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Monday, July 24, 2017

Lizzie Borden to O. J. Simpson: The Disappointing History of Forensic Science

     The historical trajectory of forensic science can be illustrated by three celebrated murder trials: The Lizzie Borden case in 1892; the 1932 murder of the Lindbergh baby and trial of Bruno Richard Hauptmann; and the O. J. Simpson double murder and marathon trial of the mid-1990s. Starting with the Borden case, the arc rises to the Lindbergh investigation and trial, then falls to the bungled Simpson crime scene investigation and subsequent trial featuring investigative and forensic incompetence, hired-gun testimony, and televised courtroom showboating and baffoonery.

Lizzie Borden

     While Lizzie Borden may have had the opportunity, motive, and means of hacking her stepmother and father to death in their Fall River, Massachusetts home on August 4, 1892, the police, without the benefit of forensic serology and latent fingerprint identification, had no way to physically link her to the bludgeoned victims, or to the never identified hatchet believed to be the instrument of death.

     In England, the year of the Borden murders, a biologist named Francis Galton published the world's first book on fingerprint classification. As early as 1880, another Englishman, Henry Faulds, had been writing about the use of finger marks (latent prints) as a method of placing suspects at the scenes of crimes. When Mr. and Mrs. Borden were brutally beaten to death in Fall River, the so-called "exchange principle"--conceived by the French chemist Edmond Locard--that a criminal leaves part of himself at the scene of a crime and takes part of it with him--had not evolved from theory into practice. In 1901, nine years after Lizzie Borden's arrest, scientists in Germany discovered a way to identify and group human blood, a forensic technique that, had it existed in 1892, may have changed the outcome of the Borden case.

     The all-male jury at Lizzie Borden's spectator-packed trial, without being presented with physical evidence linking the 32-year-old defendant to the bludgeoned and bloodied bodies, and believing that upper-middle-class women were too genteel for such brutality, found her not guilty. Had expert witnesses identified the stain on her dress as human blood, and matched a bloody crime scene latent to one of her fingers, the evidence, albeit circumstantial, may have convinced the jurors of her guilt. Assuming that she did in fact commit the double murder, Lizzie, confronted by investigators in possession of such damning, physical evidence, may have confessed, or in the very least, made an incriminating remark.

Bruno Richard Hauptmann

     In 1935, when Bruno Richard Hauptmann, an illegal alien from Germany living in the Bronx went on trial in Flemington, New Jersey for the March 1, 1932 murder of the 20-month-old son of Charles and Anne Lindbergh, America had confidence in forensic science, and considered it the wave of the future. Because no one had seen the 35-year-old defendant climb the homemade, wooden extension ladder to the second story nursery window at the Lindbergh estate near Hopewell, New Jersey, prosecutors didn't possess direct evidence of his guilt. Moreover, no one knew exactly how Hauptmann had killed the baby--had he been strangled, suffocated, or bludgeoned to death?--or even exactly where the murder took place. (A truck driver who had pulled over to relieve himself along the road, found the baby's remains in a shallow grave about two miles from the Lindbergh house.) If Hauptmann were to be convicted, it would have to be entirely on physical evidence. In other words, jurors, based on the physical evidence and its expert analysis, would have to infer his guilt.

     Having eluded detection for two and a half years following the hand-off of $50,000 in ransom money to a shadowy figure in a Bronx cemetery, the kidnapper had been passing the ransom bills, identified by their recorded serial numbers, around New York City. In September 1934, a squad made up of FBI agents, troopers from the New Jersey State Police, and officers with the New York City Police Department, pulled Hauptmann out of his car in Manhattan as he drove from his rented house in the Bronx to Wall Street where he had lost $25,000 in the stock market. From his wallet, the arresting officers recovered one of the ransom bills, and back at his house, found bundles of the ransom money--totaling $14,000--hidden in his garage. Confronted with this and other circumstantial evidence of his guilt, Hauptmann, a low-grade sociopath, refused to confess.

     At Hauptmann's January 1935 trial, the most publicized and celebrated event of its kind in America, and perhaps the world, eight of the country's most prominent questioned document examiners testified that Hauptmann had written the note left in the nursery as well as the fourteen ransom negotiation letters sent to the Lindberghs prior to the cemetery payoff. A federal wood expert from Wisconsin took the stand and identified a board from the kidnap ladder as having come from Hauptmann's attic floor. This witness also matched tool marks on the ladder with test marks from the blade of Hauptmann's wood plane. (Although a carpenter by trade, Hauptmann had not used his tools since the ransom payoff in April 1932.)

     On February 14, 1935, the jury, based upon Hauptmann's possession of the ransom money, and the physical evidence linking him to the extortion documents and the kidnap ladder, found him guilty. On April 3, 1936, following a series of appeals, prison personnel at the state penitentiary in Trenton, New Jersey strapped him into the electric chair and threw the switch. The handful of protestors gathered outside the death house, when informed of Hauptmann's execution, went home.

O. J. Simpson

     Sixty years after Hauptmann's execution, detectives in Los Angeles arrested O. J. Simpson for the murders of his ex-wife Nicole and her friend Ronald Goldman. The blooding knifings occurred at a time when most big city detectives had at least some college education, and months of police academy training. Human blood could not only be identified as such and grouped, it could be traced, through DNA science, to an individual donor. Unlike the Borden murders, the double homicide in California produced identifiable blood stains, drops and pools at the death site, in Simpson's vehicle, and inside his house. The prolonged, nationally televised trial featured the testimony of DNA analysts, crime scene technicians, blood spatter interpretation witnesses, footwear impression experts, and forensic pathologists. The Simpson trial introduced forensic DNA science to the American public, and could have been a showcase for forensic science in general. Instead, the case featured investigative bungling, batteries of opposing experts, prosecutorial incompetence, and a jury so confounded by the conflicting science, they found Simpson not guilty of a crime most people believe he committed.

     Like Lizzie Borden, O. J. Simpson, while acquitted, was not exonerated. He was destined to live out the rest of his life in that gray area between innocence and guilt. In the Borden case, prosecutors did the best they could with what they had. In the Simpson case, the state squandered cutting edge science and an embarrassment of riches in physical, crime scene evidence. Perhaps the greatest lesson of the Simpson case is this: in a time of cutting edge science and relatively high-paid, well-educated police officers, criminal investigation has become a lost art, and forensic science, a failed promise.

Writing The How-To Article

Some kinds of writing are more debilitating than others, and it took me years to learn which, for me, is which. Instructional writing--the pure how-to article--is the worst.

John Jerome, Writing Trade, 1992

Clarence Darrow On The Causes Of Crime

Many writers claim that nearly all crime is caused by economic conditions, or in other words, that poverty is practically the whole cause of crime. Endless statistics have been gathered on this subject which seems to show conclusively that property crimes are largely the result of the unequal distribution of wealth. But crime of any class cannot be ascribed to a single cause. Life is too complex, heredity is too variant and imperfect, too many separate things contribute to human behavior to make it possible to trace all actions to a single cause.

Clarence Darrow

Categories Within The Mystery Genre

The term mystery, as in mystery novel, is an umbrella that shelters a variety of subgenres: the traditional whodunit, the private eye, the classic puzzle, the police procedural, action/adventure, thriller, espionage, the novels of psychological and romantic suspense.

Sue Grafton, Writing Mysteries, 1992 

Criminal Interrogations

     There is a gross misconception, generated and perpetuated by fiction writers, movies, and TV, that if criminal investigators carefully examine a crime scene, they will almost always find a clue that will lead them to the offender, and that, furthermore, once the criminal is located, he will readily confess or otherwise reveal guilt, as by attempting to escape. This however, is pure fiction.

     As a matter of fact, the art and science of criminal investigation have not developed to a point where the search for an the examination of physical evidence will always, or even in most cases, reveal a clue to the identify of the perpetrator or provide the necessary legal proof of guilt. In criminal investigations there are many instances where physical clues are entirely absent, and the only approach to a possible solution of the crime is the interrogation of the criminal suspect. Moreover, in most instances, these interrogations must be conducted under conditions of privacy and for a reasonable period of time. They also frequently require the use of psychological tactics and techniques that could well be classified as "unethical," if we are to evaluate them in terms of ordinary, everyday social behavior. [Examples of "unethical" behavior would include referring to incriminating evidence that doesn't exist. Criminal interrogators don't call this lying, they call it acting.]

Fred E. Inbau, Criminal Interrogations and Confessions, 1986

Sunday, July 23, 2017

The Amish Girls Kidnap Case: There's No Place Safe From Predator Perverts

     At seven in the evening of August 13, 2014, 6-year-old Delila Miller and her 12-year-old sister Fannie, members of an old-order Amish clan consisting of Mose and Barb Miller and their thirteen children, were working on the family farm when a car drove up to the Miller roadside vegetable stand. The Miller family resided in Oswegatchie, New York, a farming community of 4,000 near the Canadian border 150 miles north of Albany. Because the land was relatively inexpensive and the soil fertile, the Oswegatchie area had grown into the second largest Amish enclave in the state.

     When Delila and Fannie saw the 4-door white sedan pull up to the vegetable stand they walked the few hundred feet between the barn and the stand to greet the customers. The couple drove off, and when they did, the girls were gone. Someone ran to an English neighbor's house and called 911.

     The authorities issued an Amber Alert while scuba drivers prepared to search nearby rivers and helicopters flew over the area in search of the missing girls. Agents on the US/Canadian border reviewed surveillance camera footage in the event the abductors left the country.

     On Thursday evening at eight o'clock, 24 hours after the abduction, the kidnappers dropped the Amish girls off in Richville, New York, a town thirty miles from the Miller farm. The girls knocked on the first door they came to and asked for help. They were greeted by Jeff and Pam Stinson who recognized the older girl from  having purchased corn from her at the Miller produce stand.

     It had been raining and the girls were cold and wet. They were also hungry so the Stinson fed them grape juice and servings of watermelon. The girls quickly consumed the food and were driven straight home where they were met by the police.

     Police officers, working off clues provided by the kidnapped girls, identified a pair of suspects and took them into custody Friday night, August 15, 2014. Charged with counts of first-degree kidnapping, officers booked 39-year-old Stephen Howells II and Nicole Vaisey, 25, into the St. Lawrence County Jail.

     Stephen Howells lived in nearby Hermon, New York with Vaisey, his girlfriend. According to the St. Lawrence County sheriff, the couple and their victims did not know each other. The district attorney told reporters that Howells and Vaisey sexually abused the girls during their period of captivity. The judge denied the suspects bond.

     Sheriff Kevin Wells, at a press conference Saturday morning, August 16, in speaking about the suspects, said there was "definite potential" of other kidnap victims associated with the couple. As a result, addition charges could be filed against Howells and Vaisey. The sheriff said he believed the Amish kidnappings had been carefully planned.

     Howells, a father of three, worked as a registered nurse at Claxton-Hepburn Medical Center in Ogdenburg, a town adjacent to Oswegatchie.

     Nicole Vaisey graduated with honors in 2011 from Mercyhurst College in Erie, Pennsylvania. During her senior year, as a psychology major, she received a $1,500 grant to do research about the effects of watching pornography on attitudes toward rape. She was president of the Mercyhurst chapter of Psi chi and a member of the Mercyhurst Psychology club and the school's Active Minds club.

     Upon graduation from Mercyhurst, Vaisey worked as a substitute teacher at a day care center then took a job with an agency in St. Lawrence County that serves developmentally disabled people. After moving in with Stephen Howell, she worked twice a week as a dog groomer at Bows & Bandanas Pet Salon and Resort. The couple met eighteen months ago online.

     Vaisey's lawyer, Bradford C. Riendeau, told a reporter with The New York Times that he planned to argue in court that his client was in an abusive and submissive relationship with Howells. She was not, he said, the lead person in the kidnapping. "She appears to have been the slave and he was the master."

     St. Lawrence County district attorney Mary Rain, said, "We are confident that Vaisey was equally involved in the allegations as he was."

    In May 2015, Howells pleaded guilty to the sexual exploitation of six children, including the two Amish victims. He also pleaded guilty to five counts of child pornography.

     Nicole Vaisey, that May, pleaded guilty to conspiracy to sexually exploit minors as well as nine counts of sex exploitation of children.

     In January 2016, St. Lawrence County Judge Jerome Richards sentenced each defendant to 25 years in prison. These sentences ran concurrently with the couples' earlier sentencing in federal court. In the federal kidnapping case, Howell received a prison term of 580 years. Vaisey was sentenced to 300 years behind bars. 

Execution by Gas Chamber

     It would be hard to devise a more expensive, dangerous, or cruel method of execution than death by gas chamber, which was designed and invented by Army Medical Corps officer Major Delos Turner and stands as the only execution device that requires the condemned to participate in his or her own execution, by inhaling lethal gas.

     Dr. Allen McLean Hamilton, a toxicologist, first proposed the gassing of inmates to the state of Nevada, whose legislature adopted it as the state's official method of execution in 1921, replacing the electric chair.

     Between 1930 and 1999, 955 men and 7 women died in gas chambers in eleven states: Arizona, California, Maryland, Missouri, Mississippi, Nevada, New Mexico, North Carolina, Oregon, and Wyoming. Nevada came first with the gassing to death of Gee Jong on February 8, 1924, and Arizona last with a German national named Walter LeGrand on March 3, 1999. Four states, including Arizona, have retained the gas chamber as an alternative method of execution, even though it has proved to be anything but humane.

     Death in a gas chamber usually takes six to eighteen minutes. It took eleven minutes before Donald Harding was pronounced dead in the Arizona gas chamber on April 6, 1992. The warden presiding over the execution said he would quit his job before carrying out another gas chamber execution.

     The ritual of this form of execution begins when the condemned inmate is led into the death chamber and strapped into a chair by the arms, waist, ankles, and chest. A mask covers the inmate's face. The chamber is sealed. An executioner pours sulfuric acid down a tube into a metal container on the floor below a metal canister that contains cyanide pellets.

     An open curtain allows witnesses to see the inmate in the chamber. If the inmate has a final statement, it is read. Then the warden signals the executioner, who hits an electric switch that opens the bottom of the metal canister and releases the cyanide pellets into the acid, unleashing a cloud of lethal gas.

Billy Wayne Sinclair and Jodie Sinclair, Capital Punishment, 2009

What is Literary Success?

     It is important to establish your own definition of success. Is it one story? A completed manuscript? One appreciative reader? Publication? A bestseller? A number-one bestseller? Ten number-one bestsellers?…

     [According to writer Irvine Walsh]: "I'll just write until I can't write anymore. If my next book was my last book, I wouldn't care at all. If my next book was my two hundredth from last, it wouldn't bother me. You can only write so long as you've got something to say. I don't think there's any particular virtue in being a writer."

In Ian Jackman, editor, The Writer's Mentor, 2004 

The Pompous Writer

     Sometimes it takes courage to drop our pretensions, to choose use instead of utilize, rain instead of precipitation, arithmetic instead of computational skills. An idea expressed in simple English has to stand on its own, naked and unadorned, while ostentatious words sound impressive even when they mean nothing.

     Not all pompous writers are showing off or covering up their ignorance. Some are just timid, imagining that their ideas are flimsy or flawed or silly, even when they aren't. If you've done your homework, you shouldn't have to disguise your ideas with showy language. Be brave. Write plainly.

     The truth about big, ostentatious words is that they don't work as well as simple ones.

Patricia T. O'Conner, Words Fail Me, 1999

Saturday, July 22, 2017

Too Fat To Execute? America's Biggest and Baddest Losers

     America's weight problem has changed the way we live (and die), and has affected how we punish, or can't punish, some of our worst criminals. The issue of a condemned man's weight arose in 1994 when a death row inmate argued that he was too fat to be humanely executed. In 1981, Mitchell Rupe shot two bank tellers to death in a Olympia, Washington robbery. In 1994, federal judge Thomas S. Zilly ruled that the 425-pound convicted double murderer was too heavy to be hanged.

     Judge Zilly was afraid that when Mr. Rupe ran out of rope, his body would keep going without his head. Although not as clean as having one's head severed by a guillotine, this form of decapitation is no less effective. Since the whole point of executing someone is to kill them quickly, it's not clear to me why Judge Zilly considered hanging Rupe as cruel and unusual punishment. Okay, it would comprise an unusual way of dispatching a condemned prisoner, but how can one method of state-run sudden death be crueler than another equally effective technique? From the perspective of the death row inmate, the cruelty lies in watching the clock tick down to the big moment. In Mitchell Rupe's case, Judge Zilly was apparently more concerned with execution aesthetics than effectiveness.

     As it turned out, Judge Zilly, by saving Mitchell Rupe from a quick and painless end, sentenced him to a slow, painful death caused by liver disease, advanced cirrhosis, and hepatitis C. Rupe died on February 8, 2006 at age 51. At the time of his death his weight had fallen to 260 pounds. As a result of the Rupe case, the Washington legislature, in 1996, changed the state's method of execution from hanging to lethal injection.

     In 1981, the year Mitchell Rupe gunned down the two bank tellers in Olympia, Allen "Tiny" Davis murdered a pregnant woman and her two children during a home invasion robbery in Jacksonville, Florida. A year later, a jury found him guilty of three counts of first degree murder. The judge sentenced Davis to death. In 1998, as Davis' execution date approached, the 54-year-old death row inmate's attorney argued that his 355-pound client was too heavy for the state's 76-year-old electric chair. (In the old days, when the prison diet consisted of bread and water, weight wasn't a problem. Just kidding.)

     Since it was built in 1923, Florida's "Old Sparky," having dispatched 200 occupants, had done it's job quite effectively. However, in 1997, during the execution of a prisoner, the chair sort of malfunctioned. When the executioner applied the juice, flames shot a foot in the air from the top of the condemned man's head. The following year, following this gruesome tableau, the prison, with Allen "Tiny" Davis in mind, oversaw the construction of a new, heavy-duty electric chair that could accommodate a 350-pount guest. On July 8, 1999, the Florida state execution ran 2,300 volts through the metal cap on Davis' head for two minutes. It wasn't pretty, but Old Sparky II did its job.

     Executing overweight prisoners through lethal injection has also presented problems for condemned men and their executioners. On May 24, 2007, an executioner in Ohio ran into difficulty killing 38-year-old Christopher Newton. Six years earlier, while serving time for burglary, Newton had murdered his cellmate. Now it was his time to go. Because of his weight--Newton tipped the scales at 265--it took the executioner two hours and ten attempts to find a proper vein for the inmate's lethal dose of pentobarbital. During the prolonged execution, Newton was actually granted a bathroom break. Once again, the death room aesthetics were not good. While obese people are generally unhealthy, and die relatively young, they are apparently difficult to execute. I guess you'd call that a paradox.

     Nineteen-year-old Richard Cooey, in 1986, threw chunks of concrete off a bridge over Interstate 77 near Akron, Ohio, causing the deaths of two University of Akron students. As his execution date approached, the five-foot-seven, 267-pound inmate claimed that prison food and the lack of exercise had made him too fat to execute. According to Cooey, because of his excess weight, the executioner would have a difficult time locating a vein for the lethal dose. The 41-year-old killer did not prevail in his effort to escape his date with the deadly needle. On October 14, 2008, the Ohio executioner had no difficulty finding a way in for the pentobarbital.

     Ronald Ray Post was on death row at Ohio's Mansfield Correctional Institution for murdering a woman in 1983. According to his attorney, Post was so heavy at 480 pounds the execution gurney may not be strong enough to roll him to his death. Moreover, because of his morbid obesity (pun intended), Post's executioner may have a hard time locating a good vein for the killing agent. In support of his petition to escape his death sentence, Post submitted evidence that medical personnel at the institution had in the past struggled to insert an IV into the 53-year-old's left arm.

     In 2013, not long after Ohio Governor John Kasich commuted Post's death sentence to life, the murderer died of natural causes while being treated at the Franklin Medical Center in Columbus.

     If candidates for the death penalty are becoming too fat to electrocute, hang, or inject, maybe we should consider bringing back the firing-squad. Since there are rifles that can bring down elephants, I see no reason to spare the lives of fat murderers who's crimes were so atrocious they qualified for the death sentence. I don't think it's right to allow prisoners to eat themselves out of death row. Since people who have not murdered anyone pay the consequences for overeating, so should inmates scheduled for execution. 

Not Everyone Is a Fan of Russian Literature

The one genre I absolutely cannot stand is Russian literature. You need genealogy charts to just figure out the characters, every novel is a thousand pages and pretty much everyone dies.

Jodi Picoult, The New York Times Book Review, October 12, 2014 

Sociopaths and Conflict of Interest

It is impossible to explain the concept of conflict of interest to an unethical lawyer, stock broker, or real estate agent. That's because these sociopaths only recognize one interest--their own. So where's the conflict?

Jim Fisher

When to Blow a Bad Book Out of the Water

Is a reviewer ever justified in attempting to blow a bad book out of the water? I think the answer is yes, but the reviewer must choose his targets with the greatest of care. It's not enough for the book to be bad; other elements must be present: smugness; pretentiousness; and over inflated reputation; clear evidence that a book's badness is not the result of incompetence, but of deliberate design. Such books represent an assault on the republic of letters and should not be ignored.

Peter Prescott, Never in Doubt, 1986

James F. Neal on Trial Technique

You wait for the prosecutor to make a mistake and hope that your total, thorough preparation will allow you to take advantage of that mistake. And they will make mistakes....I never take the chance that will result in a bad error. I try not to stretch what I'm doing into making a mistake--not to try to put on too much cross-examination, not to put a witness on who might either be a great witness or a disaster. If someone is going to win a case against me, they're going to beat me. But I don't beat myself.

 James F. Neal in Emily Couric, The Trial Lawyers, 1988 [James Neal, the famed trial attorney, was one of my professors at Vanderbilt University Law School. Neal also became an actor who appeared in several theatrical movies. He died in 2010.]   

Friday, July 21, 2017

Doris Payne's Lifelong Shoplifting Career

     Slab Fork, West Virginia, a tiny unincorporated community in the southern part of the state, is the birthplace and childhood home of one infamous person. That person, born on October 10, 1930, is Doris Payne.

     In 1950 Doris and her family moved from West Virginia to Cleveland, Ohio where she began her notorious, lifelong career as a retail thief. Over the next 65 years Doris collected 20 aliases, 10 social security numbers, 9 dates of birth, and dozens of shoplifting arrests in places such as Monaco, Paris, Monte Carlo, and Toyko. Most of her arrests, however, occurred in the United States.

     Payne's criminal career mainly featured her stealing expensive jewelry from high-end stores like Saks Fifth Avenue. Her modus operandi was simple: she would ask the store clerk to show her so many pieces of jewelry that the sales employee lost track of what was out of the showcase. Payne waited for the clerk to become distracted at which point she would scoop up an item, put it into her pocket, and walk out of the store.

     In 2003, at the age of 73, Payne got caught stealing a fancy ring in Los Angeles. On September 23, 2005, police arrested her for shoplifting at a high-end store in Las Vegas.

     In January 2011, the elderly woman with the sticky fingers was caught stealing a diamond ring from a store in San Diego. That theft brought her a prison sentence of two years.

     In Costa Mesa, California, on January 2013, a Saks Fifth Avenue store detective caught Doris Payne removing the price tag from a $1,300 Burberry trench coat. (She probably planned to walk out of the store wearing the garment.) She pleaded guilty and was sentenced to two years behind bars. However, because of prison overcrowding in the state, a judge released Payne from custody after she had served only three months of her sentence.

     In 2013, Doris Payne was featured in a television documentary called "The Life and Crimes of Doris Payne." The film included interviews with Payne herself along with her daughter and son, her best friend, and police officers from around the country. The documentary was marketed as a rags to riches story of how a poor, single, African-American mother from the segregated 1950s wound up as one of the world's most notorious jewel thieves.

     In July 2015, the 85-year-old retail thief got caught stealing a $32,000 diamond-studded David Yurman engagement ring from a store in the South Park Mall in Charlotte, North Carolina. Following her arrest she made bail and fled the state.

     On Monday October 26, 2015, a loss prevention officer at the Saks Fifth Avenue store in the upscale Buckhead neighborhood of Atlanta saw Doris Payne pocket a set of Christian Dior earrings and walk out of the store. When police officers ran a crime history check on the suspect they realized they had nabbed the notorious thief and fugitive who was wanted on a warrant out of Charlotte, North Carolina.

     Shortly after the authorities booked Payne into the Fulton County Jail in Atlanta, she paid her $2,500 bond and was released. Her attorney, Scott McCullers told reporters that Payne planned to plead not guilty to her latest shoplifting arrest. The lawyer said that because of the 2013 TV documentary about his client's life of crime, she was being persecuted.

     In December 2016, the police arrested Payne at a department store outside of Atlanta for stealing diamond necklaces worth $2,000. She made bail and was released on the condition she wear an ankle bracelet.

     On March 6, 2017, when Payne didn't show for a court proceeding, the judge issued a bench warrant for her arrest.

     The 86-year-old career thief, on July 18, 2017, was caught stealing merchandise from a Walmart store in Chamblee, Georgia. She had $86.22 worth of un-purchased items in her handbag. At the time of her apprehension, Payne was wearing her ankle bracelet. Officers booked her into the Fulton County Jail.

    In this case, any kind of sentence, even a lenient one, could end up being a life sentence. Since this woman apparently couldn't live without stealing from stores, perhaps putting her behind bars for a couple of years was appropriate. One can only guess how many times a store detective, after catching her conceal un-purchased merchandise in her purse, let her go after retrieving the items. Who wanted to call the police on a pathetic, confused old woman?  One can also image how many times she walked out of the store with her loot. When shoplifters get away with their crime, honest customers pick up the bill in the form of higher retail prices. 

A Frivolous Lawsuit Over Hot Fajitas

     America has become a litigious society overrun by personal injury lawyers in search of deep-pocket defendants (once called ambulance chasers) and greedy, bogus plaintiffs looking for a big payday at the expense of the rest of us. You can't escape these hungry, aggressive lawyers who advertise on billboards and around the clock on television. This is why it is so gratifying to witness the demise of a frivolous personal injury suit.

     Hiram Jimenez and his brother, in March 2010, were sitting in a booth at Applebee's Neighborhood Grill and Bar in Westampton, New Jersey. When the waitress placed a sizzling hot skillet in front of Jimenez, he said to his brother, "Let's have a prayer."

     When Mr. Jimenez bowed his head in prayer over the hot fajitas dish, he heard what he described as a "loud sizzling noise and a pop sound" followed by a burning sensation on his face. He tried to push the food off the table but it landed on his lap.

     Claiming "serious and permanent" injuries because the waitress failed to warn him of the dangerous and hazardous fajitas grease she had exposed him to, Mr. Jimenez filed a personal injury suit against the California-based chain of 1,900 restaurants. The plaintiff sought an undisclosed amount of money--damages--as a result of the waitress' negligence.

     A New Jersey trial judge dismissed the burning fajitas case stating that a restaurant does not have a legal duty to warn patrons about food dangers that are open and obvious. Mr. Jimenez appealed this ruling.

     In February 2015, a two-judge appellate court panel affirmed the lower court's dismissal of the Applebee's suit noting that the sizzling hot fajitas platter constituted a "self-evident" hazard.

     

Writing About Animals

I write about animals because I really like animals. I'm also interested in the animalistic side of human nature, and when and why humans cross over into doing very violent things. [When animals become gratuitously violent they are acting like humans. In other words, violent human behavior is more humanistic than animalistic.] Writing about animals is a way of getting at readers' emotions. People sometimes open up their emotions to animals more easily than they do other people. You see that with the way people get so obsessed with their pets. A big thing you see in New York is a person walking their dog with a diamond-stud collar, right past a homeless person. [Unlike people, dogs do not become paranoid schizophrenics.] That interests me as well. My stories are about people, but I use animals as vehicles to get at the people.

Carole Burns, Off the Page, 2008

The History Of Private Security

Although America inherited the historic English tradition of citizens individually and collectively protecting self and neighborhood, this concept slowly moved to the background in the nineteenth century with the formation of public police departments. But when crime rates were rising in America during the late 1960s, 1970s, and 1980s, citizens and commerce tried once again to develop their own ways to feel safer and protect their assets. Institutions created internal security measures or hired outside personnel and consultants. Individuals, organizations, and business proprietors spent money on a wide variety of security products and services. [In the retail sector, reducing employee theft and shoplifting is called loss prevention.]

Henry Ruth and Kevin R. Reitz, The Challenge of Crime, 2003

Thursday, July 20, 2017

Dr. Ralph Erdmann: The Forensic Pathologist From Hell

     Most forensic pathologists are hardworking, well intentioned, and competent. Even the best of them make honest mistakes. But over the years there have been several high-profile embarrassments to the profession. These forensic pathologists, because they were careless, incompetent, corrupt, or weak, did great harm to criminal defendants, victims of crime, and forensic science. Dr. Ralph Erdmann, a run-amok forensic pathologist who worked many years in west Texas represents the worst of the worst.

     In 1981, 25 years after acquiring a medical degree in Mexico, Dr. Erdmann moved to Childress in Lubbock County, Texas. He began, on a private contract basis, doing autopsies for five small hospitals in the county. He moved to Amarillo in 1983 and began performing autopsies for hire throughout the Texas panhandle region. Over the next decade, Dr. Erdmann conducted more than 3,000 autopsies in 41 jurisdictions. In 1990, at the height of his activity, he performed 480 autopsies. The following year he did 310, most of which were performed in Lubbock County. For his work in Lubbock County, Dr. Erdmann received an annual fee of $140,000. In the smaller counties Dr. Erdmann charged $650 per autopsy. The forensic pathologist had a large territory to cover and was constantly on the move, performing autopsies on the run.

     Because he covered a rural area Dr. Erdmann did not always work under ideal conditions. In cases of decomposing bodies, many of the smaller hospitals denied him access to autopsy space because of the stink. As a result he performed autopsies in funeral home garages, hospital loading docks, parking lots, and abandoned houses. Dr. Erdmann once performed an autopsy on a door laid across two 55-gallon drums.

     It wasn't just his take-charge work ethic that made Dr. Erdmann so popular with detectives and county prosecutors. What they especially liked about this pathologist was his unabashed eagerness to tailor his autopsy findings to their law enforcement needs. If the prosecution needed a victim or suspect to have alcohol in his or her blood, that was not a problem. It didn't matter that no blood-alcohol test had been administered in the case. If a certain time of death was necessary to incriminate a defendant, Dr. Erdmann would provide it, even if such a precise estimation was scientifically infeasible.

     Because Dr. Erdmann made their jobs so easy, many detectives and prosecutors turned a blind eye to his personal weirdness, sloppy work habits, questionable science, embarrassing omissions, and patent dishonesty. Even with the support of the law enforcement community, Dr. Erdmann was so obviously unfit for the job he was eventually drummed out of the profession.

     By 1992, after a number of defense attorneys began challenging and exposing Dr. Erdmann's methods and findings, the outlandish nature of his malpractice began to catch up to him. That year he was forced to surrender his Texas medical license to the State Board of Medical Examiners. He also pleaded guilty to charging several counties for autopsies he had not conducted. The judge sentenced Erdmann to 10 years of probation and 200 hours of community service. He also had to pay $17,000 in restitution. The following year Dr. Erdmann left Texas for the state of Washington.

     A review of Dr. Erdmann's work explains how he had been able to perform so many autopsies. He cut corners. For example, he didn't bother to weigh the internal organs he removed. And in many cases, he didn't even bother to cut them out of the corpse. He simply estimated their weights. Dr. Erdmann got caught doing this when the family of a man he had autopsied noticed, in the autopsy report, the weight of the dead man's spleen. Years before his death this man's spleen had been surgically removed.

     Even in situations where the cause of death was obviously murder, Dr. Erdmann didn't always get it right. In the case of a body found in a dumpster, Dr. Erdmann reported the cause of death as pneumonia. The police later arrested the suspect who had stolen the dead man's car, shot him in the head, then disposed of his body in that dumpster. Perhaps this man had pneumonia when he was shot to death, but it was the bullet that killed him. In another body-in-the-dumpster case, Dr. Erdmann lost the dead man's head, the body part containing the fatal bullet that would have connected the shooter to the murder. Without the head or the bullet, the suspect could not be prosecuted.

     In a fatal hit-and-run case, Dr. Erdmann testified that the victim had died instantly of a broken neck. He based this finding on his examination of the 14-year-old victim's brain. But when the body was exhumed, another forensic pathologist found that Erdmann had not even bothered to open the boy's skull.

     In the case of an infant who died in a bathtub, Dr. Erdmann determined that the baby had been killed by a blow to the stomach. This led to the arrest of the man who was in the house when the infant died. After a second forensic pathologist examined the body, the prosecutor had to drop the murder charge. The baby had drowned accidentally. The cause of death: asphyxia.

     As reported in the ABA Journal, as a result of Ralph Erdmann's bungled and incomplete autopsies, the defendants in 20 murder cases had grounds to appeal their convictions. The panel of experts who looked at 300 of his autopsy reports--a relatively small sampling--found that 1/3 of the bodies had not even been cut open. When confronted with this evidence, Dr. Erdmann explained it away as clerical errors. He never admitted wrongdoing and would continue to insist that he was not dishonest or incompetent. Yes, he had made a few mistakes, but he had been forced to work under unfavorable conditions. The forensic pathologist accused his critics of being revenge-minded defense attorneys and characterized the investigation of his work and career as a witch hunt.

     On July 23, 2010, in Dallas, Texas, Dr. Erdmann died at the age of 83.

    

Who Killed Kennedy?

Even the basic facts of [John F.] Kennedy's death are still subject to heated argument. The historical consensus seems to have settled on Lee Harvey Oswald as the lone assassin, but conspiracy speculation abounds--involving [Lyndon B.] Johnson, the C.I.A., the mob, Fidel Castro or a baroque combination of all of them. Many of the theories have been circulating for decades and have now found new life on the Internet, in Web sites febrile with unfiltered and at times unhinged musings. [According to Vincent Bugliosi, 82 people have, over the years, been accused of assassinating President Kennedy.]

Jill Abramson, "The Elusive President," The New York Times Book Review, October 27, 2013

Dead White Guy Classroom Literature

I don't love women writers enough to teach them. If you want women writers go down the hall. What I teach is guys. [Elmore Leonard, F. Scott Fitzgerald, Anton Chekhov, Marcel Proust, Leo Tolstoy, Henry Miller, and Philip Roth.]

 David Gilmour, novelist and professor at the University of Toronto. Hazlitt.com, September 26, 2013 

Talking Versus Writing

Those who tell stories better than they write them are the bane of editors. Editors dread wasting time on captivating talkers whose words lose their fizz on the page. Obviously, writing skills transcend conversational skills. But the drama and flair we bring to telling stories is too often lost once our words are nailed down on paper. Most of us converse better than we write because we feel so much less vulnerable when addressing a limited number of ears. While talking, we can alter material or adjust our delivery in response to cues from others. If things get out of hand, we can change the subject altogether. Even whey they bomb, spoken words float off toward Mars. They can always be denied. "That isn't what I said!" is a great court of last resort. But words we've committed to paper [or online] can be held in evidence against us as long as that paper exists. Is it any wonder that we're scared to make this commitment?

Ralph Keyes, The Courage to Write, 1995

Winston Churchill on Who's a Prostitute

Sir Winston Churchill supposedly asked Lady Astor whether she would sleep with him for five million pounds. She said she supposed she would. Then he asked whether she would sleep with him for only five pounds. She answered,"What do you think I am?" His response was, "We've already established that; we're merely haggling over price."

Marcus Felson, Crime and Everyday Life, Second Edition, 1998 

Wednesday, July 19, 2017

Watery Graves: The Mystery of Foss Lake

     There's no telling how many murder victims lay on the bottom of America's lakes, rivers, and ponds. Most people don't realize that these boating, swimming, and fishing sites are also the unmarked graves of people who have gone missing and might never be found. It's a sobering thought.

     Whenever a lake goes dry or is drained, law enforcement officers often gather to recover guns, knives, cars, safes, cellphones, computers, wallets, and other potential indicia of foul play. Occasionally, the remains of missing persons are exposed as well. When that happens, one mystery is solved and another is created.

     On September 10, 2013, Oklahoma Highway Patrol officer George Hoyle, while testing a sonar detection device from a boat on Foss Lake 110 miles west of Oklahoma City, discovered a pair of vehicles sitting under twelve feet of murky water.

     A week after the vehicles were detected, Darrell Splawn, a member of the state's underwater search and rescue team, dove into the lake for a closer look. At this point, officers believed they had found a pair of stolen cars.

     When officer Splawn opened the door to one of the vehicles and probed its interior, his hand came in contact with a shoe. He also discovered, near the car, a human skull. The diver surfaced to report his finds. When the diver slipped back into the muddy water to check on the other vehicle, he saw skeletal remains inside the second car.

     Once the heavily corroded cars--a 1952 Chevrolet and a 1969 Chevy Camero--were pulled out of the reservoir, they revealed their gruesome secrets. Each vehicle contained the skeletal remains of three people. Officers also recovered, among other items, a muddy wallet and a purse.

     On April 8, 1969, 69-year-old John Alva Porter, the owner of a 1952 green Chevy, went missing. In the car with him that night were his brother Arlie and 58-year-old Nora Marie Duncan. These three residents of nearby Elk City, along with the Chevy, disappeared without a trace. No one had any idea what had happened to them.

     Jimmy Williams, a 16-year-old from Sayre, Oklahoma, a town of 4,000 a few miles from the lake, owned a 1969 Chevrolet Camero. On the night of November 20, 1970, he and two friends--Thomas Michael Rios and Leah Gail Johnson--both 18, were riding in Williams' car. Instead of going to the high school football game in Elk City, the trio had gone hunting on Turkey Creek Road. The teenagers and the Camero were never seen again.

     While the six skeletal remains are presumed to match the two sets of missing persons, it would take months to scientifically confirm their identities. Forensic scientists in the Oklahoma Medical Examiner's Office compared DNA from the bones with DNA samples from surviving family members. Dr. Angela Berg, the state forensic anthropologist, determined the gender, general stature, and approximate ages of the people pulled out of the lake. She did this by analyzing leg and pelvic bones along with the skulls. This data was compared with information contained in the missing person reports.

     What the 44-year-old remains did not reveal was the manner and cause of these deaths. While the six people presumably drowned, they could have been murdered by gun, knife, or blunt instrument then dumped into the lake. To rule out foul play, the forensic pathologist and the anthropologist looked for signs of trauma such as bullet holes, knife wounds; and smashed or broken bones. The forensic scientists also attempted to determine if the fates of the people inside the two cars were somehow connected.

     Custer County Sheriff Bruce Peoples told an Associated Press reporter that it was possible these underwater victims had been driven accidentally into the lake where they had drowned. "We know that to happen even if you know your way around," he said. "It can happen that quick." While that is certainly possible, until murder is ruled out, it should be presumed.

     In October 2014, the forensic pathologist officially confirmed the identities of the six sets of remains. Two months later, the medical examiner's office ruled out foul play. Some of the victims' family members, however, remained skeptical and suspected foul play in the deaths.

     

A Writer Buried in Books

     I've decided that books are my enemy, though they used to be my great love. They are taking over. They crowd my dining room, they double up in the bedroom, they make the attic floor sag. We even have a library in the bathroom: shelves and shelves of books where a normal person might have a vanity table or piles of towels….

     I once went through our library and calculated that my husband and I had read about a third of the books that we own, and I think, as we buy more books and read of third of what we buy, that the statistic is more or less holding up. Sometimes we even buy a book and go to put it on one of our few organized shelves only to find that it is already there….

     We have a psychological problem and we recognize it: We never get rid of books….It's a sick relationship we have with these piles of pages between covers. Most people wold be secretly bragging if they said this, but I'm not bragging. I think it's weird and demented. Maybe I'm so involved with my books' fate because I am a writer, and I can all too well imagine a reader taking one of my books and cosigning it to the trash heap.

Amy Wilentz, "…One Book Out," The New York Times Book Review, August 4, 2013

Science Writing

Science writing has a reputation for bloodlessness, but in many ways it is the most human of disciplines. Science, after all, is a quest, and as such it's one of the oldest and most enduring stories we have. It's about searching for answers, struggling with setbacks, persevering through tedium and competing with colleagues all eager to put forth their own ideas about how the world works. Perhaps most of all, it's about women and men possessed by curiosity, people who devote their lives to pursuits the rest of us find mystifying or terrifying--chasing viruses, finding undiscovered planets, dusting off dinosaurs or teasing venomous snakes.

Michelle Nijhuis, "The Science and Art of Science Writing," The New York Times, December 9, 2013

Outlawing Guns

When guns are outlawed, only the government will have guns--the government and a few outlaws. If that happens, you can count me among the outlaws.

Edward Abbey, Postcards From Ed, 2006

Sherlock Holmes on Vigilantism

I think that there are certain crimes which the law cannot touch, and which therefore, to some extent, justify private revenge.

Sherlock Holmes in Arthur Conan Doyle's "The Adventure of Charles Augustus Milverton" 

Tuesday, July 18, 2017

Professor Rainer Reinscheid's Revenge

     Rainer Klaus Reinscheid was an Associate Professor in the Department of Pharmaceutical Sciences at the University of California, Irvine. The 48-year-old lived in the Orange County city of 223,000, thirty miles southeast of Los Angeles, with his second wife, two stepchildren, and his 14-year-old son from his first marriage.

     In March 2012, Reinscheid's son, Claus Stubbe, a student at Irvine's University High School, got in trouble for stealing something from the student store. As punishment, the assistant principal assigned the boy trash pick-up duties during the school's lunch hour. Shortly after this mild disciplinary action, a worker at the Mason Park Preserve adjoining the high school campus, found the boy hanging from a tree in a wooded area of the park.

     Professor Reinscheid blamed his son's suicide on the assistant principal who had disciplined the boy. On April 26, 2012, the distraught father, on his cellphone, emailed his wife details of his intention to take out revenge on his son's death. His plan, in general, included shooting 200 students at University  High School, murdering the assistant principal, and raping as many high school girls as he could. Once he had accomplished his mission, he'd kill himself.

     In one of two emails to his wife that day, the revenge-minded professor wrote: "I need a gun, many guns, and then I have the ride of my life. I will give myself a wonderful ending with Klaus very soon. I like this plan, finally a good idea." Two days later, in another email, Reinscheid said that while he was casing out the high school campus, he had fantasized about having sex with every girl he had seen.

     On July 4 and 19, 2012, a series of small fires broke out in Mason Park Preserve. Fire fighters also responded to a fire someone had set outside the home of University High School's assistant principal. Following the two fires in the park, the Irvine police beefed up patrols of the preserve. At 12:45 in the morning of July 24, police officers patrolling the park caught Professor Reinscheid igniting newspapers soaked in lighter fluid. He was starting the fire not far from where his son had committed suicide. The officers arrested him on the spot. The next day, charged with arson, Professor Reinscheid posted his $50,000 bond, and was released from custody.

     Police investigators, after linking Reinscheid to three incendiary fires at the high school, and the one at the assistant principal's house, charged the professor with four additional counts of arson, and a count of attempted murder. By now, detectives had discovered the emails Reinscheid had sent to his wife detailing his intent to seek revenge for his son's suicide. Although the content of these emails--private musings rather than threats sent to targeted individuals--were not considered chargeable criminal offenses, police re-arrested the professor on the additional arson and attempted murder charges. (Whether or not the professor's very specific revenge emails is a crime poses an interesting legal question. Had the emails suggested a conspiracy, and he had acted upon that plan by buying a gun, it would have been an offense. Had there been an agreement with a fellow conspirator to carry out the crimes, the fires would have been acts in furtherance of that conspiracy.)

     The Orange County prosecutor, using the revenge emails as evidence that Rainer Reinscheid was a danger to society, asked that he be held in custody without bail. The judge agreed, and denied the professor bond.

     On July 27, the Irvine police re-arrested Professor Reinscheid in his office at the University of California. When they took him into custody, he was drafting a document on his computer giving his wife power of attorney over his finances. When searching his car, officers found a red folder containing a newly drafted and signed last will and testament.

     Reinscheid pleaded guilty in July 2013 to six counts of arson, three counts of attempted arson, and resisting or obstructing an officer. Reinscheid faced a maximum sentence of 18 years behind bars.The Orange County prosecutor had dropped the attempted murder charge. A month later, on the first day of his sentencing hearing, Reinscheid said, "I lost my son, and then I lost myself. Now, I am asking you, your honor , and many other people, to forgive me and show mercy." Reinscheid said he wanted to return to his native Germany where he could find work to support his family. The ex-professor acknowledged that his career in academia was over.

     School superintendent Tracy L. Walker, in a statement read aloud at the hearing, wrote: "That tragedy [the boy's suicide] cannot serve as justification for terrorizing a school community and staff members who have dedicated their lives to helping others."

     On the second day of Reinscheid's sentence hearing, the judge heard from the University High School assistant principal whose house Reinscheid tried to burn down. The school administrator said that his life will never be the same.

     In an effort to mitigate his client's criminal rampage, defense attorney Joshua Glotzer noted that his client had been "self-medicating" with drugs he had ordered online. The professor had also been drinking cheap wine. The drugs and the wine, according to the attorney, had led to a "perfect storm" that provoked the arsons.

     On August 22, 2013, the judge sentenced the former professor to 14 years and 4 months in prison.
     

Raymond Chandler on Dashiell Hammett

In the late 1930s Raymond Chandler extrolled the virtues of Dashiell Hammet (who, he felt, took murder out of the library and put it back on the streets where it belonged) and defined the hard-boiled detective genre in an essay for the Atlantic Monthly entitled, "The Simple Art of Murder." He might have been writing a justification of his own work as well: uncluttered prose, lots of metaphors, a wisecracking detective (Philip Marlowe), and the mean streets of a tough and uncaring city.

Nancy Pearl, Book Lust, 2003 

Seasoning Your Writing With Humor

Most writers aren't relentlessly funny from beginning to end, and they don't have to be. A pinch of humor that works is better than a potful that doesn't. For most of us humor is merely seasoning; it's not the whole dish.

Patricia O'Conner, Words Fail Me, 1999

Does The Death Penalty Deter Murder?

When we look closely into it, there are two categories of people who commit murder: (1) Those who are sane (know the nature and quality or consequences of their act) but hope to escape the penalty; (2) Those who are insane, and these either do not know or do not care what they do. Homicides are either the one or the other, so it is difficult to appreciate the deterring effect of the death penalty upon their minds. I am not a psychologist or metaphysician, or even a theologian, so I cannot resolve this difficult problem except by saying that, if a man knows what will happen as a result of an act of his, and hopes so strongly to escape the consequences that he actually commits the act, a contemplation of the possible penalty does not seem to hinder him.

Charles Duff, A Handbook on Hanging, 2001 reprint of 1961 edition 

Origins of Violent Behavior in Women

A more compelling culprit [for violent behavior in women] than hormones may be the wiring of the human brain, in a way that does not discriminate one sex from the other....Frontal lobe damage, for example, can cause perfectly calm people to lose their impulse control, which is usually governed by the cerebral cortex. They revert to the most primal emotions, zooming from annoyance to homicidal fury in a matter of seconds, with no mood in between. We know this in its less extreme form as "hair-trigger temper." Its more voluble expression is called "episodic aggression," or "rage attacks." But why would it affect only men?...How many women undergo this Jekyll and Hyde transformation? Thousands? The scientific literature is mum. Men are the standard bearers of violence, and masculine violence is the measure.

Patricia Pearson, When She Was Bad, 1997 

Monday, July 17, 2017

The David Pichosky/Rochelle Wise Murder Case

     In 2008, a year after his wife died of breast cancer, David "Donny" Pichosky, on a blind date arranged by his children, met Rochelle Wise. Donny, an active member of Toronto, Canada's Shaarei Shomayin Synagogue, a modern Jewish Orthodox congregation, retired after selling his office-carpet business in the North York section of the city. Rochelle, a divorcee, had retired in 2005 as a teacher and vice principal of the Bialik Hebrew Day School just outside of Toronto. She was also the founding director of the Crestwood Valley Day Camp. Shortly after their blind date, the couple were married.

     In 2013, the 71-year-old Pichosky and his 66-year-old wife were wintering in Venetian Park, an affluent island neighborhood in Hallandale Beach, Florida, a town of 38,000 located between Fort Lauderdale and Miami. Surrounded by canals and waterways, the snowbirds resided in a stucco townhouse amid palm trees and the other pastel-colored dwellings. Donny and Rochelle must have felt safe living in this gated, security guard patrolled retirement enclave. (In 2012, there had been four criminal homicides in Hallandale Beach.)

     On Wednesday, January 9, 2013, Danny and Rochelle failed to show-up for a lunch date with a neighbor. The friend made several calls to the couple that were not returned. The next day, at six-thirty in the evening, a friend with a spare key entered the townhouse to check on the couple. The neighbor found Donny and Rochelle dead. Shortly after the discovery, a spokesperson with the Hallandale Beach Police Department announced that the Canadian retirees had been murdered.

     According to the Broward County Medical Examiner's Office, the Canadian Couple had been murdered in their home. The cause of their deaths: asphyxiation either by hand or by ligature.

     In April 2013, Hallandale Chief of Police Dwayne Flourney told a reporter with the Miami Herald that detectives were looking for an intruder or intruders who had been motivated by robbery. Rochelle Wise's wedding band--valued at $16,000--was missing from the dwelling. Investigators asked local pawn shop operators to report anyone coming to their places of business with the platinum, five half-carat white diamond ring. (I presume the ring and it's description has been entered into the National Crime Information Center database.)

     A month before publicizing the missing ring, the police released a video taken from a neighbor's surveillance camera that showed a woman walking toward the rear of the murdered couple's home. That person remained unidentified. Detectives believed the murders were committed by two people.

     Cases involving home invasion criminal homicides in places once considered relatively safe from crime make residents of that community quite fearful. The double-murder in Venetian Park put a lot of pressure on the local police to identify and catch the perpetrators.

     On January 8, 2014, a spokesperson for the Hallandale Beach Department held a press conference on the Pichosky murder case. It had been almost a year since the double murder. According to the spokesperson, crime scene investigators recovered DNA profiles of two women from the murder site. This DNA evidence did not match anyone who had access to the Pichosky home.

     In addition to the DNA, a partial shoe print left at the murder scene was identified as an Adidas model shoe that had been out of production since 2000. Over the past year, detectives had questioned more than fifty people in the investigation of the case. A $57,000 reward had been posted for information leading to the identify of the killer or killers.

     This is one of those frustrating cases where the police  have physical evidence but no suspects to match it to. Eventually someone will identify a suspect. Once that happens, the resolution of the case will be in the hands of the forensic scientists. It's just a matter of time.

     In January 2015, Jamie Wise, Rochell's son, wrote a letter to Florida Governor Rick Scott requesting the appointment of another law enforcement agency to take over the unsolved murder case. "What is desperately needed," he wrote, "is a fresh set of eyes, an independent investigation by an experienced entity capable of cultivating new leads through diligence, openness and the willingness to collaborate more purposely with agencies throughout the state."

     The Hallandale Beach Police Department remained in charge of the still unsolved double-murder.

     In April 2016, Police Chief Dwayne Flournoy told reporters that the best lead in the case involved crime scene DNA phenotyping that pointed to a pair of unidentified females. Flourney said that the constant running the DNA profile through CODUS, the U.S. DNA database, had to date failed to identify the killers. (As of July 2017, the Wise/Pichosky murder case remained unsolved.)
    

What Happened to JFK's Brain?

Not all the evidence from the John F. Kennedy assassination is at the National Archives. One unique, macabre item from the collection is missing--President Kennedy's brain....My conclusion is that Robert Kennedy took his brother's brain--not to conceal evidence of a conspiracy but perhaps to conceal evidence of the true extent of President Kennedy's illnesses, or perhaps to conceal evidence of the number of medications that President Kennedy was taking.

James Swanson, End of Days: The Assassination of John F. Kennedy, 2013

The Editor-Writer Relationship

Eliciting revisions requires more than delicacy, it requires a certain understanding about the writer's general temperament and well-being. Some writers are dead serious about their work and defend each word. Some are deeply analytical and need only be presented with reasons to make changes. Others work on instinct and feeling; they traffic in nuance and tone. Some authors are humorless. I usually like to have a trial run of editing around seventy-five pages to see how an author responds before continuing on the entire text. Almost in a reversal of the authorial anxiety that attends handing in pages, I'm always anxious about the author's response. Will he or she take to my editing? When I hear about author-editor relationships that have run aground, it is usually the author who is cited as the malcontent. But it is also true that some editors fail to realize that an author needs more that the benefit of line-by-line editing; he needs someone who has the sensitivity to build confidence in the writer as he revises his text.

Betsy Lerner, The Forest for the Trees, 2000

Write About What Interests You

Nothing in the world is inherently interesting--that is, immediately interesting, and interesting in the same degree, to all human beings. [What about murder?] And nothing can be made to be of interest to the reader that was not first of vital concern to the writer. Each writer's prejudices, tastes, background, and experience tend to limit the kinds of characters, actions, and settings he can honestly care about, since by the nature of our mortality we care about what we know and might possibly lose (or have already lost), dislike that which threatens what we care about, and feel indifferent toward that which has no visible bearing on our safety or the safety of the people and things we love. Thus no two writers get aesthetic interest from exactly the same materials.

John Gardner, The Art of Fiction, 1984

Sunday, July 16, 2017

Luis Enrique Monroy-Bracamonte: The Twice Deported Cop Killer

     In 1996, police in Arizona arrested an illegal alien from Mexico named Luis Enrique Monroy-Bracamonte on charges of narcotics possession with the intent to sell. Following the 18-year-old's conviction in the drug case, immigration authorities sent him back to Mexico. Federal narcotics agents arrested Monroy-Brackamonte in 2001. Again, the authorities deported him to Mexico. This drug criminal, however, had no intention of living in his home country. The people who had money to buy drugs lived in the U.S. Shortly after being thrown out of America in 2001, Monroy-Bracamonte was back, this time living in Salt Lake City, Utah.

     On Friday October 24, 2014, Monroy-Brackamonte, 34, and his 38-year-old wife Janelle Marquez Monroy, were sitting in a car in a Motel 6 parking lot in the Arden Way section of Sacramento, California. At ten-thirty that morning the couple encountered Sacramento County sheriff's deputy Danny Oliver, a 47-year-old veteran of the department who approached the suspicious couple.

     Monroy-Bracamonte responded to the deputy sheriff's investigative inquiry by shooting him in the forehead at close range with an AR-15 assault rifle. Deputy Oliver died on the spot. He left behind a wife and two daughters.

     Eager to flee the murder scene in another vehicle, the cop killer and his wife tried to commandeer a car driven by 38-year-old Anthony Holmes. When Mr. Holmes tried to fight off the car thief, the Mexican shot him in the head. (This victim survived the attempted murder.)

     Monroy-Bracamonte next carjacked a red 2002 Ford F-150 cab pickup truck with an ice chest in the back. He and his wife drove the stolen vehicle 30 miles northwest into northern California's Placer County. At this point, law enforcement officers in Sacramento and Placer counties were on the lookout for a cop killing Hispanic man in his thirties with buzz-cut hair who was in a red, stolen pickup truck with a Hispanic woman about his age.

     Later in the day of the Sacramento County shootings, two Placer County deputies spotted the red Ford and its occupants sitting on the side of a rural road. They decided to approach the suspicious vehicle.

     Once again Monroy-Bracamonte greeted the approaching police officers with deadly force. Using his AR-15 assault rifle, he shot 42-year-old homicide detective Michael D. Davis in the head. (The deputy died a short time later in a nearby hospital.) The armed and dangerous Mexican then shot the other Placer County officer, Jeff Davis, in the arm.

     A couple of hours after the shooting of the Placer County deputies, in the Carmichael, California area in Sacramento County a few miles northeast of where Monroy-Bracamonte shot Deputy Danny Oliver and Anthony Holmes, a park ranger saw the Hispanic couple and the stolen red Ford Pickup. Monroy-Bracamonte and his wife were changing clothes next to the parked vehicle.

     Not long after being spotted in Sacramento County by the park ranger, deputies arrested Janelle Marquez Monroy. When taken into custody she possessed, in her purse, a handgun. Police officers, shortly thereafter, took Monroy-Bracamonte into custody at a house in Auburn, California.

     Questioned by detectives, the cop killer identified himself as Marcelo Marquez. However, when his fingerprints were run through the national fingerprint databank, the authorities learned of his true identify. A check of Monroy-Bracamonte's arrest record in Utah revealed that, between 2003 and 2009,  he had been issued ten traffic tickets for speeding and other violations. (Did he have a valid driver's license? Why didn't these arrests trigger deportation?)

     Prosecutors in Sacramento and Placer Counties charged Monroy-Brackamonte with two counts of murder, attempted murder, and two counts of carjacking. The judge denied him bail.

     The suspected cop killer's wife, Janelle Marquez Monroy, was charged with attempted murder and carjacking. (I don't know her citizenship status.)

     In January 2017, Luis Enrique Monroy-Bracamonte, after a judge ruled that the defendant could not fire his attorneys and represent himself, threatened to kill the lawyers. Monroy-Bracamonte also told Sacramento Superior Court Judge Steve White that he wanted to plead guilty and be sentenced to death. The judge informed the cop killer that he could not do that.

     The defendant and his wife Janelle are scheduled for trial in October 2017. 

The Crime Lab Rogue

     Annie Dookhan, a chemist for the Massachusetts police, was sentenced to three to five years in prison after committing a fraud so extensive that her crimes call into question the validity of over 40,000 convictions.

     Dookhan worked in a laboratory examining evidence in drug cases. She was a go-to analyst for law enforcement and prosecutors, thanks to her rapid turnaround time and penchant for delivering much needed drug evidence to score convictions.

     Her record, however, was based on countless criminal fabrications. She falsified numerous reports, cut corners, forged signatures, inflated her credentials, lied about whether she was actually testing the lab samples she received and even tampered with evidence, according to NPR.

Robby Soave, The Daily Caller, November 25, 2013

How to Structure a Book

There's no formal school, so far as I know, where you can learn how to structure long forms of prose. Writing programs typically work with short forms, for the obvious reason that short forms can be examined productively within the brief compass of a course program. But the difference between long forms and short forms is precisely their structure, which means that you can't learn how to structure the one by studying the other. Fortunately, you can teach yourself long-form structure by reading books and analyzing how their authors assembled them.

Richard Rhodes, How to Write, 1995 

Loose Lips Sink Wiseguys

You know, sometimes I lose my temper, and I say, "Gee I wish somebody would bump that guy off," and then one of these young punks who wants to make a name for himself goes ahead and does it. And then I have to pick up the pieces.

Al Capone in Jerry Capeci, Wiseguy's Say the Darndest Things, 2004

Scenes as the Building Blocks of Creative Nonfiction

     Scenes (vignettes, episodes, slices of reality, and so forth) are the building blocks of creative nonfiction--the primary factor that separates and defines literary and/or creative nonfiction from traditional journalism and ordinary lifeless prose.

     The uninspired writer will tell the reader about a subject place, or personality but the creative nonfiction writer will show that subject, place, or personality in action.

Lee Gutkind, The Art of Creative Nonfiction, 1997

Saturday, July 15, 2017

The Michael Salmon Rape Case: The Pediatrician From Hell

     In the 1970s and early 1980s, Dr. Michael Salmon, a pediatrician who specialized in children's growth disorders and neurological problems at the Stoke Manderville Hospital in Buckinhamshire, England, was one of the United Kingdom's most eminent physician. Dr. Salmon received recognition and praise for his work with children from Princess Dianna and other prominent English citizens. He also became quite wealthy.

     In 1987, Dr. Salmon fell from grace when detectives searching his office in connection with a medical fraud investigation came upon a sheaf of love letters from several of his teenage female patients. The discovery of these letters triggered an investigation of a very different kind that led to an indecent assault conviction. The judge, in November 1990, sentenced Salmon to three years in prison for the assault of three girls. In 1991, his professional colleagues struck the 56-year-old physician from the United Kingdom medical register.

     Salmon served eighteen months of his three-year sentence at the Grendon Underwood Prison. After his release, he managed to reinvent himself as a wildlife expert. He purchased a mansion in a remote area near a national park. He told his neighbors and members of the community that he was a retired hospital consultant from an aristocratic family. In his club and church circles, he insisted on being addressed as "Dr."

     In 2011, the Thames Valley police launched an investigation into rape and sexual abuse at the Stoke Manderville Hospital called Operation Yewtree. In the course of that investigation, former female patients of Michael Salmon's came forward with stories of sexual abuse that occurred when they were in the teens and pre-teens. The women accused Salmon of having assaulted them in his consulting room at the hospital. His victims, at the time of the alleged offenses, had ranged from eleven to eighteen-years-old.

     A Crown prosecutor, in November 2013, charged the former physician with the sexual assaults of nine girls at the hospital and the rape of a teenager at his home. In the rape case, the 16-year-old victim had turned to the doctor for help after learning that she had become pregnant.

     Salmon pleaded not guilty to all charges, calling the allegations "absolute nonsense." He characterized his accusers as "gold diggers" and desperate women looking for attention.

     In December 2014, the Michael Salmon sexual abuse trial got underway at the Reading Crown Court. In her opening statement to the jury, Crown prosecutor Miranda Moore said, "On some of the occasions the defendant handled the breasts of the young girls with the pretense of listening to their hearts. He also, on occasion, carried out internal vaginal examinations for which there was no medical need whatsoever."

     On February 6, 2015, the jury found Michael Salmon guilty of nine counts of indecent assault and two counts of rape. As constables led the 80-year-old out of the courtroom to his jail cell, his wife who had stood by him throughout the trial, wept.

     In speaking to reporters following the guilty verdict, Detective Sergeant Malcolm Wheeler of the Thames Valley Police Child Abuse Unit, said: "Salmon was a prolific sexual offender who abused his position of power for his own sexual gratification. His victims trusted him, they believed him because he was a doctor and they thought he was trustworthy."

     On February 12, 2015, at Salmon's sentencing hearing, Reading Crown Court Judge Johanna Cutts, in addressing the convicted man, said: "It was your conceited arrogance that led to your downfall. All the girls were ill at the time. They were treated as objects of your sexual gratification." Regarding the 16-year-old Salmon had raped twice in his home, Judge Cutts said, "You raped her at the time when she couldn't have been more vulnerable. This court sees a lot of rape cases. It is rare to see such a cold-blooded and ruthless crime."

     Judge Cutts sentenced Michael Salmon to eighteen years in prison. For a man his age it was a sentence of life.

     

When the Physical Evidence Doesn't Support Self-Defense

     We went to a scene where the husband shot his wife. His story was she came at him with a knife and tried to stab him. So he was saying he killed her in self-defense. But there were a couple of things that just didn't make sense.

     There was a knife in her hand. But it was in the wrong direction to be used as a stabbing-type instrument. It was apparent that he had placed the knife in her hand after he shot her and probably, in his panic, faced it the wrong way.

     There was blood on the palm of her hand where she had touched the entrance wound when she was shot. The normal reaction is to grab where it hurts. and she did. And she had blood on her hand, but there was no blood on the knife.

Crime scene investigator in Crime Scene by Connie Fletcher, 2006

"Serious" Fiction

The difference between the writer of serious fiction and the writer of escape entertainment is the clear difference between the artist and the craftsman. The one has the privilege and the faculty or original design; the other does not. The man who works from blueprints is a thoroughly respectable character, but he is of another order from the man who makes the blueprints in the first place.

Wallace Stegner, Teaching and Writing Fiction, 2002 

The Origins of the True Crime Genre

It is generally held that the genre of true crime has been around since the latter part of the 19th century. As a precursor to these nonfiction accounts of crime, writers such as Wilkie Collins, Charles Dickens and William Thackeray borrowed incidents and characters from real crimes for their novels.

Vicky Munro, crimeculture.com, 2001 

Friday, July 14, 2017

The Charles D. Young Murder-For-Hire Case

     In May 2005, high school senior Charles D. Young met 17-year-old Wendy Smith (not her real name) at a military ball in Spokane, Washington. He asked her out, and after a month of dating, they began to fight. Typically, after one of their arguments, Charles would stand all night beneath her window, or the next day, follow her around after school. When Wendy tried to end the relationship, he threatened to kill himself. After ten months of enduring Young's weird and obsessive behavior, Wendy told him that she had found someone else. This was not true, but she wanted this strange kid out of her life. Charles refused to take no for an answer, and became Wendy's full time stalker.

     Three months after the breakup, Charles suddenly lost interest in Wendy and slipped out of her life. A few weeks after that, in July 2006, Wendy's parents got in touch with Charles and gave him news he didn't like. Their daughter was pregnant with his child. Charles angrily insisted that the baby couldn't be his, and said that a paternity test would prove it.

     After his initial reaction to the news that he would soon become a father, Charles changed his tone. Following a series of meetings with Wendy and her parents, Charles expressed a desire to help raise the child. But when he stopped communicating with his ex-girlfriend and her parents, they figured they had seen the last of him. They were wrong.

     Back home in Colville, Washington, Charles asked a friend if he knew how much it would cost to have someone killed. A few days later, Charles offered this person $3,000 to either murder or seriously injure his former girlfriend. The main idea, Charles said, was to kill the fetus. If the mother survived, that would be okay with him. The friend, convinced that Charles was serious, contacted the Stevens County Sheriff's Office.

     On October 11, 2006, a few days before Wendy's due date, Charles met an undercover officer in the  town of Suncrest a few miles north of Spokane. With the tape recorder running in the officer's car, Charles said he would pay $3,250 to have the problem with his ex-girlfriend "disappear." Charles said he didn't care if the girl lived or died as long as the fetus was destroyed. The murder-for-hire mastermind handed the officer a photograph of Wendy and a handmade street map showing where she lived. Charles then took out $1,620 in twenty-dollar bills and handed it to the undercover officer. He promised to pay the balance of the hit money when the job was done. After pocketing the money, the officer placed the 18-year-old under arrest. That evening, Charles D. Young found himself inside the Stevens County Jail. The next day the magistrate set his bond at $1 million.

     The Stevens County prosecutor charged Young with solicitation to commit first-degree murder and solicitation to commit first degree-murder of a fetus. A conviction on either charge qualified him for life behind bars.

     In April 2007, Charles Young was allowed to plead guilty to the solicitation of manslaughter. His lawyer described his client to the court as an intelligent young man who had received bad advice regarding his responsibilities as a father. The defense attorney said that his client had apologized to Wendy and her parents.

     The Stevens County judge, in February 2009, sentenced Charles D. Young to six years in prison. The judge justified his extreme leniency on the grounds that this murder-for-hire mastermind had only intended to have the unborn child murdered. The sentencing judge must have forgotten about Young's indifference to whether or not his hit man also murdered or seriously injured the child's mother.

     It's cases like this that undermine one's faith in our criminal justice system. 

Junk Science in the Courtroom

     Junk science is the mirror image of real science, with much of the same form but none of the same substance. There is the astronomer, on the one hand, and the astrologist, on the other. The chemist is paired with the alchemist, the pharmacologist with the homeopathist. Take the serious sciences of allergy and immunology, brush away the detail and rigor, and you have the junk science of clinical ecology. The orthopedic surgeon is shadowed by the osteopath, the physical therapist by the chiropractor, the mathematician with the numerologist and the cabalist. Cautious and respectable surgeons are matched by some who cut and paste with abandon. Further out on the surgical fringe are outright charlatans, well documented in the credulous pulp press, who claim to operate with rusty knives but no anesthesia, who prey on cancer patients so desperate they will believe a palmed chicken liver is really a human tumor.

     Junk science cuts across chemistry and pharmacology, medicine and engineering. It is a hodgepodge of biased data, spurious inference, and logical legerdemain, patched together by researchers whose enthusiasm for discovery and diagnosis far outstrips their skill. It is a catalog of every conceivable kind of error: data dredging, wishful thinking, truculent dogmatism, and now and again, outright fraud.

     On the legal side, junk science is matched by what might be called liability science, a speculative theory that expects lawyers, judges, and juries to search for causes at the far fringes of science and beyond. The legal establishment had adjusted rules of evidence accordingly, so that almost any self-styled scientist, no matter how strange or iconoclastic his views, will be welcome to testify in court. The same scientific questions are litigated again and again, in one courtroom after the next, so that error is almost inevitable.

     Junk science is impelled through our courts by a mix of opportunity and incentive. "Let-it-all-in" legal theory creates the opportunity. The incentive is money: the prospect that the Midas-like touch of  a credulous jury will now and again transform scientific dust into gold. Ironically, the law's tolerance for pseudoscientific speculation has been rationalized in the name of science itself. The open-minded traditions of science demand that every claim be taken seriously, or at least that's what many judges have reasoned. A still riper irony is that in aspiring to correct scientific and medical error everywhere else, courts have become steadily more willing to tolerate quackery on the witness stand. [While during the past ten years efforts have been made to keep junk science out of the courtroom, it remains a problem.]

Peter W. Huber, Galileo's Revenge, 1991

Not All True Crimes Are Book-Worthy

Why are some true crimes turned into books, while others barely make the national papers? It will hardly come as a staggering surprise to find that publishers choose only those cases that are out of the ordinary: so, while murder is a favorite topic for books, "domestic" murders are not, unless several people in the family are killed. The sort of case that attracts a book publisher is likely to involve a large-scale crime, a mass or serial murder or a murderer who has been freed and has killed again or perhaps a murderer who almost got away with it.

Philip Rawlings, britsoccrim.org, 1995 

Whodunit and the Thriller Novels

The whodunit and the thriller are in their most typical manifestations deeply conventional and ideologically conservative literary forms, in which good triumphs over evil, law over anarchy, truth over lies.

David Lodge, The Practice of Writing, 1996

People Get Murdered Over Nothing

     In and around the town of Conch Key, an unincorporated community in the Florida Keys, 62-year-old Carolyn Dukeshire was known as "The Sea Hag." (When I first saw Dukeshire's mug shot, my first thought was that Hulk Hogan had been arrested on a bad day.)

     On the night of July 29, 2012, Martin Mazur and his friends, after an evening of drinking at the Brass Monkey Bar, were sitting outside of his dwelling finishing off a few beers. His neighbor, Carolyn Dukeshire, approached the group and asked Mazur if he had a cold Busch Light for her. "I have absolutely nothing for you," he replied.

     Mazur's last words had barely left his mouth when Dukeshire pulled out a handgun and shot him five times. The victim was hit in the stomach, back, and wrist. He died a few hours later at a nearby hospital.

     One of the witnesses to the murder called 911. Deputies from the Monroe County Sheriff's Office arrested Dukeshire at the scene of the shooting. Charged with first-degree murder, the judge denied her bail. (Prior to the murder, Dukeshire had not been arrested for any serious crimes.)

     On January 31, 2013, the defendant, after submitting a statement to the judge that she felt bad about murdering Martin Mazur over a can of beer, was allowed to plead guilty to second-degree murder. The judge sentenced The Sea Hag to thirty years in prison. It's doubtful that she will live long enough to see her next beer. 

Thursday, July 13, 2017

Mark Berndt: The Elementary Teacher From Hell

     People without sexual perversions are normal in generally the same way. Sexual perverts, on the other hand, are deviant in disturbingly diverse ways. Adults who use innocent children to satisfy their perverse sexual compulsions are not mentally ill in the sense they are detached from reality. To other adults, even to people they work with every day, they seem normal. Sexually perverse elementary teachers are hard to detect because they victimize kids who are under their control. Sometimes the children don't even know they are being victimized. Teachers like this can get away with sexually abusive behavior for decades. Most of them probably die before they are caught. Short of launching McCarthy-like witch hunts, how can these sexual predators be identified and stopped?

     Mark Berndt, a 61-year-old third grade teacher at the Miramonte Elementary School in Florence Firestone, an unincorporated community in Los Angeles County, began teaching at the school in 1979. Miramonte, situated in an hispanic neighborhood, is in the Los Angeles Unified School District which is comprised of hundreds of campuses and 650,000 students. During his tenure at Miramonte, Berndt, according to his personnel file, had performed up to school standards without a single disciplinary action taken against him. Moreover, he had never been arrested for anything more serious than a traffic ticket.

     In October 2010, a technician at a CVS drugstore in the South Bay area of Los Angeles, came across a set of disturbing photographs of grade school boys and girls depicted in situations suggesting a bizarre form of sexual bondage. The film processor, as mandated by state law, notified the Redondo Beach Police Department. On December 2, 2010, the Redondo police turned the 40 photographs over to the Los Angeles County Sheriff's Office.

     In some of the photographs, Mark Berndt either has his arm around a third grade boy or girl, or his hand covering their mouths. Some photographs show children with live bugs crawling on their faces. Other kids are either blindfolded, or have their mouths covered with clear tape. Some of the girls are depicted holding spoons containing a white liquid up to their mouths. Children are also pictured about to eat cookies topped with the teacher's semen. (In Berndt's classroom trash can, police recovered a blue, plastic spoon containing traces of his semen.)

     Detectives with the sheriff's office's Special Victims Unit, started identifying the students in the photographs for interview. On January 3, 2011, a detective showed up at Miramonte to question Berndt. The teacher refused to speak to the investigator without first consulting with an attorney.

     A former fourth grade student of Berndt's, a woman now 30, told detectives that in 1990, she and two other girls spoke to a school counselor about their teacher's odd, inappropriate behavior. They had seen him, seated at his desk at the front of the room, playing with himself. The counselor accused the girls of making up the story. As a result, nothing came of their complaint. (In 1993, police investigators looked into similar complaints against Berndt. The Los Angeles District Attorney's Office, on grounds the police had not gathered sufficient evidence against the teacher, decided not to pursue the case. Presumably, school officials knew of the investigation.)

     Shortly after Berndt refused to be interviewed by the police, school administrators removed him from the classroom. A month later, February 201l, they fired him. (Actually, he wasn't fired. School officials induced him to retire by offering him $40,000 which he accepted. Firing a public school teacher is no small feat.)  While the parents of the children depicted in the photographs were told of the investigation, the police kept the public in the dark. (Placed under police surveillance, Berndt, between the time of his discharge and arrest, was not in contact with children.)

     On January 30, 2012, following a 13 month investigation, the case went public with Berndt's arrest at his home in Torrance. A search of his dwelling resulted in the discovery of 400 photographs similar to the ones seen by the CVS employee. (A normal person, knowing that he was under police investigation, would have destroyed these photographs. The fact that Brendt didn't, reveals how important these photos were to him. The police have recommended that the children in the photographs be tested for sexually transmitted diseases.) Charged with 23 counts of lewd acts against minors, Brendt was hauled off to jail where he was held on $23 million bond. The criminal charges against him pertained to his contact with children ages 6 to 10 from 2008 to 2010.

     On February 3, 2012, the police arrested a second Miramonte teacher on charges unrelated to the Berndt case. Martin B. Springer, 49, was charged with three counts of committing lewd acts in connection with the alleged fondling an 8-year-old girl in one of his classes. He was fired and held on $300,000 bail. From Alhambra, Springer had been teaching at the school since 1986. The judge who set bail decreed that if Springer made his bond, he was to wear an ankle monitoring device and to stay 250 feet away from schools and parks. On February 7, 2012, one of the two girls who accused Springer of fondling her, recanted her story.

     A lawyer representing "Jane Doe 1," one of Berndt's victims who ate a sugar cookie laced with the teacher's semen, announced plans to sue the Los Angeles Unified School District. The plaintiff claimed that the school district did not take adequate steps to prevent Berndt from repeatedly abusing his students after numerous complaints had been filed against him. (Following Berndt's arrest, seven more students came forward with allegations of abuse.)

     On February 6, 2012, perhaps in response to allegations of an institutional cover-up, the 88 teachers and 40 staff employees at Miramonte were suspended with pay. They were replaced by a substitute crew of teachers and clerks.

     The Miramonte situation continued to worsen on February 7, 2012, when the mother of a former fourth grader told the Los Angeles Times that in 2009, a 50-year-old female teacher's aide wrote three love letters to her then 11-year-old son. One of the letters read, "...when you get close to me, even if you give me the chills, I like that. Don't tell nobody (oh boy) about this!"

     In November 2013, Mark Berndt pleaded no contest to 23 counts of lewd acts on children. The judge sentenced the 62-year-old former elementary teacher to 25 years in prison. According to Berndt's defense attorney, his client was "remorseful and apologetic." The lawyer said that Berndt had entered a plea to spare his victims the ordeal of a trial. (How about this: Berndt had spared himself the ordeal of a trial and made the deal to get a lighter prison sentence.)

     On November 21, 2014, a spokesperson for the Los Angeles Unified School District announced that it had agreed to pay nearly $170 million in court settlements related to the Berndt pedophilia case. The settlement involved more than a hundred students.