August 8


TEXAS:

FRUSTRATING DELAY----Funding issues stall long-running Houston police
crime lab investigation.


When Houston hired former U.S. Justice Department Inspector General
Michael Bromwich early this year, the outlook seemed brighter that someone
would finally get to the bottom of the problems found throughout the
Houston Police Department's crime lab. Bromwich, who conducted a similar
investigation of problems at the FBI's national facility, assembled a
crack team and moved swiftly to complete the first phase of the probe.

Bromwich's initial report included allegations that lab analysts produced
false results for tests on evidence that were never conducted. Those and
other findings prompted Houston police officials to target for further
investigation 700 additional cases in which people were convicted on
evidence processed by the suspect employees. That in turn led Bromwich to
increase the cost estimate for his probe to $3.8 million. City Council
budgeted an initial $2.2 million for the total effort, of which about $1
million remains.

Rather than allowing Bromwich to begin the next phase of the project using
the remaining funds, Houston police officials have put the probe on hold
while they analyze the additional costs and prepare a second budget
request for City Council approval. The Chronicle's Roma Khanna and Steve
McVicker reported that the decision will put the probe of the lab on hold
at least 6 weeks.

According to an e-mail from Brom-wich, he "is frustrated that we haven't
been permitted to do any work for the past month  our forensic scientists
are eager to start the case reviews, which lie at the center of our work."

City Controller Annise Parker expressed similar sentiments, describing
police officials as gun-shy and calling on Mayor Bill White's
administration to get on with it. Even Crime Lab Director Irma Rios wants
the investigation to move quickly to a conclusion in order to clear up
remaining issues with operations at her facility.

Mayor White responds that he and Police Chief Harold Hurtt want the probe
completed as soon as possible, but that Bromwich's request for an
additional $1.6 million in taxpayer funds must be justified.

"Our project manager was responsible for using his best efforts to keep
both phase one and phase two within the scope of the amount of money
allocated by council," White said. "The only reason for any delay was a
substantial increase in his estimate."

According to the mayor, the contract with Bromwich specifies that any
major revision in the scope of work needs to be reviewed by Chief Hurtt
and the stakeholder committee that hired the independent investigator. "I
don't care whether it's a plumber or the pope," White said, "I'm not going
to tell anybody that there's a blank check with no oversight from the city
of Houston."

White's attention to the fiscal issues is justifiable, but there is more
at stake than tax dollars. Because of mistakes or fraud by crime lab
analysts, innocent people might be in prison, while the guilty walk free.

It's intolerable to have investigators sitting on their hands for months
over funding questions that should have been foreseen or resolved quickly
so the probe could continue.

Bromwich should provide the city and the public with a detailed accounting
of his cost estimates. The administration should move quickly to get City
Council approval for the funds to complete the investigation.

The crime lab scandal has lingered for three years. Its legacy of tainted
evidence calls into question the fairness of criminal justice in Harris
County. This inglorious chapter in the history of the Houston Police
Department needs closure without further delay.

(source: Editorial, Houston Chronicle)






FLORIDA:

Married to a murderer, 9-to-5 on the side of killers


Remember the story of Rosalie Bolin, the woman who worked at the
Hillsborough Public Defender's Office and one day up and married a
convicted serial killer?

She worked as a mitigation specialist and was married to a lawyer when she
met Oscar Ray Bolin. The former carnival worker was in the midst of
convictions, appeals and retrials in the murders of 3 women in
Hillsborough and Pasco counties.

When they married - on speaker phone, her in an apartment, him in jail -
people felt something like horror for the families of Stephanie Collins,
Natalie Blanche Holley and Teri Lynn Matthews. Longtime friends stopped
speaking to her.

So if you had to bet, 8 years later Rosalie Bolin would be:

a) a regular on Jerry Springer;

b) a big-haired, blackhearted woman writing prison romance novels;

c) in serious therapy.

The answer, like Rosalie herself, might surprise you.

In an office near the county jail, she's at her desk, phone in her ear,
bracelets clanking as she scratches notes on a legal pad. She's cajoling
someone into getting records she needs, pronto. "Thank you, honey," she
purrs into the phone. Propped at her elbow is a greeting card signed
Oscar, from death row.

These days, she's a private investigator who works with lawyers, mostly on
murder cases. She sits in jail cells with defendants, goes through their
medical and social service records, talks to people who knew them. Were
they abused as children? Did they suffer head injuries that damaged their
brains? Is there anything that might persuade a jury that this killer
doesn't deserve to die?

She also looks for mistakes in past trials, errors by judges or lawyers or
detectives that could win a new day in court. "Most people collect
antiques," she says. "I collect transcripts of rogue cops."

Four years ago, she was there when convicted killer Anton Meyers led
investigators to the spot in Lake Mary, where he buried a 14-year-old girl
in 1987. There, they found remains believed to be hers; the grandparents
who raised her never had her body to lay to rest. In a deal Rosalie helped
broker, Meyers confessed, drew a map and traded his death sentence for
life in prison.

She says inmates trust her because she cares about what happens to them.
Forgive the analogy, but it makes me think of people who work closely with
caged tigers and get as comfortable as if they were playing with kittens,
forgetting they're next to something powerful and unpredictable and
capable of great harm.

She has worked on hundreds of murder cases; this year judges appointed her
to more than a dozen. This year she spoke at a seminar for lawyers and
judges on the death penalty. She's not sure how many of them knew about
her husband.

Lawyers say she's good at what she does. Tampa attorney Anthony Marchese
said a client wavering between a deal of life in prison or the risk of the
death penalty if he went to trial was convinced when Rosalie "gave him a
very personalized account of what death row was like."

And about that marriage of hers? The lawyers don't ask.

"Never have, never would, none of my business," says lawyer Nick Sinardi.
"It's never come up."

Never come up?

Well, for those of us who do ask, no, no conjugal visits. Bolin - who was
sentenced to death in all 3 murders and won retrials in each case twice -
finally had a death sentence upheld by the Florida Supreme Court last
year. Rosalie will see him through his remaining trials and appeals, and
that is all their marriage is.

"It works for me," she says. "A man in my life every day would be
annoying."

She says she doesn't believe in the death penalty, that killers should be
studied, not executed. Okay. But marrying one?

She still wears the 5-carat diamond from her first, 18-year marriage. "I
earned every carat," she says, and that's all you get on the subject.

So I can't explain Rosalie Bolin's life. All I can tell you is that she's
somehow persevered, and that today, she'll be back in a courtroom with yet
another accused killer at her side.

(source: St. Petersburg Times)






OHIO:

Admitted Ohio highway shooter to plead guilty


The mentally ill man who admitted committing a series of highway shootings
that terrorized central Ohio has agreed to drop his insanity defense and
plead guilty, a judge said Monday.

Charles McCoy Jr.'s plea would avoid a 2nd trial. Jurors could not decide
earlier this year whether McCoy was legally insane during the shootings,
which happened over five months in 2003 and 2004. One woman was killed.

Barring a last-minute change of heart by McCoy or prosecutors, McCoy will
enter the plea Tuesday afternoon, Judge Charles Schneider said after
meeting with McCoy's attorney Monday.

With the plea, McCoy, 29, faces decades in prison for the shootings.
Schneider said he will recommend that McCoy be ordered to serve his
sentence in a prison mental health wing so he can be treated for his
paranoid schizophrenia.

Gail Knisley, 62, died November 25, 2003, while a friend was driving her
to a doctor's appointment.

Franklin County Prosecutor Ron O'Brien refused to confirm a deal had been
reached but said an agreement would be discussed Tuesday. Messages seeking
comment were left with McCoy's attorneys, who have said they would not
confirm anything before O'Brien does.

A mistrial was declared in May after a jury deliberated four days and took
three votes on whether McCoy was legally insane, meaning he did not
understand right from wrong. The defense had acknowledged McCoy was the
shooter but argued he was innocent by reason of insanity. Prosecutors say
that despite his mental illness, McCoy knew right from wrong.

The 24-count indictment had included a possible death sentence. After the
mistrial was declared, prosecutors had said they did not plan to seek the
death penalty in the 2nd trial.

The shootings frightened commuters and residents for months as bullets
struck vehicles and houses at different spots along or near Interstate
270, which encircles Columbus and accommodates about 77,000 vehicles a day
on average.

During the trial, a psychiatrist for the defense said McCoy was desperate
to rid himself of humiliating voices in his head that called him a "wimp"
for not standing up to mocking from television programs and commercials.

Toward the end of the shootings, he believed firing from overpasses would
make news coverage of Michael Jackson stop.

However, a psychiatrist for the prosecutors said McCoy showed he knew his
actions were wrong by the steps he took to avoid capture, such as shooting
in other counties when police and publicity focused on the Columbus area.

When McCoy's father called him to say police wanted to test his guns,
McCoy gave permission, then drove 36 hours straight to Las Vegas. However,
he didn't change his license plates -- while the number was being
broadcast nationwide -- and was captured there.

(source: Associated Press)



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