-class neighborhood. The family of the other boy — The
New York Times is withholding his name because he is being charged as a juvenile
— has lived in East Elmhurst since the 1950s, when it was one of the few
neighborhoods where black families could buy a house.
He gave the police his account of what happened on March 23. The afternoon began
with a trip to McDonald’s and a visit to a friend’s house to play Xbox 360.
After that, he said, the group “went to the handball court to slap-box.”
His uncle, a video producer and editor who lives in Los Angeles, said
slap-boxing, done with an open hand, is a longstanding and benign tradition in
the neighborhood.
“It’s part of how you develop a reputation for being able to stand up for
yourself,” he said. “It’s sort of like an entry into your teen years. It’s like
cubs fighting. Whoever’s the quickest tends to win.”
In this case, the boy told police, Guachy got hurt. He said he hit Guachy in the
temple, and that Guachy sat down, complaining of a headache. Guachy’s brother
Jose, a 15-year-old who attends the sixth grade at P.S. 127, said it was time to
go. When Jose went to fetch their coats, the boy said in the statement, Guachy
hit his head a second time, on a pole, but no explanation was offered in the
first court appearance as to why he did so. The boy also reported that Guachy
had been drinking alcohol.
Guachy’s uncle Casimiro Cepeda said Guachy did not drink, and noted that the
blow to the head came just an hour after school had let out.
Guachy and Jose walked five blocks to their apartment. Neither said anything to
their mother or stepfather about what had happened, but Guachy went to bed,
saying he felt sick. He woke up complaining of pain and swelling, so his
stepfather stepped out to buy Advil. A few hours later, Jose saw blood pouring
from his brother’s nose and mouth.
Hours passed in the hospital before the doctors gave the results of a CT scan:
Guachy’s skull had been fractured and a vein had burst, Mr. Cepeda recalled. He
was declared dead at 10 the next morning.
The family pressed Jose to explain what had happened. At first, he said the
injury had happened accidentally — a flying elbow in a basketball game — but
then he changed his story. Later, when the family was in the Dominican Republic
for Guachy’s funeral, Jose told authorities that the other boys had threatened
that he would be “stabbed or jumped” if he told the truth.
Now, Jose told them, he felt safe enough to say that the boy “took an object and
hit the decedent in the head,” as the city’s lawyer, Theresa Wilson-Campbell,
put it in court. Ms. Wilson-Campbell said that when the police executed a search
warrant at the boy’s home, they found a small black umbrella with a wooden
handle that the authorities believe might be the weapon.
Other boys at the playground gave “widely different accounts,” describing the
two boys as “playing,” said Melanie Shapiro, a defense lawyer, at the hearing.
Everyone described them as close friends, she said.
The boy who hit Guachy was one of the mourners at his wake in Queens on March
27; Guachy’s relatives remember that he dropped off a card and a stuffed rabbit.
On March 30, he was arrested.
Prosecutors for the City Law Department, which handles juvenile delinquency
cases, are not allowed to discuss pending cases publicly. But a typical
investigation would begin by seeking facts, said Laurence Busching, the Law
Department’s family court division chief: Where were the kids in relationship to
each other? How big or small were they? Were these “two kids who have been
playing all along and something just happened, or is there some motive and some
reason it changed from play to something else?” How much harm are they
physically capable of inflicting?
“Even though you have great emotional responses, you still have to put those
things aside and focus on what are the facts,” Mr. Busching said.
The charge at the boy’s arrest was manslaughter — which could bring a penalty of
18 months in a juvenile center — and he was detained. When the deadline arrived
to file, though, the city could present evidence only for two lesser charges of
third-degree assault, a misdemeanor that could bring a maximum penalty of a year
in a juvenile center. After a juvenile is placed with the Office of Children and
Family Services on a delinquency case, the agency can seek to extend the
placement year by year until his 18th birthday.
Kim McLaurin, the head attorney at the Legal Aid Society’s Queens juvenile
rights division, said taking the boy from his home could prove particularly
damaging.
“On the one hand, you do appreciate the fact that a child has died,” she said.
“But you don’t want to prejudge, because the stakes are high.”
In court, Ms. Wilson-Campbell argued that the boy had a history of being
aggressive, and said the principal of P.S. 127 was trying to remove him from
school because of discipline problems.
She also quoted from a notebook found in a search of the house, which described
him as the leader of a gang of 50 boys, and said that “they sent out their boys
when somebody messes with them.”
“It seems to be part fiction and part journal,” she said of the writings.
Judge Friedman seemed skeptical, and ordered the boy released to his mother,
warning him sternly against having contact with members of Guachy’s family. She
noted that his school records showed good attendance and did not reflect a
“dangerous or aggressive youngster,” and that he had no juvenile police record.
“I do not see the nexus between any alleged gang activities and, for lack of a
better word, dangerousness,” she said.
She found probable cause for one count of third-degree assault. “It is either a
terrible accident gone wrong, or it may be something that rises to the level of
penal law,” she said. “We don’t know the answer to that.”
The Cepedas buried Guachy in Villa Altagracia, a seaside city in the Dominican
Republic, where his mother grew up. They were still there when they heard that
the boy had not been charged with manslaughter, and it angered them to hear that
elected officials like Ms. Marshall had come out in his support.
Guachy’s mother and stepfather met on Friday afternoon with Councilman Hiram
Monserrate, who represents East Elmhurst. Edwin Hernandez, 33, a cousin, said
they believe the beating “had something to do with a gang in school, maybe an
initiation or something, where they take one of the weakest kids.”
“It is not justice,” said Mr. Cepeda, Guachy’s uncle . “You see people working
for the city trying to save this guy. You know the thing he did; he didn’t break
a window.”
The other boy’s family and their supporters are, for their part, fiercely
protective.
“I don’t know where he’s going in life, but I’m going to make sure that he gets
there,” said Ms. Marshall, who allowed the boy to stay in her office at Borough
Hall for two days when he was released. Relatives are particularly angry that
prosecutors have said that he was affiliated with a gang. His uncle called that
notion “laughable.”
“I know the kid,” he said. “He doesn’t even backtalk. He doesn’t have the
temperament for that.”
A Case of Rough Play, or
More, That Turned Fatal in Queens, NYT, 29.4.2007,
http://www.nytimes.com/2007/04/29/nyregion/29punch.html
NY Man Charged in Attack on 101 - Year - Old
April 28, 2007
By THE ASSOCIATED PRESS
Filed at 9:16 p.m. ET
The New York Times
NEW YORK (AP) -- A man accused of beating and mugging a 101-year-old woman
and two others was arraigned Saturday on charges that included hate crimes,
authorities said.
Jack Rhodes, 44, was held without bail on charges of robbery, grand larceny,
burglary and assault. Some of those charges were listed as hate crimes because
two of the women were at least 60 years old. Authorities said Rhodes targeted
the women because of their age, a violation of the New York State Hate Crimes
Act of 2000.
Rhodes, whose last known address was in Queens, was arrested Friday on unrelated
drug charges.
Police questioned him after noticing he matched a photo of a person wanted in
the attacks, including one on Rose Morat, 101, whose March 4 beating was caught
on surveillance tape.
The grainy images show Morat, who was using a walker, trying to leave her
apartment building when a man attacked her and hit her in the face. Morat
suffered a fractured cheekbone and bruises. Her assailant got away with $33 and
her house keys.
The footage caused public outrage and the NYPD assigned dozens of detectives to
the case. The NYPD showed the surveillance video to every uniformed officer in
the city.
Rhodes is also accused of attacking 85-year-old Solange Elizee, 51-year-old
Angela Khan and burglarizing a building. All the attacks took place in Queens.
He faces up to 25 years if convicted. A message left with his lawyer was not
immediately returned Saturday.
''I am so sorry for what happened,'' Rhodes said as he was led out of a police
station, the New York Post reported Saturday.
NY Man Charged in Attack
on 101 - Year - Old, NYT, 28.4.2007,
http://www.nytimes.com/aponline/us/AP-Elderly-Woman-Robbed.html
Body Found in Burned Home After Manhunt
April 26, 2007
By THE ASSOCIATED PRESS
Filed at 2:08 a.m. ET
The New York Times
MARGARETVILLE, N.Y. (AP) -- Authorities recovered a body Wednesday night from
the shell of a house that burst into flames just as police were storming in
during a hunt for a man suspected of shooting three state troopers, one fatally.
Police could not immediately confirm the body was that of Travis D. Trim, a
23-year-old whom police had been looking for since a trooper was shot during a
routine traffic stop Tuesday in rural upstate New York.
But they said they believed it was the same person who shot two other troopers
earlier in the day, because the body was found slumped in a doorway holding a
rifle in the same area where shots were fired, said Preston Felton, acting
superintendent of the New York State Police.
''It's reasonable to say he had no intention of coming out of there alive,''
Felton said.
Authorities believed Trim holed up in the farm house amid a manhunt in eastern
New York. The home, located in the hamlet of Arkville, includes two red barns
and was described by neighbors as a weekend residence.
How the fire started wasn't known. Sharpshooters were in position and
authorities had fired tear gas into the home just before the flames began.
Felton said that the suspect might have set the fire, or that tear gas fired
into the home could have ignited something.
The saga began Tuesday, when police said a trooper stopped Trim in a stolen
minivan for a minor traffic infraction in the Margaretville area.
When Trim failed to provide identification, Trooper Matthew Gombosi told him he
was under arrest, said Preston L. Felton, acting superintendent of the State
Police.
Then, Felton said, Trim pulled a handgun from his waistband and shot Gombosi.
His body armor kept him from being seriously injured, but the suspect escaped,
police said.
Police swept the area and found the stolen Dodge Caravan abandoned on a road in
nearby Middletown.
Wednesday morning, Troopers David C. Brinkerhoff and Richard Mattson were shot
while searching the farm house for Trim, Felton said. Shots came from the home
and police fired back, authorities said, but didn't know if they struck the
person inside.
The wounded troopers were pulled from the house by two other officers who were
helping search the farm.
Brinkerhoff, who was shot in the head, died shortly afterward. Mattson, wounded
in the left arm, was in serious but stable condition after surgery at Albany
Medical Center, where he had been taken by helicopter.
Brinkerhoff, 29, an eight-year member of the state police, is survived by his
wife and a 7-month-old daughter.
Felton said it could take a day or two to identify the body found in the home.
The home's owner, Rommel Aujero, was aware that it burned and ''appears to be a
very understanding man,'' Felton said. A number for Aujero could not be located.
The standoff came seven months after the arrest of a man who also shot three
troopers, one fatally, during a months-long manhunt in western New York.
Last summer, Ralph ''Bucky'' Phillips led police on a five-month manhunt
throughout heavily wooded western New York after breaking out of a county jail.
He shot one trooper during a traffic stop and two others who were searching for
him. One of those troopers died.
Phillips was captured in September and is serving two life sentences. After that
manhunt, the union that represents state troopers sharply criticized the way
state police officials managed the search.
Trim had a record of arrests for nonviolent crimes, but his grandmother said he
had tried to turn his life around.
''He wanted to go to college. We talked to his probation officer to help fix it
up,'' Ruth Trim said by phone from her home in Dickinson Center before the body
was recovered. ''I'm devastated. He was going to go to college to make something
of himself.''
Trim had been enrolled briefly at the State University of New York-Canton but
withdrew in November, said Randy Sieminski, a school spokesman. He was
registered in the school's motorsports performance and repair program.
Trim's family and officials at schools he attended were stunned to hear he was a
shooting suspect.
''It's all so bizarre,'' said Mark Hill, a SUNY-Canton instructor who had Trim
in a freshman class. ''He had no bad dealings here. He got along with everyone
and worked well in team settings.''
At the state Capitol on Wednesday, the Republican state Senate leader demanded
the Democratic governor use his influence to bring back the death penalty,
saying it had apparently become ''open season on law enforcement people.''
A New York Court of Appeals ruling in 2005 effectively nullified the death
penalty in the state. Senate Majority Leader Joseph Bruno said his chamber would
approve legislation next week to bring it back for the killing of police
officers and prison guards and in cases of deaths caused by terrorists.
Body Found in Burned
Home After Manhunt, NYT, 26.4.2007,
http://www.nytimes.com/aponline/us/AP-Trooper-Shooting.html
F.C.C. Moves to Restrict TV Violence
April 26, 2007
The New York Times
By STEPHEN LABATON
WASHINGTON, April 25 — Concerned about an increase in violence on television,
the Federal Communications Commission on Wednesday urged lawmakers to consider
regulations that would restrict violent programs to late evening, when most
children would not be watching.
The commission, in a long-awaited report, concluded that the program ratings
system and technology intended to help parents block offensive programs — like
the V-chip — had failed to protect children from being regularly exposed to
violence.
As a result, the commission recommended that Congress move to limit violence on
entertainment programs by giving the agency the authority to define such content
and restrict it to late evening television.
It also suggested that Congress adopt legislation that would give consumers the
option to buy cable channels “à la carte” — individually or in smaller bundles —
so that they would be able to reject channels they did not want.
“Clearly, steps should be taken to protect children from excessively violent
programming,” said Kevin J. Martin, the agency’s chairman and a longtime
proponent of à la carte programming. “Some might say such action is long
overdue. Parents need more tools to protect children from excessively violent
programming.”
The commission report, which was requested by Congress three years ago, was
sharply criticized by civil liberties advocates and by the cable television
industry for proposing steps that both said would be too intrusive.
“These F.C.C. recommendations are political pandering,” said Caroline
Fredrickson, director of the Washington legislative office of the American Civil
Liberties Union. “The government should not replace parents as decision makers
in America’s living rooms. There are some things that the government does well.
But deciding what is aired and when on television is not one of them.”
She added: “Government should not parent the parents.”
A spokesman at the National Cable and Telecommunications Association, Brian
Dietz, said consumers “are the best judge of which content is appropriate for
their household.”
“Simple-sounding solutions, such as à la carte regulation of cable TV packages,
are misguided and would endanger cable’s high-quality family-friendly
programming, leaving parents and children with fewer viewing options,” he said.
Executives at the major networks said that they wanted to study the report,
which was released Wednesday evening, before commenting.
A spokesman for the National Association of Broadcasters, Dennis Wharton, said
that broadcast television was “far more tame than programming found on pay TV in
terms of both sex and violence.”
Noting that the association, along with all the networks and major cable groups,
is in the middle of a $300 million marketing effort to help educate parents
about the V-chip and other technology to block programs, Mr. Wharton said,
“Should this not be given a chance to work?”
The report and accompanying recommendations set the stage for a political battle
between the commission and three powerful interest groups — the broadcasters,
the cable TV industry and satellite television.
It comes on the heels of efforts by the agency to penalize radio and television
stations for violating the indecency rule. Those penalties have been challenged
in courts on the grounds that they violate the First Amendment.
The outcome of the cases, which could wind up in the United States Supreme
Court, could determine whether the government would have the authority to impose
limits on violent programs.
The report said that research on whether violent programming had caused children
to act more aggressively was inconclusive. But it also cited studies, including
one by the surgeon general, that say exposure to violent content has been
associated with increased aggression or violent behavior in children, at least
in the short term.
It said that the V-chip and other blocking technology had failed because,
according to recent studies, nearly 9 out of 10 parents do not use them And the
ratings system was of limited use, the study found, because less than half of
parents surveyed had used it.
In addition, many also believed the ratings were inaccurate. Mr. Martin and
other supporters of à la carte programming say that it would be easier to put in
place than content-based regulations because it would not face the same First
Amendment challenges.
“There is no First Amendment right to get paid for your channels,” Mr. Martin
said. “All of the versions of à la carte would keep government out of regulating
content directly while enabling consumers, including parents, to receive the
programming they want and believe to be appropriate for their families.”
The groups supporting such an approach range from Consumers Union to the Parents
Television Council, an organization that has lobbied for more stringent
penalties for obscene and violent programs.
But such a proposal faces formidable obstacles in Congress because of the
influence of the industries involved. The cable industry has fought hard against
new regulations and has said that attempts to force à la carte programs would
prompt the closing of many educational and local stations.
The broadcasters say that it would be difficult to formulate a definition of
“violence” and that tougher regulations could wind up censoring otherwise
legitimate programs.
But Mr. Martin rejected that argument, noting that the industry has already
formulated ratings to describe the level of violence in programs, and therefore
government-imposed limits on when programs could run would be constitutional.
A leading sponsor of efforts to force cable companies to offer à la carte
services has been Senator John McCain, Republican of Arizona. But he is spending
less time in Congress these days as he begins his campaign for president.
F.C.C. Moves to Restrict
TV Violence, NYT, 26.4.2007,
http://www.nytimes.com/2007/04/26/business/media/26fcc.html
Arrest Made in 'Bishop' Pipe Bomb Case
April 25, 2007
By THE ASSOCIATED PRESS
Filed at 9:03 a.m. ET
The New York Times
CHICAGO (AP) -- Authorities arrested a suspect Wednesday morning in the case
of two dud pipe bombs that were mailed to companies in Chicago and Kansas City
along with letters signed ''The Bishop,'' the U.S. Postal Inspection Service
said.
The postal inspection service did not immediately release any further details. A
news conference was expected later Wednesday.
Investigators have said ''The Bishop'' mailed more than a dozen letters to
financial institutions for 18 months and appeared to have ties to the Chicago
area.
The letters include references to heaven and hell and threats made to recipients
if their stock did not move by $6.66; the number '666' is associated with Satan.
Two dud pipe bombs mailed to companies in Chicago and Kansas City in January
included threatening letters with phrases such as ''Bang you're dead'' and
''Tic-toc.''
Arrest Made in 'Bishop'
Pipe Bomb Case, NYT, 25.4.2007,
http://www.nytimes.com/aponline/us/AP-Pipe-Bombs.html
Bus Violence Rattles Minn. Riders
April 25, 2007
By THE ASSOCIATED PRESS
Filed at 1:55 a.m. ET
The New York Times
MINNEAPOLIS (AP) -- Commuters in the Twin Cities have been rattled by a
series of attacks on buses in recent weeks, including two killings, and police
have stepped up patrols of mass transit to safeguard worried passengers. Transit
officials insist the three violent crimes since early March were isolated
problems.
''I'm not minimizing how serious this is, but I guess my perspective has to be
that we provided 74 million rides last year with only a few minor incidents,''
said Dave Indrehus, the police chief for Metro Transit. ''We've got a safe
system.''
Kevin Davis is among the passengers who are increasingly concerned for their
safety. He now avoids interacting with other commuters.
''I don't look at anybody on the bus. I don't talk to anybody on the bus. I just
look down and mind my own business,'' Davis said Tuesday as he waited at a stop
along Route 5, considered the city's most rough-and-tumble route.
Acording to the Federal Transit Administration, there were only eight homicides
on buses and commuter trains nationwide from 2002 to 2006, with the most in a
single year being four in 2003.
''You shouldn't have to worry about something so simple as riding on a bus,''
said Davis, who doesn't have a car.
In the first attack, a man trying to calm down rowdy behavior on a bus in
Minneapolis was shot in the chest March 8 but survived. A 15-year-old boy was
facing attempted murder charges.
Four days later, a 60-year-old man who had been yelling at a bus driver in
Minneapolis died after another passenger punched him in the face, causing him to
fall backward and hit his head on the pavement. The other passenger, a
47-year-old man, was charged with second-degree murder.
Early Sunday, a 16-year-old boy was shot to death on a bus in downtown St. Paul.
Authorities arrested a 17-year-old boy who they say knew the victim.
It's all been enough to worry the thousands of Twin Cities residents who rely on
buses, the most popular means of public transportation in the area.
''I see a lot of messed-up stuff, and that's all the time,'' said Rosealee
Jones, a Minneapolis woman who commutes to work by bus. ''You get afraid
something's going to happen, but usually it's just big talk -- kids acting
foolish. I don't like to think that's changing.''
Indrehus said the violence on buses is a ''reflection of what happens in the
communities that they serve.''
Transit police are increasing the number of officers on buses, with six to eight
officers now spending a full shift on a bus each day and others rotating through
for partial shifts.
On Monday, Minneapolis Mayor R.T. Rybak proposed spending $500,000 for safety
improvements such as increasing police patrols along Route 5.
Indrehus said Metro Transit is installing more security cameras on buses. It's
also encouraging MAD DADS, a national men's group that seeks to provide positive
role models for troubled youth, to increase its recent practice of bus
ride-alongs on some urban routes.
''We want to be there before people starting getting outrageous, to calm them
down and get them in a positive frame of mind,'' said V.J. Smith, president of
the Minneapolis chapter.
Riders said they are happy to see anything that would make their travels safer.
But all agree the most effective measure will be having more officers along for
the ride.
''The police are going to have to step it up,'' said Eddie Lipsco, who said he's
disabled and needs the bus to get to his doctor's appointments. ''That's the
only thing that's going to make these punks settle down.''
------
On the Net:
Metro Transit: http://www.metrotransit.org
Bus Violence Rattles
Minn. Riders, NYT, 25.4.2007,
http://www.nytimes.com/aponline/us/AP-Bus-Attacks.html
9 Killings in 3 Months Spur Change in Trenton
April 8, 2007
By KAREEM FAHIM
The New York Times
TRENTON, April 4 — The homicide rate in this city is soaring, and the police
know retaliation can only make things worse.
That means detectives need to find the man who shot and killed Matthew Brunson,
in a grassy lot behind Dee Dee’s Lounge and Liquor Store, before Mr. Brunson’s
buddies do. “They said, ‘Don’t worry about it, Mama, we’re going to get them,’ ”
Mr. Brunson’s mother, Maria DeLeon, recalled her son’s friends telling her after
he was killed on March 20. “I told them, ‘No, I don’t want to see no more
violence.’ ”
Mr. Brunson, 27, was the eighth of nine people killed in the first three months
of the year, up from two homicides in the same period last year.
The rash of killings has shaken this city of 85,000 people and strained the
resources of the Police Department’s eight homicide detectives, some of whom are
working 18- or 20-hour shifts. With arrests in only two of the nine cases, the
authorities have variously attributed the violence to the availability of guns,
to gang members disrespecting one another or simply to the kind of bloodshed
that often follows the drug trade.
In March alone, seven people were killed, a monthly total higher than anyone
here can remember; at this pace, the annual homicide rate would top the 31
recorded in 2005, the most reported in four decades. Already, the nine homicides
are more than the full year’s total recorded in 1999, 1994 and 1985.
The authorities have tried to calm residents by saying the violence seems
confined to conflicts within a small circle of men.
Investigators say they have been hindered by a lack of cooperation from a public
frozen by a history of witness intimidation and retaliation, especially in
neighborhoods like the West Ward, where the latest killing, of an 18-year-old
man on March 26, caused a few residents to say it was time to move. “The fear is
real,” Trenton’s mayor, Douglas H. Palmer, acknowledged. “But what we need is
for the citizens to give us anonymous tips, and not to tolerate this kind of
behavior.”
Capt. Joseph Juniak, who oversees 67 detectives as chief of the Trenton police
force’s Criminal Investigative Bureau, offered little detail about the open
homicide investigations, saying there were many theories about the motives,
ranging from simple street robberies to the meting out of violent discipline
within gangs.
“I remember a time similar to this, when crack was introduced to the streets,”
he said. “Unfortunately, in urban areas, it’s a way of life.”
Other cities in the region have also been seized by rising violence. In
Philadelphia this year, there were 104 homicides through April 2, a significant
increase over the same period last year. Newark’s homicide rate is also up
slightly this year, despite an overall drop in crime.
“I hope this is just one of those streaks,” said Captain Juniak, who took over
the department’s detective bureau two weeks ago.
Joseph J. Santiago, the department’s director, called the spate of homicides in
March “extraordinary,” particularly because of what he described as a “highly
unusual victim profile.”
Several of the victims lived outside Trenton, and they included men ages 50, 43
and 27 — beyond the 18- to 24-year-old range detectives are most used to seeing.
In many of the cases, investigators say, the killings seem less like gang
warfare, and more like violence stemming from narcotics sales.
Also puzzling is the accompanying drop in most of the city’s other crime
categories, including sexual assaults, auto theft and robbery, which are all
lower than in the same period last year. But the homicides are enough: In part
to prevent violent retaliations, the police have established a large presence in
some parts of the city in recent weeks, especially near the housing projects.
Around the Wilson-Haverstick project, where Naquan Archie, 18, was shot and
killed on March 26, the police “stop and challenge” groups of young men, asking
what they are doing and where they are headed. In the evenings, the police
footprint grows, giving the neighborhood the appearance of a crime scene. A
truck parked near the housing project is a mobile base for officers in the area,
and inside on a recent day, an officer peered at maps of the neighborhood.
Capt. Paul Messina, the department’s head of patrol, said the Wilson-Haverstick
operation was one of five such special patrols now operating throughout the
city.
There are some who say it is not enough. Tony Mack, a Freeholder who ran for
mayor, called the police response “reactive,” saying a larger, permanent police
presence was needed in more than a dozen trouble spots in the city.
Mr. Santiago said the police were paying attention to areas with a history of
crime, adding that the attention to some neighborhoods after violence prevented
further outbreaks.
The Federal Bureau of Investigation offered the police its help, including
software to help manage cases and track leads, Mr. Santiago said. But some of
the investigators said they did not have time to learn how to use the software.
“Yes, you do,” Mr. Santiago said he had replied.
The rising violence in Trenton is part of a nationwide pattern, said Chuck
Wexler, the executive director of the Police Executive Research Forum. His
organization released a report last month that showed large increases in violent
crime in spots across the country since late 2005, especially in midsize and
larger communities like Trenton, and Prince George’s County, Md., which has seen
a similar surge in its homicide rate this year, with 11 killings in as many days
in March.
“We don’t see this in smaller cities, and we didn’t see this five years ago,”
Mr. Wexler said.
For Tamala Whittington, 40, who lives in the Wilson-Haverstick houses, the
violence does not so much surge and recede as simply lurk. Last year, she sent
her 11-year-old son to live with his aunt a short drive away from the projects
after a stray bullet hit a 7-year-old girl in the face as she rode her bicycle.
The girl survived. After the shooting of Mr. Archie last month, Ms. Whittington
said, she, too, has decided to move, perhaps to nearby Lawrenceville.
“I try not to stay outside,” Ms. Whittington said. “I’m always looking. I’m in
my car, and I’m gone.”
The first day of 2007 brought Trenton’s first homicide, of Steven D. Mason, 43.
Less than a week later, Antonio Green, 23, was shot and killed in an apparent
robbery. Two people have been arrested in connection with Mr. Green’s death.
February was quiet. Then the violence exploded.
On March 5, 20-year-old Rajeem Denson — who made the newspapers at age 11 after
his near-drowning during a swimming class led to a state law governing swimming
instructors in public schools — was shot and killed outside his home.
The next day, there were two more: Jarrett James, 18, and Sidibrima Joseph
Massaquoi Jr., 23, who was fatally shot in the basement of the house where he
lived with his girlfriend, said his father, Sidibrima Joseph Massaquoi Sr.
“The death certificate said there were multiple shots,” Mr. Massaquoi said. “One
to his heart. The other perforated his lungs.” He said that he did not know why
his son was killed, but that his son and his girlfriend had fought about another
man recently.
“I think it’s somebody that both of them knew,” Mr. Massaquoi said of his son’s
killer.
Robert Fiorello, who leads an antigang program for a nonprofit group called PEI
Kids, said Mr. James, the other March 6 victim, worked for him for two summers
as a peer mentor and was not in a gang.
“He was like a son to me,” Mr. Fiorello said. “He was a good kid with a few
frailties.”
Edgar Rios, a homicide detective and a 26-year veteran of the department, is
investigating three of this year’s killings, including those of Mr. James and
Mr. Brunson. His work gets harder by the year.
“Years ago, they would tell us basically anything we want to know,” he said of
residents. “Now they’re scared for their life. All you can do is keep going back
at them, and treat them nice. Let them know you need their help.
“But it takes time,” he added.
9 Killings in 3 Months
Spur Change in Trenton, NYT, 8.4.2007,
http://www.nytimes.com/2007/04/08/nyregion/08trenton.html
Home Where Family Died Is Now Safe Haven
April 8, 2007
By MELODY SIMMONS
The New York Times
BALTIMORE, April 7 — For most of the last five years, the charred corner
house in a blighted East Baltimore neighborhood stood vacant, a symbol of all
that could go wrong in an urban war on drugs.
Last week, though, that changed.
The sound of children’s laughter once again fills the row house, which made
headlines in 2002 when a drug dealer kicked open the front door in the middle of
the night and set it ablaze, killing Angela Dawson, a neighborhood crusader; her
husband, Carnell; and their five children, ages 9 to 14.
The house has been renovated as the Dawson Safe Haven Community Center, and
officially opened last week.
“We will not let them be forgotten,” said Pamela V. Carter, 53, director of the
center. “The tragedy put a great cloud over us. People were heartbroken and
hoped to see something done about this tragedy.”
Ms. Dawson, 36, was known as a fierce opponent of the drug dealing that
routinely took place outside her door. The fire occurred on Oct. 16, 2002, after
Ms. Dawson had filed a string of complaints with the police against drug
dealers.
Days after the fire, the police arrested Darrell Brooks, 21, who lived near the
Dawson home. Mr. Brooks pleaded guilty and is serving a life sentence without
parole.
Each year on the anniversary of the fire, a vigil has been held on the street
outside the home. A memorial garden was planted on an adjacent corner, filled by
a small grove of trees and mosaic plaques bearing the name of each victim.
Plans for the center have been in the works for years, Ms. Carter said, with
financing for the $1.5 million project coming from city, state, federal and
private sources.
Construction began a year ago and inspired a mixture of hope and horror among
the neighbors. Many said they wanted the house to be renovated but feared
stirring up memories of the fire.
“It’s very important for the kids to come here, but I think a bit eerie
sometimes” said Taneisha Sanders, a coordinator at the center. “They say, I
wonder where this or that was, or where the kids were” at the time of the fire.
The third floor, where the family’s bedrooms had been, today holds a busy
computer lab. An arts and crafts center sits one floor below. Outside, a bright
blue light flashes 24 hours a day, notification that a police camera is trained
on the corner.
Ms. Carter said drug dealers still did business in the neighborhood, but she is
not deterred. “You’ll see them, hanging around and standing on different corners
and things,” she said, “but it’s not like I’m afraid. I have a job to do. I walk
in God’s blessings and so far, they’re very respectful. They know we mean
business and that we’re here to stay.”
Baltimore ranks among the nation’s most violent cities. As of Friday, the city
had recorded 71 homicides this year, higher than last year’s count at the same
date. The police say most of the killings are drug related.
Visitors to the center one busy afternoon this week said they came at first out
of curiosity. Taylor Street, 12, a sixth grader, is working on a biography of
the Baltimore jazz musician Cab Calloway. “Everybody was scared to come in
here,” she said. “They said the spirits were going to come back,” Taylor said.
“But once I was here, it was fine.”
Aaron Anderson, 15, who lives nearby and knew the Dawson children, added: “It’s
sad. I’d rather not be here and them still alive, but the center will play a big
role in keeping kids off the streets.
“The streets are terrible,” Aaron added. “Anything can happen on any given day.
You can get shot, killed, everything. Maybe it might save somebody’s life and
make them realize they should come in here and do their homework. It’s easier.”
Home Where Family Died
Is Now Safe Haven, NYT, 8.4.2007,
http://www.nytimes.com/2007/04/08/us/08baltimore.html
Injured
in Iraq, a Soldier Is Shattered at Home
April 5,
2007
The New York Times
By DEBORAH SONTAG
DUNBAR, Pa.
— Blinded and disabled on the 54th day of the war in Iraq, Sam Ross returned
home to a rousing parade that outdid anything this small, depressed Appalachian
town had ever seen. “Sam’s parade put Dunbar on the map,” his grandfather said.
That was then.
Now Mr. Ross, 24, faces charges of attempted homicide, assault and arson in the
burning of a family trailer in February. Nobody in the trailer was hurt, but Mr.
Ross fought the assistant fire chief who reported to the scene, and later
threatened a state trooper with his prosthetic leg, which was taken away from
him, according to the police.
The police locked up Mr. Ross in the Fayette County prison. In his cell, he
tried to hang himself with a sheet. After he was cut down, Mr. Ross was
committed to a state psychiatric hospital, where, he said in a recent interview
there, he is finally getting — and accepting — the help he needs, having
spiraled downward in the years since the welcoming fanfare faded.
“I came home a hero, and now I’m a bum,” Mr. Ross, whose full name is Salvatore
Ross Jr., said.
The story of Sam Ross has the makings of a ballad, with its heart-rending arc
from hardscrabble childhood to decorated war hero to hardscrabble adulthood. His
effort to create a future for himself by enlisting in the Army exploded in the
desert during a munitions disposal operation in Baghdad. He was 20.
He was also on his own. Mr. Ross, who is estranged from his mother and whose
father is serving a life sentence for murdering his stepmother, does not have
the family support that many other severely wounded veterans depend on. Various
relatives have stepped in at various times, but Mr. Ross, embittered by a
difficult childhood and by what the war cost him, has had a push-pull
relationship with those who sought to assist him.
Several people have taken a keen interest in Mr. Ross, among them Representative
John P. Murtha, the once-hawkish Democrat from Pennsylvania. When Mr. Murtha
publicly turned against the war in Iraq in 2005, he cited the shattered life of
Mr. Ross, one of his first constituents to be seriously wounded, as a pivotal
influence.
Mr. Murtha’s office assisted Mr. Ross in negotiating the military health care
bureaucracy. Homes for Our Troops, a nonprofit group based in Massachusetts,
built him a beautiful log cabin. Military doctors carefully tended Mr. Ross’s
physical wounds: the loss of his eyesight, of his left leg below the knee and of
his hearing in one ear, among other problems.
But that help was not enough to save Mr. Ross from the loneliness and despair
that engulfed him. Overwhelmed by severe symptoms of post-traumatic stress
disorder, including routine nightmares of floating over Iraq that ended with a
blinding boom, he “self-medicated” with alcohol and illegal drugs. He finally
hit rock bottom when he landed in the state psychiatric hospital, where he is,
sadly, thrilled to be.
“Seventeen times of trying to commit suicide, I think it’s time to give up,” Mr.
Ross said, speaking in the forensic unit of the Mayview State Hospital in
Bridgeville. “Lots of them were screaming out cries for help, and nobody paid
attention. But finally somebody has.”
Finding a
Way Out
Fayette County in southwestern Pennsylvania, once a prosperous coal mining
center, is now one of the poorest counties in the state. The bucolic but
ramshackle town of Dunbar sits off State Route 119 near the intersection marked
by the Butchko Brothers junkyard.
Past the railroad tracks and not far up Hardy Hill Road, the blackened remains
of Mr. Ross’s hillside trailer are testament to his disintegration. The Support
our Troops ribbon is charred, the No Trespassing sign unfazed.
Mr. Ross lived in that trailer, where his father shot his stepmother, at several
points in his life, including alone after he returned from Iraq. Its most recent
tenant, his younger brother, Thomas, was in jail when the fire occurred.
Many in Mr. Ross’s large, quarreling family are on one side of the law or the
other, prison guards or prisoners, police officers or probationers. Their
internal feuds are so commonplace that family reunions have to be carefully
plotted with an eye to who has a protective order out against whom, Mr. Ross’s
25-year-old cousin, Joseph Lee Ross, joked.
Sam Ross’s childhood was not easy. “Sam’s had a rough life from the time he was
born,” his grandfather, Joseph Frank Ross, said. His parents fought, sometimes
with guns, until they separated and his mother moved out of state. Mr. Ross bore
some of the brunt of the turmoil.
“When that kid was little, the way he got beat around, it was awful,” his uncle,
Joseph Frank Ross Jr., a prison guard, said.
When he was just shy of 12, Mr. Ross moved in with his father’s father, who for
a time was married to his mother’s mother. The grandfather-grandson relationship
was and continues to be tumultuous.
“I idolized my grandpaps, but he’s an alcoholic and he mentally abuses people,”
Mr. Ross said.
His grandfather, 72, a former coal miner who sells used cars, said, “I’m not an
alcoholic. I can quit. I just love the taste of it.”
The grandfather, who still keeps an A-plus English test by Mr. Ross on his
refrigerator, said his grandson did well in school, even though he cared most
about his wrestling team, baseball, hunting and fishing. Mr. Ross graduated in
June 2001.
“Sammy wanted me to pay his way to college, but I’m not financially fixed to do
that,” his grandfather said.
Feeling that Fayette County was a dead end, Mr. Ross said he had wanted to find
a way out after he graduated. One night in late 2001, he said, he saw “one of
those ‘Be all you can be’ ads” on television. The next day, he went to the mall
and enlisted, getting a $3,000 bonus for signing up to be a combat engineer.
From his first days of basic training, Mr. Ross embraced the military as his
salvation. “It was like, ‘Wow, man, I was born for the Army,’ ” he said. “I was
an adrenaline junkie. I was super, super fit. I craved discipline. I wanted
adventure. I was patriotic. I loved the bonding. And there was nothing that I
was feared of. I mean, man, I was made for war.”
In early 2003, Private Ross, who earned his jump wings as a parachutist, shipped
off to Kuwait with the 82nd Airborne Division, which pushed into Iraq with the
invasion in March. The early days of the war were heady for many soldiers like
Private Ross, who reveled in the appreciation of Iraqis. He was assigned to an
engineer squad given the task of rounding up munitions.
On May 18, Private Ross and his squad set out to de-mine an area in south
Baghdad. Moving quickly, as they did on such operations, he collected about 15
UXO’s, or unexploded ordnances, in a pit. Somehow, something — he never learned
what — caused them to detonate.
“The initial blast hit me and I went numb and everything went totally silent,”
he said. “Then I hear people start hollering, ‘Ross! Ross! Ross!’ It started
getting louder, louder, louder. My whole body was mangled. I was spitting up
blood. I faded in and out. I was bawling my eyes out, saying, ‘Please don’t let
me go; don’t let me go.’ ”
A Casualty
of War
When his relatives first saw Mr. Ross at Walter Reed Army Hospital in
Washington, he was in a coma. “That boy was dead,” his grandfather said. “We was
looking at a corpse lying in that bed.”
As he lay unconscious, the Army discharged him — one year, four months and 18
days after he enlisted, by his calculation. After 31 days, Mr. Ross came off the
respirator. Groggily but insistently, he pointed to his eyes and then to his
leg. An aunt gingerly told him he was blind and an amputee. He cried for days,
he said.
It was during Mr. Ross’s stay at Walter Reed that Representative Murtha, a
former Marine colonel, first met his young constituent and presented him with a
Purple Heart.
From the start of the war, Mr. Murtha said in an interview, he made regular,
painful excursions to visit wounded soldiers. Gradually, those visits, combined
with his disillusionment about the Bush administration’s management of the war,
led him to call in late 2005 for the troops to be brought home in six months.
“Sam Ross had an impact on me,” Mr. Murtha said. “Eventually, I just felt that
we had gotten to a point where we were talking so much about winning the war
itself — and it couldn’t be won militarily — that we were forgetting about the
results of the war on individuals like Sam.”
Over the next three years, Mr. Ross underwent more than 20 surgical procedures,
including: “Five on my right eye, one on my left eye, two or three when they cut
my left leg off, three or four on my right leg, a couple on my throat, skin
grafts, chest tubes and, you know, one where they gutted me from belly button to
groin” to remove metal fragments from his intestines.
But, although he was prescribed psychiatric medication, he never received
in-patient treatment for the post-traumatic stress disorder that was diagnosed
at Walter Reed. And, in retrospect he, like his relatives, said he believes he
should have been put in an intensive program soon after his urgent physical
injuries were addressed.
“They should have given him treatment before they let him come back into
civilization,” his grandfather said.
A Hero’s
Welcome
The parade, on a sunny day in late summer 2003, was spectacular. Hundreds of
flag-waving locals lined the streets. Mr. Ross had just turned 21. Wearing his
green uniform and burgundy beret, he rode in a Jeep, accompanied by other
veterans and the Connellsville Area Senior High School Marching Band. The
festivities included bagpipers, Civil War re-enactors and a dunking pool.
“It wasn’t the medals on former Army Pfc. Sam Ross’s uniform that reflected his
courage yesterday,” The Pittsburgh Post-Gazette wrote. “It was the Dunbar
native’s poise as he greeted well-wishers and insisted on sharing attention with
other soldiers that proved the grit he’ll need to recover from extensive
injuries he suffered in Iraq.”
For a little while, “it was joy joy, happiness happiness,” Mr. Ross said. He
felt the glimmerings of a new kind of potential within himself, and saw no
reason why he could not go on to college, even law school. Then the black moods,
the panic attacks, the irritability set in. He was dogged by chronic pain;
fragments of metal littered his body.
Mr. Ross said he was “stuck in denial” about his disabilities. The day he tried
to resume a favorite pastime, fishing, hit him hard. Off-balance on the water,
it came as a revelation that, without eyesight, he did not know where to cast
his rod. He threw his equipment in the water and sold his boat.
“I just gave up,” he said. “I give up on everything.”
About a year after he was injured, Mr. Ross enrolled in an in-patient program
for blind veterans in Chicago. He learned the Braille alphabet, but his fingers
were too numb from embedded shrapnel to read, he said. He figured that he did
not have much else to learn since he had been functioning blind for a year. He
left the program early.
Similarly, Mr. Ross repeatedly declined outpatient psychiatric treatment at the
veterans hospital in Pittsburgh, according to the Department of Veterans
Affairs. He said he felt that people at the hospital had disrespected him.
After living with relatives, Mr. Ross withdrew from the world into the trailer
on the hill in 2004. That year, he got into a dispute with his grandfather over
old vehicles on the property, resolving it by setting them on fire. His run-ins
with local law enforcement, which did not occur before he went to Iraq, the
Fayette County sheriff said, had begun.
But his image locally had not yet been tarnished. In early 2005, Mr. Murtha held
a second Purple Heart ceremony for Mr. Ross at a Fayette County hospital “to try
to show him how much affection we had for him and his sacrifice,” Mr. Murtha
said.
A local newspaper article about Mr. Ross’s desire to build himself a house came
to the attention of Homes for Our Troops.
“He’s a great kid; he really is,” said Kirt Rebello, the group’s director of
projects and veterans affairs. “Early on, even before he was injured, the kid
had this humongous deck stacked against him in life. That’s one of the reasons
we wanted to help him.”
Mr. Ross, who had received a $100,000 government payment for his catastrophic
injury, bought land adjacent to his grandfather’s. Mr. Rebello asked Mr. Ross
whether he might prefer to move to somewhere with more services and
opportunities. But Mr. Ross said that Dunbar’s winding roads were implanted in
his psyche, “that he could see the place in his mind,” Mr. Rebello said.
A Life
Falls Apart
In May 2005, Mr. Ross broke up with a girlfriend and grew increasingly
depressed. He felt oppressively idle, he said. One day, he tacked a suicide note
to the door of his trailer and hitched a ride to a trail head, disappearing into
the woods. A daylong manhunt ensued.
Mr. Ross fell asleep in the woods that night, waking up with the sun on his
face, which he took to be a sign that God wanted him to live. When he was found,
he was taken to a psychiatric ward and released after a few weeks.
The construction of his house proved a distraction from his misery. Mr. Ross
enjoyed the camaraderie of the volunteers who fashioned him a cabin from white
pine logs. But when the house, which he named Second Heaven, was finished in
early 2006, “they all left, I moved in and I was all alone,” he said. “That’s
when the drugs really started.”
At first, Mr. Ross said, he used drugs — pills, heroin, crack and methadone —
“basically to mellow myself out and to have people around.” Local ne’er-do-wells
enjoyed themselves on Mr. Ross’s tab for quite some time, his relatives said.
“These kids were loading him into a car, taking him to strip clubs, letting him
foot the bills,” his uncle, Joseph Ross Jr., said. “They were dopies and
druggies.”
Mr. Ross’s girlfriend, Barbara Hall, moved in with him. But relationships with
many of his relatives had deteriorated.
“If that boy would have come home and accepted what happened to him, that boy
never would have wanted for anything in Dunbar,” his grandfather said. “If he
had accepted that he’s wounded and he’s blinded, you know? He’s not the only one
that happened to. There’s hundreds of boys like him.”
Some sympathy began to erode in the town, too. “There’s pro and con on him,” a
local official said. “Some people don’t even believe he’s totally blind.”
After overdosing first on heroin and then on methadone last fall, Mr. Ross said,
he quit consuming illegal drugs, replacing them with drinking until he blacked
out.
Mr. Ross relied on his brother, Thomas, when he suffered panic attacks. When
Thomas was jailed earlier this year, Mr. Ross reached out to older members of
his family. In early February, his uncle, Joseph Ross Jr., persuaded him to be
driven several hours to the veterans’ hospital in Coatesville to apply for its
in-patient program for post-traumatic stress disorder.
“Due to the severity of his case, they accepted him on the spot and gave him a
bed date for right after Valentine’s Day,” his uncle said. “Then he wigged out
five days before he was supposed to go there.”
It started when his brother’s girlfriend, Monica Kuhns, overheard a phone call
in which he was arranging to buy antidepressants. She thought it was a
transaction to buy cocaine, he said, and he feared that she would tell his
sister and brother.
After downing several beers, Mr. Ross, in a deranged rage, went to his old
trailer, where Ms. Kuhns was living with her young son, he said.
“He started pounding on the door,” said Ms. Hall, who accompanied him. “He went
in and threatened to burn the place down. Me and Monica didn’t actually think he
was going to do it. But then he pulled out the lighter.”
Having convinced himself that the trailer — a source of so much family misery —
needed to be destroyed, Mr. Ross set a pile of clothing on fire. The women and
the child fled. When a volunteer firefighter showed up, Mr. Ross attacked and
choked him, according to a police complaint.
A judge set bail at $250,000. In the Fayette County prison, Mr. Ross got
“totally out of hand,” the sheriff, Gary Brownfield, said. Mr. Ross’s lawyer,
James Geibig, said the situation was a chaotic mess.
“It was just a nightmare,” Mr. Geibig said. “First the underlying charges —
attempted homicide, come on — were blown out of proportion. Then bail is set sky
high, straight cash. They put him in a little cell, in isolation, and barely let
him shower. Things went from bad to worse until they found him hanging.”
Now Mr. Geibig’s goal is to get Mr. Ross sentenced into the post-traumatic
stress disorder program he was supposed to attend.
“He does not need to be in jail,” Mr. Geibig said. “He has suffered enough. I’m
not a bleeding heart, but his is a pretty gut-wrenching tale. And at the end,
right before this incident, he sought out help. It didn’t arrive in time. But
it’s not too late, I hope, for Sam Ross to have some kind of future.”
Injured in Iraq, a Soldier Is Shattered at Home, NYT,
5.4.2007,
http://www.nytimes.com/2007/04/05/us/05VET.html?hp
10 - Year - Olds Accused in Homeless Beating
March 30, 2007
By THE ASSOCIATED PRESS
Filed at 12:34 p.m. ET
The New York Times
DAYTONA BEACH, Fla. (AP) -- A homeless day laborer was recovering in a
hospital Friday after two 10-year-old boys and an older teen were charged with
attacking him on a street and smashing a concrete block into his face.
The three boys, each charged with aggravated battery, face a hearing next week
to determine if they should remain in juvenile detention. At their first court
appearance, the two younger boys were escorted from jail in oversized white
jumpsuits, their hands chained in front of them and their legs in shackles.
''They are dangerous,'' the victim, John D'Amico, told The Associated Press from
his hospital bed. ''The street doesn't need them. They need to be somewhere.''
D'Amico said he was walking with a friend through a Daytona Beach neighborhood
just before 9 p.m. Tuesday when the trio on bicycles started throwing sand and
small rocks at them.
Then they got off their bikes and started throwing larger rocks, he said.
D'Amico said he fell into a wall after the 17-year-old punched him in the face,
breaking the brick wall. One of the 10-year-olds then slammed a piece of the
broken wall onto his face, he said.
''They were big kids for their age,'' D'Amico told the AP. ''The little kid was
taunting me. The big kid came over and just slugged me. If they just would have
let me walk on, I would have walked on.''
D'Amico has had reconstructive surgery on his face since the attack. He said he
didn't think he was targeted simply for being homeless.
''I don't look that homeless. I'm not really dirty, slobby homeless,'' he said.
''I'm familiar in the neighborhood. I don't know these kids, never seen them
before.''
Police didn't return a phone message left Friday seeking comment, and no parents
were in the courtroom during the boys' first appearance before a judge
Wednesday.
A police report shows the parents were notified of the boys' arrests.
''For a 10-year-old to pick up a cinder block and smash somebody's face with it,
that defies logic,'' police Chief Michael Chitwood told The Daytona Beach
News-Journal on Thursday. He said the court system needs to take a close look at
the children's backgrounds and families.
It was not immediately clear if the boys had attorneys. A message left with the
public defenders office was not immediately returned.
10 - Year - Olds Accused
in Homeless Beating, NYT, 30.3.2007,
http://www.nytimes.com/aponline/us/AP-Homeless-Beating.html
Bank Robbery Turns to Standoff Nearby
March 27, 2007
By THE ASSOCIATED PRESS
Filed at 4:10 p.m. ET
The New York Times
MIAMI BEACH, Fla. (AP) -- A SWAT team poured into an office building across
from a bank robbery scene Tuesday after a caller threatened to start shooting
people if a suspect arrested at the bank wasn't released.
The robbery at the Commercial Bank of Florida happened around 10:30 a.m., and
police later arrested a man. Shortly after that, the bank received the
threatening phone call, said police spokesman Bobby Hernandez.
At about the same time, people ran out of an office building across the street
saying there were two men with guns, Hernandez said.
The FBI sent a SWAT team, hostage negotiators and agents with bomb-sniffing
dogs, though it wasn't clear if there were any hostages, FBI spokeswoman Judy
Orihuela said. It also wasn't clear if the threats to shoot people in the
building were real.
Police have been communicating with an individual using a cell phone who may be
inside the building, Hernandez said. He gave no other details.
Bank Robbery Turns to
Standoff Nearby, NYT, 27.3.2007,
http://www.nytimes.com/aponline/us/AP-Bank-Robbery.html
Sheriff: Slain student burned on grill
24.3.2007
USA Today
AP
HOUSTON (AP) — A 19-year-old Texas A&M University student was killed by her
ex-boyfriend, who then dismembered and burned her body on a patio grill,
authorities said Saturday.
Investigators say Timothy Wayne Shepherd, 27, confessed Wednesday to
strangling Tynesha Stewart because he was angry she had begun a new
relationship. Shepherd, who is charged with murder, is being held on $250,000
bond.
"We have determined through this investigation that the defendant dismembered
Tynesha Stewart and. .. he burned the body parts," Harris County Sheriff Tommy
Thomas said. "There are no remaining body parts."
The announcement Saturday ended a debate in the Houston area about whether
law-enforcement officials should launch a massive and expensive search of the
area's overflowing landfills in hopes of finding Stewart's remains.
Officials first thought that the body had been disposed in a large commercial
trash bin that had since been emptied.
Sheriff's investigators had decided against launching a costly and
time-consuming search for Stewart's remains, angering her family and friends.
Complaints from activists and lawmakers prompted Thomas to get emergency
approval to spend up to $500,000 for a search.
Thomas said he knew, but could not disclose, that there were no body parts to
find. He said investigators were unable to release that information to the
public or to Stewart's family because of the investigation. Stewart's family has
since been advised, and understands why there will be no search, Thomas said.
Stewart, a college freshman from Houston, was last seen with Shepherd on March
15 while she was home for spring break visiting her mother. Friends have said
Stewart and Shepherd quit dating at the beginning of this school year.
Shepherd's attorney, Chip Lewis, has not returned calls for comment. Thomas said
Stewart's family has asked for privacy and will not respond to calls from the
media.
Authorities did not give any more details about how they believe the slaying
occurred, but said nothing remains of Stewart. Although human remains generally
require extremely high temperatures to destroy, he would not discuss how he
believed the body could be burned to nothing.
Sheriff: Slain student
burned on grill, UT, 24.3.2007,
http://www.usatoday.com/news/nation/2007-03-24-grilled-student_N.htm
Guardian Angels Seek Out More Mean Streets
March 22, 2007
The New York Times
By MICHAEL WILSON
It began in 1979 at a McDonald’s in the Bronx where they all worked, 13 men
living on little more than unsold hamburgers. It was a citizens’ watch group
with a paramilitary look, part nosy misfit and part kung-fu: the Guardian
Angels.
They set up headquarters in Hell’s Kitchen and patrolled Times Square when it
was a skid row. Some appreciated their efforts, others thought they were clowns
or, what’s worse, thugs. Their red berets became as common as graffiti and
squeegee men, and the group was reviled by the city’s administration. Mayor
Edward I. Koch dismissed them as vigilantes.
But skid row is gone: New York City has experienced an impressive drop in crime.
Hell’s Kitchen needed its building back, because everyone wants to live there
now. The organization’s major annual fund-raiser last year was a gala dinner
June 6 at Cipriani 42nd Street. Waiters passed with trays of bellinis and
risotto dishes, while the group’s leader and founder, Curtis Sliwa, attired in a
tuxedo, introduced Mayor Michael R. Bloomberg to the crowd. The mayor thanked
the group and said, “They make our streets safer.”
It was a long way from McDonald’s, but the venue was not the only change. In an
act of reinvention and expansion that would have been hard to imagine 28 years
ago, the Guardian Angels has broadened its presence around the country, with
more than 50 chapters established in places like Peoria, Ill.; Chattanooga,
Tenn.; Toledo, Ohio; and Opa-Locka, Fla. Mr. Sliwa seems to spend as much time
on airplanes as he once did patrolling subways.
If Times Square, as it is often said, is the new Disney World, then Main Street
is the new Times Square.
“Those are war zones,” Mr. Sliwa said, speaking of gang violence in Florida with
the verbal bluster he has perfected as a radio host. The existence of chapters
outside New York is not new, but the number is on the rise.
Exporting a New York image can be jarring, as men who once walked blocks of peep
shows and prostitutes now must explain their mission all over again, under
Spanish moss or inside Baptist churches. As with any franchise, there are mixed
successes; some recent comments about the group echoed those made decades ago
when they were formed. Are they vigilantes or volunteer saviors? Visits to two
chapters, in Savannah, Ga., and Montgomery, Ala., showed a tug of war between
good intentions and reality.
Norman Whipple, 48, joined the Guardian Angels in Philadelphia in 1980, leaving
10 years later for Savannah, where he went to work at the airport as a baggage
handler for AirTran Airways. “He said, ‘Oh man, I’m going down here to ‘Leave It
to Beaver’ land,’ ” Mr. Sliwa said. “He figured his Guardian Angels days had
passed him by.”
But in 2003, a stained glass artist, Gerald Schantz, alarmed by the rise in
crime in downtown Savannah and nearby neighborhoods, called Mr. Sliwa. “If you
look at the numbers and you’re not one of the numbers, we don’t have a crime
problem,” Mr. Schantz said recently. “But if your car’s been broken into or your
girlfriend’s been hassled while she’s walking around, then we do.”
Mr. Whipple, more than 10 years and a few extra pounds distant from the last
time he put on a beret, dropped by the first meetings.
“I met the guys and said I’d help them out with the chapter,” he said. “I ended
up becoming the chapter leader.”
Gary Borum, 44, a bouncer, left Hempstead on Long Island to start a chapter in
Colorado Springs in 2000. “They think Guardian Angels are a bunch of thugs, but
that’s not the case,” he said. “People are scared because they’ve got a big gang
problem out here. This town’s backwards. It reminds me of something from back in
the ’60s. They want to expand and they don’t want the big city problems, but
guess what? They have them.”
“If I had a choice, I’d be back in Long Island, I swear,” he said. “But it’s too
expensive there.”
Mr. Whipple loves Savannah, but the work of being an Angel is not the same as
when he started out. Eleven people joined the chapter in 2003, and six or eight
members regularly patrolled for a time, but interest seems to have dropped. When
people join, they “find it’s not what they’re expecting,” Mr. Whipple said. The
mindset of the volunteers has changed since the us-against-them attitude that
existed in Philadelphia 20 years ago, he said.
“It was an honor if someone tapped your shoulder and said, ‘Put on a T-shirt.
You’re going out on patrol,’ ” Mr. Whipple said. “Now, they think they deserve
to go out on patrol.”
He tries to get out once a week, on Saturdays, and usually has just one member
with him. They spend more time giving directions to tourists than chasing
muggers. The mayor at the time the chapter began, Floyd Adams, was not thrilled
about their arrival.
“They came in, organized some citizens who felt there was an extra need of
protection, and they took advantage of that need. It was short lived,” said Mr.
Adams, who left office in 2004. “This is the most beautiful city in the world.
Better than New York.”
In Montgomery, the Angels began making inroads last year. An analyst with the
National Guard named DeUndra Christopher, 29, had recently risen to some
prominence after a public reconciliation with another woman who had stabbed her
in the chest, almost fatally, 11 years earlier. The stabber, Shyvat Cooper, 16
at the time, served a year and a half in prison, and after they reconciled — at
a family funeral — they organized stop-the-violence rallies. Then, when Ms.
Christopher saw a television news report about the Guardian Angels, she called
Mr. Sliwa.
Several months later, in February, three members of the Guardian Angels arrived
in Montgomery for two days of patrolling and recruiting. They drove to a
blighted neighborhood near downtown, where a house marked “Bad Boys Boxing Gym”
leaned so badly it could have been doubling as the heavy bag. They parked, and
walked about in red jackets and berets, their arms swinging stiffly at their
sides, powerlifter style, and handcuffs clinking on their belts.
They looked like grand marshals of a parade that no one was watching. They had
better luck the next day. The ranking member, Frank Lee, who started out
patrolling New York City, approached some women watching their toddlers play in
the grass outside the Victor Tulane Court housing projects and asked, “How you
all doing? Enjoying the nice weather?”
When the Angels walked away, one of the women, Tawana Tellis, 26, said, “I don’t
know anything about them.” Her friend, Lazandra Watson, 24, replied, “They’re
like that Dog on TV,” referring to a reality show about a bounty hunter.
They visited a shopping mall and met a young security officer with a crewcut.
“You ever have to run anyone down?” one of the Angels, a bounty hunter from
Chattanooga who goes by the name Flute, asked.
“Oh, all the time,” the officer said.
“That’s awesome, man,” Flute said.
That night, Feb. 22, they held a training session in a Baptist church for people
who had attended a first meeting in October. But no one from the first meeting
returned. Besides the pastor and a church member doing electrical work for him,
only one other man attended: a 48-year-old retired auto worker from Michigan the
three Angels had met that afternoon.
Mr. Lee ran through some of the basics nevertheless: hand signals, the history
of the uniform. “This jacket does not stop a bullet,” he warned. “Ask Curtis.
He’s been shot by the mob.” He demonstrated some self-defense moves on a junior
member, tipping him to the floor by painfully manipulating his wrist.
Mr. Lee said he was not discouraged by the turnout. “If three people showed up
tonight, or 300, if I get to just one. ...” he said, eyeing a possible recruit
in the young electrician. Then he and the other two Angels piled into their
rental car and headed back to their hotel.
Guardian Angels Seek Out
More Mean Streets, G, 22.3.2007,
http://www.nytimes.com/2007/03/22/nyregion/22guardians.html
Minn. Police Investigate Dog Beheading
March 15, 2007
By THE ASSOCIATED PRESS
Filed at 9:51 a.m. ET
The New York Times
ST. PAUL, Minn. (AP) -- A 17-year-old girl who spent weeks looking for her
missing dog unwrapped a box left on her doorstep and found the pet's severed
head inside, authorities said.
Homicide investigators were looking into the case because of the ''implied''
terroristic threat, St. Paul Police Sgt. Jim Gray said. The Humane Society of
the United States said Wednesday it was offering a reward of up to $2,500 for
information leading to an arrest and conviction.
''This was extraordinarily heinous,'' said Dale Bartlett, the Humane Society's
deputy manager for animal cruelty issues. ''I deal with hundreds and hundreds of
cruelty cases each year. When I read about this case, it took my breath away.
It's horrible.''
After Crystal Brown's 4-year-old Australian shepherd mix wandered away last
month, she put up ''missing'' posters in her neighborhood and went door to door
looking for him. She called the St. Paul animal shelter and rode the bus there
several times.
''I felt empty,'' Crystal told the Star Tribune of Minneapolis. ''I couldn't
talk to anyone. He was my dog. It was just me and him. ... I told him everything
and he never shared any of my secrets.''
Two weeks ago, a gift-wrapped box was left at the house Crystal shares with her
grandmother. The box had batteries on top, and a note that said
''Congratulations Crystal. This side up. Batteries included.''
Crystal opened the box and found her dog's head inside. The box also contained
Valentine's Day candy.
Crystal screamed when she saw her dog's face.
''She was just hysterical,'' said Crystal's grandmother, Shirley Brown. ''She
was screaming. She said, 'Grandma, it's my dog's head!'
''I said, 'no it can't be!'''
Authorities say the case is an isolated incident and the suspect likely knew the
family. A motive is unclear.
''This was so cruel,'' Crystal said. ''This is one sick, twisted person.''
Minn. Police Investigate Dog Beheading, NYT,
15.3.2007,
http://www.nytimes.com/aponline/us/AP-Beheaded-Dog.html
N.Y. mugger sought after attacks on elderly women
Mon Mar 12, 2007 12:14PM EDT
Reuters
NEW YORK (Reuters) - New York's streets and newspapers were flooded on Sunday
with pictures of a mugger who has attacked at least two elderly women in the
borough of Queens, including one who is 101 years old.
The other woman was an 85-year-old who uses a walker. Both were recovering from
the violent robberies, which occurred a week ago in different apartment
buildings but only reported over the weekend.
Rose Morat, 101, told the New York Post she wished she could have fought back:
"Fifteen years ago, we would have had a tussle."
Both women were robbed of less than $35, and Morat suffered a fractured
cheekbone during the attack which was captured by cameras. The other was robbed
of two rings including her wedding ring.
Police distributed pictures of a suspect, a black male, taken from surveillance
video.
"We are pulling out all the stops to find him," said Police Commissioner Ray
Kelly. A police fraternal organization offered a $1,000 reward on Sunday, and
callers have made some 1,000 calls to tip lines, some of which provided leads,
Kelly said.
Surveillance video from one of the muggings in a Queens apartment building
captured part of one attack and has been posted on several local media Web sites
and shown to all Queens police officers and many in Brooklyn in recent days,
police said.
N.Y. mugger sought after
attacks on elderly women, NYT, 12.3.2007,
http://www.reuters.com/article/domesticNews/idUSN1126492620070312
Violent Crime in Cities Shows Sharp Surge
March 9, 2007
The New York Times
By KATE ZERNIKE
Violent crime rose by double-digit percentages in cities across the country
over the last two years, reversing the declines of the mid-to-late 1990s,
according to a new report by a prominent national law enforcement association.
While overall crime has been declining nationwide, police officials have been
warning of a rise in murder, robbery and gun assaults since late 2005,
particularly in midsize cities and the Midwest. Now, they say, two years of data
indicates that the spike is more than an aberration.
“There are pockets of crime in this country that are astounding,” said Chuck
Wexler, the executive director of the Police Executive Research Forum, which is
releasing the report on Friday. “It’s gone under the radar screen, but it’s not
if you’re living on the north side of Minneapolis or the south side of Los
Angeles or in Dorchester, Mass.”
Local police departments blame several factors: the spread of methamphetamine
use in some Midwestern and Western cities, gangs, high poverty and a record
number of people being released from prison. But the biggest theme, they say, is
easy access to guns and a willingness, even an eagerness, to settle disputes
with them, particularly among young people.
“There’s a mentality among some people that they’re living some really violent
video game,” said Chris Magnus, the police chief in Richmond, Calif., north of
San Francisco, where homicides rose 20 percent and gun assaults 65 percent from
2004 to 2006. “What’s disturbing is that you see that the blood’s real, the
death’s real.”
The research forum surveyed 56 cities and sheriffs’ departments — as small as
Appleton Wis., about 100 miles northwest of Milwaukee, and as large as Chicago
and Houston. Over all, from 2004 to 2006, homicides increased 10 percent and
robberies 12 percent.
Aggravated assault, which is usually accompanied by the use of a weapon or by a
means likely to produce severe injury or death, according to an F.B.I. Web site,
increased at a relatively modest 3 percent, but aggravated assaults with guns
rose 10 percent. And some cities saw far higher spikes.
Homicides increased 20 percent or more in cities including Boston, Cincinnati,
Cleveland, Hartford, Memphis and Orlando, Fla. Robberies went up more than 30
percent in places including Detroit, Fort Wayne, Ind., and Milwaukee. Aggravated
assaults with guns were up more than 30 percent in cities like Boston,
Sacramento, St. Louis and Rochester.
Seventy-one percent of the cities surveyed had an increase in homicides, 80
percent had an increase in robberies, and 67 percent reported an increase in
aggravated assaults with guns.
This study relies on numbers from cities, rather than yearly F.B.I. totals,
which are typically released in the fall. The group collected similar numbers
last year, and those numbers were largely borne out by the data from the Federal
Bureau of Investigation.
Police chiefs say the trends in aggravated assaults are particularly alarming.
They are often considered a better gauge of violence than homicides; the
difference between the two is often poor marksmanship or good medical care.
“Had we not had some of the trauma rooms we have here in Rochester, our homicide
numbers would be higher,” said Mayor Robert Duffy, who served as a police chief
for seven years.
While murder rates hit 11-year highs in places like Boston, police officials
note that they are not seeing the highs of the late 1980s and early 1990s, when
crack cocaine fueled spikes, particularly in large cities. Some cities like
Denver and Washington had declines in homicides.
Still, the overall trend is mirrored in other places not covered by the report.
New York City, for example, which had enjoyed remarkable declines and seemed
immune to the rising murder rate elsewhere in 2005, reported a 10 percent
increase in homicides in 2006. In Chicago, which had been cited as another model
of declining violence, homicides rose 4 percent from 2004 to 2006.
Police officials say the violence tends to happen among young men in their late
teens and early to mid-20s. In some cases, it is random. But in many cases, it
is among people who know one another, or between gangs, as a way to settle
disputes. Arguments that 20 years ago would have led to fistfights, police
chiefs say, now lead to guns.
“There’s really no rhyme or reason with these homicides,” said Edward Davis, the
police commissioner in Boston. “An incident will occur involving disrespect, a
fight over a girl. Then there’s a retaliation aspect where if someone shoots
someone else; their friends will come back and shoot at the people that did it.”
In Richmond, Chief Magnus said he would often go to the scene of a crime and
discover that 30 to 75 rounds had been fired. “It speaks to the level of anger,
the indiscriminate nature of the violence,” he said.
“I go to meetings, and you start talking to some of the people in the
neighborhoods about who’s been a victim of violence, and people can start
reciting: ‘One of my sons was killed, one of my nephews,’ ” he said. “It’s hard
to find people who haven’t been touched by this kind of violence.”
Many chiefs blame the federal government for reducing police programs that they
say helped cut crime in the 1990s. But they also say the problem is economic and
social. “We seem to be dealing with an awful lot of people who have zero
conflict-resolution skills,” Chief Magnus said.
In Rochester, Mr. Duffy said his city had the state’s highest dropout rate —
half of all students drop out— and the highest child poverty rate, with 40
percent of children under 18 living below poverty level.
“There’s a direct correlation between the kids who drop out of our high schools
who get involved in selling drugs and who end up in homicides,” Mr. Duffy said.
As a police chief, Mr. Duffy brought in programs that had reduced crime in other
cities: a project cease-fire to end gun violence, a Compstat data collection
program to identify the areas of most stubborn crime. But it has not helped.
“We’re doing all the right things consistently, but we have not seen relief,” he
said. “It takes much more than law enforcement.”
Violent Crime in Cities Shows Sharp
Surge, NYT, 9.3.2007,
http://www.nytimes.com/2007/03/09/us/09crime.html?hp
Scared Silent
With Witnesses at Risk,
Murder Suspects Go Free
March 1, 2007
The New York Times
By DAVID KOCIENIEWSKI
NEWARK, Feb. 27 — When Yusef Johnson, a 15-year-old honors student, was
killed outside an apartment complex here so gang-infested it is known as
Crazyville, a witness came forward within days and told the police she knew the
man she had seen fire the fatal shots.
In another case three months later, in November 2005, officers found two people
who identified a street gang leader as the man they saw kill a marijuana dealer
named Valterez Coley during a dispute over a woman.
And when Isaiah Stewart, a 17-year-old wearing an electronic monitoring bracelet
from a recent brush with the law, was gunned down that December, another Newark
teenager sketched a diagram of the crime scene, correctly identified the murder
weapon and named a former classmate as the person he had watched commit the
crime.
They seem like slam-dunk cases, but none of the three suspects have been
arrested. It is not that detectives are unsure of their identity or cannot find
them. Rather, it is because so many recent cases here have been scuttled when
witnesses were scared silent that the Essex County prosecutor has established an
unwritten rule discouraging pursuit of cases that rely on a single witness, and
those in which witness statements are not extensively corroborated by forensic
evidence.
The 3 are among at least 14 recent murders in Newark in which witnesses have
clearly identified the killers but no charges have been filed, infuriating local
police commanders and victims’ relatives.
In 8 of the 14 cases, according to court documents and police reports, there was
more than one witness; in two of them, off-duty police officers were among those
identifying the suspects. But in a DNA era, these are cases with little or no
physical evidence, and they often involve witnesses whose credibility could be
compromised by criminal history or drug problems, or both.
“No one wants to solve these cases and lock up the killers in these cases more
than we do,” the county prosecutor, Paula T. Dow, said in a recent interview.
“But we have to weigh the evidence and move forward only if we believe that the
witnesses are credible and that they’ll be there to testify at trial.”
The tension between the police and prosecutors here over the evolving standards
of evidence required to authorize arrest warrants is a stark example of the
profound effect witness intimidation is having on the criminal justice system in
New Jersey and across the country.
Surveys conducted by the National Youth Gang Center, which is financed by the
federal Department of Justice, have found that 88 percent of urban prosecutors
describe witness intimidation as a serious problem.
In both Baltimore and Boston, where “stop snitching” campaigns by rap artists
and gang leaders have urged city residents not to cooperate with the
authorities, prosecutors estimate that witnesses face some sort of intimidation
in 80 percent of all homicide cases.
In Essex County, prosecutors report that witnesses in two-thirds of their
homicides receive overt threats not to testify, with defendants and their
supporters sometimes canvassing witnesses’ neighborhoods wearing T-shirts
printed with the witnesses’ photographs or distributing copies of their
statements to the police.
Dozens of New Jersey murder cases have been undone over the past five years
after witnesses were killed, disappeared before trial or changed their stories.
In 2004, the Newark police determined that four people found dead in a vacant
lot had been killed to silence a witness to a murder; a witness to that
quadruple homicide was later shot to death as well.
Ms. Dow, who was appointed in 2003 amid criticism of county prosecutors’ ability
to close cases, said she was simply adapting to the evolving code on the
streets, where gang violence and widespread distrust of law enforcement have
deprived prosecutors of one of the legal system’s most crucial components:
dependable witnesses.
The state’s attorney in Baltimore, where witness intimidation is a notorious
problem, has taken an even more rigid stand, refusing to file charges in any
single-witness case without extensive forensic corroboration.
But that approach differs sharply from those of prosecutors in many other urban
areas, like Brooklyn, where the district attorney, Charles J. Hynes, has in
recent years taken to reviewing all single-witness cases personally.
In Newark, where the homicide rate has risen in the past few years, the police,
local politicians and victims’ relatives are all questioning why prosecutors are
holding detectives to a higher standard than the law requires — and letting
dangerous criminals remain on the streets.
“How can they leave him out there?” asked Yusef’s mother, Tosha Braswell,
referring to the man who shot him. “Are they waiting for him to kill someone
else’s son?”
Tension Between Officials
Newark’s mayor, Cory A. Booker, who was elected last year on a promise to reduce
crime in the city, recently met with Ms. Dow to ask her to be more aggressive in
filing charges. In recent years Newark police officials have accused the
prosecutor of being reluctant to take on cases that could be difficult to win
because her office was criticized after losing a succession of high-profile
trials.
The police director, Garry F. McCarthy, worries that the prosecutor’s approach
undermines his crime-fighting strategy of focusing on the small group of
criminals responsible for a disproportionate amount of crime.
“The law states the standard for arrest is probable cause, which is different
than what is required for conviction beyond a reasonable doubt,” Mr. McCarthy
said. “Our goal is to arrest quickly to avoid the potential for additional
crime. An arrest does not prevent an ongoing investigation from proceeding.”
Ms. Dow declined to discuss details of any open cases. But she said that she was
proud of her office’s performance, and that she hoped her rigorous standards for
filing charges would lead investigators to work harder at getting corroboration.
“It’s easy for the police to point fingers when they haven’t done enough
detective work to get a conviction,” she said.
In Essex County, the conviction rate for homicides, which includes plea
agreements, was 79 percent in 2006, up from 74 percent when Ms. Dow took over
three years earlier (but down from 86 percent in 2005 and 83 percent in 2004).
In Baltimore, prosecutors under Patricia C. Jessamy, the state’s attorney,
obtained convictions in 65 percent of homicide cases last year, up from 59
percent in 2005 and 52 percent in 2004.
While prosecutors are often measured by such conviction rates, it is difficult
to tell through statistics whether they are shying from hard-to-win cases.
What most irks the police is the failure to even file charges in cases in which
witnesses have solidly identified a suspect, like the 14 here in Newark over the
past three years in which Ms. Dow has declined to authorize arrest warrants. Six
of these cases rely on a single witness, including the slayings of Yusef Johnson
and Valterez Coley.
Yusef was a football star with a 3.7 grade-point average before he was killed in
August 2005. According to police reports, a woman told detectives she had seen
the shooting from 30 feet away and was well acquainted with the gunman, a member
of the Crips street gang, because he frequently sold cocaine to her.
The case helps illustrate why prosecutors may shy away from single-witness
cases: Given the suspect’s status as both a gang member and the witness’s drug
supplier, even detectives have their doubts about whether the woman would
ultimately testify at trial — or be believed.
On the night Mr. Coley was gunned down near a porch in Newark’s Central Ward,
two men told the police they had seen the gunman, whom they identified as a
leader of the 252 Bloods street gang. The witnesses said the gunman was looking
to settle a score with a young man who had a relationship with his girlfriend,
and mistook Mr. Coley for his rival.
But one of the men soon fled the state, leaving the police with a lone witness —
and thus no charges have been brought.
Danger in Cooperation
Gregory DeMattia, chief of the Essex County prosecutor’s homicide division, said
his investigators saw fallout from witness intimidation every day. When they
arrive at a crime scene, he said, bystanders scatter so neighbors will not think
they are cooperating with the police.
Those who do help often do so surreptitiously — leaving detectives a note in a
trash can or asking to be taken away in handcuffs “so that neighbors will think
they’re in trouble with the police and not cooperating,” Mr. DeMattia said.
Prosecutors in other cities tell similar stories about their witnesses being
pressured, and say they are cautious about pursuing cases based on lone
witnesses because of worries about faulty memory, ulterior motives and, as in
the Yusef Johnson case, credibility.
That is part of why Ms. Jessamy, in Baltimore, has all but refused to file
charges in single-witness situations.
But across Maryland in Prince George’s County, where there is also a serious
gang problem, State’s Attorney Glenn F. Ivey has taken the opposite tack. He
insists on pursuing single-witness cases even though he was criticized publicly
for losing 4 of them in 13 months.
“If you have a single witness and you believe their story, I believe you’ve got
to go forward, even if it’s a case you might lose,” said Mr. Ivey, whose
office’s conviction rate on homicides is more than 80 percent. “I’m not going to
give the gang members, the murderers and the rapists an easy out. And if they
know that all they have to do is get your case down to one witness, I think it
would encourage them to use even more intimidation.” Here in Newark, even in
cases with multiple witnesses — and occasionally even when one of those
witnesses is a police officer — the prosecutor has sometimes been unwilling to
authorize arrests.
Take the case of Lloyd Shears, an Army veteran killed during a robbery in
December. A man told the police he had seen his neighbor fire the fatal shots. A
woman who had been standing next to him told detectives she heard the shots, and
then turned to see the neighbor running from the scene. But the neighbor has not
been charged.
Or consider the killing of Shamid Wallace, an 18-year-old found face down in the
street last August with several gunshot wounds in his torso. Detectives found
two witnesses who identified the man they said they saw kill Mr. Wallace. An
off-duty Newark police officer heard the gunshots, saw a man fleeing with a gun
and later picked the suspect out of a photo array. The suspect has not been
arrested.
Then there is Farad Muhammad, who was stabbed to death last July. One witness
told the police she had seen someone she knew running away from Mr. Muhammad’s
body. An off-duty police officer from neighboring East Orange identified the
same man, saying he had seen the suspect chasing Mr. Muhammad with a knife.
Again, no charges were filed.
Yusef’s parents, who keep a shrine of photographs surrounding his school sports
trophies, still hope that his suspected killer will be arrested soon.
“It’s like they don’t care enough,” said his father, Scottie Edwards, a delivery
truck driver.
Wielding Fear Like a Weapon
But to those who suggest Ms. Dow is overreacting to the problem of witness
intimidation, her supporters point to the death of Steven Edwards, who was shot
and killed in a car on South Eighth Street in January 2006. Within a month,
detectives had three witnesses identifying the gunman.
One of the witnesses, a gang member, quickly announced he would never testify
for fear he would be ostracized for helping the police — or wind up murdered
himself. Six months later, another witness was himself charged in two homicides,
shattering any credibility.
The third witness picked the suspect out of a photo array, but immediately began
to waver when asked about testifying in open court.
“She would not say she was 100 percent sure,” said a police report on the case,
“because she was afraid of retaliation.”
With Witnesses at Risk,
Murder Suspects Go Free, NYT, 1.3.2007,
http://www.nytimes.com/2007/03/01/nyregion/01witness.html
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