L&I Sheppard: Prosecuter won't reopen case

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Prosecutor Stephanie Tubbs Jones says she will not reopen the
43-year-old Sam Sheppard murder case, rejecting claims that DNA evidence
proves Sheppard did not kill his wife. 

Jones today told United Press International she finds the DNA
results  ``unreliable, tainted and legally inadmissible.'' 

A lawyer representing the late Dr. Sheppard's family announced  
Thursday that DNA tests show the blood of convicted killer Richard 
Eberling -- the Sheppards' window washer during the early 1950s -- is 
consistent with blood found at the 1954 murder scene. 

Attorney Terry Gilbert said DNA tests exclude Dr. Sheppard or his wife
as donors of blood found in a trail leading from the murder scene -- 
a trail Gilbert said could have only been made by the killer. 

Sheppard was convicted of murder in what was called ``The Trial of
the Century'' but the U.S. Supreme Court overturned the conviction 10 
years later. Sheppard was acquitted during a second trial and died in 
1970. 

Jones told UPI, ``At this juncture, I don't find the evidence compelling
enough to prosecute. An indictment might be very easy to obtain but what
I need to do is be able to get a conviction.'' 

Sheppard's son, Sam Reese Sheppard, wants to file a $2 million wrongful
imprisonment lawsuit against the state of Ohio. Jones is blocking that
action, arguing the statute of limitations has expired and the son has
no legal standing. The matter is now before the Ohio Supreme Court. 
--
Kathy E
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isn't looking too good for you either"
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L&I U.S. Marshals face a shake-up

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Congress is considering a plan to reorganize the nation's oldest law
enforcement agency, the U.S. Marshals Service. 

The bill would end the 200-year-old practice of naming marshals by
presidential appointment. In testimony before the Senate Judiciary 
Committee today, law enforcement officials inside and outside the agency 
said appointees have included a number of retirement-aged or 
inexperienced people, which damages morale and makes other law 
enforcement agencies reluctant to work with the service. 

George Washington appointed the first 13 U.S. marshals. Wyatt Earp
and Wild Bill Hickok served as deputy marshals. Most recently, the 
service is celebrated in the blockbuster ``U.S. Marshals,'' starring 
Tommy Lee Jones. 

But the reality, witnesses said, is that while deputies today are  
trained professionals, their appointed supervisors, the 94 U.S. 
marshals, sometimes are not. 

Henry Hudson, former director of the service, said marshals should be  
career employees, promoted up through the ranks, as they would be under 
the Senate bill. 

During his tenure, from 1992 to 1993, he said he encountered appointees
who ignored his directives, who couldn't handle a firearm, who appealed
to their congressional sponsors when conflicts arose, who botched field
operations through inexperience, and who alienated other law enforcement
agencies. 

He said, ``The end result was the total exclusion of the U.S. Marshals
Service from joint coordinated law enforcement projects.'' 

Deputy Marshal Victor Oboyski said U.S. marshals are not required to  
meet age, fitness or experience requirements. Marshals have been 
appointed with backgrounds as florists, pig farmers, coroners, and 
children's television hosts. Nearly a third of U.S. marshals are retired 
law enforcement officers. Their only introduction to their new job is a 
40-hour orientation session. 

The Marshals Service protects judges and witnesses, guards prisoners,  
seizes assets and tracks fugitives. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Update: 10 year old boys who killed

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The European Human Rights Commission said Friday it would hear an appeal
from two British boys sentenced to open-ended jail terms for murdering
two-year-old James Bulger in 1993. 

Lawyers for the pair, who were 11 at the time of their conviction, claim
their trial in an adult court, amid blanket media coverage, constituted
"inhuman and degrading treatment or punishment," contrary to the
Convention on Human Rights. 

Rex Makin, the lawyer for James Bulger's father Ralph, condemned the
comission's decision. 

"The knife is turned further into the wound of the grief of the Bulgers
... They are not allowed to let matters settle down," he said. 

The mother, Denise, said she was "totally disgusted" with the latest
twist in the affair. 

"They got 15 years and they should serve 15 years. They say they were
unfairly treated but what chance did James have?" she said. 

James' aunt, Karen Bulger, agreed. "I think it's the wrong decision.
They got a fair trial. They were treated as kids, they were interviewed
as kids by the police. 

"They should stop doing this and accept their punishment," she  
said. 

According to a statement released by the commission, the lawyers said
their clients had been traumatised by a trial which they did not
understand. 

They also objected to the length of the sentence served on the two boys
following their conviction in November 1993. 

The trial judge recommended they should serve a period of eight years. A
letter from the home secretary later said they should serve a period of
15 years, on the basis of a recommendation by the judiciary. 

In the application to the Human Rights Commission, the pair's lawyers
denounced the sentence as "disproportionately long" and fixed without
regard to the need for rehabilitation. 

The two boys were found guilty of killing the toddler who they abducted
when they were aged 10 from a shopping centre, then battered to death
and left on a railway track where he was repeatedly run over by trains. 

Although the names of the young murderers were not disclosed during the
hearings at Liverpool Crown Court, northwestern England, the judge
ordered them to be made public at the end of the trial. 

Denying that the two boys were subjected to "inhuman or degrading
treatment," the British government has pointed out that they are
receiving education, training, health and recreation activities, the
commission statement said. 

The commission statement said the body would attempt to bring about an
agreement between the applicants and the British government. 

However, if agreement cannot be reached, the commission will draw up a
report and decide whether the British government has breached the human
rights convention. 
  
John Wadham, director of the British human rights group Liberty welcomed
the commission's findings. 

"The decision of the European Commission of Human Rights is important
and we hope it will lead to a fairer system of justice where juveniles
are dealt with in appropriate courts. 

"And more importantly, only courts and not politicians have a right to
decide how long people spend in prison and whether or not they are
released," he said. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Bellush: update (Triplet mother was was murdered)

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The lawyer for a San Antonio businessman says telephone calls to a
Florida private investigator in the weeks before a killer gunned down
his ex-wife in Sarasota, Fla., ``don't mean a thing.'' 

Roy Barrera Jr. tells WOAI radio today there is ``no connection''  
between Allen Blackthorne and the killing of Sheila Bellush, a mother of 
quadruplets. 

But Florida private investigator Laura Wallace told Tampa television  
station WTVT that weeks before the homicide, a man who would not
identify himself called with an offer of $50,000 to find his former 
wife. 
  
Sheila Bellush was shot dead in her home, and her small children were  
found covered in blood but unharmed near the body. 
 
Wallace said Sarasota police told her they had traced the calls to
Blackthorne. 

Barrera said, ``A lot of people are now making opinions and conclusions
about what things look like, but there is no connection.'' 

Blackthorne has not been charged in the case. But Blackthorne's friend,
Daniel Rocha, is among three people who have been charged in Bellush's
death. 
   
Rocha and Samuel Gonzalez are jailed in Florida on conspiracy charges.
The alleged triggerman, Joe Del Rio, is behind bars in Mexico City. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Carneal: Trial date set

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The trial date for the teen-ager accused in the murders  of three girls
at West Paducach's Heath High School has been set for October fifth. 
(I'll have to check to see if CTV will be covering this case or not).

At a hearing for 14-year-old Michael Carneal in McCracken Circuit  
Court today, defense attorney Chuck Granner indicated he will introduce 
evidence of a mental disorder. 

`We are in the process of hiring a psychologist,'' Granner told  
Judge Jeff Hines. 

There had been reports of a possible plea-bargain, but there was no
indication of that at this afternoon's hearing. 

Commonwealth's Attorney Tim Kaltenbach earlier said he would not
consider any plea that would give Carneal less than the statutory 
maximum sentence. 

Under Kentucky law, that would be life in prison without the possibility
of parole for thirty years. Although Carneal is being charged as an
adult, his status as a minor makes him legally ineligible for the death
penalty. 

Carneal is charged with three counts of murder and five counts of  
attempted murder in connection with a December first shooting spree at a 
meeting of a pre-class student prayer group at the West Paducah High 
School. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Louima: The rage continues

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Police in New York City are trying to find out who slashed 114 tires on
police cars and other vehicles parked near a Brooklyn precinct at the
center of a brutality scandal. 

The cars were parked at the 70th Precinct in the Flatbush section, where
five officers are under federal indictment for allegedly brutalizing
Haitian immigrant Abner Louima. 

Relations between police and many members of the surrounding community
have been strained since the alleged assault, in which prosecutors say
police sodomized Louima with a stick. 

Police could not say if the vandalism was related to the Louima
case.  

Police say 44 cars were damaged in all. Sixteen were official vehicles;
nine were the personal cars of officers, and 19 were cars owned by
civilians who live nearby. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Sexual predators and the FBI

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi all we were recently discussing porn on the net, this message came
out from the FBI and it outlines their efforts to tackle sexual
predators on the net.

Child sexual predators are far more pervasive on the Internet than most
parents suspect and law enforcement officials need to become more
sophisticated to combat them, FBI officials said Tuesday. 

Federal Bureau of Investigation Director Louis Freeh told a Senate panel
that no one really knew how widespread the problem is but that parents
are too complacent about the dangers their children can encounter on
their home computers. 

In one indication of the risks, FBI agent Linda Hooper said that when an
agent pretending to be a teenage girl signed on to a ``chat room''
limited to 23 children, all 22 other ``youths'' turned out to be adults
seeking improper contact with her. 

Freeh said the FBI has investigated at least 70 ''traveling'' cases in
which an adult builds up trust with a young person through contacts on
the Internet and convinces the minor to meet somewhere for illicit
sexual purposes. Teenage girls are the most vulnerable. 

``You used to be able to tell your kid, don't talk to strangers, don't
take money from strangers,'' said Sen. Judd Gregg, chairman of the
Senate Appropriations Subcommittee on Commerce, Justice, State and the
Judiciary. 

``But now the stranger isn't outside the house. The stranger can be
inside, on the Internet,'' added Gregg, a New Hampshire Republican. 

Congress last year gave the FBI $10 million to set up the ''Innocent
Images'' program to combat child predators and child pornographers on
the Internet. A program headquarters has been set up in Baltimore, and
law enforcement agents are now trying to train more people in federal
and local agencies. 

This week, the National Center for Missing and Exploited Children opened
the CyberTipline on the Internet, (www.missingkids.com/cybertip/) where
people can report tips and leads about possible cyber-exploitation. The
program is run with FBI cooperation. 

Center President Ernest Allen said the tip line got 150  
responses in just the first day. 

``Individuals involved in the distribution and exchange of on-line child
pornography and the recruitment of children for illicit sexual purposes
are among the most sophisticated computer users the FBI is
encountering,'' Freeh said. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Ngor: Daily summary

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A Cambodian-born gang member said Tuesday he lied when he gave
incriminating evidence against fellow gang members in the killing of
Oscar-winning actor Haing Ngor. 

Thol May, 20, put his hand over his eyes as jurors watched a videotape
of him telling police how two of three men on trial in the shooting
visited his home with the same kind of handgun used on Ngor. 

Claiming he made up the story to police, May, whose gang nickname is   
T-Bone, became the fourth prosecution witness to recant all or part of
his statements to police about the Ngor killing. 

Prosecutors claim the witnesses are lying out of fear of the defendants. 

``You saw yourself on the videotape?'' prosecutor Craig Hum asked May. 

``No, but I listen to it,'' May said. ``It's a lie.'' 

``Why did you make up this story?'' Hum asked. 

``I don't know,'' May responded. 

``It just popped into your head?'' 

``Yeah, just popped in my head.'' 

The prosecution alleges that Ngor, 55, who starred in the movie, ``The 
Killing Fields,'' was the victim of a robbery by gang members who wanted
money for cocaine. 

No eyewitnesses to the February 1996 crime came forward. Believed stolen
from Ngor was his gold Rolex watch and a gold necklace containing a
picture of his dead wife. 

Hum is relying on video and audio tapes as well as witnesses' prior   
testimony at a preliminary hearing to prove the defendants guilty. 

On tape, May said two of the defendants, 20-year-olds Jason Chan and
Indra Lim, visited him two weeks before the killing and showed off a gun
he said looked like a Glock 9 mm handgun - the type of gun used to shoot
Ngor. 

May told police the two men asked if he was interested in joining them
in ``a jack move,'' slang for a robbery. May said he refused. 

He said both Chan and Lim talked for about two hours of the planned   
robbery and their desire to get enough money for more cocaine. 

But under cross-examination, May said he was ``slow'' in school, had a 
hearing problem from bombings in Cambodia and that his memory was  
damaged from smoking marijuana. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Re: Update on Female Teacher in MN Accused of Sex with Student

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Warning bells are ringing loud and clear in my head, this so called
"teacher" is a pedophile, and she should be treated as such, just as men
are treated that way in cases like this. 

Jackie Fellows wrote:
> Hi all
> 
> Heard an update on the female teacher.  She is still in jail.  She is
> alleged to have had a 4 month relationships with the young man.  She is
> also alleged to have had sexual relationships with two other young
> men--16 and 18, I believe.
> 
> jackief
--
Kathy E
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isn't looking too good for you either"
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Re: L&I Re: Disparity in Infant Mortality Rates

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jackie :)

>From what I have read 2 and under is usually considered the infant
stage, at the age of 2 they are then classified as toddlers.

Jackie Fellows wrote:
> 
> Jackie Fellows <[EMAIL PROTECTED]> writes:
> 
> Hi Sue
> 
> I wasn't aware that they sometimes used 2 years and under.  I knew about the 1
> year cutoff and the 28 day cutoff for neonatal deaths, but this is new to me.
> Will have to make sure I check the data really carefully when comparing to make
> sure of the cutoffs are the same.  Thanks for pointing out another problem with
> statistics.  Oh those darn statistics. : )
> 
> jackief
--
Kathy E
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Re: L&I Re: Mania

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Sue :)

It's not against the law to raise "hot" snakes, each state has their own
laws concerning this. In TX you can own any type of snake it doesn't
matter, but as you stated in CA you can not have "Hot" snakes. Here in
VA they don't allow you to have a snake over 20 feet long, no matter if
it's poisonous or not. 

That usually prevents most from owning Python's and Anaconda's (I would
NEVER own a Anaconda, they're the largest snake in the world and they
have mean personalities). Yet Pythons are the second largest but they
usually have a pleasant personality. What I do when we are going to move
I check with the state to see what their laws are on snakes. There are
certain states we won't go to, one being Hawaii since they don't allow
any snakes there, but I wouldn't want to live there again anyhow.

I was LOL reading about Ron and his snakes! I could just see him
watching the news thinking hey that place looks familiar whoa! There's
Mom!! LOL

Sue Hartigan wrote:
> Hi Kathy:
> 
> I thought it was illegal to own poisonous snakes.  My brother in law got
> into real trouble because he was collecting rattle snakes.  When the
> city of San Diego found out about it, they went out and collected all
> the snakes and fined him big time.  Of course the guy fried his brains
--
Kathy E
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isn't looking too good for you either"
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Dreams was Re: L&I Re: Sleep apnea

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Bill :)

I've read a little bit about dreams and the genders, I am by far not a
expert but I found it interesting, from what I have read they say most
men dream in black and white, and women dream in color, women tend to
remember their dreams men don't. Why? I don't know, it's been years
since I've read about it though.


William J. Foristal wrote:
> That's exactly what happened.  I couldn't breathe! :)  BTW, do you know
> if you dream in color?  T hat's another thing I never remember, even when
> I can remember the dream.
> 
> Bill
--
Kathy E
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Re: L&I Why we're so tired!

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


That was a good one Bill! I'm LMAO!

William J. Foristal wrote:
> WHY WE'RE SO TIRED
> 
> For a couple years I've been blaming it on iron poor blood, lack
> of vitamins, dieting and a dozen other maladies. But now I found
--
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isn't looking too good for you either"
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Re: L&I Computers/Admissions

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jackie :)

The diaries were allowed to be entered, not for the truth of the matter
but for the jury to consider Nicole's state of mind at the time, which
wasn't good for OJ's side.

Dr.L.D.Misek-Falkoff wrote:
> 
> "Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> 
> Jackie - yes. Do you recall, I do not, what ever happened with Nicole
> Simpson's diary? Some of these issues were involved, with, additionally,
--
Kathy E
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isn't looking too good for you either"
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Re: L&I Computers/Admissions

1998-03-11 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


OOPS I just answered this and i addressed it to Jackie, sorry Linda. :)

The civil trial they were allowed to enter the diaries for Nicole's
state of mind, but not for them being truthful, not to say they were
lies, but the jury was not supposed to consider what they said, they
were to consider what Nicole herself was thinking at the time and her
state of mind. From all the depo's transcripts and reports I have read
her last couple weeks, she was in a panic mode concerning OJ and what he
was going to do, she was telling everyone he was going to kill her, and
even called Sojourn the women's shelter. For a women to go so far as to
contact a shelter, that tells me a lot. 

Concerning the criminal trial and the diaries, he allowed in portions of
the diaries not all of them, Ito also allowed in some of the letters
written by OJ and Nicole.

William J. Foristal wrote:
> 
> [EMAIL PROTECTED] (William J. Foristal) writes:
> 
> HI Linda,
> 
> I'm sure Kathy can answer this for sure, but my recollection is that the
> prosecution argued that it was admissable to show the state of mind of
> Nicole rather than a statement of proof.  But I think Ito ruled against
> the prosecution on this because the entries were written so long before
> the murders.  But I could be wrong on this.
> 
> Bill
--
Kathy E
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isn't looking too good for you either"
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Re: L&I God Will Be on TV

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


God was a no show! LOL

Sue Hartigan wrote:
> >   GARLAND, Texas (AP) -- Onlookers, satellite trucks and
> >   legions of reporters streamed Tuesday into a Dallas
--
Kathy E
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isn't looking too good for you either"
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L&I Johnson: Summary March 24

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


I apologize for being late in the summaries today.
===

Crystal Miller, the 21-year-old mother of young victim Jasmine Miller,
took the stand today and defended herself against the insinuations by  
Suzanne Johnson's defense that she may have been a frustrated mother. 

Crystal recalled the short life of her six-month-old daughter,
reiterating the previous testimony of her husband Travis that Jasmine
was a happy, healthy baby. She said she carefully screened daycare
providers and decided to bring her Jasmine to Suzanne Johnson because
she thought Johnson was very nice and capable. Crystal even had her
mother meet Johnson to ensure that she was making the right choice for
Jasmine. 

However, Crystal testified that she noticed a change in Jasmine's
behavior once she was under the care of Johnson. According to Crystal,
two weeks before her death, Jasmine began to eat less than her usual jar
of baby food and to sleep more. She also said her daughter occasionally
seemed to be sore when she lifted her and became increasingly fussy.
However, Crystal admitted that she did not suspect that there was a
problem with Johnson. She only thought that Jasmine was having problems
adjusting to the weaning process she was undergoing. And, Crystal said,
Johnson never told her about any problems she had in handling Jasmine.
Johnson always told her that things were fine with the infant. 

Crystal recounted dropping off Jasmine at Johnson's house on the morning
of June 24, 1997. She said Jasmine began crying at the sound of
Johnson's voice and cried up until the moment she left the house. She
said Johnson called her that morning before she dropped off Jasmine and
appeared to be upset about not being paid for her daycare services, they
YMCA was supposed to pay her but there was a mix up in paperwork, and
they weren't going to pay, Miller called the YMCA up and straightened it
out, but had already agreed to pay Johnson out of her own pocket in a
previous signed agreement if the YMCA didn't pay. This testimony implied
that Johnson was upset with the Millers and may have taken her
frustration out on baby Jasmine. 

When getting up to leave Miller testified that Jasmine reached out to
her, "she wanted her mother, she wanted to get away from Susan" that
statement was objected, to due to the fact she said what the baby
wanted, but the statement that Jasmine was reaching out to her was
allowed to stay in. When Sue was walking away with the baby she made a
comment that stuck with Crystal, "I don't think Jasmine likes me". That
was the last time Crystal saw Jasmine alive and the first time that Sue
even hinted there was a problem with caring for Jasmine.

"She [Jasmine] was my first child...she meant everything to me," Crystal
said tearfully as she described her daughter. "Whoever I entrusted with
Jasmine's care, I trusted as much as I trust myself." 

During cross-examination, Crystal fended off defense attempts to portray
her as a woman embittered and isolated by an unexpected pregnancy. She
told defense attorney Marc Carlos that she planned to drop out of
college after her freshman year before she even became pregnant with
Jasmine. Miller said she was disappointed with the communications
program and decided to terminate her studies to settle down and begin a
family with her high school sweetheart, Travis Miller. Crystal
acknowledged that she got a job in May 1997 not because the family
needed more money but because she wanted to get out of the house and
thought it would be a good time for Jasmine to begin interacting with
other children. 

In addition, Crystal revealed that about a month prior to her death,
Jasmine fell from a king size bed. Suzanne Johnson's defense is most
likely to use that admission later in the trial to support its theory
that Jasmine Miller really died from a pre-existing head injury that was
not caused by the defendant. 

Before Crystal Miller took the stand, defense attorney Carlos continued
his cross-examination of forensic pathologist Dr. Jan Leestma and got
him to admit that the science behind alleged child abuse cases is not
exact. Dr. Leestma said that it is extremely rare, but not impossible,
that children die from falling out of 30 -inch high chairs, or
equivalent heights. The doctor also said an accidental fall could result
in injuries similar to Jasmine's fractures. 

However on redirect by the prosecution, Dr. Leestma reiterated that he
thought Jasmine's fatal injuries were caused by a deliberate act of
child abuse. He also said that he thought Jasmine was fatally injured
around the noon hour of June 24, 1997. Dr. Leestma estimated that
Jasmine's pre-existing head injuries occurred around late May, which is
the time Johnson started caring for baby Jasmine. 

Crystal Miller is expected to return to the stand to 

L&I Jones: Summary March 24

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


I apologize some of my private comments are inserted. Yet sometimes one
can not remain silent when they have a strong reaction.
==

Perhaps the most damaging testimony yet against Reco Jones came today
from a DNA and blood expert who found that the DNA of blood found at the
sink of victim Yolanda Bellamy matched those of the five murder victims
and Jones. 

Cathy Carr, who examines bodily fluids collected from crime scenes, said
the one drop of blood that proved consistent with the DNA of the five
victims and Reco Jones was found at the edge of the kitchen sink. Carr
said it was not noticed at first by investigators because the countertop
there was wet when police first arrived. But over the course of the day,
as investigators sifted through the house for clues, the water dried,
leaving a crusty residue of blood. The state says the mix of blood was
caused when Jones washed his bloody hands in the sink. Prosecutor Kevin
Simowski maintains that Jones carefully washed and dried his hands, but
one undetected drop fell to the countertop. 

Carr also testified about how she matched up blood splatters in the
living room of Yolanda Bellamy's house with the victims. Her conclusion
was that Bellamy must have struggled because her blood DNA was found all
over one side of the living room. Her niece, Shafontah, and nephew,
Delvontay, probably died where they were lying on their sleeping bag.
Bellamy's youngest son, Nathan III, probably died near his mother's
arms. (It sounded to me like Yolanda was killed, Nathan ran trying to
escape into the front room he tried to get out the door but couldn't he
then dashed to the stairs where he was caught his throat was slit and 
his body was found at his mothers feet).

This witness's most chilling theory, however, was her conclusion
regarding five-year-old Nathan Burns Jr., Bellamy's oldest son. His
blood DNA was found on the lower steps of the stairway leading to the
second floor and in other parts of the living room by the front door. It
could be concluded he was running, hurt, trying to get away from his
attacker before he was killed. 

It should be noted that the niece and nephew had no blood on the bottom
of their feet, so they were most likely the first ones killed. Their
blood was only found in their sleeping bags and on their bodies where
they were found. Nathan III was the child with a knife wound through his
hand, it's been theorized he was holding on to his mothers neck when the
attacker plunged the knife through his hand into his mothers neck. One
problem the defense faced concerning their theory is this, there were no
signs of forced entry, that showed that the mother let in her killer,
the defense is claiming that Maliaka Martin was the actual killer,
Yolanda and Maliaka did not like each other that was well known and
Yolanda would not have let Maliaka into her house.

On cross, the defense seemed to focus on what was not found in Carr's  
analysis. According to Carr, no matching blood matter was found on any
knife taken from Jones's home (Note that it was previously testified to
that he told a witness he was going to throw the gun in the lake). And
no DNA matter was discovered in any of the sink drain traps in the
victims' house. (Note that is normal not to find DNA in the sink
drains.)

In addition to Carr's testimony, Detroit police officer and state shoe
print expert Steven Gawlik testified that two of the three bloody
footprints found at the scene were made by Nike gym shoes. This is
important because prior witnesses Maliaka Martin and Tamika Terrell, who
said they helped Jones cover up the crime, said he bloody Nike gym shoes
with him on the morning of the murders. However, none of the defendant's
three other pairs of Nikes matched the footprints. (There has already
been testimony that Jones had another pair of Nikes destroyed after the
murders.) 

The day's proceedings began with a defense motion to prevent the state
from showing the shocking crime-scene photos to the jury. Defense
attorney John McWilliams' main complaint was that the photos are in
color and show a lot of blood, making them prejudicial to the defense.
However, prosecutor Simowski claimed the photos were necessary because
they supported the testimony of the state medical examiner and rebutted
the defense argument that the 5-foot, 2-inch Martin, not Jones,
overpowered and killed the 5-foot, 4-inch Yolanda Bellamy. Furthermore,
Simowski said, there were more than 30 state crime scene photos, but the
two he chose to show the jury were the least inflammatory. After
reviewing all the photos, Judge Kym Worthy ruled in favor of the state. 

It should be noted the DA had a horrible time with this and these
photo's. They were some of the most horrific murder photo's he had ever
seen, the reason this affected so many in this manner is that 

L&I Repost Vampire case

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi all here is the original post I did on the vampire case, I found it
by accident while looking for a another post:

L&I Vampire Slaying case


  To: Law <[EMAIL PROTECTED]> 
      From: Kathy E <[EMAIL PROTECTED]> 
  Subject: L&I Vampire Slaying case 
  Date: Thu, 12 Mar 1998 21:12:59 -0500 
  Organization: Law & Issues Mailing List 
  Reply-To: [EMAIL PROTECTED] 
  Sender: [EMAIL PROTECTED] 


 Kathy E <[EMAIL PROTECTED]> writes:


 I think most of us remember when this case happened and watching
the
 extradition proceedings for the various teens involved, here is a
 complete summary of the case from beginning to end for you. Enjoy!
:)

=

 On February 12, 1998, seventeen-year-old Rod Ferrell pled guilty to
 killing a Eustis, Florida couple with a crowbar. The leader of a
teenage
 vampire cult, Ferrell was allegedly helped in the double slaying by
his
 then-girlfriend, Charity Lynn Keesee, and two other members of the
cult.

 The victims, Richard Wendorf and Naoma Queen, were the parents of
 Heather Wendorf, a friend of Ferrell's, and were beaten to death in
 their home on November 25, 1996.

 The road to the murders began some three days earlier, on November
22.
 Late that night or early in the morning of the 23rd, Ferrell --
along
 with Keesee and the two cult members, Howard Scott Anderson and
Dana
 Cooper -- left his hometown of Murray, Kentucky to drive down to
Eustis.

 After the four arrived in Eustis, Ferrell, who had lived there for
 several years before moving back to Murray to live with his mother,
 tracked down Wendorf and told another acquaintance, Audrey Presson,
that
 he was in town for unfinished business.

   A Disturbing Upbringing

 When Ferrell was born on March 28, 1980, his mother, Sondra Gibson
was
 only 17 years old, and his father, Rick Ferrell, was also a teen.
The
 two were married nine days after baby Rod was born, but split up
weeks
 afterwards.

 Rick Ferrell filed for a divorce and joined the military, while
Sondra
 kept the child. Her parents also looked after Rod, who claimed
Sondra's
 father -- his grandfather -- raped him when he was 5.

 Rod also claimed that as a young child, he was exposed to occult
rituals
 and human sacrifices, and was introduced to the "Dungeons &
Dragons"
 role-playing game.

 Sondra Gibson eventually remarried and moved frequently with Rod
before
 leaving him in Murray, Kentucky and moving with her new husband to
 Michigan. He allegedly told Rod that they were never coming back,
and
 Gibson apparently became so upset that she divorced him and moved
back
 to Murray to be with Rod. (Her second husband also allegedly
engaged in
 satanic rituals.)

 Around this time, Rod began to undergo some sort of transformation.
He
 walked in cemeteries at night, cut himself so others could drink
his
 blood, and told people he was a 500-year-old vampire named
"Vesago." His
 school work slipped and he began flagrantly disobeying his schools'
 policies, skipping class, smoking on campus and generally defying
 teachers and school officials. He also indulged in playing
"Vampire: The
 Masquerade," a realistic role-playing game in which players act out
 vampiric scenarios in real-time.

 His mother allowed him to stay out all night, use drugs, and skip
 school, and he frequently spent time with a young man named Stephen
 Murray, who brought the teenage Ferrell into the vampire world and
 "crossed him over," turning him into a presumptive vampire and
giving
 him his name.

 By the spring of 1996, Rod was also talking long-distance to
Heather
 Wendorf, who apparently told Rod that her parents were hurting her
and
 that she wanted him to come get her, but that he would have to kill
them
 to do so.

 In September 1996, Murphy attacked Ferrell, who refused treatment
when
 taken to a local hospital. Murphy was convicted for the attack.
Shortly
 after, Sondra Gibson was charged with soliciting a minor --
Murphy's
 14-year-old brother -- whom Gibson wrote love letters, imploring
him to
 "cross her over" and have her as his vampire bride.

 "Vesago" Attacks

 On November 25, the day of the murders, Ferrell and his companions
were
 stopped by law enforcement officers and questioned because their
vehicle
 had a flat tire. The flat caused Ferrell to change his plans. He
told
 Wendorf and another friend, Jeanine LeClaire, about this and
allegedly
 discussed with the group a plan to kill Wendorf's p

L&I What the hell is going on?

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


What is this kill a teacher/student week? Now they are reporting two
teachers have been stabbed at Princeton high school in McKinney TX. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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Re: L&I Hillary May Get Executive Privilege

1998-03-25 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


She can't be forced to testify against him in a criminal trial, I don't
think the same applies in a civil trial. Also that law is not enforce in
all states anymore about testifying against a spouse.

If he tries to claim executive privilege he can say good-bye to an sort
of public life after his presidency is over, and possibly to the
presidency its self, it's political suicide to claim EP. Also there is
no way that Hillary should qualify under this at all.

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> I have a question about this that perhaps someone on here can
> answer..Why would Hillary need executive privilege, she cannot be forced
> to testify against her husband.
> 
> Sue
> 
> WASHINGTON (AP) -- Legal scholars voiced skepticism and critics
> saw Nixonian abuses Tuesday in the White House effort to use
> executive privilege to shield aides from questions about conversations
> with Hillary Rodham Clinton.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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L&I Johnson: March 25 summary

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


In a half-day of testimony today, the mother of Jasmine Miller, Crystal
Miller, returned to the stand and again tried to deflect defense  
insinuations that she was a mother frustrated by her sudden new life
with her daughter. 

Crystal reiterated that she was not upset about the pregnancy ending her
college career and causing her to lose her track scholarship. However,
Crystal admitted that when police asked her whether she and her husband
Travis had domestic problems, she told them that they were going through
"rough times." Crystal also told them that the only time she had 
handled Jasmine roughly was during a time when the baby refused to
conform to her sleep schedule, and Crystal had to leave her in the crib
crying while she went to work. 

However, the prosecution continued in its effort to prove Suzanne
Johnson is a murderous child abuser by calling witnesses who spoke to
her on the day of Jasmine's death. YMCA supervisor Christi Cain
testified Johnson called her on the morning of June 24, 1997 and
expressed concern that the YMCA was not going to subsidize Jasmine's
care. Cain said Johnson sounded frustrated and said that she was no
longer going to provide care for Jasmine Miller because things were not
working out. 

Travis and Crystal Miller's case manager at the YMCA, Elyse Tarmo,
testified that she processed Crystal Miller's paperwork that notified
the YMCA of her job at Olan Mills photography. Miller's failure to
provide this paperwork earlier to the YMCA upset Johnson because she
thought the YMCA would refuse to pay her. Tarmo said she called Johnson
to assure her everything had been worked out, but the defendant was
abrupt on the phone. 

Robert Shands, a police officer who responded to defendant Suzanne 
Johnson's 911 call the on day of the incident also came to the stand and
said that Johnson seemed unusually unemotional at the scene.
(Prosecutors hope that this makes Johnson appear suspicious in the death
of baby Jasmine.) Johnson told Shands that Jasmine had vomited and was
choking on her vomit. According to Shands, Johnson never told him that
Jasmine had fallen out of a high chair. Jurors had a chance to listen to
an audiotape of Johnson's call to police, and she seemed frantic.
Throughout the tape, Johnson nervously tells the paramedic that Jasmine
is lifeless and not breathing. Each time the defendant performs CPR on
the child, she asks, "Why won't she breathe?" in frustration. 

Forensic pathologist Thomas Washington was also called to the stand, and
he identified various items that were at the scene of the incident.
Court ended early today and will not be in session again until Friday,
March 27 because of the prior commitment by the presiding judge. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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L&I Jones: March 25th Summary

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Prosecutors called their last witnesses to the stand today,
providing more damaging testimony against Reco Jones as two police
officers told the jury that Jones confessed to the murders of Yolanda
Bellamy and her two children and niece and nephew after his arrest. 

Officer Monica Childs, the first investigator to interview Jones when he
was brought to the Detroit Police Department's downtown headquarters the
afternoon of Aug. 13, 1997, said Jones waived his right to remain silent
and proceeded to engage in a lengthy conversation with her that
culminated with the defendant allegedly saying, "You knew all day it was
me. You knew I went to Yolanda's house. You knew I did it.'' 

Childs said she first asked Jones when was the last time he saw Yolanda.
Jones said early in the morning and then proceeded to tell the officer
he went to Yolanda's when it was still dark. According to Childs, Jones
said he and Bellamy argued, and the victim made threats against his
family and his mother. Jones started to choke her, long enough for her
to stop resisting. The defendant said he then left the house. Jones
allegedly told Childs he saw Nathan Jr. and Nathan III in the living
room but did not know if they were hurt at the time. Later that morning,
according to Childs's account, Jones headed for work when he changed
course and wound up at Maliaka Martin's house. 

At one point in the interview, Childs said, Jones began crying. He told
her he wanted to tell her what happened to the kids, but he also said he
wanted to talk with his mother first before telling Childs the rest of
the story. Childs, however, said she was unsuccessful in reaching
Jones's mother. Childs said that later Jones asked her if she believed a
person can do something very bad while in a frenzy but cannot stop
himself. When Childs replied, "No," this apparently sparked Jones's "you
know I did it" outburst. 

Jones's defense focused its efforts on Childs, questioning why she did
not somehow tape or otherwise record her interview with him. Childs
answered that that was against department policy, and state law does not
require police to record interviews. And defense attorney John
McWilliams made an effort to point out to the jury that at no time in
the hours upon hours of police interviews did Jones admit to stabbing
the five victims to death. 

Sgt. Reginald Harvel interrogated Jones after Officer Childs. He
testified that the defendant was upset and crying after his arrest,
saying that he had cared for the victim. Jones allegedly described to
the officer how Bellamy had told him that she was pregnant with his
child but was going to refuse to carry out the pregnancy. Because of
this, Jones allegedly confessed to Harvel, he "snapped" and killed
Bellamy. 

Jones then told Harvel that he needed to be alone. The officer left the
room briefly, but when he returned, he saw Jones climbing out the
window. Harvel tearfully recalled Jones telling him to get away from
him, saying that jumping was "something he just had to do." Jones jumped
as Harvel reached for him and fell several stories onto the concrete
below. The defendant survived the suicide attempt but suffered a broken
elbow and various internal injuries. 

In addition to police testimony, blood expert Cathy Carr returned to the
stand to finish her cross-examination by the defense. Carr admitted that
she was not aware that police reports did not note any cuts on Jones.
(Officer Childs and another police officer, Steven Yakimovich, would
later testify that Jones did have a cut on his right hand. But neither
of them noted the cut in a police report or took pictures of the cut
itself.) She also said that no blood was found in his fingernail
scrapings or on the alleged murder weapon. (But there was prior
testimony that Jones had washed his hands and the knife after the  
slayings). Carr did not conduct a similar test of Maliaka Martin, who
had helped Jones attempt to cover up his alleged role in the murders. 

The state is expected to wrap its case in the morning by calling Rauol 
Williams, an inmate who roomed with Jones. He is expected to testify
that Jones confessed the murders to him. Williams is also expected to
say that Jones admitted to jumping out the police headquarters window
but planned to sue by claiming officers pushed him. Finally, Williams
will testify that Jones asked him if he would kill Maliaka Martin. 

The defense for Reco Jones has begun their case today (Thursday) Reco
Jones is on the stand testifying.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Evidence there is life on Mars?

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Check it out!


http://www.ohmygoodness.com/cgi-bin/g-card.pl?980326KAKALGQCJKWS 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Question

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Doc :)

Yes it is, but the way I look at this case is, he realized he was going
to be found guilty due to the evidence and just decided the heck with
it, mize we'll just get it over with instead of going through the trial
also. At least that's my take on it.

DocCec wrote:

> Isn't that a bit unusual, a guilty plea in a capital murder case without a
> pledge of non-capital punishment?  Why the guilty plea at all, under such
> circumstances?
> Doc
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Jones: Summary March 24

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


sorry for the slip up in writing this one, don't ask me why I said a
gun, it was a knife he threw away. I'll pay closer attention in the
future.

Kathy E wrote:

> On cross, the defense seemed to focus on what was not found in Carr's
> analysis. According to Carr, no matching blood matter was found on any
> knife taken from Jones's home (Note that it was previously testified to
> that he told a witness he was going to throw the gun in the lake). And
> no DNA matter was discovered in any of the sink drain traps in the
> victims' house. (Note that is normal not to find DNA in the sink
> drains.)
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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Re: L&I Badtimes Virus :)

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


another name for this Virus is - My son Scotty (VBG)

Sooz wrote:
> 
> Sooz <[EMAIL PROTECTED]> writes:
> 
> Users:  I've received this important warning from off-shore sources
> deep in the Caribbean.
> 
> Be alert:  This is REALLY bad news!
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I SK's Deal, should this be allowed?

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Serial killer Michael Ross has literally signed away his life, putting
his name at the bottom of an extraordinary 10-page agreement with a
prosecutor to go to his execution quietly. 

The pact between Ross and special prosecutor C. Robert Satti could force
Connecticut — a state that has not carried out the death penalty since
1960 — to face an execution soon. 

Legal experts around the country are calling the deal unprecedented and
say it has dangerous implications. A human rights group says it was the
product of an "unholy alliance'' of the killer and prosecutor. 

Even the judge in the case has expressed reservations, holding off
accepting the agreement until hearing further arguments on whether it is
legal and binding. 

"I must say this is a unique situation. A person is entitled to waive
appeals, but I don't think they're entitled to commit suicide,'' said
Richard Dieter, director of the Death Penalty Information Center in
Washington, D.C. 

Ross, a former insurance salesman and Ivy League graduate, strangled at
least six girls and young women in the early 1980s. He pleaded guilty to
two killings in 1985 and was convicted of four others in 1987. Later
that year, he was sentenced to death. 

In 1994, the state Supreme Court upheld his conviction but overturned
his sentence because the judge had excluded part of a psychiatric report
that might have helped him escape death. A new penalty hearing was
ordered. 

But Ross dismissed his public defenders and wrote to Satti with the idea
that a new penalty hearing could be avoided altogether if they could
come to some arrangement. 

Over the course of three years, the prosecutor and the defendant —
acting as his own attorney, with a court-appointed lawyer as an adviser
only — worked side by side to create their lethal brief. The document
coldly details how he how captured and killed his victims. Most of them
were raped and their bodies dumped in the woods. 

The contract, signed March 11, ends with the declaration that "a
sentence of death will be imposed.'' 

Plenty of other death row inmates around the country have pleaded guilty
or waived all appeals after being sentenced to die. Ross' case differs
in two major respects. 

First, he signed an explicit contract with the prosecution that, if
found to be binding, seals his fate. And second, the deal would
eliminate the penalty hearing altogether. 

Legal experts say this appears to be improper because under Connecticut
law, no one can be sentenced to death without a penalty hearing. They
also object because Ross' fate — unlike that of many death row inmates —
is far from hopeless. 

Under the law, Ross would be spared the death penalty if a judge or jury
at the penalty hearing found just one mitigating factor, such as a
history of child abuse. Ross has a psychiatric report that says he
suffers from a mental illness. 

Stephen Bright, director of the Southern Center for Human Rights in
Atlanta, called the relationship between Satti and Ross "an unholy
alliance.'' 

"This agreement is an extraordinary document to come up with. What's
different in this case is the contract with the state prosecutors and
the keeping-out-evidence aspect of it,'' he said. 

Loyola University law professor James Carey worries that the adversarial
nature of the court system has been abandoned in this case. 

"The process by which you would induce an accused person to appear to
sign his life away I think undermines the apparent structure and
neutrality of the process,'' he said. 

Fordham University law professor Deborah Denno said: "I think there's
some sort of death wish on his part. He's taking the more egregious
punishment when there's a pretty strong chance that he might not be
given death.'' 

Ross, 38, a graduate of Cornell University with a degree in agricultural
economics, denied he is suicidal and said he simply wants to spare the
victims' families from having to go through another hearing. 

"They have been hurt enough by my actions in the past,'' he said during
a hearing before Superior Court Judge Thomas Miano. "I don't want them
to have to hear the awful details of how I sadistically brutalized and
murdered their daughters.'' 

Satti refused to comment Wednesday. 

The judge has asked Satti and Ross to submit briefs on the legality
their agreement and set a hearing for April 9. 

Patrick Culligan, chief of the capital defense team for the state Office
of the Chief Public Defender, is trying to intervene. 

"Our Supreme Court has said that in Connecticut, if the death penalty is
imposed, it must be the result of a reasoned moral judgment. The parties
do not seem to be addressing that interest at all,'' Culligan said. "It
comes down to couple of guys trying to come up with thei

L&I Welcome to Kathy

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Kathy :) 

Welcome to the Law list :) I am glad to see your enjoying it here :) :)
If you have any problems or questions please don't hesitate to ask :) 
To avoid confusion I sign my name as Kathy E, so we shouldn't be mixed
up :) Again Welcome and I look forward to your input :)
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I DEATH PENALTY--The quality of justice

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Short note Ed will unable to answer this until he comes back to the
list, if you would like to hold it for him and forward it to him when he
returns I'm sure he would have no problem with it :)


dr. ldmf [ph.d, j.d.] wrote:
> 
> "dr. ldmf [ph.d, j.d.]" <[EMAIL PROTECTED]> writes:
> 
> Hi Sue - I think we had better bring our expert in on this one. And he
> is a California lad also.  Calling Ed, Calling Ed...! from a general
> perspective though, and not having read anything about the case except
> what's here:
> 
> [1] Before the jury convenes to reach a verdict, at the end of all
> arguments, a 'side' can make a Motion for what's called usually "a
> Directed Verdict." This creates and preserves the right to make another
> Motion after the verdict, called a JNOV ("Judgement notwithstanding the
> verdict" (rejecting the Verdict), and if granted the Judge does do a
> JNOV.
> 
> [2] After a verdict a judge can decide that in the "Interest of Justice"
> he must set aside the jury verdict because it does not in his Opinion
> reflect the evidence presented. Then he would issue his own ruling.
> 
> [3] Other. 
> 
> Ed and others, check me out above because I am spontaenously typing from
> memory and need the generalities checked; but as far as this case, I
> don't know how the procedures went or California Law on this point.
> Do we have a link to California Criminal Code, or Civil Code? :) LDMF.
> ---Sue Hartigan wrote:
> >
> > Sue Hartigan <[EMAIL PROTECTED]> writes:
> >
> > Hi Dr. L.:
> >
> > I posted that article for Bill.  But now that I read it, it is very sad
> > and confusing to me.
> >
> > How can a judge give the DP in a case by himself.  I don't think that is
> > allowed in California.
> >
> > And if the new antiterrorism law hasn't gone through all the channels,
> > how can they apply it.
> >
> > I really don't understand this.  Can you please explain it to me?
> >
> > Sue
> > >
> > > Hi Sue - this seems a very touching situation; one hopes someone will
> > > review it while there is still time to do so.  I know the arguments for
> > > proceeding are many because all the intertwining laws and sub-texts add
> > > up to execution, it seems, and not grandfathering in those with dealth
> > > penalties of a prior date; but if technicalities always prevail, we will
> > > have a total triumph of 'form over substance.' This post is not
> > > regarding the merits, but the system. :) LDMF.
> >
> > >
> > > Posted for Bill:
> > >
> > > St. Louis Post-Dispatch
> > >
> > > DEATH PENALTY
> > >
> > > About the time Missourians are drifting off the sleep tonight, the
> > > executioner
> > > is scheduled to administer a lethal injection to Milton Griffin-El. His
> > > death
> > > should trouble our sleep.
> > > Many will be satisfied by his execution. There's no doubt that
> > > Griffin-El and
> > > Antoine Owens killed Jerome Redden and his girlfriend, Loretta Trotter,
> > > on
> > > Aug. 15, 1986. There's no doubt it was a brutal attack in the apartment
> > > above the Redden family cleaning establishment on St. Louis Avenue.
> > > There's
> > > no doubt that the murder had tragic consequences quite beyond the
> > > victims
> > > who were stabbed and bludgeoned to death. Mr. Redden and Ms. Trotter's
> > > 4-month-old son, Germaine, was found crying near the bodies and
> > > eventually
> > > was put up for adoption.
> > > Rosie Redden, Mr. Redden's mother, sees the execution as simple justice:
> > > "He took two lives for a robbery. He deserves to die."
> > > So what is there to trouble us?
> > > The trouble lies in what the case says about the quality of justice as a
> > > new
> > > federal law begins to limit death row appeals. The case also illustrates
> > > other
> > >  problems with the death penalty:
> > > * Griffin-El was sentenced to death while Owens got life sentences for
> > > stabbing both Ms. Trotter and Mr. Redden. Hence the arbitrariness of the
> > > death penalty.
> > > * Griffin-El was convicted by a jury from which the prosecutor had
> > > struck six
> > > African-Americans - a common prosecutorial practice in the 1980s and a
> > > reason the death penalty has been

Re: L&I Jones: Summary March 23/ KE

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Linda :)

I think the jury is paying attention, and that is going to be a problem
for the defense, to me it's unreasonable to think a women who was
smaller than Yolanda and shorter was able to overpower her and kill her
and the four kids, yet it is something I can easily see Rico being able
to do. IMHO Rico has confessed, every thing he did after that crime
reeked of a man who killed. I think if this jury uses common sense they
will see it also, especially having his own mother testify against him.
I know that was most likely the hardest thing in the world for her to
do, and I feel sorry for her, but she told the truth. Yet after
yesterdays testimony and all involved I had a real hard time with this
case thinking of these children and what they went through along with
the mother before they died. 

The question of reasonable doubt, it's one I ponder quite a bit when
looking at these cases and watching them. What do I consider reasonable
compared to another? It's a very hard thing to explain to another. Yet
this is the way I look at the cases I watch. 

When the DA is finished with their case I should feel like the accused
is guilty, if I don't feel that I have reasonable doubt before the
defense has even said one word. And I would not convict, I felt that
with the Budzyn case, I was not convinced of anything with him, Now they
completely convinced me Nevers was guilty.

When the defense comes up and shows me their case I will expect them to
raise the possibility that I am wrong, and to put on good enough case
that I will question myself and what I felt. Thus they raise reasonable
doubt. Now the question comes into mind, what if they only raise
reasonable doubt in one area? Do I then say the person isn't guilty and
not vote guilty? No, what I then look at is the whole pictures not just
one little piece of it, could I live with convicting this person? If I
feel I could I would but if I had a doubt about that no I would not
convict.

Hung Jury. Well I don't believe in those, my feelings are if you have a
hung jury you have lawyers on both sides that failed to do their job.
The DA didn't have enough evidence or was not good enough to convince a
jury of his guilt, and the defense also dropped the ball and was not
good enough to convince the jury his client was innocent. A hung jury is
something both sides should be ashamed about IMO.

Now I probably told you more than you ever wanted to know LOL

dr. ldmf [ph.d, j.d.] wrote:
> 
> "dr. ldmf [ph.d, j.d.]" <[EMAIL PROTECTED]> writes:
> 
> :) Echo your feelings, Kathy -- which is why I posted the 'OTOH'. It's
> such a strong if melodramatic move to accuse someone else, not a missing
> person suspect, but an actual located and presented person (ha, indeed,
> the allegedly jealous other woman!). I wonder what the probabilities are
> here. Do you think the jury might say, it's a game, but yet it
> introduces reasonable doubt? Hope to hear your view;
> cheers, :) LDMF.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Justice does prevail..

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Kathy :)

Sometimes justice does prevail :) I had the same sort of thing happen to
me back in 85. They broke in and got some guns and various other things,
the police really didn't offer us any hope of retrieving the items so we
just filed the insurance and moved on. Yet a couple months later they
called us telling us they had our guns, they were serving a warrant on a
suspect while in the house they noticed a lot of guns and electronic
equipment, what finally happened is yes those were our guns he had, what
he was doing was having little kids break into houses and they would
give him the merchandise and he would sell it. It was just pure luck we
got our items back, but I was grateful, I didn't like the idea of
someone with my guns and possibly using it in a crime. Nor the sense of
losing the security I use to have in my home, I found that was lost
after the break in.

Kathy wrote:
> 
> "Kathy" <[EMAIL PROTECTED]> writes:
> 
> Hello to all on the list..
> I am a new member here and really enjoy reading all the news of the cases
> and all that...I have never participated before but I found what happened to
> me today good enough to share..
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Twins died of SIDS

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Sue,

To say the least this is a confusing case, yet interesting. I personally
don't think a majority of the cases are homicides, I do think that some
that were classified as SIDS were homicides though, the evidence has
shown us that. The one thing I was wondering and the article didn't say
it was did she have proper prenatal care? Did she carry the twins full
term or were they preemies? If they were preemies I can easily
understand them dying, since most preemies have respiratory problems. My
nephews who were preemies did, yet they were born at 27 weeks, and had a
lot of problems.

I can't help but agree this is very rare they would both die of Sids
especially at the same time. Yet it does look like that is what
happened. Sometimes there just isn't any easy answer and sometimes there
will never be an answer to the questions that are raised. This looks
like it might be one of them.

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> I honestly don't know what to think about this...Sue
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Vampire Killer

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


LOL Sue you just reminded me of a SK in Russia, the jailers weren't to
smart, this man was convicted of being a SK and he liked to eat his
victims, so what did they do? They gave him a roomy in jail! LOL Needles
to say after an argument when the jailers went to check on the inmates
there was only part of one left. They then learned NOT to put a room
mate in with that SK. You would have thought common sense told them not
to put someone in with him. I can't remember the man's name right now,
plus Russian names are a bit hard to remember. 

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> I have a question, is this guy going to share a cell with another
> person?
> 
> I certainly wouldn't want to be his cell mate.  What if he decides to
> start chewing on the cell mate one night.
> 
> Seriously are they going to keep him by himself or with another vampire
> person.  Or maybe someone who thinks he is a warewolf.
> 
> If not I suggest that his cell mate get a sun lamp.  :)
> --
> Two rules in life:
> 
> 1.  Don't tell people everything you know.
> 2.
> 
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--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I COTD: Pennsylvania Unsolved murders

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


In a period of seven months, between November 1976 and June 1977, five 
young women were raped and murdered within a 25-mile radius of 
Washington, Pennsylvania, their killer striking with impunity and
leaving homicide investigators at a loss for clues. Despite a fair
description of the suspect, published in the form of artist's sketches,
there were no arrests, and  none are now anticipated in a case that
terrorized the peaceful border region, holding women prisoners of fear
inside their homes.

The first to die was 21-year-old Susan Rush, a native of Washington
County, found strangled and locked in the trunk of her car on November
25, 1976. Detectives noted that her body had been "hastily clothed," her
bra and panties left on the front seat, and a post mortem examination
confirmed that the victim was raped prior to death.

On February 13, 1977, 16-year-old Mary Gency was reported missing from 
her home in North Charleroi. She had gone out for a walk after supper
and never returned, her body recovered three days later from the woods
at Fallowfield Township. Gency was beaten to death with a blunt
instrument, raped before death by an assailant the county coroner
described as "a mad animal."

Debra Capiola, 17, was last seen alive on March 17, walking to meet her
school bus in nearby Imperial, in Allegheny County. She never arrived at
school, and searchers found her body in a wooded section of northwestern
Washington County on March 22. Capiola had been raped before she was
strangled with her own blue jeans, the pants left wrapped around her
neck.

Two months later, on the afternoon of May 19, 18-year-old Brenda Ritter
was found dead at South Strabane Township, in Washington County. Nude
except for shoes and stockings, she had been raped, then strangled with
a piece of her own clothing, tightened around her throat with a stick.

In June, the killer strayed from Pennsylvania, but he did not travel
far. His final victim was Roberta Elam, 26, a novice at Mount St. Joseph
Mother House, in Oglebay Park, West Virginia, near Wheeling. Preparing
to take her vows as a nun, Elam's career was cut short by the savage who
raped and strangled her on June 13, dumping her corpse within 75 yards
of the convent.

On the afternoon of June 15, authorities released a sketch of a
longhaired suspect seen near the Ritter homicide scene, but none of the
resultant tips proved fruitful. When the murder series ended, as
mysteriously as it had begun, police could only speculate about the
strangler's identity and whereabouts. Unless deceased or jailed on
unrelated charges, he is still at large today.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Re: Update Ruthann Aron trial

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Uh oh not a good sign.

BTW wait till you see what happened today in the Massacre trial. I was
completely flabbergasted! To put it easily you know how people who don't
watch court trials tend to think court is like Perry Mason, yet reality
is much different? Well today this case WAS like Perry mason! Rico found
out he wasn't as smart as he thought he was LOL He did keep from
blurting out a confession though I wasn't going to be surprised if he
did that after everything else that happened today! Highly entertaining
end of the trial today! I will elaborate more in the summary :)

DocCec wrote:
> 
> DocCec <[EMAIL PROTECTED]> writes:
> 
> Jury's been out two days, and has said at least once that they don't think
> they can reacy a unanimous verdict.
> Doc
> 
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--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Serial Killers

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


HI Terry and Jackie :)

As I said before I am by far not a expert on SK's I do know a bit about
them though, and tend to keep updated on them. Terry I firmly believe
Lucas was a SK, I'm not sure what your reading saying it was a hoax, but
due to the fact he told police where to find the bodies of some of his
victims, and they did find the victims, that's pretty convincing
evidence to me. If you would like some links to information about him
let me know.

The extra Chromosome as you are discussing below may be a key into the
cause of SK's, it's just not known yet. It would be nice if we could
find out what causes it, and hopefully they can pin down some definite
medical reasons.

Concerning Hoffman I agree he is not a SK, more of a exterminator out
for revenge is what it looks like to me, a SK has a very specific
profile, in that it's rare they will know their victims, and they get
sexual gratification from the torture of their victims. Revenge at a
victim is not something in the psych of a SK, now sometimes there is
someone who the victims will represent, mother or grandmother, and that
is how they will pick their victims.

Talking of SK's we were supposed to have a trail here in VA Bch of a
local SK, but today the Judge granted a change of venue due to
publicity, so I won't be able to attend that trial and report on it in
person.  It was pretty much expected the change of venue would be
granted. I posted a separate message about the case :)

[EMAIL PROTECTED] wrote:

> Hi Jackie,
> 
> Yes and the psychiatrist did much more than that.  He found a clinic
> actively teaching about and treating the disorder.  Many feel the extra
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I SK trial in Virginia

1998-03-26 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi all :) This is a local SK case here in Hampton Roads, I had planned
on trying to attend the trial, today though it was announced the Judge
granted a change of Venue due to the publicity around this case, so I
will not be able to attend the trial in person. Here is a case summary
of this case, it may seem familiar to some of you, I did a profile on
this case back in Houston, before they had arressted anyone for the
murders.

Elton Jackson, charged with the 1996 strangulation death of Andrew D.
``Andre'' Smith, has been linked through newly released court documents
and DNA evidence to at least six of a dozen men thought to be the
victims of a serial killer in Hampton Roads.

Jackson, the prime suspect in the murders, which stretch back to 1987,
had previously been linked to at least four victims. Evidence released
this month reveals that he was acquainted with two additional victims.

In fact, Jackson was investigated as a suspect as early as 1994, after
the body of a ninth victim was found dumped in a deserted roadway,
according to these court documents. Suffolk police questioned him four
times that year.

Jackson, 42, is scheduled to stand trial on April 21 in the murder of
Smith, who is thought to be the most recent victim of the serial killer.
DNA evidence shows that Jackson's semen was in Smith's body when it was
found and that Smith's DNA was on cigarettes found in Jackson's car,
according to court documents. 

Jackson, through his attorneys, has denied killing Andrew Smith or being
the Hampton Roads serial killer. He remains in the Portsmouth jail in
lieu of $1 million bond.

Since Jackson's arrest in May last year, detectives on a regional task
force have been trying to connect Jackson with other victims, according
to court documents.

According to The Virginian-Pilot's analysis of those documents and
interviews with witnesses, there are links between Jackson and five
other victims: 

Jesse James Spencer Jr., 30, whose nude body was found in a ditch off
Jolliff Road in the Western Branch section on Jan. 27, 1996. In an
interview last week, a woman who worked at a convenience store with
Jackson said she last saw Spencer getting into Jackson's vehicle the
night before his body was found. Another court witness has said Jackson
and Spencer knew each other.

Garland L. Taylor Jr., a 24-year-old Portsmouth brickmason whose body
was found in a Suffolk ditch on Sept. 17, 1994. Jackson told Suffolk
police that he saw Garland two weeks before his death and that he had
known him three or four years.

Robert A. Neal, 24, a Portsmouth resident who was found dead in a remote
section of Chesapeake on Sept. 8, 1993. Jackson told Suffolk police in
1994 that he used to play tennis with Neal and that he let him stay at
his house for a short while.

Reginald Joyner, 32, who was found March 7, 1993, near Greenwood and
Holy Neck roads in Suffolk. DNA taken from blood and semen on the
bedding in Jackson's Portsmouth home match Joyner's DNA.

Charles F. ``Chuckie'' Smith, 18, of Ocean View, Norfolk, who was found
slain in a remote section of Chesapeake on July 17, 1987, and may have
been the serial killer's first victim. Two inmates said that Jackson had
known Smith. One said Jackson and Smith had a sexual relationship, and
the other said Smith was with Jackson the night he disappeared. 

The murder cases share other similarities. Many of the victims were
known to be  homosexual or bisexual, and some prostituted for drugs.
Their lifestyles, and Jackson's, tended to revolve around late-night
clubs and hangouts in the downtown and Ocean View areas of Norfolk, and
the Truxtun area of Portsmouth.

At least 10 of the 12 victims were strangled. Two were too badly
decomposed when found to determine the cause of death. All but one were
found nude.

Gloria Gaylord, who used to work with Jackson at a Quick Shop
convenience store on Portsmouth Boulevard, may also testify during the
trial. Jackson has told police that he met Andrew Smith at the store,
which is a short distance from Jackson's home.

Gaylord also saw Jackson with one of the other victims.

In an interview last week, Gaylord said she may have been one of the
last people to see Spencer alive. Spencer is considered to be the 11th
victim of the serial killer.

On Friday, Jan. 26, 1996 -- one day before Spencer's body was found --
Gaylord saw him get into Jackson's vehicle outside her home on 34th
Street in Norfolk. She had given Spencer, her friend and neighbor, money
for beer. The last she knew, he was going on a date with Jackson.

`That Friday night, Jesse came up and we were talking. (Spencer) said:
`I got a date for tonight,' '' said Gaylord.

She said she knew that Jackson had gone out with a lot of men and that
he often met them at the Quick Shop. ``He had a lot of people come by,''
she said.

On

Re: L&I COTD: Pennsylvania Unsolved murders

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Doc :)

One never knows, usually the only reason the crime spree stops is the
assaulter has gone to prison, died or left the area. At least that is
what has always happened in the past. For them to stop on their own is
unheard of at least to my knowledge. Yet your rapist in reality does not
fit the others MO since he's letting his victims live. Usually they
escalate to killing the victims but don't go in reverse to not killing
them.

DocCec wrote:
> The "longhaired" caught my eye.  We have a trio of unsolved rapes in the area,
> and the only victim who can describe the assailant describes a white male with
> long fair hair worn in a pony tail.  We are not that far from the PA
> scene
> Doc
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Jones: Perry Mason aka as Summary March 26

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The first note for anyone who decides they are smarter than the DA, You
are NOT smarter than the DA it is NOT advisable to attempt to prove you
are, it will do nothing but end up showing a side of you that you do NOT
want the jury to see. Second note if your guilty and your going to lie
about what you did, keep your story straight! Third if you decide to
take notes up to the stand to keep your story straight, do NOT have your
lawyer type them up, it makes it look like it's his story not yours. And
lastly do NOT EVER go to the stand get caught lying then try to claim
the 5th, it just don't look good hahaha. Now on the the fun summary of
the day :)

A combative, unremorseful Reco Jones took the stand today and tried to
place the blame for the murders of Yolanda Bellamy and four children   
squarely on one of his ex-girlfriends, Maliaka Martin. But when
confronted by prosecutor Kevin Simowski during cross-examination, Jones
admitted that he was following a "script" during his prior testimony and
undermined his story about Martin. 

Jurors heard an entirely different version of the slayings from Jones.
He testified that he had visited Martin in the middle of the night
(4:30) and had fallen asleep at her house. According to Jones, he and
Martin were together for a brief time the previous night, and they had
argued about Jones's having female friends and continuing to talk to
Bellamy. Jones said that he visited Martin to settle the argument with
her and claimed that he also had CDs belonging to Bellamy that he wanted
to return. Jones then decided to drive to Bellamy's house to return her
belongings, and Martin accompanied him, how many people are going to be
up that early? And why go over that early to get CD's? According to the
witness, he also wanted to settle the hard feelings between Bellamy and
Martin over the love rivalry they had involving him. He is such a Romeo!
(VBG)

Jones told the jury that when he and Martin arrived at Bellamy's house,
Martin attacked Bellamy. He said that he tried to break up the fight
between them, but Bellamy had already been stabbed. "What did you do
that for?," Jones claimed he asked Martin. (Jones also claimed that his
arm was cut accidentally by the murder knife while he tried to separate
the two women.) Martin, Jones claimed, went on to kill the four
children, but he never explained why he never stopped her. Poor Jones
just stood by in total shock and watched this massacre happen, what he
didn't realize his story did even if true, which I doubted, is he had
just made himself an accessory to the crime. He also said he never
washed his hands at the house, but his blood was found at the sink.
The defendant then claimed that he and Martin returned to her home, both
showered to wash the blood off their bodies, and then ultimately
returned to the murder scene to help cover up the crime. Jones
acknowledged that he went to his friend Tamika Terrell's house and that
she helped them burn some of his bloody clothes. He denied telling
Tamika that he "cut the fuck out of Yolanda".

Jones's direct examination was labored and difficult for his own
attorney, John McWilliams. Both on and off the stand, Jones argued with
McWilliams over his answers to the questions and wanted to give detailed
answers when McWilliams tried to persuade him to follow his
instructions. Judge Kym Worthy had to excuse the jury multiple times to
remind Jones that he must only answer the questions asked by his
attorney and that McWilliams was trying to help him. (I was LOL a couple
of times, I felt sorry for his attorney though, but there was no way
this man was going to play by the rules on the stand. He was his own
worse enemy.)

The defendant denied confessing to the murders when interrogated by
police and said that he jumped out of the window at police headquarters
because he was scared and knew Martin and the police were trying to pin
the murders on him. 

However, prosecutor Kevin Simowski took an immediate, aggressive
approach during his cross-examination of Jones, saying, "You like to
tell stories and lie, don't you, Mr. Jones?" To that, Jones incredibly
replied, "Yes." (I was floored when he said that!) Simowski 
continuously accused Jones of lying, saying that he was really the one
that killed Bellamy and the children. Jones replied that he was
following his "script," when he told the story about Maliaka Martin and
the murders. He said openly in court in front of the jurors that he was
following his script. (This implied that his prior testimony was a story
Jones's attorneys had made up for him. His attorneys later said on
record that they did not encourage him to make up a story. They only
made up notes so that they could verify the facts of the case with
Jones.) I can just imagine what the jurors were thinking! This cross was
wonderful! 

Re: L&I Re: Update Ruthann Aron trial

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The cross was unbelievable! I was constantly going from open mouthed
shock to LOL, I have NEVER seen a cross like this! It was a work of
wonder! LOL I just emailed the summary to the list :)

I expect a quick conviction, as soon as he tried to claim the 5th that
told everyone the truth of the matter.

DocCec wrote:
> 
> DocCec <[EMAIL PROTECTED]> writes:
> 
> In a message dated 98-03-26 19:21:28 EST, you write:
> 
> << Highly entertaining
>  end of the trial today! I will elaborate more in the summary :) >>
> 
> Now that's tantalizing!  Tell!  Tell!
> 
> The Aron jury left for the evening without a decision.  The judge is
> apparently trying to cajole them into trying rather than coming in hung.
> Doc
> 
> Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Netcourt and Netscape

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi all :)

I'm not sure how many of you are members to Netcourt, I am and they have
a real nice service for trial transcripts, but here's a notice from them
for those who are interested :) (As you can tell I'm a bit behind in
email yet again, I have decided this is just going to be part of life
for me!)

I ordered some of the simpson transcripts from Net Court during the
civil trial, they were very fast in getting them out, I think I was
getting them approximately 3 hours after testimony was done, the
completed version. They would send me sections during the trial then
send the completed transcript after it was proofed. I couldn't complain.
I had debated on ordering the Brawley civil trial ones, but it doesn't
look like there was much interest in that case here. So I didn't :)


NETCOURT TRIAL AND EXPERT WITNESS TRANSCRIPT SERVICE 
FORMS ALLIANCE WITH NETSCAPE COMMUNICATIONS
  


NETCOURT WEB SITE:  http://www.interNetCourt.com

Charlotte, NC and Mountain View, CA - March 18, 1998

NetCourt, LLP today announced that it has formed an alliance with 
Netscape Communications Corp. According to NetCourt President 
and CEO Scott Huseby, "We are delighted to have aligned ourselves 
with a company that we believe has developed the finest and most 
powerful Internet browser and email system in the world. Our goal 
is to integrate important legal applications into the Netscape browser 
system for release into the legal industry. This alliance represents 
dramatic progress in our strategy of distinguishing NetCourt worldwide 
as a leader in legal document delivery systems via the Internet."

NetCourt, LLP is a leading provider of online trial and expert witness 
transcripts produced by court reporters from around the country. The 
company offers a full line of services to court reporters, the press,
and the legal industry and provides support to court reporters and the
press in high-profile trial settings. NetCourt pioneered the use of the
Internet for transcript delivery in the O.J. Simpson civil trial and is
the exclusive producer and distributor of both O.J. Simpson criminal and
civil trial transcripts on CD-ROM.

NetCourt is based in Charlotte, North Carolina
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's

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L&I Jones: Closing Arguments Verdict watch March 27

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


One day after defendant Reco Jones's controversial testimony, both the
prosecution and the defense presented closing arguments, with 
prosecutor Kevin Simowski portraying Jones as a cold-blooded killer who
ate lunch as the bodies of his ex-girlfriend Yolanda Bellamy and four
children were discovered by police. 

Simowski told jurors that he would not focus on what he characterized as
Jones's "despicable display" on the stand yesterday. Rather, Simowski
said, the "overwhelming" evidence against Jones proves that he was angry
at Bellamy and killed her then her sons, niece and nephew in a rage. The
prosecutor outlined the sequence of the slayings for the jurors for the
first time in his closing statements. Simowski said that when Bellamy
insulted Jones, the defendant stabbed Shafontah and Delvontay Bellamy,
who were asleep in their sleeping bags and did not stand a chance
against the attack. "As her [Yolanda's] life's blood was escaping, Mr.
Jones stabbed Shafontah," Simowski said. "It was as if he was saying,
'Look what I'm doing to your family' as he tortured the little girl." 

At that moment, said Simowski, Bellamy yelled a long "No!" and tried to
gather her sons, Nathan Jr. and Nathan III, and escape. But Jones, said
the prosecutor, killed Bellamy and young Nathan III while he was still
in her arms. 

"Mr. Jones told you yesterday that no one can speak for Yolanda
Bellamy," Simowsky said. "But she spoke to you through the evidence,
through the DNA evidence." 

The prosecutor characterized Jones as a person who has manipulated women
all his life, hiding behind girlfriends and even his mother. Simowski
noted how after his arrest, Jones tried to hide the cut he suffered on
his right hand when he attacked Bellamy and the children. As he showed
photos taken of Jones after his arrest, the prosecutor said, "You know
what our hider does? The guy who hides behind the women? Now he's hiding
his right palm." 

Simowski also noted for jurors how angry Jones appeared to be at police
officer Monica Childs, who testified that Jones had admitted committing
the murders to her. Simowski claimed that Jones was angry at Childs
because she was one of the few females in his life who had betrayed him. 

Jones, the prosecutor also noted, went to get a haircut after the crimes
to remove more possible evidence and as Yolanda Bellamy's sister,
Ericka, found her children and sister in a blood of blood, Jones was
having lunch. "How cold can you be?" Simowski asked the jurors. 

Defense attorney Kendall Sailler responded to the prosecution's closing
arguments by saying that if there is a reasonable doubt that Jones did
not kill the five victims and that they were murdered by someone else
(such as his ex-girlfriend Maliaka Martin), then they must find him not
guilty. Sailler characterized the murders as the most heinous in
Detroit's history, but also noted that the prosecution's case was based
largely on circumstantial evidence. No one, said Sailler, saw Jones
commit the crimes, and no one testified that they saw him murder the
victims. 

Sailler said that police and prosecutors, anxious to find arrest a
suspect, rushed to arrest his client and did not investigate other
possible suspects. 

"There was a rush to judgment in this case," Sailler said. "They had
four dead kids, and they had to do something." 

The defense attorney also said that the state's strongest evidence, the
DNA evidence, was based on what he called a "waterspot" and that the
jury cannot convict Jones on evidence taken from a waterspot. 

In addition, Sailer also attempted to explain Jones's behavior on the
stand yesterday by emphasizing that Jones is a scared "street kid" who
did not react well to the pressures of being on the stand and on Court
TV. 

"He's scared to death... I hope you can understand he's a very scared
young man," Sailler said. "Perhaps it was a mistake thinking that he
could handle the pressures of testifying on the stand. Please understand
that my client is a street kid...he's not a rocket scientist. He was
doing his best (yesterday) and it was not real good." 

During rebuttal closings, prosecutor Simowski chastised the defense for
not knowing the exact names of the police officers they named in their
closing arguments and accused them of making up and changing their story
about the murders during the course of the trial. 

"[They said] 'I'm not going to say a name in opening statements because
we're going to make it up as we go along,"' Simowski said of Jones's
defense team. "They found a scapegoat, but they waited until the end of
the trial because they weren't sure who to pin it on...They're playing
over h

L&I COTD: Tahl, William Albert Autur

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


An American Eskimo, Tahl clashed with authority for the first time at
age three, after deliberately hurling a brick through a window. More   
arrests followed, but his crimes remained petty until the spring of
1965, when unexpected violent urges surfaced at the age of
twenty-seven.

On April Fool's Day, Tahl, approached his man-and-wife employers, Mr.
and Mrs. Victor Bowen, at the Mission Bay Yacht Club in San Diego,
California. Brandishing a shotgun, he demanded cash, and was indignantly
refused. Impulsively, Tahl shot both victims, killing Mrs. Bowen   
instantly; her husband would survive just long enough to name the gunman
for police.

Mere hours later, still on April 1, Tahl invaded a nearby apartment,   
threatening to stab a two-year-old child if the boy's teenaged mother
did not submit to intercourse. Following the rape, he fled from
California, giving San Diego officers the slip, and set his sights on
Texas. In El Paso, Tahl acquired a bogus driver's license, draft card,
and Social Security number in the name of "Arthur Spencer," moving on to
Dallas as he searched for work.

In Dallas, Tahl made friends with Allen Wright, age 24, and shortly
moved his few belongings into Wright's apartment. There, on April 26, a
neighbor found Wright's body -- naked, torn by knife wounds -- and
police began a search for "Arthur Spencer," on another count of murder.

Tahl, meanwhile, was hiding in Fort Worth. While there, he "found" a
Social Security card in the name of "J.D. Baxter," usurping that
identity as he evacuated Texas, homing on St. Louis. Back in Dallas,
"Arthur Spencer" had been made as William Tahl, and federal warrants had
begun to multiply on charges of unlawful flight. Tahl's name was added
to the FBI's "Most Wanted" list on June 10, 1965.

Tahl's latest buddy, in St. Louis, was a teacher by the name of Marvin
Thomas. After several meetings, Tahl moved into Thomas's apartment,
watching from a distance as the FBI continued their pursuit across the
great Southwest. Come autumn, William's cash and self-control evaporated
simultaneously; on November 5 he bound his roommate, battered Thomas
with a sock containing buckshot, and coerced the teacher into signing
four $100 checks, made out to "J.D. Baxter." Leaving the apartment
shortly after 1 a.m., Tahl had no way of knowing that a neighbor had
already called police.

St. Louis officers arrived to rescue Thomas, listening as he related
details of his ordeal. They were still on hand then Tahl returned, but
they proved careless in allowing him to use the bathroom prior to making
the arrest. Emerging with a pistol pointed at himself, Tahl threatened
suicide, revealing his identity and startling police with details of his
several homicides. An hour and twenty minutes passed before he finally
surrendered and was carted off to jail, awaiting the arrival of the FBI.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories
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L&I Cops on line

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi All :) Here's something new you might be interested in looking at :)

Copsonline has hit the radio air waves on the Internet. Retro-rock.com
and Copsonline creator Mack Pettigrew have teamed up to create the
Retro-Rock Copsonline Show. This show can be heard on real audio and
seen on real video. All you need is the real audio player 5.0 which is
free at http://www.realaudio.com. 

Once you have the player you are on your way to
http://www.copsonline.com/retro-rock.htm where you can learn all about
the show and hear it live on real audio. This is a call in show in which
Mack with his co-host Tom Lucas will discuss policing issues, stories
and answer questions. 

This is the first show of its kind as it is on real audio live during
the week and live on 4 radio stations in British Columbia, Canada on
Sundays. The callers and listeners are from all over the world, as far
away as Australia and New Zealand. On the first Retro-Rock's Copsonline
show which aired Thursday 26 March 98 a record number of listeners tuned
in. Many of the listeners are police officers that join in on the fun.
This is a fun show with great chemistry between Mack and Tom. 

To get everything you need to hear the show and tune it in go to
http://www.copsonline.com/retro-rock.htm.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories
http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's

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Re: Is a Fetus a Person? /Bill [was L&I Any ideas or help would be appreciated]

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Linda :)

>From looking at this, in reality the child is not considered a person
unless it's born. I would assume alive. Thus if it's injured during a
beating of the mother and born DOA I would think there is nothing they
could do about it, unless they can show the child took one breath on
it's own. Then they could go after the person who beat the mother and
caused the death of the baby.

I know they tried this in a DWI case in San Diego, a young lady was
killed by a man who was DWI she was 5 1/2 mos pregnant, the DA wanted to
charge the man with the death or her and her child, but they weren't
able to. The mother died instantly they tried to save the baby, but they
couldn't, the baby never breathed on his own. So they could only charge
him with the death of the mother.

Section 43.1 seems to be the major thing, the child has to be born alive
in order for any charges to be brought.

Linda D. Misek-Falkoff, Ph.D., J.D. wrote:
> 
> "Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:
> 
> H Bill - I am having a bit of trouble finding Susan's post of the civil
> statute. Here are two relevant paragraphs I had clipped out, suggesting
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Vampire Killer

1998-03-27 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Sue :)

In answer to your question, those who are cannibals are given a private
cell, for obvious reasons. :) And nope he didn't cook his snack that
night, he didn't have the means to :) 

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Hi Kathy:
> 
> ROTFLMAO  How gross.It is funny though.  But I do tend to have a
> sick sense of humor.
> 
> I certainly hope he at least cooked the guy a little bit, don't want to
> get Samonella.  :(   I wonder if you could get Samonella from eating raw
> people meat.  (geeze the things that can go through ones mind)
> 
> Reminds me of the "Silence of the Lambs" movie.  :)
> 
> What do they do with these people anyway.  I know I certainly wouldn't
> be getting any sleep if I was stuck in a cell with one of them.
> 
> Sue
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Serial Killers

1998-03-28 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Steve :)

Here is some info on SK's, just remember I am by far NOT an expert on
this subject:

 Characteristics

1. "Killings are repetitive, occurring with greater or less frequency,
often escalating, over a period of time, sometimes years; and will
continue until the killer is taken into custody, dies or is himself
killed." 

2. "In common with 'normal' homicides, killings tend to be one-on-one."

These are usually broken down into:

 (1) crimes of passion - "committed during a moment of intense anger
 or frustration" 
 (2) "cold-blooded" murder - motive of personal gain 
 These can be done not only by single individuals, but also
 by couples, partnerships, and groups. 

3. "There is no (or very little) connection between the perpetrator and
the victim, the persons involved rarely being directly related" 

4. "Although there may be a 'pattern,' or 'victim trait,' individual
murders within a series rarely display a clearly defined or rational
motive." 

5. "Increasingly greater spatial mobility since the advent of the
automobile has enabled a killer, if he wishes, to move rapidly from one
place to another often before a murder has been discovered." 

6. "There is usually a high degree of redundant violence, or 'overkill,'
where the victim is subjected to a disproportionate level of brutality." 

   Motives

1. Visionaries - act in response to voices and are instructed by these
voices to perform the act of murder. These are used to justify and
legitimize the act. 

2. Missionaries - they think it is their responsibility rid society of
unwanted elements. 

3. Hedonists - kill because murder causes them pleasure 
   Lust Killers - kill for sexual gratification and the acts are
   usually sadistic 
   Thrill Killers - kill because of a desire of a "thrill" or   
   "experience" 
   Gain Killers - kill for personal gain - usually financial 

4. Power Seekers - kill for the desire to have control over the life and
death of others.

Patterns of Episodic Aggressive Behavior

   1. Ritualistic behavior 
   2. Masks of sanity concealing mental instability 
   3. Compulsivity 
   4. Periodic search for help 
   5. Severe memory disorders and an inability to tell the truth 
   6. Suicidal tendencies 
   7. History of committing assault 
   8. Hypersexuality and abnormal sexual behaviour 
   9. Head injuries; injuries suffered at birth 
  10. History of chronic drug or alcohol abuse 
  11. Parents with a history of chronic drug or alcohol abuse 
  12. Victim of childhood physical or mental abuse 
  13. Result of an unwanted preganacy 
  14. Product of a difficult gestation for mother 
  15. Unhappiness in childhood resulted in inability to find happiness 
  16. Extraordinary cruelty to animals 
  17. Attraction to arson without homicidal interest 
  18. Symptoms of neurological impairment 
  19. Evidence of genetic disorder 
  20. Biochemical symptoms 
  21. Feelings of powerlessness and inadequacy 

Defining a SK from a Mass Murderer or other Killer:

The United States of America gives rise to seventy-five percent of its
serial killers and the Federal Bureau of Investigations (FBI) expects
that, at this time, at least five hundred serial killers are loose on
the streets of America (DeWitt 3B). Serial killers are the most sinister
and malignant type of criminal, but to understand and stop present and
future ones, we must examine the psyche and reasonings behind some of
the most notorious, which often derives from a sexual inadequacy and a
need for attention. 

The serial killer is your neighbor; he kills one by one while living a
seemingly normal life in between murders (Cahill 6). To be classified as
a serial killer, the killer has to kill at least three people in
separate murders with a cooling off period between each murder. Usually
there is a sexual component to their murders; they want attention and
love to see themselves in the media's eye (DeWitt 1B). They follow a
"ritualistic pattern" by choosing a certain type of victim and they kill
them in a fashion which becomes all too familiar for investigators and
reporters. Serial killers kill only for the "psychological release" they
receive; the victim's terror is the addictive quality (1B). The majority
of serial killers are white males in their late 20s or early 30s and
they usually go on murderous uproars when their lives are at a low
point (1B). With access to interstates, subways and other means of quick
transportation, serial killers can move to and from the crime scene with
ease, which makes capture and detection very difficult (Methvin 36).
Serial killers can't psychologically tell the difference between an
inanimate object and a human being because they usually don't go through
the infant psychologi

L&I Welcome Diane

1998-03-28 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Diane and welcome to the Law list :) I hope your enjoying it here, if
you have any suggestions or ideas don't hesitate to ask :)
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories
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Re: L&I Serial Killers/Definition

1998-03-28 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Sue :)

Please look under the Subject of Serial Killers I just typed up some
things concerning them. Terry I'm going to address your post in the
morning it's now 4:15a.m. and I need to catch some sleep :) 

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Hi Kathy and Terry:
> 
> Wouldn't anyone who kills, no matter what the reason, a "series" of
> people be consider a serial killer.  Be it revenge, sexual, or
> otherwise.  Just wondering.  :)
> 
> Sue
> >
> > Hi Kathy,
> >
> > >As I said before I am by far not a expert on SK's I do know a bit about
> > >them though...
> >
> > Only a fool would question that. :-}
> >
> > >The extra Chromosome as you are discussing below may be a key into the
> > >cause of SK's, it's just not known yet. It would be nice if we could
> > >find out what causes it, and hopefully they can pin down some definite
> > >medical reasons.
> >
> > Understand the extra chromosome is still quite controversial and evidence is
> > mixed.  In the particular case of Shawcross it seemed even less implicated
> > than the other apparent genetic defect which seemed to be ignored except in
> > one dark corner.  I know of no evidence that all serial killers share any
> > particular genetic or environmental defect though many things are quite common.
> >
> > Shawcross varied from the profile of most serial killers in numerous ways.
> > This monster was really odd.  Examples:  His first killings were those of a
> > pedophile.  He would not have been expected to transfer his killings to
> > adult women.  He was capable of taking responsibility for his actions rather
> > than blaming the victim
> >
> > >Concerning Hoffman I agree he is not a SK, more of a exterminator out
> > >for revenge is what it looks like to me...
> >
> > Ummm - I looked up serial killer in a dictionary without success.
> >
> > >a SK has a very specific profile,
> >
> > Aren't you turning things upside down, Kathy?  If we take the profile of all
> > serial killers we will no doubt get common characteristics of many.  But
> > that does not define serial killers.
> >
> > >in that it's rare they will know their victims, and they get
> > >sexual gratification from the torture of their victims.
> >
> > Is Ted Kaczynski then not a serial killer?  Sexual gratification is a
> > nebulous concept itself.  It is arguable whether serial killers are simply
> > looking for sex or the sex is a means of gratifying an even more powerful
> > lust, e.g. that for power.  I am sure some will argue Ted Kaczynski got a
> > sexual thrill from his bombings.
> >
> > >Revenge at a victim is not something in the psych of a SK, now sometimes
> > >there is someone who the victims will represent, mother or grandmother, and
> > >that is how they will pick their victims.
> >
> > Seems to me revenge is an even more obvious motive of serial killing than
> > sexual thrills.  And Wayne Williams' murky motivation seems furthest removed
> > from all others I know of.
> >
> > I have never heard anyone deny Wayne Williams was a serial killer if you
> > assume his guilt (as I do).  The fiber evidence is quite convincing IMO.
> >
> > Understanding a phenomenon requires that one look at the edges and find
> > dividing lines as well as looking for commonality.
> > Best, Terry
> 
> --
> Two rules in life:
> 
> 1.  Don't tell people everything you know.
> 2.
> 
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Kathy E
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isn't looking too good for you either"
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Re: L&I Serial Killers/Definition

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Terry :) Some of this was answered in the post I did to Steve
concerning Sk's and such so I won't repeat myself here :) No use boring
the daylights out of everyone (G).

[EMAIL PROTECTED] wrote:
> >The extra Chromosome as you are discussing below may be a key into the
> >cause of SK's, it's just not known yet. It would be nice if we could
> >find out what causes it, and hopefully they can pin down some definite
> >medical reasons.
> 
> Understand the extra chromosome is still quite controversial and evidence is
> mixed.  In the particular case of Shawcross it seemed even less implicated
> than the other apparent genetic defect which seemed to be ignored except in
> one dark corner.  I know of no evidence that all serial killers share any
> particular genetic or environmental defect though many things are quite common.

I have seen some looking into this extra chromosome, and it does provide
some interest at least I am interested in this aspect, the possibility
is that may be the reason for some of them, I agree not all but some.
Yet we have to wait further medical evidence on this. I'm trying to
remember but didn't Gacy have this?  I vaguely remember a slight flurry
of excitement and media attention concerning a discovery about his
brain, it might have been something to do with an abnormality in his
brain though. I just can't quite remember though. 

> Shawcross varied from the profile of most serial killers in numerous >ways. This 
>monster was really odd.  Examples:  His first killings were >those of a pedophile.  
>He would not have been expected to transfer his >killings to adult women.  He was 
>capable of taking responsibility for >his actions rather than blaming the victim

I agree it's rare a SK will admit his guilt, usually they won't until
the end, as Bundy finally did among others. They have to much fun
playing the game with the LE people. Not all SK's will always fit the
exact profile, there is always going to be those who are different, as
Shawcross was. 

> >Concerning Hoffman I agree he is not a SK, more of a exterminator out
> >for revenge is what it looks like to me...
> 
> Ummm - I looked up serial killer in a dictionary without success.

I listed the various things to be considered a SK in another post. 

> >a SK has a very specific profile,
> 
> Aren't you turning things upside down, Kathy?  If we take the profile of all serial 
>killers we will no doubt get common characteristics of many.  But that does not 
>define serial killers.

There is a definition for SK's some tend to put mass killers with SK's
it's a common mistake, but a SK is a special breed on to its self. The
definition I supplied is the ones most commonly used. The term SK I
wouldn't be surprised if it wasn't in the dictionary yet, it's not a old
term but one that Robert K. Ressler started when he was with the FBI.
Some disagree he is the one that coined the phrase, yet most tend to
credit him with it.

> >in that it's rare they will know their victims, and they get
> >sexual gratification from the torture of their victims.
> 
> Is Ted Kaczynski then not a serial killer?  Sexual gratification is a
> nebulous concept itself.  It is arguable whether serial killers are >simply looking 
>for sex or the sex is a means of gratifying an even more >powerful lust, e.g. that 
>for power.  I am sure some will argue Ted >Kaczynski got a sexual thrill from his 
>bombings.

Ted is not a SK, for a couple of reasons, his intended victims, were
people he knew or had some sort of relationship with in the past, yes
some of the victims were not known to him, but the only reason that
happened is the packages were picked up them instead of the intended. He
was out for revenge and to get back at those he felt slighted him, he
was not killing for pleasure or the sort, he also did not do a one on
one killing as a SK does. A SK is there doing the torture/killing
themselves Ted was not. He himself made a new category in the criminal
files as the unabomber. 

> >Revenge at a victim is not something in the psych of a SK, now  sometimes
> >there is someone who the victims will represent, mother or grandmother, and
> >that is how they will pick their victims.
> 
> Seems to me revenge is an even more obvious motive of serial killing >than sexual 
>thrills.  And Wayne Williams' murky motivation seems >furthest removed from all 
>others I know of.

Most of the SK's I have looked into are sexually sadistic killers. The
most well known ones were. Wayne Williams was extraordinary himself,
first off for being black, that is rare, and second he had a hatred for
his own race.

> I have never heard anyone deny Wayne Williams was a serial k

L&I Female up for execution

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Judy Buenoano filled 13 years on death row writing letters and
crocheting blankets and baby clothes. As the clock ticks down to her
execution Monday, she waits in a cell a few feet from the electric
chair.

She seems a paradox: either a doting mother or a ruthless ``black
widow'' who drowned her 19-year-old paraplegic son, poisoned her husband
with arsenic and tried to kill her fiance -- first with pills, then a
car bomb. She might even have been the cause of her son's paralysis, and
is suspected in yet another poisoning death.

If her execution is carried out -- on what would have been her son's
37th birthday -- Ms. Buenoano, 54, will be the first woman executed in
Florida since 1848, when a freed slave was hanged for killing her
master.

Florida executed two killers on successive days last week. Ms.
Buenoano's execution was to be followed by the electrocution Tuesday of
Daniel Remeta, who killed a convenience store clerk in Ocala and was
linked to four other killings in a 1985 rampage that reached into 
Texas, Arkansas and Kansas.

Pensacola prosecutor Russell Edgar, who gave Ms. Buenoano the name that
has dogged her to this day, described her as a scheming, cold-blooded
killer.

``She's like a black widow -- she feeds off her mates and her young,''
Edgar said last week, repeating comments he made at her trial for her
son's 1980 drowning.

She collected about $240,000 in insurance money from the deaths of her
husband, son and a boyfriend in Colorado.

``It does appear the motive was twisted greed,'' Edgar said.

Ms. Buenoano's husband of nine years, Air Force Sgt. James Goodyear, was
37 when he died of arsenic poisoning in 1971. That was just three months
after he returned from a year's tour in Vietnam.

Her partially paralyzed son, Michael Goodyear, 19, was wearing leg and
arm braces when his mother pushed him out of a canoe in the East River
near Pensacola in 1980.

But suspicions weren't aroused until after a 1983 car  bombing in
downtown Pensacola. Her fiance, John Gentry, survived the bombing and
told detectives she had given him ``vitamins'' that made him sick.

She was sentenced to 12 years for the bombing, and Gentry's tale started
investigators on the path that led to discovery of her other crimes.

In 1984, Ms. Buenoano was convicted of killing her son and sentenced to
life. And the next year, she was convicted of killing her husband and
condemned to death.

On top of those convictions, she was suspected but never charged in the
1978 arsenic death of Bobby Joe Morris, a boyfriend in Trinidad, Colo.

She continues to deny any role in the deaths of Morris and her husband.
And in television interviews in the past week, Ms. Buenoano said her
son's death was a terrible accident, not murder.

``I suffered over it and I feel responsible for his death. ... It was an
accident,'' she told NBC.

Edgar said she gave four different versions of how Michael died: a snake
fell into their canoe and it overturned; the canoe hit a log; he was
decapitated by a  boat propeller; he died as a result of Army chemical
warfare.

``It wasn't an accident. The guy was paralyzed,'' Edgar said. ``He had
15 pounds of braces on his legs without a life jacket. He was taken up
the river in a canoe and basically pitched out.''

Authorities also believe she was responsible for more than Michael's
drowning. His crippling illness had developed after he returned home
from the Army, and an autopsy eventually found traces of arsenic.

``She put that boy through a lot before she killed him,'' said Pensacola
detective Ted Chamberlain. ``She poisoned him to make him paraplegic.
And then the guy ain't home from the hospital for 24 hours before she  
drowns him.''

Chamberlain plans to witness the execution. ``A person this cruel really
needs to get what she deserves,'' he said.

The Florida Supreme Court last week dismissed Ms. Buenoano's appeal.

`If they would allow me, I would pull the switch myself,'' bombing
survivor Gentry told Fox News. ``There are people that are so evil that
they really don't need to be amongst civilized people. She preyed upon
people that loved her.''

But Ms. Buenoano's daughter, Kimberly Hawkins, 30, a waitress in
Navarre, steadfastly believes in her innocence.

``She did things with us,'' she has told The Associated Press. ``She
worked a lot ... but she always made time for us.''

Only two women have been executed in the United States since the U.S.
Supreme Court lifted its ban on capital punishment in 1976. North
Carolina executed Velma Barfield in 1984 for poisoning her boyfriend;
Texas executed Karla Faye Tucker on Feb. 3 for hacking a man and woman
to death with a pickax. Barfield and Tucker died by injection.
--
Kathy E
"I can 

L&I Another woman gets the DP

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A woman convicted of brutally murdering an elderly man is joining a
handful of women on death row in Texas.

Brittany Marlowe Holberg was sentenced Friday night to death by lethal
injection following her March 13 capital murder conviction in the death
of A.B. Towery on Nov. 13, 1996.

The murder occurred after Holberg went on a crack cocaine binge.

When the 25-year-old heard her sentence, she gasped ``Oh My God,'' and
collapsed on her attorney.

An autopsy showed Holberg beat 80-year-old Towery about the head, then
stabbed him 58 times before shoving a lamp stand about 5 inches down his
throat.

After deliberating 11 hours, the jury decided she constitutes a
continuing threat to society, so 25lst State District Judge Patrick
Pirtle sentenced Holberg to death.

Guards escorted the woman from the courtroom, but she returned minutes
later.

Holberg's family and friends were overcome with tears, too, but Towery's
son, Russell Towery, said he was happy with the outcome.

At trial, Holberg testified that Towery became angry when he found her
crack pipe and smacked her twice in the back of the head.

At one point in the struggle, she ``lost it,'' she said, and fatally
attacked Towery.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Welcome back

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi all please Welcome Ron back to the law list :) Ron I hope you enjoy
your stay here among friends and debaters :)
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Message from ESOSOFT

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi All If you have noticed a drop off in the law list here is why:


Thank you for your message.  Yes, the Majordomo.net server has been in
trouble for a little more than 24 hours now.

Our technicians are working around the clock to resolve the situation.

The main problem is that the ISP where the server is hosted has made
some major configuration changes - without notifying us first.  We can
do nothing to alter their configuration changes, except to send them
e-mail after e-mail asking for assistance.  However, we are working on
ways "around" the new configurations while we wait for the ISP to
respond.

Unfortunately, we are now into a weekend and do not know if we should
expect a response until Monday.

This current problem, in addition to the problems of the last few
months, have prompted us to begin a plan to switch servers and ISPs. 
This does not, unfortuantely, happen overnight.  This is a major step -
but within a few months we will have all servers housed in new homes in
an effort to resolve the current problems with the current ISP forever.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Steve in ICQ

1998-03-29 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jackie :)

I just readded you under your new number to my list, I'm waiting for you
to authorize it :)

Jackie Fellows wrote:
> 
> Jackie Fellows <[EMAIL PROTECTED]> writes:
> 
> Hi Steve and other ICQ users.  I went on ICQ just now and find I have a new ID.
> It is 10177242.  Ed, the phantom, is at it again.  Don't know the nick yet.
> Will have to see what he has done so I can use again.
> 
> jackief
> 
> Steve Wright wrote:
> 
> > Steve Wright <[EMAIL PROTECTED]> writes:
> >
> > Steve Wright ICQ Number 7914327
> >
> > english pup
> >
> > Hi everyone I don't know if any of you use it but my ICQ number is above, if
> > you'd like to get in touch etc.
> >
> > Steve
> >
> > ===
> > As big bird spreads the word, anybody with a heart votes love.
> > - Fluke.
> > ===
> >   PERSONAL EMAIL TO: [EMAIL PROTECTED]
> >
> > Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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> 
> --
> In the sociology room the children learn
> that even dreams are colored by your perspective
> 
> I toss and turn all night.Theresa Burns, "The Sociology Room"
> 
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Kathy E
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isn't looking too good for you either"
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L&I Jones: Verdict

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Rico Jones was found guilty of 5 counts of first degree murder. Full
summary to follow.
--
Kathy E
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isn't looking too good for you either"
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L&I "Black Widow" Executed

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


So where's the outrage? Where was the press? Why no interviews on TV?
This lady had the same criteria as Tucker did, oh except for one thing
she wasn't as young or as pretty. Is that what a women needs to get
those against the death penalty to notice her? I'm sure some will
disagree with me strongly, but in this case the actions of the silent
speak a lot louder than the words of those after the fact.

Fifty-four-year-old Judy Buenoano, known as the "Black Widow," was 
executed in Florida's electric chair Monday morning for poisoning her  
husband in 1971. 

"The prisoner was pronounced dead at 7:13 a.m. EST (1213 GMT)," said   
Rhonda Horler, a prison spokeswoman who witnessed the execution. "She
made no final statement." 

Buenoano, who was given the nickname by a Florida prosecutor who said
she preyed off her mates and her young, was the first woman
executed in Florida since 1848, and the third executed in the United   
States since the U.S. Supreme Court reinstated the death penalty in   
1976. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Sometimes indifference means death for another

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


This story is appalling to me, to think people were so indifferent to
what they were watching, to not even to bother to pick up a phone and
dial 911? Pathetic. I hope they can look themselves in the mirror
without shame, I know I wouldn't be able to.

People watched from the safety of their high-rise apartments before dawn
Sunday as four men beat a taxi driver to death and dumped his body in
the trunk of the cab, investigators said. 

"Eye witnesses saw him being beaten and dragged by his feet and thrown
in the trunk, but no one called 911," said Detective Virginia Lopez.
"It's disgusting." 

The apartment manager said the unidentified victim may have been
killed over a parking space. 

Police were summoned to the area when the victim's friend called police
from a nearby convenience store and said the two were being robbed and
beaten by four men. Officers then searched near the apartments for the
driver while neighbors watched from their windows, Lopez said. 

"They didn't tell police the body was in the trunk," Lopez said. Only  
when police went door-to-door did residents start talking -- nearly an 
hour later, Lopez said. The man might have lived if police had found  
him earlier, she said. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Williams: Followup

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Jacqueline Williams was the women who was recently convicted of
murdering a women then killing her two children so they couldn't
identify her, and finally cutting open the mother to steal her unborn
child. The jury recommended the DP for her. Here is a follow-up story on
the case.

The jurors who recommended the death penalty for a Schaumburg woman on
Friday in a particularly gruesome murder case had a rough time of it. 

"Just the way the crimes were done would affect anybody that was human,"
DuPage County juror Susan Ryan said outside the courthouse after the
sentencing. 

Jacqueline Annette Williams, 31, was convicted one week earlier in 
the 1995 murders of two children and their pregnant mother, whose 
full-term baby was cut from her womb. 

Prosecutors said Williams, who had been pretending to be pregnant,
masterminded the killings because she wanted Evans' unborn baby. 

Public defenders had argued that Williams participated in the killings
because she was afraid of her boyfriend and co-defendant, Fedell Caffey. 
--
Kathy E
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isn't looking too good for you either"
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Serial killer was Re: L&I Re: law-issues-digest V1 #756

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Vi :)

No problem :) I finally figured out a way to keep kind of caught up on
the list! Quick easy answers are done right away, the long ones which
require a lot of work on my part I'll hold until the weekend where I
have a lot more time to do them :) 

Just remember that report is only a brief overview of SK's and what we
know of them, there is much more detailed information, I recommend
people real Robert K Ressler's books if they are interested in SK's. You
can't go wrong with him IMHO.

Viola Provenzano wrote:
> Hi Kathy,
> 
> Thank you for this excellent report which I have saved, The
> characteristics certainly seem to fit many of the serial killers I have
> read about - the Ripper, Sutcliffe, Zodiak, Bundy, Bittiker, Boston
> Strangler,  the Russian cannibal who garnered his victims in a railway
> station, various freeway killers, etc.
> 
> Most of us are lucky that these monsters are so few population-wise that
> we simply do not encounter them as children or adults.  Otherise, our
> faces too would now be on miilk cartons, for who coud outwit such evil?
> 
> Vi
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Jones: Verdict summary

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


After two hours of deliberations that began on late Friday, Reco Jones
was convicted of five counts of first-degree murder in the brutal
slayings of his ex-girlfriend Yolanda Bellamy, her two sons, and her
niece and nephew. Jones' conviction did not come as a surprise,
especially after his bizarre behavior during his testimony last Thursday
where he openly argued with his attorneys and alluded to "script" he
followed when he gave his account of the murders. 

Prosecutors claimed that Jones, 23, killed Bellamy in a rage after she
told him that she was pregnant and refused to have his baby because he
was not a "real man." Jones then killed Bellamy's sons, Nathan Burns,
Jr. and Nathan, III, and Bellamy's niece and nephew, Shafontah and
Delvontay, when they walked in on the altercation between him and
Bellamy. The young victims were no older than five years old. 

Jones's defense said that police arrested the wrong person and claimed
that Maliaka Martin, one of Jones's ex-girlfriends and a sexual rival of
Bellamy, killed the five victims. 

Reco Jones was unemotional as the sentence was read. Although there was
high tension between relatives of Jones and Bellamy during the trial,
the court remained silent once the verdict was announced. Jones could
face life in prison when Judge Kym Worthy sentences him on April 17. 

Notes from jury and attorney interviews, Reco is lucky that MI does not
have the DP, the jury when asked said if they had the DP they would vote
for him to get it without a moment's hesitation. Reco's attorney said
his biggest problem was trying to overcome the evidence in the case. As
it was discussed on CTV and something I agree with, Reco would have been
better off to strike a plea instead of going to trial, yet he wanted to
go to trial thinking he might be able to lay the blame elsewhere. Now he
found out he was wrong.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Johnson: Friday summary

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Most of Friday's testimony focused on character witnesses for Travis and
Cheryl Miller, the parents of the deceased Jasmine Miller, and they all
said that the Millers seemed like a happy family. In addition, these   
witnesses said, Jasmine seemed like a healthy, happy baby before her
tragic death. The prosecution had to put these witnesses on due to the
fact the defense is trying to say the parent's are the ones who abused
Jasmine and not Johnson.

Baby Jasmine's pediatrician, Dr. Robert Gardner, said that the infant
was normal and healthy shortly before her death and that she did not
suffer from any deformities or growth and development problems. Dr.
Gardner also testified that he never saw any signs of child abuse on
Jasmine during his examinations. Imara Swenson, Crystal Miller's
co-worker at the time of Jasmine's death, and Teresa Elmore, Crystal's
supervisor, both said that the Millers appeared to be a happy couple and
Jasmine a smiling, normal infant. Both Swenson and Elmore said Travis
and Crystal were also responsible young parents. Another friend of the
Millers, Johnny Gaines, supported the testimony of Swenson and Elmore
but also said that shortly before his daughter's death, Travis said that
he was considering looking for another caregiver for Jasmine. 

The most emotional testimony of the day came from Jose Oliveras, an
emergency room technician who witnessed Crystal Miller's reaction when
she learned that her daughter had died. Oliveras said that a sobbing,
shrieking Crystal was crawling on the floor, crying, "Please don't tell
me my baby's dead!" When Crystal saw Jasmine, Oliveras said, she held
her and apologized for not finding a new caregiver for her. Crystal
apologized to her dead child for not getting her away from Suzanne
Johnson. 

According to Oliveras, Travis Miller also clutched Jasmine when he
arrived at the hospital and wept silently. Eventually, Crystal persuaded
him to call their relatives to tell them the tragic news. 

The emergency room doctor who treated Jasmine on the day she died, Dr. 
Cynthia Hoecker, testified that based on the bruises she noticed on the
infant and head trauma, she was highly suspicious that Jasmine may have
been abused. The doctor had been told that Jasmine had choked on her
baby food and stopped breathing. Dr. Hoecker also said that Jasmine's
injuries were inconsistent with the other cases of babies choking on
their baby food. (According to another witness, police officer James
Boyd [who also responded to Johnson's 911 call], Johnson told him that
Jasmine had choked on her food.) In addition, she had not personally
seen a case where a baby dies from falling out of a high chair. Dr.
Hoecker, who broke the tragic news to the Millers, later wrote them a
letter saying she suspected abuse was the cause of Jasmine's death. 

Carolyn Gain, a paramedic who treated Jasmine at Johnson's house and on
the way to the hospital, said she found no obstruction in Jasmine's
throat, despite Johnson's report that Jasmine was choking on something.
Gain said Jasmine was beyond a certain revival point and attempts to
resuscitate her failed. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I COTD: Lupo, Michael

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A former choir boy in his native Italy, Lupo discovered his homosexual 
tendencies while serving with an elite military unit in the early 1970s.
Commando training taught him how to kill bare-handed, and he took the
lessons with him when he moved to London, in 1975. Starting out as a
hairdresser

Lupo worked his way up to ownership of a stylish boutique, buying
himself a $300,000 home in Roland Gardens, South Kensington. Along the
way, he boasted of liaisons with some 4,000 male lovers, recording the
intimate details in numerous journals. The payoff for promiscuity
arrived in March 1986, with a positive diagnosis of AIDS, after which
Lupo apparently ran amok, indulging his taste for sadomasochism in a
violent campaign of revenge against the gay community.

On March 15, 1986, 37-year-old James Burns was prowling leather bars in
search of a companion for the night, undeterred by his own diagnosis of
AIDS two weeks earlier. Vagrants found his body in a London basement,
mutilated with a razor, sodomized and smeared with excrement, his tongue
bitten off in the frenzied attack that took his life. Three weeks later,
on the afternoon of April 5, AIDS victim Anthony Connolly was found by
children playing in a railroad shed, his body slashed and smeared with
human offal in a carbon-copy homicide.

Lupo was leaving a gay bar, the night of April 18, when he met an
elderly tramp on Hungerford Bridge and something inside of him suddenly
"screamed out at the world." Assaulting the stranger, Lupo kicked him in
the groin and strangled him on the spot, afterward dumping his body into
the Thames. The following day, Lupo met Mark Leyland at Charing Cross,
and the men made their way to a public restroom for sex. Once there,
Leyland changed his mind, whereupon Lupo produced an iron bar and
attacked him. Escaping with his life, Leyland reported the incident as a
mugging, later telling the truth to police after Lupo's arrest. (He has
since disappeared.) Victim Damien McCluskey was last seen alive, in a
Kensington tavern, on April 24, 1986. His body, strangled, raped, and
mutilated with a razor, was discovered some time later in a basement
flat.

On the night of May 7, Lupo picked up another gay partner, attempting to
strangle him with a black nylon stocking, but once more his prey
escaped. This time, police received a full report, the victim touring
gay bars with an escort to identify the culprit, finally spotting Lupo
on the night of May 15. A search of Lupo's home revealed one room
converted to a modern torture chamber, and his confiscated diaries were
reported to contain the names of many prominent connections. Convicted
at his trial in July 1987, Lupo received four life sentences and two
terms of seven years each (for attempted murder), with the judge's
assurance that in his case, "life meant life." At this writing,
Interpol is double-checking mutilation deaths in Amsterdam, West Berlin,
Hamburg, Los Angeles and New York City, seeking connections with Lupo
and his various trips abroad.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I "Black Widow" Executed

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Terry :)

Well she won't be confessing since they executed her this morning. Yet I
did see "The New Detectives" profile her bombing case and I was
convinced by the evidence that she did it. I am just surprised how
silent people were about this case. Both her and Tucker claimed to have
found God, both of them taught religion in prison, yet no one was
interested in taking up her cause. Now her son dying the same day he's
released to her, well it doesn't take a rocket scientist to figure that
one out LOL and I personally thought the DA who prosecuted her needed a
bit more of a imagination, it seems they always call female killers
"Black Widows", it gets rather boring hearing the same phrase when
talking about female killers.

The Supreme Court denied her appeal last week.

[EMAIL PROTECTED] wrote:
> No, Kathy, she needs a name everyone can remember and pronounce.  People
> don't love black widows.  She needs to confess and stress her religious
> conversion and that she teaches Bible classes.  She must not talk about
> evidence or innocence.  Who wants to hear that dry stuff?  Certainly not
> courts.  They are supposedly still examining the evidence according to her
> lawyer.
> 
> A lawyer needs PR skills.  Forget the evidence.  That is immaterial.
> 
> It takes a great leap of faith to believe all the incredible coincidences.
> But who cares about that stuff?
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Gun Ownership As a Deterrent?

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Most likely they'll say it's a coincidence or a fluke. Crime went down
in Houston also when they legalized guns. Yet again people don't like
acknowledging that. 

Ronald Helm wrote:
> 
> "Ronald Helm" <[EMAIL PROTECTED]> writes:
> 
> Kennesaw, Georgia:  having passed a city ordinance requiring every
> >household to own a gun, the town saw a 70% drop in violent crime within
> >twelve months, and has not had a single rape or murder since 1984.  In
> >the words of the study, citizen gun ownership makes "crime. . .a risky
> >business indeed!"
> 
> How do the liberal gun-control advocates argue with the statistics?
> 
> Ron
> 
> Women have their faults. Men have only two.
> Everything they say. Everything they do.
> [EMAIL PROTECTED]
> 
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--
Kathy E
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isn't looking too good for you either"
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Re: L&I Jones: Verdict

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Ron :) 

We've been following this case since it started, I called his testimony
the day of Perry Mason, the only thing he didn't do on the stand was
confess LOL His sentencing is April 17th. 

Ronald Helm wrote:
> 
> "Ronald Helm" <[EMAIL PROTECTED]> writes:
> 
> >Rico Jones was found guilty of 5 counts of first degree murder. Full
> >summary to follow.
> 
> Rico Jones made the worst witness that the talking heads had ever seen in
> their combined 60 years of defense work.  He claimed that his cross
> testimony was from a script ( which he showed to the viewing audience), he
> abandoned his script midway through cross examination, then he
> unsuccessfully invoked the Fifth amendment ( soon to be admonished by Worthy
> that once a defendant had been examined under direct, he could not invoke
> the Fifth under cross examination ). When is the sentencing?
> 
> Women have their faults. Men have only two.
> Everything they say. Everything they do.
> [EMAIL PROTECTED]
> 
> >--
> >Kathy E
> >"I can only please one person a day, today is NOT your day, and tomorrow
> >isn't looking too good for you either"
> >http://members.delphi.com/kathylaw/ Law & Issues Mailing List
> >http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories
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> >
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> 
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--
Kathy E
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isn't looking too good for you either"
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Re: L&I Sometimes indifference means death for another

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Doc :)

I thought of her immediately when I read this story, and the other lady
who was beat by the man on the bridge, after he tore all of her clothes
off, then she jumped off the bridge to get away, and a whole group of
people watched. You can't help but wonder wouldn't they want help if
they were the ones being attacked? I would think so. I just can't
understand how anyone can stand by and watch something like this happen.

DocCec wrote:
> Remember Kitty Genovese?  Nothing much has changed, has it?
> Doc
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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DP for women was Re: L&I legalization and decriminalization?

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


I'm not sure why this is even under this header I didn't post it there.
Vi I strongly disagree with you. You can't have one punishment for one
gender and not the other. What you have basically said here is that the
DP's okay for men and not women, Well I could never agree with that. No
matter who you are or what gender you are if you do a criminal act you
best be ready to face the ultimate punishment if it is handed down.

To say just because someone is a women means they shouldn't get the DP
is outrageous to me. BTW I have a feeling their victims sure didn't
think the women was the kinder gentler gender when they were dying. If a
women thinks she can ignore the laws and kill whoever she wants, she
should get the DP as any man would. 

What next? Do you propose only men be tried for murder, rape, incest,
pedophiles, child abuse? That we let the women off since they're
supposed to be the gentler sex? Well it looks like to me some women
forgot to read that book on being kinder and gentler, since they have
done all they could to show they are exactly the opposite of what you
say. You have put a stereotype on women and based your feelings on the
stereotype instead of reality IMHO.

Viola Provenzano wrote:
> 
> [EMAIL PROTECTED] (Viola Provenzano) writes:
> 
> Hi Kathy,
> 
> I have grave misgivings about the State killing women, even conniving,
> grasping, selfish ones like Mrs. Buenoano.  Her actions against her
> husband and son were no impulsive teenage rampage, but the deliberate
> diabolical plot of a woman who coldly murdered the members of her family
> for money,  Nevertheless, I believe that the use of capital punishment
> against the normally "gentler" sex brutalizes society.
> 
> If we aren't careful, we could easily regress to the days of puiblic
> hangings and drawing and quartering.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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talk shows was Re: L&I Re: law-issues-digest V1 #748

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


HI Doc and all :)

Only believe about 10% if that much of what you hear on the talk shows.
A lot of them are actors having a ball lying their rears off. It's been
revealed time over time that the guests weren't "real" people. Not all
of them are fakes but a lot of them are. At least from what I have seen,
I know one of the news shows did an investigation into this and it was
quite humorous. They showed this one man on Oprah, Springer, and Rivera,
he had a different problem with each program! I was LMAO. They then
interviewed a group of them and they basically said, they thought it was
fun to do the talk show circuit, plus they got a free hotel and limo
service, and they had a good time. Of course they said the host/hostess
wasn't aware they were lying.

I also stopped watching the shows, heck If I want to watch some nobody
lie to me, I can just go read the newsgroups on the net (VBG).

DocCec wrote:
> 
> DocCec <[EMAIL PROTECTED]> writes:
> 
> In a message dated 98-03-30 17:47:06 EST, you write:
> 
> << Somebody ought to get the word to the police about the hordes of  mature
>  men on Jerry Springer's show who are impregnating fourteen year old girls
>  without being arrested, much less convicted.  In one case an old man
>  married his own daughter.
>   >>
> Hate to sound Densa, but I don't watch the show -- is this in the script or in
> real life?
> Doc
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Sometimes indifference means death for another

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Terry,

Well I see a major difference in your situation and the others we have
been talking about, you were obviously in shock, just you saying it
comes in bit's and pieces to you tells me that. Yet I do not see the
people who were watching this as being in shock, rather they were in the
"I don't want to get involved" mode, heck they didn't even tell the
police where the body was when the police were searching for him.

People don't do acts to become hero's they aren't even thinking of that,
they are mainly trying to help another in distress. These people decided
it was more entertaining to watch the show. It doesn't take a hero to
help another, it just takes common decency and respect for human life.
The press and media labels hero's, most of us look at a situation
knowing we would have helped if we could. Would it have taken a hero to
save this man? No, it would have only taken a 911 call.

It's easy to try to come up with an excuse on why no one did anything,
but the truth is they watched a man beat to death and there is no excuse
for that.

[EMAIL PROTECTED] wrote:
> Hi Doc and Kathy,
> 
> We all have the identical reaction.  And yet why are all those people so
> different from all 250 million of the rest of us?
> 
> This is not exactly a story of great pride.  When I was on a bus bombed by
> the Viet Cong I watched one man - a Sgt. Sullivan - helping those who were
> the most severely off the bus.  I remembered then and now everything in
> flashes.  I was as helpless to lend a hand as I was not to panic at the
> instant of the explosion.
> 
> The sergeant was an alcoholic who was later booted out of the service in
> disgrace through my own intelligence office because he tried on his own to
> show the operation of the black market with military supplies.  He did that
> and it cost both him and the man he caught their careers in lieu of courts
> martial.
> 
> I don't know if heros are just made that way or not.  Surely I would have
> called the cops just as I would at least help the wounded next time.  Hell
> everybody would.  There was no next time for me just as there will not be
> for the cab driver and the spectators in the buildings anymore than for
> Kitty Genovese.
> 
> It's easy to point fingers at times of incredible shows of cowardice and
> indifference.  We would never be like that.  Not one of hundreds of millions
> of us.
> Best, Terry
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Gun Ownership As a Deterrent?

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Steve,

I tend to think so. Common sense also comes into the reasoning, if
someone is going to break into a house which will they choose? The one
where they know the owner has a gun or where they know the owner
doesn't? Of course they're going to go to the house free of guns. No use
risking getting shot when they can go to another area and accomplish the
same thing with less chance of being harmed.

Steve Wright wrote:
> Thats really interesting coming from a country with little gun ownership
> (just sport and drug dealers), do you think that violent criminals just do
> there business elsewhere?
> 
> Steve
--
Kathy E
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isn't looking too good for you either"
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L&I Welcome Jamez

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jamez and welcome to the Law list :) I hope your enjoying it here :)
If you need any help or assistance please don't hesitate to ask :) 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Re:

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jamez :)

Well I can't agree with you here. First off there are medical uses for
marijuana. The relief it offers to cancer patients and those with MS and
arthritis is unbelievable. And now some states are finally realizing
that there is a use for it where it can help people instead of just
taking it to get "high". 

I don't think our government is always out to protect the people as you
say, sometimes they're out to protect themselves. Now I don't take any
drugs and I don't drink alcohol so I wasn't high/drunk when I came to my
conclusions, matterfact I don't like drugs, but I also am not blind and
realize there are benefits of some drugs. Marijuana is not addicting
physically, yet you could argue it's addicting mentally. I do suggest
you do a bit of research and you will find that yes marijuana does help
medical patients, not everyone is a druggie that uses it.

BTW alcohol causes more physical damage to a person and more deaths than
marijuana so why does the Gvt allow that to be legal if it's supposedly
out to protect us?

Jamez wrote:
> 
> [EMAIL PROTECTED] (Jamez) writes:
> 
> The whole concept of legalising Marijuana here in the states is
> absurd!  The people who are "pro-cannabis" contend that Marijuana causes no
> physical harm to the human body, and that the drug may also serve as a
> "painkiller".  This argument was obviously thought up while they were high!
> If there is no proof of the defects Marijuana causes, then why else would
> the governement outlaw the drug in the first place?  The government must
> have some reason to make marijuana illegal, or else their actions would be
> unjust to American citizens.  One of the primary functions of our
> government is to provide society with protection, and outlawing marijuana
> completes this purpose. Suppose a person abuses Marijuanahe/she smokes
> about ten joints a day.  This abuse will inevitably have an effect on the
> human body, causing the person to get "high". During this ultimate "high",
> the person is much more apt to cause danger among others (as well as to him
> or herself), but thanks to our government, people are prevented from doing
> so.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Update -- Ruthann Aron trial

1998-03-30 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Has the holdout told anyone why they couldn't vote for conviction?

DocCec wrote:
> 
> DocCec <[EMAIL PROTECTED]> writes:
> 
> After three weeks of trial and five days of deliberation, this finally ended
> today in a mistrial.  Jury was 11-1 for guilty, but couldn't convince the
> holdout.  Pros says they will retry, but time will tell.
> I'm sorry to see the end of the only thing that has managed to keep the
> Lewinsky nonsense off the evening news for five blissful days!
> Doc
> 
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--
Kathy E
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isn't looking too good for you either"
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L&I Johnson: 30 March summary

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A California jury heard defendant Suzanne Johnson's accounts of how
six-month-old Jasmine Miller died while in her care for the first time
-- through an audiotape and videotape of her conflicting statements
given to police. 

In her first interview given to police after Jasmine died at the
hospital, Johnson first claimed that the baby had choked on baby food
and stopped breathing. But then she changed her story during the second
interview and told investigators that Jasmine had fallen out of the high
chair and hit her head. Johnson also mentioned that the baby had been
crying and had difficulty taking her formula. 

Tomorrow, jurors will hear another interview that police conducted with
Johnson after Jasmine's death, where they confront her with the autopsy
findings, and she changed her story. Johnson reportedly changes her
story again telling police that she put Jasmine in her highchair but as
she bent down to pick up an object off the floor, she accidentally
hokked her arm in the chair. Jasmine, said Johnson, went flying out of
the chair onto the floor. The prosecution hopes to use Johnson's various
statements to show that she lied in an atempt to cover up her crime. 

Before jurors heard Johnson's statements, assistant medical examiner
Terri Haddox, who performed the autopsy on Jasmine Miller, was brought
to the stand. Haddox said that Jasmine suffered two head fractures that,
in her opinion, were caused by a single action. The doctor said that
based on the extent of the injuries, Jasmine's fractures were not caused
by an accidental fall, but rather a willful strike to the head. Haddox
also testified that she doubted that Jasmine fell out of a high chair
because she suffered injuries mostly to the back of her skull. If
Jasmine had fallen out of a high chair as Johnson claimed, Haddox said,
the injuries would have occurred mostly to the front of her head. 

Haddox also disagreed with prior state witness Jan Leestma's opinion
that Jasmine suffered from a pre-existing head fracture. The doctor
believed that Jasmine's injuries were inflicted the day she died,
sometime between 11:30 a.m. and 3:09 p.m. When confronted with her
conflicts with Dr. Leestma by the defense during cross-examination,
Haddox stood by her testimony, saying that doctors can have different
opinions about injuries. She also pointed out that, unlike Dr. Leestma,
she examined the baby's injuries when they were fresh. (Dr. Leestma
based his opinions on photos of Jasmine's injuries.) 

Later during the trial, defendant Suzanne Johnson is expected to take
the stand and explain the inconsistencies in her statement to police. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Woman and crime was Re: L&I legalization and decriminalization?

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Vi first and foremost, watch your subject lines, I changed the first one
and now I see you put it back under the legalization subject. Please
post your replies under the proper subjects. 

Well it's a circle we're running in here Vi, their punishment is brutal
but so is their crime, so stopping the punishment is not going to stop
the crime. If anything it will show others they can do it and not worry
about punishment. Our laws are quite blunt, there is no hidden agenda in
them, quite simply they say if you do the crime you may pay with your
life. It's a risk they all take, and it's not something they are naive
about. I have yet to see anyone say they didn't know they could get the
DP for murder.

Just due to the fact more of one gender commits a crime does not mean
only they should receive the ultimate punishments, btw if you check
crime statistics you'll see women are catching up in leaps and bounds
with men concerning criminal activity. Question for you, more women than
men kill their offspring, so should we not give the men a lighter
punishment than the women, since this is more of a female crime? We can
not base punishment on gender, it's wrong and discriminatory.

Concerning woman in combat, it's something I thought of over the years,
I do think a women should have at the very least a choice of fighting, I
would prefer it that gender was not involved in this decision, women can
and do fight just as well as men, if not worse than men when it comes
down to the nitty gritty. Yet again as you have shown people get caught
up in stereotypes. I don't believe that females are made out of sugar
and spice and everything nice or that men are made out of snakes, and
snails and puppy dog tails.

We all make choices and we all must live with the consequences of our
choices, if we decide to murder someone we must be prepared to pay with
our own life.

Viola Provenzano wrote:
> 
> [EMAIL PROTECTED] (Viola Provenzano) writes:
> 
> Hi Kathy,
> 
> My point was not that the women involved in these gruesomw murders
> deserved anything better than they got, but that such acts further
> brutalize society to the point we are on the verge of killing even our
> children in lethal chambers.
> 
> And there are far, far more men committing horrible crimes than there are
> women committing them.  Crime among males is so common that I'm not sure
> we can afford not to execute some of the worst offenders for our own
> protection.
> 
> Women can also fight with men shoulder to shoulder in combat, but again I
> call upon my own gender bias to say I hate to see them on the front lines
> in a war.  For one thing men are much better fighters.  Most women
> realloy are the gentler sex.
> 
> These are just one woman's opinion.
> 
> Vi
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I COTD: Mullin, Herbert

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Born at Salinas, California, in April 1947, Mullin was the son of
Catholic parents, reared by his devout mother in an atmosphere that his
own father regarded as oppressively religious. Still, Herbert seemed
normal through his teens, participating in high school athletics and
winning the class vote of confidence as "most likely to succeed." The
June 1965 death of Mullin's best friend, in a car crash, appeared to
change everything, producing a sudden and startling shift in Herb's
personality. His bedroom was transformed into a shrine, with furniture 
arranged around the dead boy's photograph, and Mullin warned his
girlfriend that he might be turning gay.

By February 1969, Mullin seemed obsessed with Eastern religions, his
family noting that he had become "more and more unrealistic" in daily
behavior. A month later, they persuaded him to enter a mental
institution, but he refused to cooperate with psychiatrists and was
released after six weeks. October found him in the depths of full-blown
paranoid schizophrenia, exacerbated by continuing use of marijuana and
LSD. Mullin heard "voices," commanding him to shave his head or burn his
penis with a cigarette, and he obeyed their every order. Briefly
returned to the hospital, he began writing letters to dozens of total
strangers, signing them, "a human sacrifice, Herb Mullin." An   
ill-advised visit to Hawaii, in June 1970, resulted in Mullin's
cmmitment to a mental institution there. Back in Santa Cruz, his odd
behavior led to conflicts with police, and his problems were not erased
by fifteen months of hiding out in cheap San Francisco hotels. By the
time he came home again, in September 1972, the disembodied voices were
commanding him to kill.

On October 13, 1972, while driving aimlessly through the Santa Cruz
mountains, Mullin spotted elderly transient Lawrence White. Pulling his
car to the side of the road, Mullin asked White to help him with some
"engine trouble," then beat the old man to death with a baseball bat and
left his body where it lay. Eleven days later, he picked up co-ed Mary
Guilfoyle, stabbed her in the heart, then disemboweled her, scattering
her organs on the shoulder of a lonely road, where skeletal remains were
found in February 1973. On November 2, Mullin spoke too freely in the
confessional at St. Mary's Church, fatally stabbing Father Henry Tomei
in a bid to protect himself from exposure.

Mullin's crimes coincidentally overlapped with those of serial slayer
Edmund Kemper, earning Santa Cruz an unwelcome reputation as
"Murderville, USA." By November 1972, Herbert was hearing brand- new
voices, emanating from prospective victims, begging him to kill them. He
bought a pistol in December and resumed the hunt.

On January 25, 1973, Mullin went looking for Jim Gianera, the man who
had "turned him on" to marijuana years earlier. Herb now regarded that
act as part of a plot to destroy his mind, and he meant to avenge
himself. Calling at Gianera's old address, he received new directions
from 29-year-old Kathy Francis. Moving on, he found Gianera at home,
shot the man to death, then knifed and shot Gianera's wife for good
measure. From there, Mullin doubled back to kill Kathy Francis and her
two small sons, shooting all three as they lay in bed.

On February 6, Mullin was hiking in a nearby state park, when he met
four teenage campers. Approaching the boys with casual conversation, he
whipped out his gun and killed all four in a burst of rapid fire, before
they could react or flee. A week later, driving through Santa Cruz,
Mullin pulled to the curb and fatally shot Fred Perez, while the old man
was working in his garden. This time, neighbors saw his license plate,
and Mullin was arrested by patrolmen moments later.

In custody, Mullin confessed to his crimes, maintaining that the
homicides were necessary to prevent catastrophic earthquakes from
destroying California. Charged and convicted in ten of the murders
(omitting White, Guilfoyle, and Tomei), Mullin was sentenced to life
imprisonment. He will be eligible for parole in the year 2020 A.D.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Campbell: Traffic profiling case

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Here is the next case that CTV is showing, if your interested and would
like me to post summaries please let me know.
=

In a case that may reveal the racial bias police officers use when
pulling over motorists, an African-American police officer faces two
charges of battery for allegedly hitting two white sheriff's officers
after they stopped him for various traffic violations. Major Aaron
Campbell claims that he was not violating any traffic laws and that the
white officers only stopped him because he is black. Campbell, a 25-year
police veteran, also claims that the police initiated the attack on him
after they had tried to illegally arrest him. A camera mounted on  
the sheriff officers' patrol car captured the entire incident on
videotape that will be played during trial. 

   Fight on the Florida Turnpike

According to reports, on April 9, 1997, Campbell, 55, was driving on the
Florida Turnpike when Orange County officer Richard Mankewich pulled him
over for allegedly failing to use a turn signal before changing lanes.
Campbell, who was on his way to work on a house that he was building,
got out of his car, and identified himself as an off-duty police officer
and gave Officer Mankewich his driver's license. Campbell insisted that
he had not committed any traffic violations, but Mankewich kept writing
the ticket, also claimed that Campbell's license tag was obscured. And
Mankewich was not affected by the fact that Campbell was a fellow
officer. As Mankewich proceeded to write the tickets, Campbell
apparently lost his temper. 

The police videotape shows Campbell cursing at Mankewich, saying,
"You're a f___ing liar, man. I gave a signal. I gave a left signal...You
ain't giving me no f___ing ticket." Campbell's driver's license was
clamped to his clipboard, and the defendant grabbed his license off
Mankewich's clipboard. Throughout this encounter, Campbell still had his
gun in his pouch; he backed away from Mankewich, leaned on the nearby
guardrail and demanded to see a supervisor. "I am the supervisor...you
need to give me your license or you're going to jail," Mankewich said as
he called by backup officers. 

One of the deputies who arrived on the scene tried to arrest Campbell
for resisting arrest, but he began to walk away. This officer then
jumped on Campbell's back while Mankewich apparently sprayed the
defendant in the face with pepper spray. Campbell continued to resist
and ran away, with three officers running after him. He surrendered to
officers after running for about a quarter-mile. 

  Profiling...or a Case of "Break the Law, Go to Jail?"

Campbell says that he was a victim of racist "profiling" techniques used
by Florida police officers. Profiling refers a practice where officers
use race as the principal factor in making traffic stops and trying to
apprehend drug traffickers. A 1977 report by the U.S. Department of
Justice revealed that Volusia County's Selective Enforcement Team used
race as its chief factor in making traffic stops and that officers often
made up false reasons to stop cars driven by black or Hispanic motorists
in order to search for drugs (Volusia County is near Orange County,
where this trial will be taking place.) The Orlando Sentinel revealed
profiling practices of the Volusia officers in a Pulitzer  
prize-winning investigative series. The newspaper's investigation showed
that while blacks and Hispanics made up only five percent of the drivers
on the road, they were involved in 70 percent of the traffic stops. 

Orange County Sheriff Commander and spokesman Steve Jones reportedly   
denied that his officers used profiling techniques in an interview with
ABC's Nightline and said the Campbell case was a simple case of "Break
the law, go to jail." Jones said that Campbell's behavior warranted his
arrest and that must have believed the untrue rumors about circulated
about Orange County highway officers. However, while citing information
from the Drug Enforcement Agency, Jones acknowledged that a profile for
drug smugglers in Florida does exist; he claimed that black males
smuggle most of the cocaine into Florida while Hispanic males transport
heroin. 

Another phrase used to describe profiling procedures used on black
motorists is "driving while black." This phrase was made famous by a
civil suit filed by Robert Wilkins, a Harvard law graduate and public
defender in Washington, D.C., against the Maryland Police Department. In
1992, Wilkins and his family were returning home to Washington, D.C.,
from a funeral in Chicago, when they were stopped by police and
subjected to a search by drug-sniffing dogs. Wilkins sued the police,
claiming that they had violated his civil rights, and as he was
preparing for his trial, the lawyer clai

Re: L&I Yes, Sooz, We Do Kill Kids

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Terry IMHO this is a post done by a desperate person, as everyone knows
the DP and the laws surrounding it have all changed. It's pretty
pathetic when you have to go back over 50 years to support your
argument. If you want to seriously discuss this issue at least use the
laws and guidelines we're under now. It would be like me talking about
cruel and unusual punishment that we submit prisoners to and using the
example of the men sentenced to work on slave ships. I would be laughed
at for that type of reasoning. There isn't a comparison, just as your
assertion that the U.S. kills kids under the DP in the US and current
sentencing guidelines show that not to be true. Show me one person in
the US who was under the age of 18 that was executed after 1972. To save
you some time I'll let you know right now, you won't be able to, since
it hasn't happened. Yet you can try to find someone.

Use current information for a current debate. Comparing the 1940's and
the 1990's is ridiculous to me.

[EMAIL PROTECTED] wrote:
-
> > > June 16, 1944: George Stinney Jr. (14) is executed in
> > > South Carolina's electric chair. He was only 5'-1" tall
> > > and weighed 95 pounds. A local paper reported that
> > > the guards had difficulties strapping him onto the chair and
> > > attaching the electrodes.
> > > ---
> 
> Since 1990 only five countries including the United States have sentenced
> those convicted of crimes when they were minors to death.  With appeals you
> are correct that 16- and 17-year-olds are likely to mature before we execute
> them.
> 
> No minimum age: Arizona, Florida, Idaho, Montana, Pennsylvania, South
> Carolina, South Dakota, Utah, Washington
> 
> Minimum age 14: Arkansas
> 
> Minimum age 15: Louisiana, Virginia
> 
> Minimum age 16: Alabama, Delaware, Indiana, Kentucky, Mississippi,
> Missouri, Nevada, Oklahoma, Wyoming
> 
> Minimum age 17: Georgia, New Hampshire, North Carolina, Texas
> 
> Total: 25 states allow executions for juvenile offenses
> (Source: Wisconsin Legislative Reference Bureau)
> 
> [I have no explanation for the reason the 11- and 13-year-olds in Jonesboro
> cannot be tried as adults according to news reports.  There may have been
> changes in the law since the above data was compiled.]
> 
> Damien Echols was 17 years old when he supposedly participated in the murder
> of three small boys.  He was convicted in West Memphis, Arkansas, in a wave
> of hysteria over satanic cults with laughable evidence.  In his case some
> prison guards were actually fired for permitting his daily sodomization by
> another prisoner on death row over a period of weeks.  His prospects for
> eventual exoneration are quite guarded under current rules for appeals.
> 
> Best, Terry
> 
> "Lawyer - one trained to circumvent the law"  - The Devil's Dictionary
> 
> Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Now this is Amazing!

1998-03-31 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A LAWYER WHO took heroin and cocaine every day while trying a murder
case in 1984 did not necessarily provide ineffective assistance of 
counsel, a Brooklyn federal judge has ruled.

While asserting that the use of drugs by attorney Michael Noble, who   
later was convicted on drug charges and disbarred, was "reprehensible,"
Eastern District Judge Eugene H. Nickerson said it did not automatically
establish ineffective representation.

Under U.S. Supreme Court precedent, noted Judge Nickerson in Badia 
v. Artuz, 95-CV-3212, one claiming ineffective assistance must show that
the lawyer's performance fell below an "objective standard of
reasonableness" in order to prevail.

"Petitioner's claim cannot simply rest on Mr. Noble's admissions that  
he was on drugs during the entire trial. Petitioner must show that Mr. 
Noble's handling of the trial was affected by his drug usage."

The petitioner, Edwin Badia, was convicted of murder in February 1984
and sentenced to a prison term of 20 years to life. He was represented 
throughout the trial in Brooklyn Supreme Court by Mr. Noble. 

In April 1984, Mr. Noble was convicted in Manhattan federal court for
conspiracy to distribute narcotics and obstruction of justice. He was
later disbarred.

After Mr. Noble's trial, Mr. Badia learned that the attorney had been  
addicted to drugs for seven years. In addition, Mr. Noble later declared
that he used both heroin and cocaine every day during Mr. Badia's trial.

Mr. Badia moved in state court to have his conviction vacated. That   
application was rejected and the denial was affirmed on appeal. He then
filed a writ of habeas corpus in Brooklyn federal court, alleging that
Mr. Noble's drug use during the trial prejudiced him in several
respects.

First, Mr. Badia argued that Mr. Noble should have presented the defense
of extreme emotional disturbance rather than justification. 

He further contended that Mr. Noble's closing statement placed the
burden on the defendant to prove innocence, that the lawyer had failed
to hire a private investigator, and that he did not interview defense
witnesses until the day of trial. Finally, Mr. Noble failed to inform  
his client of a plea offer of manslaughter with a proposed sentence of
12 -1/2-to-20 years.

Judge Nickerson rejected all but one of Mr. Badia's claims.

Mr. Noble's choice of the justification defense, "while unsuccessful,  
was not unreasonable," Judge Nickerson said. "It is not the role of this
court to second-guess the trial strategy developed by Mr. Noble for his
client."

  'Sloppy' Lawyering

Mr. Noble's "misstatement of the law" in the closing statement was 
corrected by the trial judge's instruction to the jury, "which properly
placed the burden of proof on the government," the judge added.

As for the lawyer's failure to hire an investigator or to interview
witnesses before trial, Judge Nickerson characterized that conduct as 
"sloppy," but "not unreasonable."

But Judge Nickerson did find an unresolved issue regarding the plea
offer, noting that testimony given by Mr. Badia and Mr. Noble on that  
question at a 1987 state hearing was contradictory.

Concluding, therefore, that he could not decide whether Mr. Badia  
actually knew of the offer based on the motion papers, Judge Nickerson 
ordered a hearing to supplement the record.

Mr. Badia, who is incarcerated in the Fishkill Correctional Facility,  
represented himself. Assistant Kings County District Attorney Ann
Bordley represented the government.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Johnson: Summary March 31

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Prosecutors rested their case against Suzanne Johnson today, showing
jurors the final interview police conducted with Johnson after   
Jasmine Miller's death 

Det. Miguel Penalosa returned to the stand, and he testified about the
defendant's final interview. The interview started with Penalosa
informing Johnson of the autopsy results: Jasmine had severe fractures
to the skull and did not die from choking. The autopsy concluded that
the baby must have been blunt force to cause her injuries. Johnson
adamantly denied hitting Jasmine with anything. She told Penalosa that
she felt like the police wanted her to say something consistent with the
injuries, like that she struck the baby. 

The video showed Penalosa and the other detectives prodding Johnson,   
pretending to befriend her, saying they want to help her. They asked
Johnson what her daughter would think if she heard the evidence and then
heard Johnson's inconsistent stories, and provided Johnson with possible
scenarios of how she might have accidentally hit the child. The
detectives told Johnson that the Millers have a right to know what
happened. 

Finally, Johnson caved in. Crying hysterically, she told her third
version of Jasmine's death: that she reached by the high chair to get
the tray and her arm got hooked in the arm of the chair, sending Jasmine
flying out of the chair and onto the ground. Johnson admits that she
should have sought medical help immediately for Jasmine. 

During cross-examination, defense attorney David Burgess questioned   
Penalosa about his interview techniques. Penalosa admitted that
sometimes he pretends to be the subject's friend and throws out
scenarios to the subject hoping for a "bite." But, Penalosa said, the
techniques are only used to find the truth, not just to get a satisfying
version of a story. 

Another detective, James Hurgenrother, testified about an interview he 
conducted with Jasmine's mother, Crystal Miller, after the tragic death.
In this audiotaped interview, Crystal described Jasmine as a very happy
and easy-going baby. She also described choosing Johnson as a caretaker
and liking her at first. But over time, Crystal said, she noticed
changes in Jasmine: she slept more, her eating habits changed, she cried
more easily to touch. Crystal was concerned, and she and Travis talked
about finding a new baby-sitter. 

When Crystal dropped off Jasmine that final and fateful day, Jasmine
cried upon just hearing Johnson's voice. Jasmine was not the type of
baby to cry even if held by strangers. When Crystal left Jasmine that
day, she hesitated for a moment and considered not going to work since
Jasmine seemed so upset. Several times Crystal sadly said that she could
not believe this actually happened, that Jasmine was gone. Part of her
still wanted to believe Jasmine was fine. 

Dr. Randall Alexander, a pediatrician and an expert on child abuse,
including shaken baby syndrome, also came to the stand to testify about
Jasmine's fatal injuries. He said that Jasmine did not die from a fall
from her high chair; the injuries were far too severe. The magnitude of
the injuries resembled that from a fall a few stories high, or a motor
vehicle accident where a child is unrestrained. 

Dr. Alexander also suggested that Jasmine might have been shaken as well
as subject to a huge impact, indicated by her retinal hemorrhages (which
are characteristic of shaken baby syndrome). According to the doctor,
Jasmine's injuries were characteristic of a child who has been violently
shaken into an object like a wall or floor. Dr. Alexander also said the
incident would almost certainly knock Jasmine unconscious, and leave her
without significant recovery, if any. To any caretaker, a child in this
condition would look like a child who is dying. And, said the doctor,
because Jasmine was okay when she was dropped off, this must have
happened in Johnson's care, and fits a classic pattern of child abuse.
Interestingly, Alexander said it is very rare that a child's shaken baby
abuse symptoms result from the actions of more than one person. 

During cross-examination, defense attorney Burgess unsuccessfully tried
to get Alexander to admit that the symptoms could have been caused by  
incidents other than child abuse. He also suggested that Jasmine would
have soft tissue bruising on her neck if she'd been shaken. Dr.
Alexander disagreed with that analysis. 

Suzanne Johnson's defense is expected to present their own experts on
child abuse when her case begins tomorrow. In what may turn out to be a
victory for Johnson today, the defense made an argument that no evidence
was presented supporting a first degree murder charge. Prosecutors said
they were satisfied with a second-degree murder charge. Although the
presiding judge mentioned the prior injuries as possible evidence for
first-degree murder, prosecutors remained satisfi

L&I COTD: Sarmento, William

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


On November 4, 1987, nine-year-old Frankie Barnes was reported missing 
when he failed to return from a neighborhood bike ride in Providence,
Rhode Island. His bicycle was found two weeks later, concealed in tall
grass near an abandoned brewery, less than a half-mile from his home.

A month later, on December 14, six-year-old Jason Wolf vanished in
Providence, after his mother sent him out to retrieve the daily mail.  
Teenagers found his body on December 21, two miles from home, discarded
in some brush near Mashapaug Pond. An autopsy revealed the cause of
death as blows to the head, inflicted with a blunt instrument. Police
were still puzzling over the case five days later, when they received an
anonymous note in the mail. It read:

You will find the little boy by a wooden cross near Tongue Pond.
I didn't want to do it. Satan ordered me to. I hope you will kill
me, cops, because I don't know why I killed the children.

Following the note's instructions, searchers found Frankie Barnes on the
northern shoreline of Tongue Pond, his body gashed by multiple stab
wounds. An examination of the envelope revealed faint impressions of a
man's name,  followed by the phrase: 

"Catch me if you can, ha, ha, ha." 

Police called on the suspect, and he suggested his name might have been
used by an enemy, William Sarmento, who had recently tried to seduce the
man's girlfriend.

Police were familiar with the 21-year-old Sarmento. In 1985, he pled
guilty to assaulting a neighborhood dog catcher and was sentenced to one
year's probation. Three days later, he was picked up again, on charges
of assault with a dangerous weapon, and he served 20 days in jail for
violating his probation. Residents of Frankie Barnes's neighborhood
recalled seeing Sarmento in the vicinity, and investigation disclosed
that Sarmento was a childhood acquaintance of Jason Wolf's mother.

Detectives held a press conference on December 29, 1987, naming Sarmento
as their primary suspect in two murders. Later that day, he was seen
ducking into a cellar and police were summoned to make the arrest. Held
without bond pending psychiatric evaluation, Sarmento is rumored to have
confessed to both homicides.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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Re: L&I Gun Ownership As a Deterrent?

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Bill lets try a hypothetical here, lets say there are no guns in the US
but we still have a high murder rate, only the murders are now done with
knives, do we then outlaw knife ownership? Then the killers turn to
strangulation, do we outlaw anything you can strangle a person with?
What if they use poison? Is that then taken out of our country? Do we
get rid of all defensive weapons in the US, even to the military because
they are now illegal? Where do you stop at Bill? 

Banning the guns is ineffective we already know that look at DC where
your not allowed to own a gun, but look at their murder rate. When are
people going to stop placing the blame on a object instead of facing the
real problem the people who do these murders? That Bill is the problem I
see, it's not the guns it's the people who get the guns and what they do
with them.

Just because you take away one way to murder doesn't mean murder
suddenly stops, people are creative and they always come up with new
ways to murder. Look at the case we just followed the Jones case, 4 kids
and a mother all stabbed to death, no gun there Bill. Yet they are all
still dead. Look at the Simpson case two people killed yet again with a
knife. Maybe it's people we should outlaw?

Oh I can also say to you Bill crime has gone up in areas where there is
a ban on guns how do you explain that? You see I can play the statistic
game also. But that's all it is, a little numbers game.

William J. Foristal wrote:
> 
> [EMAIL PROTECTED] (William J. Foristal) writes:
> 
> Hi Kathy,
> 
> Crime went down in a lot of other areas that did not legalize guns.  I
> wonder how they explain that one. :)  Let's face it.  We have the highest
> number of guns per capita than most any other country in the world.  And
> our crime rate (particularly the murder rate) is one of the highest in
> the world.  Especially when you consider crimes committed by citizens
> against fellow citizens.
> 
> IMO, anyone who argues that these two things are not related is simply
> kidding themselves.  I'm not saying that total gun control or a ban on
> gun ownership should be enacted.  But I DO think some common sense
> controls need to be in place.  Many of them have been enacted already,
> but typically due to the effects of a strong gun lobby, the legislation
> is so watered down by the time it is passed that it has little or no
> effect.
> 
> Until we wake up to the real problem we will continue to have incidents
> like the one in Jonesboro, IMO.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
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Re: L&I Yes, Sooz, We Do Kill Kids

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Terry :) My replies are below.

[EMAIL PROTECTED] wrote:
> The laws I gave you were the most recent I found.  I will be glad for any
> updates.

If you use current laws why did you have to go back 50 years to find a
case to support your argument? Don't you see my point? The case you used
was not under the guidelines of the current laws.
 
> If a 16-year-old commits a murder and is sentenced to die in a subsequent
> trial, you may find comfort in his sitting in prison for a decade or two
> while he waits for his death sentence to be carried out.  My interpretation
> is that we kill kids, one of only 6 countries that do.  There are currently
> a number of men sitting on death row for murders committed when they >were juveniles.

Oh since kids kill we should just turn our heads? I mean they are just
innocent children right? I don't buy that, I live under the policy if
you're old enough to do the crime your old enough to accept the
punishment. No matter who kills their victims are still dead and justice
needs to be carried out. BTW those men sitting on death row seems to me
they at least got something their victims didn't a chance to prepare and
to say good-bye to their families, why is it that we should listen to
the pleas of the murderers when they themselves decided to ignore the
pleas of their victims? What makes them better than the people they
murdered?

> I remember the 1940's quite well.  Slave ships are before my time.

Then you should have known that your argument and example didn't match
up.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Steve in ICQ

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


I've authorized you, lately I haven't been able to turn on ICQ as often
as I usually do, I'm trying to keep caught up in email and the next
venture is to tackle the build up of emails in my "To Do" box which is
almost over flowing right now :( So I'm pretty much only logging on to
ICQ for a couple minutes a day for now, until I get completely caught
up.

Jackie Fellows wrote:
> 
> Jackie Fellows <[EMAIL PROTECTED]> writes:
> 
> Hi Kathy
> 
> I think my nick is Ryuku or something like that?  Needless to say, I was an unhappy
> camper.  I know he reloaded ICQ to fix something, don't ask me what.  Someone told
> him to do that as we were having some problems.  It looks like I am still awaiting
> authorization from you.
> 
> TTYL
> 
> jackief
> 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Gun Ownership As a Deterrent?

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hi Jackie :)

I'm not able to answer your question, I don't know. I've never been
asked by my insurance agent if we were gun owners or not, now I don't
tell them about the snakes just in case they decide to charge me extra
for having them. That's a interesting question though.

Jackie Fellows wrote:
> Hi Kathy
> 
> Little off-topic but pertinent I think.  Do the insurance companies charge more
> to the householder that has guns in his/her house??  I know they do if people
> have breeds of dogs that are considered guard dogs (no matter if they are
> trained to be guard dogs or not).  This strikes me as strange as you pay less if
> you have a security system (which only works after the robber has entered the
> house), but you pay more for a security system that usually works before the
> robber enters the home.  Does the same hold true for having a gun for
> protection??
> 
> jackief
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I A Little Known Fact

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


LOL that's funny! Is this a case of practice what I preach not as I do?

[EMAIL PROTECTED] wrote:
> 
> [EMAIL PROTECTED] writes:
> 
> Clinton's Personal Responsibility Act (welfare reform) allocates $10
> million ffor "abstinence education."
> Best, Terry
> 
> "Lawyer - one trained to circumvent the law"  - The Devil's Dictionary
> 
> Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Annual Internet cleaning

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


It's that time again!

As many of you know, each year the Internet must be shut down for 24
hours in order to allow us to clean it. The cleaning process, which
eliminates dead email and inactive ftp, www and gopher sites, allows
for a better working and faster Internet.

This year, the cleaning process will take place from 12:01 a.m.. GMT
on April 1 until 12:01 a.m. GMT on April 2 (the time least likely to
interfere with ongoing work). During that 24-hour period, five
powerful Internet search engines situated around the world will
search the Internet and delete any data that they find.

In order to protect your valuable data from deletion we ask that you
do the following:

1. Disconnect all terminals and local area networks from
their Internet connections.

2. Shut down all Internet servers, or disconnect them from
the Internet.

3. Disconnect all disks and hard drives from any connections
to the Internet.

4. Refrain from connecting any computer to the Internet in
any way.

We understand the inconvenience that this may cause some Internet
users, and we apologize. However, we are certain that any
inconveniences will be more than made up for by the increased speed
and efficiency of the Internet, once it has been cleared of
electronic flotsam and jetsam.

We thank you for your cooperation.

Kim Dereksen
Network Information Center
Network Solutions, Inc.
Reston, Virginia
<http://www.internic.net/>

(Remember the date folks :) This was from Randy who own the Humornet ML)
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Cult member to plead guilty

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


In a deal that will save him from a potential death sentence, a member
of a ``vampire cult'' agreed to plead guilty to his role in the   
slayings of another cult member's parents.

The deal struck with prosecutors Monday ensures that Howard Scott
Anderson will not follow cult leader Rod Ferrell to the electric chair
for the 1996 killings.

Anderson, 17, agreed to admit to being a principal in the slayings of
Richard Wendorf and Naoma Queen. He was to be sentenced today to two
life sentences.

Ferrell, 17, pleaded guilty and was sentenced to death in February. His
attorneys have filed a motion to reduce his sentence.

Prosecutors say Anderson watched as Ferrell pummeled the victims with a
crowbar in their Eustis home, 30 miles northwest of Orlando.

The teen-agers intended to rob the couple but ``Rod went crazy,''
Anderson told investigators. Ferrell was in Florida to help the victims'
daughter, Heather Wendorf, run away.

Lawyers for cult members Charity Lynn Keesee, 17, and Dana Cooper, 20,
refused to accept a plea that would send their clients to prison for 40
years. Both are charged with being principals to murder.

According to investigators, members of the cult took drugs, engaged in
group sex and drank one another's blood.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Police Reopen Infant's Death Case

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


This reminds me of a true crime book I read. It was one of the few true
crime books I almost didn't finish due to the actions of the mother. The
only reason I did finish it was due to the fact I was at a management
training course and that was the only reading material I had brought
with me.

The women had the same thing 6 of her kids died from SIDS, supposedly,
on the sixth one the police finally decided to do a in-depth
investigation, it was discovered she murdered each child, except for the
first one, that was was actually a real accident, and that child's death
was the only one she really became emotional about, the police theory
was that death triggered her killing the other children. Her first child
that was a accident had fallen off the back step and suffered a fatal
head injury, of course there was a lot of out pouring from the community
and such, after that each baby she had died by the time it was six weeks
old of SIDS, when they went back and checked the bodies again it was
discovered she had actually smothered her other children. She was a
classic case of Munchausen by proxy. She liked the attention she got
when she had a baby and couldn't handle the attention disappearing after
the newness wore off, so she would smother the babies, and get the
attention back. Oh another one of the tip offs that started people
talking is one of the children was adopted that died.

This case sounds just like it, except it seems they had as a motive
insurance money.

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Police Reopen Infant's Death Case
> 
> >   PHILADELPHIA (AP) -- One family. Ten babies. Not one
> >   lived past 15 months.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I eek! Not April Fools!

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Kaye this is a urban legend that has been around for awhile. None of it
is true.

Kaye wrote:
> 
> Kaye <[EMAIL PROTECTED]> writes:
> 
>  Here's a real Batz Horror story from Lawrence Livermore and the DLM Lab in
> Alachua, FL:
> 
> There is a crime ring operating in the South, with concentrations in
> Florida, Texas, and the New Orleans area of Louisiana. Lately there 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I Police Reopen Infant's Death Case

1998-04-01 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Hmm that would be interesting that they made a movie out of it. Yet the
book I found sickening, but I've always had a problem with people who
kill kids. It's not something I can stomach.

Sue Hartigan wrote:
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Hi Kathy:
> 
> I think that there was a tv movie about the book that you are talking
> about.  In fact when I first read this I thought it was the same story.
> 
> Sue
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Execution date for SK Lucas

1998-04-02 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A state judge has scheduled a June 30 execution for convicted killer
Henry Lee Lucas, who once confessed to a nationwide killing spree then
recanted. 

Lucas, 61, was convicted of the 1979 rape and stabbing death of an
unidentified female hitchhiker, dubbed ``orange socks'' for the only 
article of clothing she was wearing. Her nude body was found along 
Interstate 35 near Georgetown, north of Austin. 

State District Judge John Carter of Georgetown today scheduled Lucas  
to receive a lethal injection June 30. 

Lucas' case has been under appeal since 1990. Attorneys for Lucas  
claim he is innocent. They presented evidence in a special hearing 
several years ago that they say prove he was not even in Texas when the 
woman was killed. 
 
Lucas once claimed to have killed 600 people while hitchhiking across  
the country, but a special investigation by Attorney General Jim Mattox 
in 1986 showed he could not have committed the crimes. 

Lucas later recanted, saying he was trying to embarrass police and
avoid a date with the executioner by helping solve other crimes. In the 
meantime, law enforcement authorities in 26 states accepted Lucas' 
confessions and closed their files on more than 200 murder cases. 

A native of Blacksburg, Va., Lucas began a life of crime in 1960 when  
he killed his mother, 74-year-old Viola Lucas, in Michigan. He was in 
and out of prisons and mental hospitals until his release in 1970. 

Lucas was convicted and sentenced to life in 1984 for the slaying of  
15-year-old Becky Powell, his common-law wife, and he was given a 75- 
year prison term for the murder of 80-year-old Kate Rich of Ringgold, 
Texas. 
   
The movie ``Henry'' was based on Lucas' confessions, which, if true,  
would have made him the most prolific serial killer in the nation's 
history. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Mexican Judge frees alleged Killer of US man

1998-04-02 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


A Mexican judge on Tuesday once again freed a man accused of killing
John Peter Zarate, a 40-year-old US real estate executive murdered in a
taxicab holdup. 

Judge Vicente Hernandez "found no evidence" to uphold an arrest  
warrant against Alfonso Gonzalez Sanchez, known as "El Chuky," and 
ordered him freed unconditionally. 

Gonzalez Sanchez and three accomplices were arrested two weeks after the
robbery but were freed by a judge who described him as a "modern Robin
Hood," angering the United States and Mexicans fed up with crime. 

Judge Claudia Campuzano freed them for lack of evidence although  
they had confessed to the killing on December 15, 1997. 

A higher court later upheld her ruling but she was suspended for  
three months and replaced by Hernandez. 

Gonzalez Sanchez was re-arrested on February 10 and charged with  
robbery. Although the murder charges were dropped, Gonzalez Sanchez 
is unlikely to be freed as he still faces robbery charges. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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Re: L&I copyright and patents

1998-04-02 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


HI Steve :)

Check out this link concerning copyright and patents on the net:

http://www.clarinet.com/brad/copymyths.html

Luck to you on your finals :)

Steve Wright wrote:
> 
> "Steve Wright" <[EMAIL PROTECTED]> writes:
> 
> Hi I have a Law assignment on copyright and patents if anyone has some
> useful case notes going spare would you do the honors?
> I would be ever so grateful ;-)
> 
> Steve XXX
> 
> P.S I have my final law exam in 6 weeks fingers crossed...
> ===
> As big bird spreads the word, anybody with a heart votes love.
> - Fluke.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I COTD: The "Zodiac" Killer

1998-04-02 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


On June 6, 1990, identical handwritten letters were mailed in New York
City to the New York Post and the production office of the CBS news
program "60 Minutes." The letters read:

 This is the Zodiac the twelve sign
 will die when the belts in the heaven
 are seen
 the first sign is dead on march 8 1990 1:45 AM
 white man with cane shoot on the back in the street
 the second sign is dead on march 29 1990 2:57 AM
 white man with black coat shoot in the side in front of house
 the third sign is dead on May 31 1990 2:04 AM
 white old man with can shoot in front of house
 Faust
 no more games pigs
 all shoot in Brooklyn with .380 RNL or 9mm
 no grooves on bullet

In addition to the chilling message, each letter was decorated with
three pie-shaped wedges, each marked with the astrological signs for
Gemini, Taurus, and Scorpio. The other was a cross and circle, variously
interpreted as an ancient Celtic cross or the cross hairs of a
telescopic gun sight.

Police "studied" the letters for two weeks before going public with the
announcement that their correspondent--"Zodiac" or "Faust"--was wanted
in connection with three unsolved shootings from the dates in question.
There were certain obvious discrepancies, including the fact that one
victim had been shot in Queens and all three were still alive, but the
description of events was otherwise strikingly accurate. Even the
ballistics reference to caliber and "RNL"--for round-nosed lead
projectiles--was precise. A similar note, including mention of the
"Zodiac" and "belts of heaven," had been found beside the third victim,
with a positive handwriting match completing the chain of evidence.

Target number one was 49-year-old Mario Orozco, shot in the back near
the intersection of Atlantic and Sheridan Avenues. Orozco told police
that his assailant, wearing a brown ski mask and gloves, had crossed the
street to intercept him, pressed a gun against his back, and fired one
shot, then stood above his prostrate body for a moment or two, aiming
the pistol at his victim's face before he fled the scene. Number two,
33-year-old Jermaine Montenesdro, was staggering home from a late party
in the Bronx when he was gunned down near a subway station, six blocks
from the scene of the first attack. Shot in the back and seriously
wounded, Montenesdro never got a look at his attacker. The third victim,
78-year-old Joseph Proce, was standing on 87th Road in Woodhaven,
Queens, when a bearded black man approached him and asked for a dollar.
Proce refused and was moving away when a shot from behind knocked him
sprawling.

Initially, the gunman's pattern seemed to consist of close-range attacks
on "elderly" white males (two walking with canes, while Montenesdro's
boozy stagger indicated physical infirmity). The shocker came when a
review of background information on the victims showed that each was
born within the astrological sign noted by their attacker--Gemini,
Taurus, and Scorpio, respectively. None of the wounded men had
recognized his assailant, but the gunman obviously knew them well enough
to pick his targets by their birth signs.

In short, the attacks were not random, but carefully planned in advance.

While the gunman signed his letters "Faust"--a character from German   
literature who sold his soul to Satan--the "Zodiac" reference prompted 
speculation on a possible link to California's unidentified serial
stalker from the 1960s. NYPD's new "Zodiac" task force requisitioned
dusty files from San Francisco, poring over 20-year-old leads in hopes
of finding something, anything, to help them crack the case. Newsmen
were quick to jump on the "Zodiac" bandwagon, noting "similarities"
between the New York letters and some of the earlier California
correspondence. Aside from the opening lines--"This is the
Zodiac"--reporters noted duplication of the original "Zodiac's"
cross-hairs symbol, "similar" handwriting patterns, detailed ballistic
descriptions, and reference to the police as "pigs. On the down side,  
the original "Zodiac's" letters had been widely published since 1969,
and the California killer was known to be a white man. Barring some
unknown personal relationship, New York's case seemed to be the work of
a demented copycat.

Detectives noted that the gunman's three attacks had taken place at 21-
and 63-day intervals, suggesting variations on a compulsive three-week
cycle. Man hunters were ready on June 21, first day of the astrological
month for Cancer, but the gunman outsmarted them, shifting his target
zone miles away to Central Park. This time the victim was a homeless
black man sleeping in the park. He wo

L&I Johnson: Summary April 01, 1998

1998-04-02 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Suzanne Johnson, the defendant in the death of Jasmine Miller, took the
stand and while she admitted she lied to police during her interviews
with them, she denied purposely killing the six-month-old baby. 

During her direct-examination by her attorney Marc Carlos, Johnson
talked about starting her daycare business with the goal of creating an
at-home environment for children where their needs could be
independently met more than at other centers which adhered to
standardized schedules of activities. Johnson said she loved children,
that it was a natural instinct for her to care for them. She thought
Jasmine was beautiful and alert, though a little slow in development
some ways for her age. Johnson told the court that she noticed Jasmine
did not eat as much baby formula as she thought she should have. 
According to Johnson, during the last week she had her, Jasmine seemed
less interested in playing than previously. 

Johnson testified that Jasmine cried a lot and did not sleep or eat
enough during the weeks she cared for her. She would hold the baby a lot
because that would sometimes help ease the crying. But sometimes when
Johnson did not think she could do anything to help Jasmine, so she
would leave her on the floor on a blanket under a gym in hopes she would
calm down. Contrary to what Crystal Miller said, Johnson claimed she did
not tell Crystal everything was fine with Jasmine. Instead, Johnson
said, she told her about Jasmine's trouble with eating and her concerns
she was not getting enough nutrition. Johnson, though admitting she
found Jasmine to be a fussy baby, adamantly denied ever hitting,
shaking, or throwing Jasmine in any way. 

"I loved her...she was a baby," Johnson said tearfully. "I was never
frustrated with her...I don't lose control with children." 

Johnson stuck to her story about accidentally knocking Jasmine out of
the highchair, and demonstrated it in court. She said she felt guilty
about not strapping Jasmine in the chair and felt that child was hurt
because of her carelessness. Defense lawyer Carlos had Johnson admit
that she lied to police and changed her story several times. Johnson
explained that she lied because she was afraid and intimidated; she felt
the police were being accusatory even if they did not directly accuse
her. 

"I had never had a child rushed to the hospital while in my care,"
Johnson said tearfully. "There were police all over, inside my house,
outside the house, asking me if I was angry...even if they weren't
accusing me [of harming Jasmine], they were." 

And during the police interviews, the defendant said, she was confused
and deprived of sleep and food. 

During cross-examination, prosecutor Eugenia Eyherabide tried to
confront Johnson about the contradictions in her stories to police,
pointing out inconsistencies such as what times things happened and
whether Caitlin, the other child present at the time of Jasmine's
alleged accident, was eating lunch or a snack when Jasmine fell. But
Johnson claimed she was confused about times and had responded to the
officers' throwing out theories to her about what happened and when. 

Eyherabide kept pointing out how Johnson lied over and over to police,
as if she was trying to get Johnson to admit that. The prosecutor also
kept focusing on the fact that Johnson lied about Jasmine's accident (if
there was an accident) and wondered aloud why Johnson would not have
told authorities about the accident if she knew Jasmine was being
hospitalized. Eyherabide seemed to be trying to get Johnson to admit
that her story about Jasmine's falling out of the high chair was also a
lie. Nonetheless, Johnson insisted she did not kill Jasmine, even
admitting that she initially lied to police out of fear for herself. 

Before Johnson took the stand, forensic pathologist Dr. Gregory Reiber
testified for the defense and contradicted some of the prosecution's
previous medical testimony. He said Jasmine would not necessarily have
become unconscious immediately after the impact of falling from the high
chair. In fact, he claimed, she might have cried in pain and then seemed
okay for awhile before her condition deteriorated. Dr. Reiber also said
that Dr. Terri Haddix's theory about the baby's head being cradled on
the right side and hit on the left was only conjecture. It could not be
stated to a reasonable medical certainty. 

Dr. Reiber also decreased the magnitude of force necessary for the
injuries as compared to the previous experts, saying some things were
overstated by them. However, the doctor also said Jasmine's injuries
were most likely a case of child abuse and not an accidental death, and
admitted it would be very unusual -- though he would not concede
impossible -- for a baby to die from a rebleed of an old subdural
hemorrhage caused by a highchair fall. 

Suzanne Johnson will retu

L&I Abdela: Case update

1998-04-03 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


Fifteen-year-old Daphne Abdela has been sentenced to 3 1/3 to 10 years
in jail for the slaying and gutting of a middle-age man in New York's
Central Park last May. 

Abdela pleaded guilty last month to first-degree manslaughter in  
Manhattan state Supreme Court. 

Her lawyer said then that Abdela would not cooperate with prosecutors  
or testify against her boyfriend, Christopher Vasquez, who she blamed 
for the attack during police interviews. 

Abdela told police Vasquez was high on the hallucinogen LSD and flew  
into a jealous rage when 42-year-old Michael McMorrow put his arm around 
her on May 23, 1997, as the three of them were drinking in the park late 
at night. 

Prosecutors say 15-year-old Vasquez stabbed the older man 30 times in  
his neck, face and chest. 

The teens then allegedly pushed the corpse into the park's lake after  
slicing open the stomach so it would sink. 

Moments before hearing her fate today, she cried and told the packed  
courtroom, ``This is a hard mistake that I am paying dearly for, not 
only by this sentencing, but also with flashbacks, memories and my 
conscience.'' 
 
She added: ``It won't be easy waking up every day behind bars.
Hopefully, it will make me a better person.'' 

Judge Michael Corriero replied: ``Apparently you have a grasp of the  
enormity of what you did. You must learn to take the energy that 
produces that anger to control it and tame it and live life for two 
people -- yourself and the life you took. You must learn to tame it
twice as much and forgive twice as much.'' 
  
Abdela's parents sat stone-faced during the proceeding. McMorrrow's
mother, sisters, brother and nephew were also present. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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L&I Michael Fay back in the news

1998-04-03 Thread Kathy E

Kathy E <[EMAIL PROTECTED]> writes:


The man who gained international attention in 1994 when he was caned in
Singapore for vandalizing cars is facing drug charges in Orange County,
Florida. 

Michael Fay, now 22, was arrested after a deputy answering a  
complaint about loud music at an apartment near Winter Park found Fay 
and two of his friends inside surrounded by a cloud of smoke. 

The arresting officer says Fay -- formerly from Dayton, Ohio -- handed  
over a bag of marijuana that also contained what was described as ``red 
rock opium.'' 

Fay was released from jail Wednesday after posting $500 bond and being
charged with possession of marijuana and drug paraphernalia. 

Four years ago, President Clinton and other U.S officials protested
when Fay was publicly caned in Singapore after his conviction on 
criminal mischief charges for spray-painting graffiti on 18 cars. 

 A jailer gave Fay four strokes with a half-inch rattan cane, leaving  
him with scars on his buttocks. 

Clinton called the punishment excessive.  

Back in the U.S. soon after the caning, Fay admitted himself to a  
Minnesota drug rehabilitation center for sniffing butane. His family 
blamed the drug abuse on his trying to get over the imprisonment and 
humiliation he experienced in Singapore. 

Fay moved to the Orlando area in 1995 to take a job at Universal  
Studios Florida, and attends classes at Valencia Community College. 
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
http://members.delphi.com/kathylaw/ Law & Issues Mailing List
http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories
http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's

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