A man who knew he wanted to be a physician at age 13, son of a tailor from Carbondale Pennsylvania… A “mild-mannered and patient man” threw it all away one day on March 8, 1985.  He was a former cardiologist at Hartford Hospital’s cardiology catheterization laboratory.

Means, Motive and Opportunity….

Means- the ability of the defendant to commit the crime.  Dr. Russell Manfredi, age 33, had the ability, as a very intelligent man, to plan and execute a murder; He had the strength to grab a baseball bat from his wife while arguing with her and strike her about the head.  He had the ability to drop her body from a second story window while still alive. He had the ability to stage a car accident by crashing it into a nearby utility pole and placing his wife in the driver’s seat.

Motive- the reason the defendant had to commit the crime… His wife belittled him…made him feel incompetent and  she was overzealous in her discipline of their three sons, such that he served as a protector.

Opportunity-whether or not the defendant had the chance to commit the crime- (Did he or did he not have an alibi?) Russell Manfredi was home with his family and argued  with his wife in the wee hours of the morning when the police were called to the scene of a “car accident” at 6:02 am on a Friday.

Other Factors:  

“The Lie- Explanation to the Police” His wife Catherine was “spitting up blood and was driving herself to the hospital” when the accident occurred.

The Telltale Signs uncovered by Dr. Henry Lee – Blood spatter and a missing bedroom window shade told Dr. Lee, “There’s Something Wrong Here.”

The Defense’s Psychiatrist, Howard Borden claimed Manfredi experienced a “Catathymic Crisis.”  This crisis was a theory espoused in 1937 by Dr. Frederic Wertham, as an explanation for some types of violent and apparently motivation- less crimes. This theory is comprised of five stages and is said to be attributed to the “serial manifestation “of serial murderers.

Stage 1 –A thinking disorder occurs within the mind of the criminal;

Stage 2 – A plan is created to commit a violent criminal act;

Stage 3 – Internal emotional tension leads to the commission of the criminal act     which leads to…

Stage 4- “A superficial calmness in which the need to commit the violent act is eliminated and normal activity can be initiated;

Stage 5 – The mind adjusts itself and “understands that the thinking process that caused the commission of the criminal act was flawed” and therefore the mind makes adjustments in order to prevent further criminal activity.

*Note-  According to Author, Arthur Garrison, (Senior Criminal Justice Planner, Delaware Criminal Justice Council) Serial killers never reach stage five, rather they return to a cycle between the second stage and fourth stages .

[In other words… Dr. Manfredi was a one time murderer only and that makes everything okay??]

Civil Suit- Wrongful Death

After Catherine Billings Manfredi’s death, a wrongful death suit was filed in State and Federal Court in:

AETNA CASUALTY & SURETY CO. v. JONES     8/20/1991

The principal issue in this appeal is whether an insurance company may use collateral estoppel (the situation in which a judgment in one case prevents “estops” a party to that suit from trying to litigate the issue in another legal action) to bar the heirs of a homicide victim from relitigating the issue of the criminal defendant’s intent to cause the injuries that resulted in the victim’s death.

The defendant, Russell F. Manfredi was convicted of the crime of manslaughter in the first degree for the killing of his wife, Catherine Manfredi. The named defendant, Margaret Billings Jones (Jones), is the administratrix of the estate of the decedent. The plaintiff, Aetna Casualty and Surety Company, Manfredi’s insurer at the time his wife was killed, brought this declaratory judgment action to determine the extent of its obligation to pay damages awarded to Jones against Manfredi in a wrongful death action.

Following the death of the decedent, Jones was appointed administratrix of her estate. In that role, on March 20, 1985, Jones brought a wrongful death action in the Superior Court against Manfredi. The plaintiff’s motion to intervene in that suit was denied. On December 16, 1988, a default judgment was entered against Manfredi, and on January 18, 1989, he was ordered to pay damages in the amount of $450,000 to the estate of his deceased wife.

At his criminal trial, Manfredi was charged with the crime of murder in violation of 53a-54a (a). Because the jury found that he was suffering from an extreme emotional disturbance at the time of the offense, he was found guilty of the lesser included offense of manslaughter in the first degree in violation of 53a-55 (a)(2). In order to have found Manfredi guilty under 53a-55 (a)(2), the jury necessarily had to have found that he had the “intent to cause the death” of his wife. Further, the jury was instructed in conformance with General Statutes 53a-3(11) that in order to find that Manfredi intended to cause the death of his wife, it had to conclude beyond a reasonable doubt that he had the “conscious objective” to cause her death. The jury’s verdict of guilty represents its finding beyond a reasonable doubt that Manfredi caused the death of his wife at a time when it was his conscious objective to do so. While the jury found that he suffered from an extreme emotional disturbance, the presence of an extreme emotional disturbance “`does not make the action any less intentional.’” State v. Elliot.

In particular, the policies provide that injuries intentionally caused by the insured will not be covered by the plaintiff…  We conclude that the issue of intent, at the criminal trial and under the insurance policies, is identical.

There can be no question that the issue of his intent was thoroughly litigated in a full adversary proceeding. The judgment is reversed and the case is remanded with direction to render judgment in favor of the plaintiff.

The Prosecutor-  Herbert G, Appleton was  a bald and affable man.  Of this case  he stated, ”He killed her intentionally and then tried to get away with it.”

This mans sticks in the mind of Ladyjustice because…. Herb Appleton was the same prosecutor of her father’s career murderer.  And…. Herb Appleton was the  true genius who used the joinder legal concept to convict the two time murderer, robber and drug dealer of her father. And… The Manfredi trial was conducted just prior to the murder trial of Perry Lee Herring, (Murderer of Donald W. Gore…and a Herring accomplice)  after a 6.5 year wait for trial.

The rumor around the courthouse was that Herb was very tired after the three month Manfredi trial.   Ladyjustice’s family worried, would he be effective in our unique two trials -one jury case?

Out on Appeal- Russell Manfredi

The CT statutes at the time allowed convicted murderers  to be out of prison on appeal in the 1980s… (‘Just like the Peter Carone-Adam Zachs case). Russell Manfredi was sentenced to 20 years for manslaughter in December 1986 but did not begin serving his sentence until 1990.  Manfredi appealed to the U.S. Supreme Court which failed to hear his appeal.  He was also free on bond for 5.5 years before his trial!  [ LJ- What a travesty of justice!]

Oops… A Judicial Error- 1992

After serving two years of a 20 year sentence, Manfredi was to go before the State Board of Pardons in November 1992.  Evidently it was placed on the docket in error… The rule as stated was  that a state  prisoner must serve either half of their minimum sentence, or when sentences are greater than eight years, they must serve four to be eligible for a hearing.

A Sympathetic Prosecutor

A different prosecutor, John J. Kelly, took Manfredi’s request for commutation of his sentence.  Manfredi was to present several letters from jurors who convicted him of manslaughter that say the 20-year sentence the judge gave him — the maximum penalty — was “unjust” and “a miscarriage of justice.”

The letters were written by three jurors and an alternate in the case to Gov. William A. O’Neill about 14 months after Judge Thomas Corrigan  (Same judge for the trial of the murderer of Donald W.Gore)  sentenced Manfredi in December 1986.

Kelly said those letters convinced him to take on Manfredi’s case. “I was a prosecutor for over 20 years,” Kelly said. “What really intrigued me about this case was the unique position these jurors were taking regarding his sentencing. There was amazement and disagreement over the length of his sentence. I’ve never encountered that, and it was a major factor in my taking the case.”

Kelly said Manfredi hoped for a commutation of his sentence, so that he could be released and allowed to practice medicine in a clinic that would serve a poor community.  Kelly was quoted as saying…”Our position will be that here is a man who, at one time, was licensed to practice medicine in Connecticut,” “There are people in this state who can’t afford decent medical treatment. He, obviously, with the appropriate supervision, is available to do that.”

After his conviction and while he was free on an appeal bond, Manfredi worked as an AIDS counselor and educator at St. Joseph’s Hospital and Medical Center in Paterson, N.J. Kelly said Manfredi counseled thousands of patients and had to inform at least 500 that they had tested HIV-positive.

Response from the now deceased  Hartford State’s Attorney, John M. Bailey:

“I think the jury already gave him his break — they found him not guilty of murder,”. A murder conviction would have required that Manfredi be sentenced to between 25 years and 60 years in prison. “I have to live with that sentence of 20 years, and I’m going to do everything I can to make sure that sentence is completely served.”

Blah, Blah, Blah…. This guy is a murderer.. It doesn’t matter how brilliant he was… or that he struggled to get his education… or that his wife may have been a tyrant…. He killed her, he tried to cover it up… He thought he had a “get out of jail free card “because he was an MD … Not so….

And the saddest part of all..  All of those people on the “right side of the law” are now deceased including Hartford State’s Attorney Jack Baily, Judge Thomas Corrigan, Prosecutor, Herb Appleton and  Defense Attorney, Edward J. Daley.

As for the residence of 15 Winterset Lane in West Hartford, CT, as of 2007, it was owned and occupied by Beth Slosberg. Part of the bedroom’s wood floor was still bloodstained, Slosberg said….. She had been meaning to have it refinished, she said, but for now, the floor is carpeted and the horrible encounter of 22 years past “has not affected our life one way or another.” Beth  saw people slowing down as they drove by… curiosity seekers! Several years ago,  Dr. Henry Lee   visited the home with a Court TV crew to tape a segment about the murder investigation.

References: The Crime

http://articles.courant.com/1992-10-03/news/0000111729_1_sentence-murder-conviction-pardons;

http://articles.courant.com/1992-10-24/news/0000110822_1_pardons-sentence-utility-pole

http://articles.courant.com/2007-12-16/classified/0712130663_1_home-buyers-wall-street-journal-arrest;

http://www.nytimes.com/1986/10/27/nyregion/jury-deliberates-fate-of-physician-who-admits-killing-wife-in-fight.html;

Unlawful Death Suit

http://www.napil.com/PersonalInjuryCaseLawDetail39632.htm;

The “Catathmic Crisis”

ftp://disk.karelia.ru/public/i/ilove2b/%D7%D3%D1%CB%CF%C5/%C4%CC%D1%20%D0%D2%CF%C5%CB%D4%C1%20%

Ladyjustice recently fantasized in a blog comment, what a great moment it would be from the perspective of this homicide survivor, to see someone effectively de-throne and ceremoniously remove the judicial robe of the judge who ultimately ordered supervised visits of the Powell children with their father Josh, after he lost custody.  What a photo opportunity!  This writer would pay money to see that one!

To “be fair,” Ladyjustice is well aware that it was a particular set of circumstances that set the events in motion – like the domino effect… and not one sole person to blame.  However, the buck stopped with the judge, regardless of what or was not interpreted as “evidence.”

This brings us to the question(s), can a judge be fired?  If so, are they ever carried out?

The answer is yes…  According to Susan Smith of www.Fedsmith.com, an immigration judge (Levinsky vs. Department of Justice) was fired by the Department of Justice in    12-2006 for “sexist and ethnically insensitive generalizations and profanity.” The judge presided over deportation hearings of aliens who were previously convicted felons in Fishkill, New York.  A trial attorney filed a discrimination complaint against him for inappropriate communications which amounted to a discriminatory hostile work environment in violation of Title VII.   In practice, he was cited for “professional misconduct including poor judgment/use of profanity in the courtroom and expressing prejudiced opinions about various ethnic groups.”  The Chief Immigration judge recommended Judge Levinsky’s removal, which was altered to a 60 day suspension and then the full Board re-instated his removal.  Judge Levinsky attempted an unsuccessful appeal. Admittedly, this is not a “vey juicy” example.  Granted, this judge exhibited despicable behavior.  However, such behavior was not the direct cause of multiple homicide-suicide….

Very limited information was found on this topic when performing internet searches.  Ladyjustice knows there are a least a few thousand drug addicted, alcoholic or mentally deranged judges in our midst.  Why do we not hear of these cases at the very least?  Are they locked away in some sort of purgatory, perhaps? Judge Kathryn Nelson take note… You are now on the hot seat forever!

Defrocking of Priests

Let’s set the stage…. the serious consequences – that of unpriestly ways resulting in child molestation has been all too common for years.  In May 2010, the future Pope Benedict, refused to defrock the late Reverend Alvin Campbell of Illinois, even though Cardinal John Ratzinger followed church law, as “the abuser refused to go along with it.”

As told by Los Angeles reporter, Nick Allen for the Telegraph newspaper, “According to documents obtained by the Associated Press from court records, the cardinal wrote on July 3, 1989: “The petition in question cannot be admitted in as much as it lacks the request of Father Campbell himself.” The decision was in keeping with church law at the time and provides the latest evidence of how the system frustrated US bishops struggling to root out abuse.

Several decades old cases have recently emerged raising questions about decisions taken by Cardinal Ratzinger’s office in abuse cases. The Vatican has denounced what it calls a campaign to smear the pope and his aides.”

In fact, a quick and efficient defrocking was recommended to “spare the victim’s pain while still maintaining church law.” Bishops had the power to exercise various options such as removing abusing priests from the ministry, restricting their activities and/or contact with the public, as well as reporting their crimes to the police. With the explosion of abuse cases in the year 2000 and beyond, the Church shifted the blame to the media and advocates of abortion, characterizing the situation as “sin from outside forces infecting the church.”

Pope John Paul was clear in his belief in 1979 to all priests that “the priesthood cannot be renounced.” [LJ – NO MATTER WHAT!] Attorneys interpreted this to mean that the practice is,… “once a priest, always a priest” for it is so sacred you can’t kick these guys out according to a May 2010 account by Matt Sedensky of the Associated Press.  Although it was technically possible, the fact that the offending priest would not accept it carried more weight then the offense!  [LJ- ‘To have such power!]

Father Campbell’s History of Misdeeds

• His trial of sexual abuse could be traced back at least 15 years;
• He began his abuse as an Army Chaplin by exploiting his rank and position with a child under 16 whom he was supervising;
• Accounts reveal that Army officials were alerted to Campbell’s molestations but whether the presiding Bishop “was in the dark” is anyone’s guess;
• Campbell was “reprimanded” and left the service of his own volition;
• He returned to the diocese, became a pastor, left at least three assigned positions “for health reasons” [LJ- Creative phraseology for sexual abuse accusations];
• More of his sexual escapades came to light when one of his charges was treated at a rape crisis center. Evidently, Campbell had showered the boys with watches, video games, bikes etc. to entice them to his waterbed;
• The Springfield diocese has earned a reputation in national Catholic circles as a troubled, volatile place. The list of names of local clergy linked to scandals from homosexual and heterosexual affairs to embezzlement is a long one;
• Campbell was arrested, pleased “guilty but mentally ill”  admitted to molesting seven boys in Morrisonville Illinois… and perhaps up to 20 in total;
• He was sentenced in 1985 to 14 years in prison, but served only 7 years prior to his release in 1992;

Campbell died late in 2002, with a lawsuit by victim Matthew McCormick’s still pending in Sangamon County court. A year after Campbell’s death, the suit was settled out of court, and McCormick received a financial payment from the diocese.

Bishops “looked the other way” and appeared to be much more concerned with the damage to the diocese and their pocketbooks versus the true victims.  Routinely, when they attempted to remove child molesting priests from service, the cases would “stagnate for years” without a church trial and/or the priest’s cooperation.

Church officials continue to defend the status quo by saying that… “Both the criminal justice system and Canon law is complex… and designed to prevent wrongful convictions… But there is always room for improvement.”

Was it a matter of “pass the buck” up the chain of command in this classic case of abuse with Father Campbell? Officials representing a Survivors Network for Abused Priests believe that the ultimate responsibility lies with former Pope John Paul’s policies.  Over time, Canon law has undergone policy changes, most recently in 2003.

Involuntary defrocking has not existed since or prior to the 1970’s.  However, “if there is overwhelming evidence”, Bishops now have the authority to expedite such requests directly to the Vatican.” How often does this happen?  This writer has no clear answer…only speculation that it is far less often than child victims deserve!

And so it is… that whether we speak of judges who make bad decisions following the law or their conscience… or whether we mask criminal acts under robes …“in the name of God,” it’s all the same result.

“One of irony’s greatest accomplishments is that one cannot punish the wrongdoing of another without committing a wrongdoing himself.”
~Anonymous

Related articles

• Lawyer questions memory of Philadelphia accuser (cnsnews.com)
• 50 Reasons to Boycott the Catholic Church (alternet.org)
• Judge: Accused Sex-Abuse Priests Must Be Named (newser.com)
• Secret files on alleged abuse by Los Angeles priests expected to be public soon (mercurynews.com)
• Philly Priest Accuser Says He Withdrew After Abuse (abcnews.go.com)

Anna Doroghazi of Connecticut Sexual Assault Crisis Services is a public policy and communication professional… However, she well  knows that the stats in her report do not tell the real story alone…The personal heart wrenching stories of those courageous individuals who, not only suffer the injustices of maltreatment by virtue of their minority status…but also have experienced  a personal invasion of the worst kind…that of sexual assault.

Anna returned to “Shattered Lives” to provide valuable information on a specific case and enlighten us to the true plight of many marginalized populations who fall prey to sexual assault – the disabled, the LGBT community, Native Americans and immigrants; in addition to women and men experiencing intimate partner violence- the Violence Against Women Act.

Listen to the Podcast:  CLICK HERE:

• An overview of CONNSACS;
• An Update on the State vs. Richard Fourtin Case

The lynchpin…How the state defines the term “physically helpless;

• Fear and defending oneself during sexual assault;
• Delilah asks, What if the victim was not physically disabled?
• Making a case for a special circumstance…
• New Legislation: Goal to amend  the definition of “physical helplessness;”
• Retroactive changes???
• One of the most important pieces of Federal Legislation for those experiencing DV and Sexual Assault-The Violence Against Women Act- An Overview…;
• Senate Bill 47 – A Resurrected Bill…
• To help advocate for this issues visit this website daily -  www.4vawa.org/
• Delilah speaks on Susan Murphy-Milano’s past involvement with VAWA and her probable message today;
• Protections against marginalized communities with the new VAWA…. THE SHOCKING STATS;
• Jurisdictional issues with Native Americans… and why we see so much sexual violence;
•  Prosecutions, resources, geographic isolation;
• “A misdemeanor murder” on the reservation…. Flagrant oppression;
• Prosecution rules and helpful solutions…;
• Why is the incidence of sexual violence so high?
• General disability stats and adults with developmental disabilities;
• Chat room  comment – Disabled upon disabled crimes…it starts with information;  The myths about sexuality and the disabled;
• VOCABULARY – an illuminating and tragic story;”                        “My Stomach Hurts;”
• The degree of assistance…and respect;
• The LGBT Community, violence and fear of “coming out;”
• Feeling unsafe when they seek help … an open invitation for offenders…
• Human Trafficking in Connecticut – CONNSACS and the Permanent Commission on the Status of Women;
• The risks of immigrants who are sexually abused;
• Government’s response -U-Visas giving temporary legal status to victims;  (See attached for further information)
• http://www.usimmigrationsupport.org/visa-u.html;
• Connecticut’s sexual assault legislative goals for 2013;
• Contact Info: www.connsacs.org/;

Related articles

• Collins, King co-sponsor new effort to fund Violence Against Women Act (bangordailynews.com)
• The Violence Against Women Act is on life support (washingtonpost.com)
• With Rape Leading Headlines, VAWA Stalls at Home (blogs.forward.com)
• Notre Dame: Another Reason to Reauthorize VAWA (blog-aauw.org)
• Dear Congress: Let’s Get Moving Together! Reauthorize VAWA Now! (amnestyusa.org)

The multi-faceted Denise Brown…. English Professor in Lyndonville, Vermont, mother of twins, former corporate wife“ to a former Connecticut senior executive, editor of “North Country Cooking” Magazine has yet another credit to her name… Homicide survivor and author of “The Unspeakable” based on the 1998 Connecticut Lottery mass murders.

After her husband Otho Brown was chased in his workplace parking lot, shot three times, laying dead on the pavement adjacent to the former Connecticut Lottery building and the woods…Denise Buel Brown did something unpopular in the aftermath. When an educational fund was initiated for her son and twin daughters, she actually asked for more…Whether you think how dare she…or good for her, Denise’s aftermath admittedly was colored by alcohol rage and brutal honesty.

In fact, Denise wrote about the mass homicide in her memoir called, “The Unspeakable” (December, 2006) begun as a compilation of journal entries.

Brown seemly makes no apologies…Rather, she readily admits, she “was no role model” even before the formerly most recognized mass murder spree in Connecticut.  In a University of Delaware alumni article (March 2007) she is described as living the life of “a pampered corporate wife” thrust into the role of a bewildered widow.” At the time of her husband’s death Denise planned to earn her PH.D. in English at her alumni school, UD. Rather, she sought refuge at their Vermont home. “Unspeakable” gives detail to her romance with “Ott” Otho Brown versus the gruesome details of the crime. Author Brown sets the stage in her book by delineating its purpose in a straightforward manner: 1) “To contribute a counter voice to the love song of violence we so willingly sing in our society;”2) To illustrate the devastation of a family with a father suddenly gone; 3) To offer comfort to those who have suffered as well, to show how we survived.

Ms. Brown speaks occasionally on this topic after nearly15 years. She will be a featured speaker at the Melanie Ilene Rieger Memorial Conference on June 2013.

Prior to the Newton, CT mass shootings on December 14, 2012, the Connecticut Lottery shootings on March7, 1998 was the most heinous with the greatest number of fatalities to date, killing four senior employees prior to the perpetrator, Matthew Beck committing suicide.

The method, in which such events are reported, differs greatly in today’s world.  In 1998, fact checking took priority over reporting “whatever you can get, as quickly as you can get…..and be damned with the details. It may be analogous to the difference between using a classic Royal typewriter and any social media website.  There’s no comparison…

Referencing the series of Pulitzer Prize winning articles authored by 1998 Hartford Courant staff writers and the New York Times the following comments concerned television coverage of the lottery disaster:”

Deborah Johnson, Channel 3′s assistant news director, said it was more important to confirm the deaths and make sure families had been notified than to be first with that information.”

“Although stations provided much useful information, there also were some minor factual errors and a few other glitches. The danger of live television, especially in cases where reporters and anchors have a lot of time and little new information, is that correspondents make mistakes, offer uninformed speculation or discuss their own feelings about the sad event”                                             

Here is a list of salient features of the mass shootings below. This story is indeed incredible as you will note at the conclusion, for it is so very illogical, begging the question, Is there any price in which a person’s life is worth taking?  In a civilized society, we say never…but in practice, we witness something very different!

Circumstances of the Shootings…

Mr. Beck arrived at the office as it opened about 8 A.M., having made his 40-minute drive from his home in Ledyard. About 8:30, he showed up at an office where Ms. Mlynarczyk was meeting with several employees and discussing some new software, said Karen Kalandyk, who was at the meeting, She said Mr. Beck stood in an open doorway and directly faced Ms. Mlynarczyk. ”All of a sudden, he put his arm up and we saw the gun,” Ms. Kalandyk said. ”He just aimed the gun right at her, he said, ‘Bye-bye,’ and he shot her three times. Mlynarczyk.  was found dead, in a seated position, with her face on a conference table in a front office.

Lottery President Otho Brown, 54, and former New Britain Mayor Linda A. Blogoslawski Mlynarczyk, 38, were among the victims of what is believed to be the state’s deadliest workplace slaughter. Also killed was Frederick Rubelmann III of Southington, 40, vice president of lottery operations and administration; and Michael Logan, 33, of Colchester, the agency’s information systems director. Mr. Logan had denied Mr. Beck his grievance in a first hearing last year.

Friends of Michael Logan stated, “He was a computer wizard. He was constantly helping people with their personal computers. People at work did love him,” “He was a perfectionist. Everything he did was done very thoroughly,” “There was not a nicer guy you could meet anywhere.”

Linda Milynarczyk appeared to be irrepressible… (Similar to Ladyjustice) She combined number-crunching with a love of public service. As a certified public accountant, she took a job as chief financial officer of the state lottery in September 1996, 10 months after losing out on a second term as mayor. A month into her term, she managed to escape injury when a small plane flown by her future husband, Peter Mlynarczyk, sputtered and crash-landed in a Middletown cornfield. By the time a reporter arrived at the scene, the mayor was snapping photos of the plane and laughing about her good luck. [LJ-Wow!]

“If I’ve learned anything, it’s that sometimes you can’t sweat the small stuff,” she said at the time. “Compared to New Britain politics, I would face this again any day.” 

“We heard, ‘pop, pop, pop.’…Beck showed no emotion as he systematically sought out and killed superiors who had been involved in a union grievance he filed last year

Beck shot Rubelmann inside the building as he tried to direct workers to safety, police and witnesses said…. Outside in the parking lot, Brown was screaming for workers to run into the woods behind the building. From about 50 yards away, workers watched helplessly as Beck chased Brown into an overflow parking lot that was empty of cars.

Then Otho put his arm up in the air.” Brown, lying on the ground, pleaded for his life. Beck stood for a moment, breathing hard, one pant leg stained with blood. He leveled his pistol at Brown.

And then he just shot him, twice,” said accountant Marion Tercyak, her voice breaking as she recalled the scene. “People were screaming and crying in the woods. Ott was lying on the ground. Matt walked around him, still pointing the gun at him, and shot him a third time.” There was no expression on Matthew’s face,” “Nothing.”

Then, as a police car screeched to a halt nearby, Beck raised the gun to his own head. Two shots were heard. Beck crumpled to the ground.

Prior to the Shootings…

In the hours before Matthew Beck hunted down four top lottery officials, he would place at least two telephone calls. One was to a newspaper reporter; the other was to his union steward to find out how much longer it would take to resolve a grievance against his employer.

Beck was a 35-year-old man who friends say had tried to kill himself, who had taken four months away from work because of stress, who had a permit to carry a gun and boasted in a resume about being “skilled in a variety of weapons” and having “received tactical response training and situational analysis Beck had been very depressed for the past year and seemed to be harboring a lot of anger. He returned to his job only 10 days before the shootings.   

His supervisor, Karen Kalandyk, said that when Beck returned to the office last week, he seemed different, shunning small talk with his colleagues. “He was like talking to a stone,” Kalandyk said. “Some people were afraid of him. I wasn’t, but I guess I was wrong.”[LJ “I guess I was wrong…I guess I was wrong… I guess I was wrong…”]

He cut his hair in a military style; he already was losing his hair,” said John Krinjak. “He seemed to lose weight. He had a very severe look about him. Beck, who never married, enjoyed guns and had quite a large collection,

At the Beck family home in Ledyard, a sticker on the front screen door of the light blue cape reads: “Warning!! Trespassers will be shot. Survivors will be shot again.”

Said Joseph Mudry Jr., the steward at the Administrative and Residual Employees Union, “Beck gave no indication of any deep hostility when he spoke with him about 9:30 a.m. Thursday.

Beck wanted to get out of the lottery division. He had applied for several other jobs, including positions at the state auditors office and Central Connecticut State University. “He just didn’t feel comfortable working with the lottery,” Mudry said.

Brown had steered the gunman away from frightened employees like herself.

“I think Mr. Brown knew what was going on. I think he was a hero,” said O’Neill. “I’m sure he saved a lot of people’s lives today.”

The Crux of the Matter: Exposing Flaws and a Two Dollar Raise…

Beck was performing a computer-related job in Logan’s division but was still being paid as an accountant, a position that generally is paid about $2 an hour less than the computer job, according to state records. Beck earned $45,400 a year.

State police believe that their investigation will showed that Beck was deeply resentful about the way his grievance was handled and the way he perceived he was being treated. The victims did not appear to be targeted randomly and were all involved in the grievance process.

Linda A. Blogoslawski Mlynarczyk, who was the lottery’s chief financial officer, met with Matthew Beck on Feb. 27^th, one week before the shooting to discuss his new duties working solely as an accountant.

Otho “Ott” headed the entire operation. His signature is on a letter offering Beck a job in 1996. “Congratulations,” Brown wrote. “I look forward to working with you in this new venture.”

In dollars and cents, Beck’s grievance does not appear to be about huge sums of money. According to state payroll records, the difference between the data processing jobs Beck was doing and the accounting job was, on average, about $2 an hour.

Beck had already won on a critical point — that he had been doing duties not in his job description, union officials say. The negotiations over how much back pay he was entitled to were just beginning.

“He was unsure when he was going to get his money,” said Joseph Mudry Jr, his union steward.

Lyn Bixby had the gambling beat at the Hartford Courant, conversed on the phone and met in person with Beck about “exposing the flaws in the system”.

Matthew Beck said he wasn’t working at the time because he was on a medical leave for stress. He was upset over the way he had been treated at work, but mostly he said he wanted to expose flaws in the system that compromised the integrity of the state lottery. One of Beck’s issues was the lottery’s long-time practice of using inflated jackpot amounts in Lotto advertisements to spur ticket sales. Another of his concerns was that some lottery clerks had been cheating the system by “fishing” for winning instant tickets. They would randomly punch code numbers into the lottery computers and take the cash when they came up with a winner.

“Who knows what would have happened if I had been in the office, Bixby said…

Postscript by Ladyjustice:

Such a sad needless loss of life and a failure of “systems to recognize and be proactive”…. But 15 years later Connecticut is reminded again.  Is the very real credo of union’s language about “working out of class” worth a life?  Not on your life!!! There is another relevant description for state employees’, which guides all of us in state government, reminding us that we need to pitch in at time … And other duties as described.” Those of us without a grudge know it’s there in our job descriptions, and do the tasks anyway…

Related articles

• Sandy Hook and Pre-emptive Civilian Disarmament (informationliberation.com)
• “Nothing You Do For Children Is Ever Wasted.” The Connecticut Connection (donnagore.com)
• The Hartford Courant editorial: Sandy Hook pictures would change debate (pantagraph.com)
• Criminal Disarmament of the People (lewrockwell.com)
• A laurel to the Hartford Courant (cjr.org)
• UConn/Courant Poll: Post-Newtown, CT Favors Gun Control (connecticut.cbslocal.com)

This writer had the unique opportunity to be a guest for the initial reading of “Project: Turnpike,” a creative work, a “play in progress” based on the topic of human trafficking from the book, “The Berlin Turnpike.”   Human Trafficking is now in the forefront…and it exists in every state and virtually every country globally.

For those born and bred in Connecticut…who used to go to the Berlin Drive-In, dressed in jammies excitedly ready to see a movie from the car, are somewhat taken aback that this occurs now…and has occurred in the past, literally in Ladyjustice’s backyard!  How uncomfortable and shameful a feeling!  After all, this is Connecticut… supposedly the wealthiest state in the United States!

First of all, the play was presented in the historic, former retail store turned Capital Community College in Hartford, known as the old G. Fox & Company….a staple for those of us growing up in Connecticut. This gorgeous 1930 art deco style architecture took Ladyjustice back to her early childhood in the 1960’s.   Seeing the transformation into a practical, stylish 11 story building for the first time… after all these years was truly enthralling! Take a look at history….   http://www.chs.org/finding_aides/fox/welcome.htmls

The second part of this amazing experience was the opportunity to meet one of the playwrights, Debra Wright (in the elevator), in addition to the wonderful author (and guest on “Shattered Lives,”), Ray Bechard.

To listen to the podcast of Shattered Lives interview with Ray Bechard: CLICK HERE

The expansive auditorium was the backdrop to the small, purposefully sparse stage…. No scenery to distract from the acting.  However, such a situation is a heavy burden on actors with only a book of dialogue, a music stand for support and their raw talent.

The cast of characters included “Magic,” the hustler-pimp; and his charges… in different stages of degradation and servitude, living and working along a series of motels and businesses known as the “Berlin Turnpike” (Route 15).  Other characters were known as Andy, Helen, Rose, Caz and Rayne.”  The plot surrounded the indoctrination, the luring of a new victim, “charmed and snapped up quickly” right from the Union (train) station.  The new girl in town is from Vermont, and as naive as a dairy farmer’s existence can be…..   The other more seasoned and hardened women proceed to acquaint her with the facts of life regarding exploitation.

In the beginning, the new young recruit is mesmerized by Magic’s charms and does not yet see his toxic side.  Throw in a woman from Bosnia (who sounds just like Natasha from the Bullwinkle cartoon) who is his recruiter, “main woman” and also in love with Magic…… and it makes for one sickening recipe for disaster!  Did this writer mention that Magic has a perfectly charming family including kids at home who believe he works for the CIA?

Different characters try to obey, try to stay alive and recount their worst experiences for the newbie. To add more spice, one woman who has been kept around longer than usual, finds herself pregnant…and is planning an escape….  Does she make it out? What happens to the newbie?  What becomes of this group?  Ladyjustice’s lips are sealed….

Kudos go to actors Maggie Erwin, Warren Hawk, Jessica Moss, Lily Narbonne, Julia Rosenbaatt, and Patrick Sullivan.  Further kudos go to writers, Cindy Martinez, Debra Walsh and director, Steven Ginsburg!  Congratulations to HartBeat Ensemble and Capital Community College for embracing controversy and real topics!

As a work in progress, the Director asked for feedback from the audience. The play will be re-worked with a second reading under the watchful eye of Connecticut author, Ray Bechard.  And then… in 2013, the final play in its entirety, will spring forth for the world to see…  Stay tuned!

Links to check out:

http://hartbeatensemble.org/2012/project-turnpike-origins/;

http://theberlinturnpike.com/buy-the-book/

Parting words… What did Ladyjustice think of the play?

‘Just fabulous… It really makes you think…and appreciate!

The raw truth about human trafficking:

Enthralled, Amazed and Confused…..”The Project: Turnpike” Experience

Ladyjustice believes that the name Betty Broderick could be synonymous with snake venom. Dan, in turn, was a psychological manipulator and a philanderer. Betty exacted what she thought was the ultimate revenge… and received 32 years to life for second degree murder in the killings of her ex-husband ,Dan Broderick and his new wife Linda as they slept in their bedroom. Both used their children as pawns in a dangerous game of cat and mouse…. San Diego would never be the same…

The landscape of this case is so convoluted, so volatile, and so contentious that a blog would be pages and pages long to capture the story in its full scope.  Rather, this author chooses to present a particular focus and “fascinating facts” to leave the reader hopefully wanting more…  In addition, we will visit one authority on “the female narcissist.”

To begin with, Betty was not deprived in any material sense.  She was the third of six children, whose father was a successful New York building contractor.  Hired help was the standard in addition to private Catholic schools. Dan Broderick was the oldest of nine children, a Navy reared, strict Catholic family as well. Betty and Dan married in 1969.

Betty was very intelligent, but appeared to buy into the 1950-60’s housewife and mother fantasy, supporting her man.  However, the sacrifice wasn’t worth the final outcome.   So the story goes… Betty did everything a good Catholic wife should do.  She climbed the social ladder with her husband’s occupational prominence as a physician and later a malpractice attorney with Betty working several jobs as the breadwinner prior to making his fortune.

Dan got bored and his eye wandered to a younger model. No one could have predicted the extent of Betty’s wrath. After 16 years of marriage, Betty was tossed aside. Dan continually lied to her regarding an affair, saying she was crazy…. Concerning his relationship with a newly hired assistant. She was told she was “old, fat, stupid and boring.” A suicide attempt… ‘Attempts at perfection to please her husband. Betty became that crazy person Dan told friends about…

Craziness…she rammed her car into his home, scrawled “God” on court documents where his name should appear, and left obscene phone messages for her 11 year old son to hear.

Support payments were hefty, after a four year ferocious court battle orchestrated by Dan, Betty was relentless in her harassment. Dan fined her $100 for every obscene word used.  She was jailed and briefly committed to a mental hospital.  Dan was the head of the San Diego Bar Association during their troubles, and consequently Betty had difficulty finding someone to represent her… in addition to her narcissistic personality and irrepressible anger.

Betty had four living children, one baby who died and three miscarriages with Dan. As horrible she was, Dan harassed Betty for years using his knowledge of the medical and the legal system to his best advantage.

Epstein credits refer to a California law encompassing the time period until a divorce is finalized. During that time, one of the spouses will pay all expenses incurred regarding community property. After the decree, the spouse who paid the expenses is allowed to request reimbursement for half of the monies spent, beginning at the date of separation.  Reportedly, due to Dan’s legal ploys and delays, the judge took Dan’s word for the final accounting, with another $5,000 deducted at show cause hearings for use of bad language.  Half of Dan’s pension -$240,000, could not be claimed until age 65. Her final award from her “multi-millionaire hubby” was less than $30,000.

Media accounts such as the “American Justice” program and the TV movie “A Woman Scorned” portray the destructive antics of Betty very heavily and paint Dan as “Mr. Clean.” However, it becomes perfectly clear that when actual videotapes are seen of the real Betty testifying, she appears self-centered and stark-raving mad…deflecting ALL responsibility toward her ex-husband.  In truth, whether she was mentally ill or “crazy like a fox,” it was tit for tat with each spouse creating the toxic relationship. Dan even predicted his own murder…

BUT… What can be said about the Female Narcissist?   Sam Vaknin,  (author of Malignant Self Love: Narcissism Revisited provides comprehensive information on narcissism and the narcissist).writing and videotaping for the HealthyPlace: Trusted Mental Health Information  on Gender and Narcissism , states that most narcissists are males (75%) with very few gender differences noted.

The primary role of the narcissist is to use everything around them for their narcissistic supply.

According to Vaknin, female narcissists focus on their physical appearance-flaunting their attributes and culturally determined role. He goes on to say that they… “Secure their narcissistic supply through their more traditional gender role via taking care of the home, children, suitable careers (“the wife of___”), their feminine traits and role in society. They depend so much on the opinions of others around them that, with time, they transform into ultrasensitive seismographs of public opinion, barometers of prevailing winds and guardians of conformity. Narcissists cannot afford to seriously alienate others in the process of reflecting their false self…  The very proper and continuous functioning of their ego depends upon the goodwill and collaboration of their human environment.”

Some narcissists feel guilt and wish to be punished, playing out roles such as the “bad girl” (which fall within traditional expectations) as a means of getting attention. Female narcissists tend to resort to therapy and admit psychological problems.  They also treat children as extensions of themselves and Mr. Vaknin believes that female version fights to maintain control and dependence in her children, because she has limited options compared to men.  Male narcissists tend to view children as a nuisance…. It’s all about filling her insatiable narcissistic supply.

After reviewing many sources, Ladyjustice concludes that:

1. Dan and Betty Broderick were their own worst enemies- both flawed at minimum and perhaps sociopathic at the other end of the spectrum;
2. Given Dan’s selfishness, manipulation and role as a user of younger women, Betty could NEVER have resumed her self-defined trophy wife status. She was yesterday’s news in his life;
3. Their four children were the saddest victims in this entire ordeal. Split 50-50 at Betty’s 2010 parole hearing, Betty used them as pawns, never caring about how the couple’s destructive behavior impacted them.  NOR did she express any remorse even after 20 years of incarceration!

American Justice Excerpt: (recording of phone conversation with Betty and her 11 year old son.  This is he real Betty ….  Even Ladyjustice is shocked! http://www.youtube.com/watch?NR=1&v=Is8vUAUDwZs&feature=endscreen

(***FAST FORWARD to 5 min, 40 seconds and play through 6 min, 24secs)

ENOUGH SAID!

References:

http://www.latimes.com/la-me-broderick3jun0390,0,3558223.story

American Justice:

http://www.youtube.com/watch?v=M7TtN9k6pUY Parts1-5;

Her Final Fury

http://www.youtube.com/watch?v=M7TtN9k6pUY;

http://www.helathplace.com/perssonalitydisorders/malignanrself-love

An open wound that never quite heals…. Submerged memories…Unimaginable loss…. ‘Life altering changes, broken hearts, minds and souls…. Such is the make-up of a person who has been visited by violent crime…

When such a victim puts their trust in the system that is supposed to help them achieve a new normal and a new start at healing, we believe because we are vulnerable, we have no reference point for this series of events…  Our “rudder in life” has been irreparably damaged. To believe the experts at our greatest point of vulnerability and grief…. Is to dance with the devil….  Sometimes…years down the road we learn the true realities concerning what the criminal justice system doles out… Such a reality is being thrust upon Ladyjustice’s family.

To be able to comprehend and navigate such a process is difficult at best when the phone call and/or form letter arrives.  It is invaluable to have the services of a skilled victim advocate, prosecutor, and crime victim rolled into one.  This person is Michelle Cruz.  She knows from whence she speaks… She doesn’t just speak…. she feels a victim’s pain.

During this episode of “Shattered Lives,” Delilah takes over the reigns to interview Ladyjustice and Michelle about this very personal topic…

To listen to the Podcast: CLICK HERE

•       Introduction to guests and topic by Delilah;
•       Introduction to the background of the murder and Ladyjustice’s   decision to become an advocate for her family and other crime victims;
•       An outline of the circumstances…
•       Delilah asks what is the normal process when someone goes through once a victim is notified?
•       Michelle explains the process and the fact that parole hearing are public?
•       Why does he get parole now?   I thought he wasn’t getting out…
•       Delilah brings up the point that victims may not know how or what questions to ask or know how to get the proper information;
•       “The bandaid’s ripped off … it’s not really 50 years served …it’s 26 years;
•       Questions elicited in the process of brainstorming …different for every family;
•       Can a family’s wishes be videotaped for the future…particularly with elderly family members who may not be around for every five year interval;
•       Ladyjustice’s feelings regarding the perpetrator’s responsibility at the parole hearing…
•       Information is power… the process does not have to be as horrific as you think….
•       Creating new ground…thinking out of the box …educating the parole board and future victims;
•       Policy matters and short notice to the victim;
•       Ladyjustice’s information regarding what “lifer’s” typically do… to apply or not to apply for parole;
•       The Connecticut Parole system… If you happen to be a victim whose offender’s hearing is in prison clearance is needed…How would a family know?  The notification falls short…
•       Where is the balance in the system… a discussion about victim -centered system versus otherwise… verbiage versus tangible rights…
•       The Constitutional Rights of Victims..;
•        Factors that come into play…. Limited staffing, lack of knowledge of parole hearings,  being emotionally overwhelmed;  transportation, safety issues etc.
•       Michelle’s offer to send her e-mails to respond to questions and explain the process; Contact Info: 860 415 6529 (MLAW) AttyMichelleSCruz@yahoo.com
•       BOTTOM LINE: Keep asking questions and locate the right person to advocate and explain the process until you understand!
•       “We told the victim this… we had this conversation (“i.e. Don’t ask anymore questions…We’re busy”
•       Explaining the legal concept of “joinder”…extraordinary circumstance in this case… That’s why we’re in the law books!;
•       Explaining concurrent versus consecutive sentences…
•       The old goodtime credit… receiving good time up front; If you don’t behave, good time SHOULD be forfeited;
•       New crimes committed while in prison…to be served consecutive AFTER he gets parole
•       What is good time anyway… back in the day versus good time currently?
•       You can write your name on a list and get goodtime credit;
•       An example of when good time works well- getting a GED;
•       An example when it isn’t effective… “The History of the Philippines” course;
•         Counseling session…enough to rip the bandaid off but not enough to make them successful    Another example..;
•       Programs have the potential of being  equally beneficial  to crime victims  AND prisoners…
•       College courses as an example of being equitable…
•       Victim Compensation…It’s available…. A 2 year limit in CT,       3 years in Mass;  Other considerations for older cases…
•       Is Ladyjustice’s case an unusual case?  Lying to victims about sentencing… a mathematical calculation and changes over time;
•       Earned risk reduction credits 60 days off per year…and the true case of 60 years for murder without good time- the perpetrator’s sentence is a lengthier more true sentence;
•       Discussion of the nature of the prisoner’s crimes in prison…
It’s allowed in this public forum;
•       Discussion of whether the parole board members really care about the victims…
•       Twenty- six years is not enough….  How do victim’s summarize that length of time?
•       Discussion of the importance of having a voice in the process…however you chose to do it- ways to participate;
•       Delilah’s statement regarding the importance of this show and blog to assist others who may have to  go through the process in the future;
•       Ladyjustice’s closing statement and thank-yous;

Questions that may be elicited from this podcast:

•       Despite being a knowledgeable advocate, why are there so many questions?
•       What does notification really mean?
•       If your offender committed a crime many years ago, are we notified?
•       What types of questions and needs are important to the victims?
•       What happens if other family members do not want the perpetrator to hear their victim impact statement?
•       Why such short notice for victims?
•       Balance and equity in the system- Where is it?
•       Can we achieve equity in terms of the rights of the perpetrator versus the victim?;
•       Does Michelle advise victims to hire an attorney to represent their interests?
•       Defining terms – concurrent, consecutive, determinant sentencing versus indeterminant; the legal concept of “joinder”?
•       When should joinder be used?
•       ***How does someone receive GOOD TIME when they continue to commit crimes while still in prison?
•       Are programs for prisoners helpful…or not?
•       What are the factors that may contribute to victims not knowing about victim compensation?
•       Promises, promises… What has been the most difficult part of Michelle’s role in her former position?
•       How can a crime victim keep track of the offender’s sentence re parole eligibility date using the DOC website?
•       Are victim’s allowed to know the nature of prisoner’s crimes in prison?
•       What does the parole board expect of the crime victim’s role during the hearing?
•       Why is it so important to be prepared…and what are the reasons for doing a victim impact statement?
•       If the perpetrator has a short sentence is it worth it?

Law offices of Michelle S. Cruz:

860 415 6529 (MLAW) AttyMichelleSCruz@yahoo.com

Parole Hearings:  A Prisoner’s Gift; A Crime Victim’s Nightmare…

This writer has a million examples of liberty and justice compiled over a long period of time. My blog is a microcosm of such examples written about over a year’s time. Ladyjustice will provide  a short list of such examples below,  focusing in on the Liberty and Justice part, in hopes that others may be interested in reading more….

LIBERTY:  Bengali women are now able to escape human trafficking since their pre-teen years by learning job skills and making handicrafts to earn real wages versus the degradation of the sex trade.

JUSTICE: Pobitra, a job training program and Pokritee, a product design and development company,  are giving women courage and the tools to escape this destructive way of life!  Ten Thousand Villages, a fair trade retailer working with 138 artisans in Africa, Asia, Latin America and the Middle East showcase these brave entrepreneurs!

Visit: http://donnagore.com/?s=Ten+Thousand+Villages;U

LIBERTY: Daniel Hernandez, Jr, a former Upward Bound student had the fortitude and courage to act quickly to save the life of Representative Gabrielle Giffords during the murderous rampage in Arizona.

JUSTICE: Representative Giffords survives and continues to make progress in her recovery (In fact, a new book written by her husband and she will be published soon). Ladyjustice has a special place in her heart for the Daniel Hernandez Jr’s of the world and the Upward Bound Program in Imperial Valley California (the poorest county in the U.S.)  LJ showcased this very program.

Visit:  http://donnagore.com/2011/02/22/el-valiente-the-brave-one/

LIBERTY: As the hearts and minds of our nation were torn apart after the terrorist attacks of 9-11, one group took on the President and Congress, demanding action when they initially chose not to investigate.

Justice:  Mary Fetchet, Founder of Voices of 9-11 provides comfort, support and advocacy to many, many victims and continues to lead the charge for lasting change!

Visit:  http://donnagore.com/2011/11/02/mary-fetchet-%E2%80%93-a-911-voice-extraordinaire/

Liberty: A dignified woman and former social worker from Connecticut became a violent crime victim in an instant, 22 years ago when her son, on the brink of marriage was murdered so tragically and totally unprovoked by a narcissistic killer who spent years and years on the lamb, hidden by his wealthy family.

Justice: After 22 years… using local, state and international resources, Addie Carone finally got a piece justice after Adam Zach, the perpetrator, was located via a family member in Mexico where Zachs had taken on a new identity, married and had children and a business.  Zachs is now incarcerated for the first time in his adult life…. as well as his father for adding and abetting a fugitive.

Visit: http://donnagore.com/?s=Twenty+Seven++Minutes+for+Twenty+Two+Years+of+Agony+for

Liberty: Crime Victims are held hostage their entire lives by the personal violence experienced and any successive violence, as it often opens up the wounds.  One of the best ways to deal with this is to attempt become healthier by advocating for others in the name of their lost loved one.   Case in point:  The Melanie Ilene Rieger Memorial Conference against Violence.

Justice: Sam and Wanda’s daughter Melanie was a nurturing person and had aspirations of being a social work.  Melanie’s ex-boyfriend had other tragic plans for her… plans of intimate partner homicide.   See Ladyjustice’s tribute to their 15th conference in her memory, this past spring.

Visit: http://donnagore.com/?s=Melanie+Ilene+Rieger

Thank you for the opportunity to share!

With the help of all advocates collectively, may we continue to see more examples of justice obtained rather than justice denied!

Donna/ Ladyjustice

www.donnagore.com

“IT’S NEVER COME UP BEFORE”

WHAT HAS TRANSPIRED IN 32 YEARS?

WARNING! Just because something is documented on paper…does not necessarily mean that it will be attended to, embraced philosophically or implemented correctly or incorrectly…

Such is the case with Federal Constitutional Rights and state’s rights passed in nearly all 50 states for victims of violent crime. Thirty two years ago, with few crime victims’ rights and very limited victim services, the awareness began after President Ronald Reagan was shot in an assassination attempt, and realized there was no system to care for crime victims. National Crime Victims’ Rights Week was created. In 1982, the President’s Task Force on Victims of Crime produced a Final Report and 68 recommendations that provided the foundation for victims’ rights and services in years to come; Office for Victims of Crime within the U.S. Department of Justice established in 1983.

The focus was treating victims with dignity and respect, implement their rights under law, and educate the public about the impact of to improve our nation’s law enforcement, criminal justice and community response to offenses that, previously, were considered merely “family matters.” Without the vision and leadership of President Reagan, there would be NO:

• National Minimum Drinking Age Act, which provided strong incentives to states to raise their minimum drinking age to 21 – the national law today.
• National Center for Missing and Exploited Children that was established by President Reagan in 1984.
• Victim/witness programs within all U.S. Attorneys’ offices, and within the Federal Bureau of Prisons.
• National Child Safety Partnership with 26 member organizations to enhance private sector efforts to
• promote child safety and public awareness of child abuse;
• Greatly needed public attention and funding to victims of crime in Indian Country.

State of Connecticut Constitution Article XXIX – Rights of Victims of Crime

• In all criminal prosecutions, a victim, as the general assembly may define by law, shall have the following rights:
• The right to be treated with fairness and respect throughout the criminal justice process;
• The right to timely disposition of the case following arrest of the accused, provided no right of the accused is abridged;
• The right to be reasonably protected from the accused throughout the criminal justice process;
• The right to notification of court proceedings;
• The right to attend the trial and all other court proceedings the accused has the right to attend, unless such person is to testify and the court determines that such person’s testimony would be materially affected if such person hears other testimony;
• The right to communicate with the prosecution;
• The right to object to or support any plea agreement entered into by the accused and the prosecution and to make a statement to the court prior to the acceptance by the court of the plea of guilty or nolo contendere by the accused (i.e. A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.);
• The right to make a statement to the court at sentencing;
• The right to restitution which shall be enforceable in the same manner as any other cause of action or as otherwise provided by law;
• The right to information about the arrest, conviction, sentence, imprisonment and release of the accused.

This information would lead one to believe that these rights are well known to the law enforcement community, judges, prosecutors, defense attorneys parole board officials and all crime victim advocates….Ladyjustice is here to say… if they know the information…they are NOT being put into practice. What have all of these people been doing for 32 years? As we learned this week, it appears quantitatively and qualitatively… next to nothing… Government judicial agencies have procedures to guide them. The State of  Connecticut has reams of Freedom of Information regulations which prisoners have access to… In fact, our state serves as the model with the distinction of the most complex, “bend over backwards” body in the nation re FOI.

We learned that any documents within a prisoner’s file (or information re the crime victim’s family) housed at the pardons and parole facility or DOC is in fact public information. Rather, some information is “protected” if it is sent to the Office of Victim Services.

Ladyjustice’s family was forced to endure the prisoner’s right to apply for parole, regardless of the heinousness of his felonious crimes and appear before the Board of Pardons and Parole with two to four weeks notice maximum …. Notification is still a blur …[Refer to “Shattered Lives” episode “Parole Hearings – A Prisoner’s Gift, A Crime Victim’s Nightmare” http://donnagore.com/2013/04/14/parole-hearings-a-prisoners-gift-a-crime-victims-nightmare/

Summary of Events Before the Hearing

OMG! Welcome to my Nightmare… What do we do now?

Receipt of Notification by phone and a form letter… a million questions came to mind… Ladyjustice was put on hold many times, as the assigned advocate appeared to be unsure of the answers; Research, research, research In order to prepare, you want to find out details of the inmate’s former crimes and activities, via judicial internet sources. KEEP ASKING QUESTIONS up the chain of command until you receive satisfactory answers and know your rights (Above) Accountability!  WHY?? In the considerable intervening years of incarceration, laws may have chained, memories fade “facts” are really “half truths” etc…

The Reality (Advice) If you get stonewalled and cannot get adequate information, it is vital that you secure the services of an experienced advocate and/or attorney who specializes in crime victim rights. Such a person can truly represent your interests, as “the system” is heavily weighted toward the perpetrator. In our personal experience, you do not have to have a million dollars to get adequate assistance; terms are often workable and reasonable, as the focus is on justice and not attorney-advocate’s fees. If all they discuss is money, look for someone else!

Recommendation:

What we learned that was new:

The nature and seriousness of the crimes while incarcerated and activities of associates (Attempted murder of correction officers, causing a riot , car theft , the number of “tickets” infractions over the years makes one realize how much in the dark the victim’s family really is)…without an intermediary.

Questions that will typically NOT be answered up front: (Even when you are the legal family representative to be notified) Examples: The number and type of programs the perpetrator has completed; Will his family be attending the hearing or the other families which he murdered/harmed? Is he in good health? Does he have family/community support and an “Exit plan”? If released, in what town will he be residing? May I have protection?

WHY NO answers when you are worried and scared when so much is at stake? Sometimes…it’s due to the DOC Commissioner’s philosophy on prisoner confidentiality; or… It’s never been done or asked before!

What Else To Do In Preparation…. Ladyjustice needed help to organize and relay questions to the correct sources as her mind was “scrambled eggs” during the week following notification. If your intermediary cannot obtain all of the answers, formulate a written list that can be presented with your victim impact statement for presentation. There are no guarantees that they will be addressed…but you have to try…

Incredulously, even basic “creature comforts” were not even considered; Perhaps it was an oversight…perhaps it was a function of the geographic location being substandard. But…we realized that it was a function of “It’s Never Come Up Before…” WHAT???

Examples that applied to us: Location of convenient parking? Accessibility for those who are disabled (as a result of the crime or otherwise); prior notification of the building layout, availability of water, tissues, personal escorts from parking to the building, physical comfort of the waiting and hearing rooms; juxtaposition of the prisoner, hearing officers and family.

Ladyjustice with her physical disability had to park and walk three blocks to the building as adequate parking was not available; A relative had to find quarters and leave to feed a parking meter as there was no parking lot designated for family members. One small packet of tissue was placed in the hearing room and passed from person to person; Bring your own water….

Examples of More Substantive Questions Submitted in Writing By Ladyjustice (Still Waiting)

• Why was he eligible for good time when he attempted to kill correction officers? Was any good time forfeited?
• Is he earning a salary currently? Can his salary be designated to a crime victim compensation fund?
• Can you make available videotaping resources for elderly family members or those who are not up to appearing in person in the future?
• Why can’t crime victim families receive more advanced notice (as compared to the prisoner’s preparation)?
• How will future changes in good time policies impact this inmate? How has this prisoner been occupying his time for 26 years?
• If this prisoner is released to the community, what type of protection will be offered to our family?

The Importance of Photos of Your Loved One:

The parole board has the benefit of a thick file containing the prisoner’s history and activities. They do not have a true picture of the victim, other than the circumstances of the crime. We need to make them come alive for hearing officers and perhaps the perpetrator. As they say, “A picture is worth a thousand words….” And it did truly help in this case… Note: Businesses such as Kinkos-Fed-Ex does wonders with photos needed for such purposes- lightweight, mounted on foam board with easels and reasonably priced. As we could not get clarification on the size of photos allowed, four sizes were made for about $20.00. They were placed strategically – One facing the parole board members and the other facing the TV monitor – the perpetrator and his family.

We could not come with twelve family members with the expectation that all could make a statement. Rather we presented the information as some family will speak, and others are there for support. The board has the ability to “say no” to family regarding “Too many “speaking at the hearing…even 32 years… Incredible! [The legislature sits for hours at public hearings allowing “ordinary citizens to speak on the record].

A Numbers Game…

Quite by accident, Ladyjustice learned that the usual three hearing officers presiding nearly was going to be two as “one dropped out” causing a potential tie when deciding the outcome, forcing the family to return yet again on another day, forsake vacation days from work and more emotional turmoil.

Ladyjustice could not believe that this was not brought to our attention immediately and INSISTED that a third person be located [with more encouragement and input from Atty. Cruz].As it turns out the third person may have voted for release….. but 2 to 1 is better than 1 to 1.

The perpetrator will be in attendance …sort of…. via videotape. It was learned that as a means of saving transportation costs, he would attend via videotape…as well as his family from another location. Ladyjustice feels that this was a mixed blessing as it would feel even more uncomfortable to sit in the same room with the murderer. It was surreal…. We were “watching TV”a very real “reality TV;”

The Key Concern-The Key Accomplishment:

All crime victims have the constitutional right to be reasonably protected. The perpetrator had an extensive and escalating track record of violent behavior. In fact, the Pardons and Parole Board’s website quotes a major study conducted indicating that such escalation is a strong predictor of further violence in the future.

“History is a strong predictor of future behavior – a pattern of early onset of crime, multiple incarcerations, prior breaches, and criminal versatility is all related to increased likelihood of future crime. Offenders whose crimes increase in severity are of increased concern.”

We were unable to ascertain if the murderer has access to the internet directly or indirectly via “prison pen pal sites” and friends on the outside. Given that this man is extremely dangerous, expressed no true remorse or had no knowledge or interest in the family he severely impacted, we all felt our family and the community was at high risk should he learn our identities. At this juncture, Michelle Cruz, Esquire and former State Constitutional Victim Advocate shone on our behalf…along with the clear objections of Ladyjustice and selected other family members.

The usual method was to enter the hearing room, be required to enter your name on the record, read your impact statement quickly, Hearing officers go into executive session by deciding in a few minutes” shake your hand and …Thank you very much, Goodbye” In fact, thiswasnot to take place. Atty. Cruz and Ladyjustice saw to it by negotiating with the Administrator –Executive Director that our rights had to be considered and we must not be forced to provide our names…. CHANGE BEGINS NOW! An initial compromise was to say our relationship – “widow, eldest child of…” etc. with the caveat that we will have to enter your names on the website.”

NO! Objection, Objection! With more back and forth, back and forth and checking with the Chairman of the Parole Board – (a former police captain in a major city) we would be designated as “Victim #1, #2. ## etc.” Whew!

The incredible part of this scenario was that the victim advocates stated in a matter of fact manner, “This has never come up before” … in 32 years….. Advocates have apparently failed to adequately prepare victims and failed to ensure their safety by statute for all this time…as it has never come up….. WHAT??? Ladyjustice is still trying to process this one day later…. Had we not been pioneers…and made them “sit up and pat attention” before entering the hearing room, LJ shudders to think about the consequences.

Ladyjustice must reiterate that each family member within a unit deals with this situation differently. They are all different in personality, coping styles and tolerance levels. That being said, the majority of members…. “Wanted in over and let’s forget the  details.” Ladyjustice and their legal representative were of the mindset…“We need to know everything in order to be prepared”. We were ready and able to take charge….

And we did!

Highlights and Lowlights of the Hearing

Just as in her Impact statement, Ladyjustice began by “painting a picture of “Images that Will Never Leave.”
The same method will be effective here…

Uncomfortable chairs in a small room lined up against the wall; A big screen TV facing the parole board.
The chairman skillfully “running the show” making the perpetrator accountable for his incredible testimony.
“It was an accident. “ (Shooting the victim 4 to 5 times” using a revolver, pulling the trigger each time;

The second murder….” I take responsibility… but I was in New York when it happened. I helped clean it up.”
Why did you kill the victim?
“It was stupid” (Ladyjustice- Like crossing the street without looking?)

Witnessing my nearly 80 yea old mother have the strength and fortitude to give a moving statement and then put her face in her hands and cry uncontrollably;

Witnessing other family members break down and re-gain composure to deliver very impressive accounts regarding how the loss had affected each of them;

Witnessing my Mother “crane her neck” to see if there was any hint of reaction from the perpetrator – several
times… There was NONE!

After “executive session” was over hearing denial of parole…until 2018 – five years from now (yet another chance) because of the heinousness of his crimes AND the true impact of our statements!

Hearing Michelle Cruz, thank us for allowing her to be part of the hearing and assisting us.

No…we owe you a debt of gratitude, Michelle!

Law offices of Michelle S. Cruz:

860 415 6529 (MLAW) AttyMichelleSCruz@yahoo.com

• Imagine….living in a town so small…that the post office is located in a barbershop;
• Imagine… living through two world wars, the polio epidemic, the Great Depression and 9-11;
• Imagine being a career-minded women when it wasn’t expected in the 1920’s, 1930’s and1940s working initially at a law firm followed by the Connecticut Unemployment Commission Office;
• Imagine… falling in love with the boss in your 50’s and marrying him;

And that’s only part of the story…

Ottlie Lungren, age 94 at her death, of Oxford, Connecticut (population 9,800 people). This woman was fiercely private, meticulous and seemingly enjoyed a quiet life consisting of avid reading, cruise travel liking fashionable clothing, poetry writing and church activities. Her work ethic was described as “…an incredible woman, bright, articulate organized and amazingly good at her job.”

Certain qualities stood out about her… Prior to her marriage, she was so private that she refused to enter any future plans in her school yearbook. A friend states, although she was unusually kind, “Her business was her business and if she wanted you to know something, she’d tell you.” Ottlie loved children (But had no children of her own). She willingly supported friends who were grieving, saying, “If you need to cry, I’ll cry with you. I know what you’re going through.”

Ottlie was referring to her unwavering love and tender loving care for her former boss turned husband, who had multiple sclerosis. He became increasingly debilitated…using canes and then crutches and progressively was barely able to walk. Ottlie sat in the lobby reading a book and attended to his needs so that he could continue to work. Relatives said, “They didn’t waste words… they were both private, but madly in love. You could tell.”

No one had any idea they were dating until they announced plans to marry!

At age 70, after her husband died, there was a turning point in Ottlie’s life…. She pursued swimming at the YMCA and new friendships for lunches and dinners.

Mrs. Lungren had consistently tornher junk mail in half prior to disposal… The fact that she was “a pioneer woman” of her era is in stark contrast to dying of inhalation anthrax (initially diagnosed as pneumonia).

One theory of the 2001 event concerned how a lone 94 year old Connecticut resident fell prey to such a death. That theory was cross- contamination of postal machines handling her regular mail and bulk mail passing through the postal center in Trenton, New Jersey crossing with highly contaminated mail meant for Senators Tom Daschle and Patrick Leahy.

Mode of Spread

• as weapon Contagious Incubation
• period Symptoms Vaccine Treatment
• ANTHRAX
• Aerosol No Within 7 days Fever, malaise, fatigue, occasional cough and chest discomfort evolving into severe respiratory distress Yes, but not for the public. Used only by the military Antibiotics, if administered prior to symptom onset
• Expert opinion: “It is deadly.  It’s one of a few pathogens that form spores that are hardy and resistant to environmental stresses.”
• - Ramond Zillnskas, Senior scientist at the Monterey Institute of International studies.

Historical Overview of the 2001 Anthrax Attacks:

• Just the facts…as reported by multiple sources:
• “Ameritrax”: Was the FBI Investigation Case Name;
• The case continued from Tuesday, September 18, 2001 (one week after 9-11) through the end of the formal FBI investigation officially closed on February 19, 2010;
• Targets consisted of several media personalities, U.S. Senators. “Unintended deaths” included “ordinary citizens” such as 94 year old Ottlie Lungren, postal workers, a Vietnamese immigrant and Washington D. C. residents;
• Suspects included a bio-weapons expert who was exonerated (Steven Hatfill) and a bio defense lab employee of Fredericks, Maryland (Bruce Edward Ivans)’
• The FBI considered Ivans a “serious suspect” but more indirect evidence played a role with this suspect. He took “an intentional overdose” of acetaminophen, dying two days later …;
• Letters addressed to Senators Leahy and Daschle contained material the texture of refined powder with approximately one gram of “pure spores.” Whereas… Letters sent to news organizations consisted of coarse brown material causing skin infections;
• A minimum of 22 people developed anthrax infections – many inhaling it with 5 confirmed deaths;
• Some messages contained implied “hidden codes” such as selected letters bolded or highlighted letters and incorrect return addresses;
• Much controversy still exists regarding the chemical makeup, origin and identity of the “controlling factors”;
• The scope of the investigation was massive covering six continents, 9,000 + interviews, hundreds of FBI personnel and 67 searches;
• It was often compared in scope matched only to the investigation of the Unabomber attacks spanning from 1978 through 1995;
• http://donnagore.com/2012/05/31/the-unabomber-the-world-was-his-target-practice/
• The Blame Game… Many theories continue to circulate….Al-Qaeda; Iraq; a” rogue CIA agent” such as Steven Jay Hatfill;

Was the FBI correct in their conclusions? Some say “No.” A brief except follows:


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, February 19, 2010
Justice Department and FBI Announce Formal Conclusion of Investigation into 2001 Anthrax
Earlier today, representatives of the FBI and Justice Department provided a 92-page investigative summary along with attachments to victims of the attacks, relatives of the victims and appropriate committees of Congress. This document sets forth a summary of the evidence developed in the “Amerithrax” investigation, the largest investigation into a bio-weapons attack in U.S. history. As disclosed previously, the Amerithrax investigation found that the late Dr. Bruce Ivins acted alone in planning and executing these attacks.

The investigative summary and the attachments are now accessible to the public and have been posted to the Justice Department Web site at http://www.usdoj.gov/amerithrax under the Freedom of Information Act. In addition, roughly 2,700 pages of FBI documents related to the Amerithrax case are now accessible to the public and have been posted to the FBI website at http://foia.fbi.gov/foiaindex/amerithrax.htm under the Freedom of Information Act.

Returning to Ottlie Lungren…
Ottlie Lungren was a generous but extremely private individual her entire life…. The fact that there were hoards people examining her every move and possession following her death would have sent her into a tizzy, no doubt about it!

The Questions of How and Why?
Ottlie was of advanced age…She had a habit of tearing her junk mail in half in a meticulous manner (not unlike Ladyjustice…Yikes!). Even our former Governor, John G. Rowland, (Governor of Connecticut at the time) http://www.justice.gov/opa/pr/2010/February/10-nsd-166.html recently speculated on his radio show that that she may have held her mail close to her face in order to see the print…and thereby inhaled the anthrax on her mail. With probable deteriorating vision at age 94, this would seem like a likely scenario…essentially creating “the perfect storm”.

Connecticut’s state epidemiologist (expert dealing with the detection and sources of disease in large populations) Dr. James Hadley, advised during the height of the crisis to “open your mail gingerly.”
If only…. May you rest in peace, Ottlie!

References:

http://www.ph.ucla.edu/epi/bioter/detect/antdetect_case23.html

http://www.nytimes.com/2002/03/27/us/a-nation-challenged-the-bioterror-threat-mystery-death-from-anthrax-is-analyzed.html

http://articles.courant.com/2001-12-30/news/0112301325_1_spanish-flu-public-death-waterbury;

http://www.fbi.gov/about-us/history/famous-cases/anthrax-amerithrax/amerithrax-investigation

http://www.justice.gov/opa/pr/2010/February/10-nsd-166.html;

http://en.wikipedia.org/wiki/2001_anthrax_attacks

As a survivor of homicide with 30 years of experience in crime victim issues, Ladyjustice uses integrity and compassion everyday in the performance of her job and full time advocate for many people who are oppressed or forgotten.  However, does this compassion extend to death row?  At this writing, LJ has to say probably not….unless it is definitively proven that the prisoner has been wrongfully convicted to this “special class” called death row.  And another thing….  Why should we have any compassion for any murders in the first place?  Although this topic continues to be widely debated with no clear cut answers, this blogger choses to focus on accommodations of death row in selected states and some of the forces that contribute to the status quo.

We begin with an interesting set of facts regarding the debate and actual demographics of death row inmates, compliments of: http://www.deathpenaltyinfo.org/.

(Within the telling graph below, the 1977 average time between conviction and the number of months to be executed was a little over 4 years, compared to the 2009 average of 169 months or 14+ years).  What does that say about justice and the times in which we live?  Read on, bloggers…

Source: Bureau of Justice Statistics

The Debate: When the constitution was written, the time between sentencing and execution could be measured in days or weeks.

A century later, the Supreme Court noted that long delays between sentencing and execution, compounded by a prisoner’s uncertainty over time of execution, could be agonizing, and resulting in “horrible feelings” and “immense mental anxiety amounting to a great increase in the offender’s punishment.” (In re Medley, 1890, as cited in Foster v. Florida, 2002).

But in the wake of the Supreme Court-mandated suspension of the death penalty from 1972 to 1976, numerous reforms have been introduced to create a less arbitrary system. This has resulted in lengthier appeals, as mandatory sentencing reviews have become the norm, and continual changes in laws and technology have necessitated re-examination of individual sentences.

Death-penalty proponents and opponents alike say such careful review is imperative when the stakes are life and death. “People are adamant . . . that every avenue should be exhausted to make sure there is no chance (the condemned) is not guilty,” former Georgia Attorney General Mike Bowers said in 2001. “The surer you are, the slower you move.” (Atlanta Constitution, October 27, 2001).

The years it takes to carry out a death sentence exact a huge toll – on taxpayers, victims’ families and inmates themselves. Yet without thorough appeals, mistakes in death penalty cases would be missed.

The Intensity of the Debate increased a thousand fold in Connecticut with the case of Michael Ross

[LJ has the distinct honor to know personally  some of the crime victim families associated with the many victims of  serial murderer Michael Ross through  her association with Survivors of Homicide Inc.] 

Michael Ross was executed in Connecticut on May 13, 2005. He was found competent and waived his appeals.

Michael Ross was about an hour away from becoming the first inmate executed in New England in 45 years when his lethal injection was abruptly put on hold in 2005. Ross had waived his appeals and accepted his execution. But his former public defenders, along with a death-row expert and a former prison official, raised serious doubts about whether he was competent to make such decisions, or whether despair over his living conditions on death row had caused him to become mentally unhinged – perhaps suffering from death row syndrome.  [There’s that phrase again….  Bloggers, please go to Susan Murphy Milano’s journal and read about others claiming to be unhinged after this blog at: http://murphymilanojournal.blogspot.com/2011/08/precious-life-of-maureen-allaben-and.html]

Ross had attempted suicide three times while in prison, writing after the last attempt of the isolation he felt sitting in a cell 23 hours a day, thinking of his crimes and his impending lethal injection. He once admitted that he was seeking his execution largely because of “a desire to end my own pain.”

2009 Demographics of Death Row Inmates

(According to the Bureau of Justice Statistics: Capital Punishment)

• 56.1% of the death row population is White;
• 41.5% is Black and 2.4% is of another race;
• Men on death row make up 98.1%, while women make up 1.9%;
• The median education level of death row inmates is 12th grade.
• Of death row inmates, 54.7% have never married, 20.5% are divorced or separated, 21.9% are currently married and 2.8% are widowed.
• 8.6% of inmates had a prior homicide conviction.
• 65.7% had prior felony convictions.
• Among all inmates under sentence of death, half were age 20 to 29 at the time of arrest; 11% were age 19 or younger; and fewer than 1% were age 55 or older.
• The average age at time of arrest was 28 years.
• As of 12/31/09, 29.1% of all inmates were age 30 to 39 and 51% were age 25 to 44. 1.2% of inmates are under the age of 25, and 2.6% are older than 65.
• 7,773 people have been sentenced to death from 1977 until 2009.

[Ladyjustice finds it very curious that over 50 % of death row inmates have never married.  What does that say about men’s attempts at intimate partner relationships as they build up anger and resentment?  They keep trying and fail at relationships with men and women, to say nothing of the intimate partner homicides of those with marriage licenses.   In addition, it is very clear that you don’t wind up on death row as a first time offender.  These are seasoned criminals….]

Should you be a fan of Hear Women Talk, radio shows,  Vicki Childs and Carol Baker  featured a lively debate (11-28-2011) on all sides of the issue with guests Paul Peterson, Paul Henderson, and Richard Dieter.  Particular facts that were illuminated for Ladyjustice were:

• One expert’s opinion regarding the most prevalent reasons for wrongful convictions is: wrongful identifications and misconduct of police and overzealous prosecutors.
• The “old adage” that the data can say anything you want it to was exemplified during this show when another expert related that 138 people were freed from death row -17 of which were proven via DNA analysis since the 1970’s as a result of a landmark case known as “Furman vs. Georgia.”  No…. wait..  data regarding Barry Scheck’s Innocent Project showed that 5 people were exonerated from receiving the death penalty.
• But, but… the DNA exonerations by the Innocence Project are not related to murder cases…
• And… the biggest controversy arose between experts when the discussion turned to those exonerated versus those having the charges dropped due to wrongful prosecutions.
• In the end, some experts on Ms. Child’s show agree that it may be “okay to ratchet down the system” (i.e. abolish death row) in favor of saving  those innocent of the charge [Notice LJ did not say “innocent people’] and saving money!

Who knows what the answer is? However, it is obvious that we can no longer afford the delays for the sake of crime victim families. We can’t locate adequate legal representation in sufficient numbers for prisoners; nor can we afford  death row accommodations as things stand.

A Review of Selected States: 

According to a report from the Office of Legislative Research in Connecticut whose job it is to acquaint state legislators of the issues via research on topics of inquiry, death Row inmates and conditions were reported on as of April 2011 as follows:

1)      Connecticut:  In Connecticut there are 10 inmates on Death Row.  Michael Ross was the last execution in 2005…and the political winds are such that those remaining will be a resident for years to come….

• The longest serving prisoner is Robert Brenton, first sentenced in 1989 , convicted of beating and stabbing his ex-wife Jo-Ann and their 16 year old son.
• The most recent addition to death row is Steven Hayes, convicted December 2, 2010 of the Cheshire home invasion and vicious murders of Jennifer Hawke Petit and her two daughters, Hayley and Michalea. The second trial for accused murder Joshua Komisarjevsky begins this month.
• Six of the ten inmates have not yet completed the initial appellate review by the Connecticut Supreme Court.  Four have completed their appeals through the State and U.S. Supreme Courts resulting in denials.  All four filed habeas corpus (unlawful incarceration) petitions.

Actual Death Row Conditions (Example: State of Connecticut)

[LJ- For those who exhibit compliant non-violent behavior]

The Department of Corrections requires that:

1)      Death row inmates spend 22 hours a day in their cells;

2)      DR inmates are not permitted any congregate activity;

3)      DR inmates are always alone- in isolation except when escorted;

4)      DR inmates are escorted by at least one staff while in restraints when moving outside their cell;

5)      DR inmates are allowed two hours of recreation outside their cells six days per week.  This time can be spent indoors including the law library with use of the phone or a “caged courtyard” outside;

6)      DR inmates are permitted to access the commissary but with greater restrictions as compared to other inmates;

7)      DR inmates may partake in selected religious, educational, social or counseling services by court decree and DOC management /supervision;

8)      Any work assignment is restricted to the death row housing units.  Prisoners must be secured in their assigned area until the task is completed.            [ LJ-  Note that other states do not permit work assignments on death row – Read on…];

9)      DR inmates are allowed three one hour “non-contact” visits per week.

Accommodations: Cells:

The Department of Corrections stipulates that all cells must be well ventilated, sanitary, appropriately heated and adequately lighted.  They are “equipped” with a bed and furnished consistent with the general population cells. (? Sink and toilet)

Searches:

Searches are conducted on an irregular schedule at least every 15 minutes by regular staff.  Death row prisoners are visited by custody supervisors once per shift.  Calls are inspected at least twice a week by the unit administrator.

Property:

Clothing that is “not degrading” is provided, the same as the general population.[LJ- I have never seen a degrading orange or beige jumpsuit in my life!]  DR inmates can have basic personal items in their cell [LJ- Assume nothing that they can make into a shank, of course!] 

Movement and Restraints:

DR inmates are handcuffed behind the back for routine out of cell movement such as : showers, phone calls, visits, recreation. Once the inmate is secured in the area, restraints

are removed and vice versa.  DR inmates are fully restricted in front for “professional visits” including attorneys, medical, mental health visits and video conferencing.  Such restraints include handcuffs, leg irons and a tether chain. DR inmates are fully restrained behind the back  for out of unit movement within the facility.

Food:

DR inmates receive “the same quality and type of food” as the general population within their cells. Should inmates use food or food service in a hazardous or inappropriate manner, an alternate meal service is used.

More Selected States:

2)      Illinois: As of July 1,2011, Illinois’ death row was officially “null and void.”  A state law abolishing the death penalty as Governor Pat Quinn commuted the sentences of 15 men to life in prison without the possibility of parole.  Fourteen are now in maximum security prisons.  One inmate in is a medium security prison with a mental health facility. In prior years from 1977 to 1999 when the death penalty was reinstated, 12 men were executed.  The super max prison known as Tamms in southern Illinois is the most restrictive, while the former death row prison in Pontiac, southwest of Chicago is now a step-down transitional prison.

3)      California:  Dave Mann, journalist for the Texas Observer reported in June 2010 that the nation’s first super max facility in which inmates are kept in long term solitary was built in 1989, opening its Pelican Bay facility.  Forty other states and the federal government followed suit with super max facilities or special segregation units.

• As of 2009. At any given time, there are between 25-100,000 prisoners serving time in permanent or temporary solitary confinement … and this continues to increase.
•  As of June 2011,California has 714 inmates on death row.
•  A new study showing how much the death penalty costs taxpayers revealed that since 1975 and the reinstatement of capital punishment by then first time Governor Jerry Brown, 13 people were executed at a cost of $308 million each.

Executive Director of Death Penalty Focus, Jeanne Woodward (a former San Quentin warden) stated that the study reveals that the state of California can no longer afford executions and that if death sentences were altered to life without the possibility of parole, they would save a billion dollars in five years.

Although a bill was introduced to ban the death penalty in the legislature recently, it would also have to pass the ballot box. Legislators say the status quo isn’t tough on crime, it’s tough on taxpayers.

• According to an LA Times article in November 2009, the California Supreme court was/is so overburdened with cases, it takes 2 to 2.5 years to file all briefs in preparation for oral arguments;
• For prisoners sentenced since 1978, after automatic appeals have been decided, the average delay, “the judgment of death” and the filing of a California Supreme Court opinion was 8.1 years.
• Delays between the appointment of counsel and filing the initial brief were 3.7 years.  However, due to the scarcity of available attorneys, it was more like 11 years!.
• The average delay between the judgment of death and oral argument before the Supreme Court was 7.6 years.
• Again, as of 2009, a study conducted by Senior Judge Arthur Alcaron stated that an average cost per death row inmate per year was $124,150 (which was more than $90,000 more than those housed in the general population.)

4)      Florida:  As described in a St. Petersburg Times article, September 4, 2011, a Florida inmate on death row named Ronald Clark fancies himself a poet-writer and has a blog through the support of Dina Milito, a  California mother.  She and her  engineer husband set up the blog via Death Row Support as  “a means to express himself, as Dina doesn’t believe in capital punishment.”  [LJ -How very thoughtful of you Dina,  while those murdered by Clark are silenced forever!] 

• Clark is one of 397 prisoners on Florida’s death row within a 63 square foot cell.
• Clark was found guilty of two vicious murders involving repeatedly shooting one victim in the head with a shotgun, tying concrete blocks to his body and dumping the first victim in a river.
• With his initial murder years earlier, he reloaded his gun, shot him in the mouth, rolled his body in a ditch and took his cash and boots;
• Currently, three death row inmates blog in Florida, as there are no laws or rules prohibiting it as long as they aren’t paid or seeking a pen pal.  The Corrections secretary, Edwin Buss, who recently resigned, is incredulous that this inmate could have a blog. [LJ Ditto!] Buss stated that false accusations are being made on the internet and that there is no practical way in which they can adequately monitor the thousands of pieces of mail received and content somehow reaching the internet via friends.
• As of August 15, 2011,   an assistant warden deemed Clark’s blogs via Death Row Poet as a security risk…..  And yet, his indictments of the prison system and grievances continue… until the Governor signs his death warrant (Clark’s words).

5)       Texas:  As of November 2010, a Texas Observer article entitled ‘Solitary Men” reported there were more than 300 inmates on death row in Texas.

• Accordingly, Texas was rated as “probably the most inhumane,” in which prolonged isolation 22 ours per day of confinement in 60 square foot cells is the norm;
• An incident on Thanksgiving Day, 1998 in which seven condemned men suspected of planning their escape during work detail at the Ellis Unit, outside of Huntsville resulted in revocation of all work and recreational privileges.
• Texas is one of two states that allow no television (along with Oklahoma) and one of eleven states disallowing contact visits.
• Other than the recreation cage, they spend 158 hours per week , 8,216 hours per year or 94% of their lives in prolonged isolation.

 Point –Counterpoint 

Supporters of the abolition of the death penalty say that such isolation can exacerbate mental illness. Numerous studies report the increased expense and the fact that no real reduction in violence negates the value of death row.  Supreme Court Justice Breyer noted, “astonishingly long delays experienced by inmates were largely the result not of frivolous appeals, but constitutionally defective death penalty procedure.”

Justice Clarence Thomas offered a different opinion commenting on the same 32 year delay in a particular case: “The cruelty of the murder for which the defendant was sentenced to death, he asserted, was caused by the defendant, as the perpetrator of the crime.”

Terminating Thoughts from Ladyjustice….

So… what should be our parting words on this topic?  Do we care about death row inmates, regardless of environmental conditions and state statutes? Should we follow the moral principle of humane  treatment even for the worst of the worst murderers?  That, my dear bloggers is for you to decide individually, and not for Ladyjustice to dictate.  I invite you to comment!

Introduction to the Crime:

It was a Friday night in the beginning of December 1998…Twenty-one year old Suzanne Jovin, a German born senior at Yale University, majoring in political science was brutally murdered; struck down in the prime of life when she had all her ducks in a row.  Suzanne was stabbed 17 times in the back, in the neck and with her throat slit….a very PERSONAL murder! Her body was fully clothed; jewelry in tact, with one crumpled dollar bill in her pocket.  She was found lying on her stomach, feet facing the road and upper torso in a grassy area. Apparently, her wallet was found in her room. There was no mention of sexual assault.  At nearly 10 pm; 1.9 miles from Yale, Suzanne was ”left to die on a patch of grass in the moonlight.”

WHO DID THIS?

James Van de Velde

• A former Yale professor-expertise in anti-terrorism; intelligence analysis and international diplomacy; Thesis advisor and instructor of two classes taken by Suzanne  Jovin;
• James grew up in Connecticut; attended Yale as an undergraduate and Fletcher School of Law and International Relations at Tufts University in 1988. He then was employed by the State Department until 1993 as a political analyst prior to being hired by Yale University;
• A ”rush to judgment” by the police” as their “one and only suspect from December 1998 to June 2013;
• No physical or circumstantial evidence linked to Van de Velde committing the crime – only reports of a broken relationship with another woman and ”rumors”;
• Contact with the murder victim on her last day of life was fleeting…. “Hi… How are you?”  lasting less than a minute… As Jovin had submitted to Van de Velde changes to her thesis two days earlier…
• Van de Velde was dismissed or fired from all of his academic pursuits including his work at Yale, his courses taken at Quinnipiac College in broadcast journalism in addition to his U.S. Navy Reserve career;
• Main thrust of the investigation was Van de Velde’s proximity to the murder scene and a ”trumped up” relationship with Jovin;
• Personally described as a ”profoundly disciplined man,” Van de Velde  had quirky teaching methods included pulling a gun out of his briefcase when teaching a simulated scene relating to a real-life extortion attempt  and then declaring that “it wasn’t real.”[LJ- This would NEVER be allowed in a lecture hall in 2013];
• Statement from Van de Velde’s Attorney David Grundberg: “He went from teaching at one of the most prestigious universities in the world to being a complete pariah in academia and not being able to get a call back, an interview, anything from the lowliest of educational institutions.” (June 4, 2013)

Leading Up to the Crime: Timeline:

• [LJ -How ironic that Suzanne Jovin lived upstairs from the New Haven police substation – a second floor apartment at 258 Park Street.  You’d think no place could be safer…. Had she been killed there, would they have done things differently?]
• 4:15 p.m. to 8:30 p.m. December 4, 1998

Suzanne submits rough draft of her senior essay on Osama bin Laden;

Begins preparations for pizza party for “Best Buddies” adult developmental disabilities non-profit: [http://www.bestbuddiesct.org/site/c.llIZIgN3JyE/b.1378399/k.66A1/Best_Buddies_International.htm ] at the Trinity Lutheran Church;

Dropped off volunteer with University station wagon:

• 8:45 p.m.

Suzanne returns car to parking lot and walks two blocks to her apartment;

Friends”yell up to her window” inviting her to join them at the movies. She declines to do school work;

A “mystery someone” receives e-mail from Jovin regarding a three party exchange of some Graduate Record Exam books that were borrowed and passed on;

• 9:10 p.m.

Suzanne logs off her computer and proceeds to walk to the Police Communications Center to return the car keys; [LJ- How ironic that she interfaces with police just an hour before she meets her death]

• 9:20 p.m.

Brief encounter with classmate Peter Stein commenting on how tired she was, carrying papers and “walking at a normal pace;”

• 9:25 p.m.

Returns car keys;

• 9:25-9:30 p.m.

S. Jovin last seen walking northeast on College Street by another student –No interaction took place;

• 9:55 p.m.

Stranger finds Suzanne bleeding profusely and calls 9-11;

10:26 p.m.

Suzanne is pronounced dead at Yale New Haven Hospital.

Evidence and Lack of Follow-Up:

Over thirteen years’ time much collected evidence was determined to be unreliable, explained away or discredited. What remained and reported included was DNA evidence from  Suzanne’s fingernail scrapings from her left hand; the tip of the knife used in the attack located n her skull; a partial palm print on a Fresca bottle in the bushes adjacent to her body.

Other related information: Only one of the17 stab wounds was fatal:

After the initial investigation was completed the  Assistant State’s Attorney  was quoted as saying in a July 2008  issue of Yale News;

“Don’t get me started on whether the initial investigation was wonderful,” Assistant State’s Attorney James Clark ’72 said, with a hint of sarcasm. “There’s no way to rewrite history, so you move forward with the different focus.”  [LJ – Excuse me… Don’t get me started??]

THAT Focus was the identity of the “someone” to whom the GRE books were supposedly lent. It is apparent that this avenue also was inconclusive;

Questions, Questions, Questions and “Failures”

A brown or tan van was brought to the attention of police, but was not released to the public for two years and was never located;

Only one neighborhood store carried the Fresca brand, one block south of Jovin’s apartment. Reportedly, the police did not examine security tapes or question employees;

DNA analysis of the palm print had not been conducted despite public and family requests; In 2009, Jovin’s parents appealed to then Governor M. Jodi Rell to request that more advanced forensic testing be conducted on original evidence. However, at that time there was a backlog of 12,000 DNA samples. Testing on fingernail scrapings revealed matching -accidental evidence contamination by a technician.

Offer of Dr. Henry Lee to perform a crime scene re-construction was apparently not carried out;

Report of another possible suspect of another man sprinting through a church parking lot was investigated to solely rule in –rule out eyewitness identification of James Van de Velde and never followed through again; The witness failed to identify Van de Velde;

In September 2006, this case was supposedly  assigned to the Cold Case Unit after eight years. However, Van de Velde discovered that it was a lie in that it was “secretly assigned to another team of New Haven detectives”  and no reward was ever offered to remove the focus from him. To date, it is supposed to be a cold case, but is not published as such.

A theory of an unrequited love affair between Jovin and Van de Velde was considered highly unlikely by many parties, including her boyfriend. [LJ – No internet references of Jovin’s boyfriend could be found other than to deny that she did not have an affair and one phrase in one article stating that he was on a train during the murder.]

Was he ever questioned in a detailed manner? Was his alibi checked thoroughly?

“The Jovin Task Force” revealed in July 2008  that the circumstances of the  exchange of GRE books was fraught with mystery. Jovin composed her last e-mail in German for a female friend to retrieve in the foyer of her apartment , giving the friend the code to her door in case Jovin was not home.  Reportedly, the books were borrowed but never returned ,nor was “the borrower-someone” ever identified…  Who had access to the code and  who was the borrower?

“The Jovin Task Force” was presented with possible evidence in December 2002 by area residents of a suspicious comment made by another Yale  student who told friends he was sure he’d be arrested for Suzanne’s murder and subsequently committed suicide. [LJ ‘Simply unstable or credible?] This lead was not pursued, although a freedom of Information Hearing request was filed against Yale and the City of New Haven,  scheduled to be heard in May 2013 only to be postponed.

Suzanne Jovin:

• Suzanne was the ultimate Yale scholar with friends, community and extracurricular activities including the German Club and music and she also  tutored children;
• Her parents were research scientists who waited in quiet desperation for evidence and the advancement of science to assist in solving their daughter’s murder. However, so far, this has not occurred;
• Following her death, A friend noted that Suzanne., “once exclaimed how good she felt simply to be young, how much  joy, optimism and sheer wonder she felt.”

Postscript: June 4, 2013 -New Haven: 

Money talks or was bound to dry up after several more years….  A judicial mediator settled the legal actions brought by James Van de Velde against administrators of Yale and the City of New Haven for “wrongfully being labeled as a  suspect.” After 12 years of litigation, the validity of his claims remained in the initial phase of legal arguments.

He planned to move forward with his career as a lecturer in securities studies at John Hopkins University, a consultant to the US intelligence community, return to the US Naval Reserves and become a spokesperson for the wrongfully accused.

May Peace always be with Suzanne Jovin…and  also with James Van de Velde! 

References:

http://yaledailynews.com/blog/2008/07/16/investigators-seek-the-someone-jovin-referenced-in-hour-before-stabbing/;

http://en.wikipedia.org/wiki/Suzanne_Jovin_case

http://topics.nytimes.com/topics/reference/timestopics/people/j/suzanne_jovin/index.html

http://www.courant.com/topic/

He receives the call…  He knows only the basics and starts assembling his team and creates a strategic plan in his head… He makes his calls while a protocol begins;  ‘establishes a safe place of operations and they begin the process of behind the scenes team preparation to save lives under the influence of a crazed, criminal or crusading personality who is “at the end of their rope.” ‘Question is…. is that rope long enough to penetrate the psyche of the perpetrator? Is there room for negotiation with this one?  Can Derek Gaunt establish a “window of hope” for hostages and their families?

Volatile: Likely to shift quickly and unpredictably; unstable; explosive.

Negotiation: is a dialogue between two or more people or parties, to produce an agreement upon courses of action, to bargain for individual or collective advantage. Negotiation is a process where each party involved in negotiating tries to gain an advantage for themselves by the end of the process.

Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life and….. HOSTAGE SITUATIONS [Last item added by Ladyjustice]

Example: “Dog Day Afternoon “Trailer, 1975, Starring Actor  Al Pacino; (Based on a TRUE Story…)

(Following the radio podcast, return to this clip to identify elements discussed)

The ”Shattered Lives” Radio team ventured down such a road with Derek Gaunt for a fascinating hour of learning about the art and science of negotiation of the most important type…when lives hang in the balance! Join us…We guarantee you’ll be wiser and better prepared for having listened…

LISTEN TO THE PODCAST

• Introduction to our guest;
• An introduction to Black Swan Negotiations Consulting Firm;
• A 93+ % success rate in hostage negotiation!
• Myth of a sole hostage negotiator – an analogy to a military sniper’s job…;
• A Coach; a scribe; a situation board person; a team leader; other negotiators managing intelligence, a supervisor, an incident commander….
• Delilah asks about similarities in all hostages cases?
• “Crazy, Criminal, Crusader” Categories…What’s it all about?
• Respect and Empathy – the importance of viewing the world through their eyes…
• “The ultimate compliance professionals”-difference between corporate and hostage orientations;
• Which personality is the most difficult to establish a rapport?
• Instrumental and Expressive criminals explained…; Scenarios A or B;
• Delilah votes for the most difficult scenario…
• “Aha moment…”
• Ladyjustice challenges the “correct answer;”
• Why does a person take a hostage when the police are present?
• A discussion of suffering multiple losses, losing control… if I can’t have you….”
• Ladyjustice asks about negotiation across the board… in every situation; “Getting someone on the phone; I’ve got a shot;”
• Derek explains how he communicates with other team members during the acute situation;
• Do and don’t’s if you are taken hostage…
• The importance of slowing things down…. the critical time;
• Why is it so important to get them on the phone quickly- verbal containment?
• It’s a crime scene… The importance of observation….
• ***When we come in “Face down on the ground” as soon as we hit the door – the physical logistics…
• The clock’s ticking  2 to 3 minutes…. 30 to 60 minutes;
• What do you do… The case of Antoinette Tuffs: Averting tragedy:
• http://www.officer.com/news/11121036/decatur-ga-school-bookkeeper-helped-avert-tragedy-in-standoff
• Asking what happened – “Dumping their bucket…”
• Ladyjustice asks about a hostage taker showing compassion…or making demands…;
• “A guy on the bridge that was threatening to jump…” scenario;
• “Swomie”-Suicide with other motivation explained;
• The importance of consistency…
• The aftermath of the hostage situation…;
• A protocol of critical incident stress de-briefing;
• Testifying in court – re-victimization; flashbacks and the role of victim advocates;
• Delilah asks about Derek’s personal de-briefing;
• The story of six negotiators witnessing a deadly force incident at the same time… More aftermath;
• Ladyjustice asks about the role of technology versus one to one communication;
• Geography and jurisdiction issues;
• “Derek’s singular message” to our audience…”

Questions for the Audience…..

• What are the qualifications needed for a hostage negotiation expert?
• What are the factors influencing business and hostage negotiation? How are they related?
• What do the other behind the scenes team members do in a hostage negotiation?
• What is the primary similarity among cases?
• What technique is needed to establish empathy and rapport in order to influence behavior?
• What are the challenges in changing behaviors?
• Why is the instinct for self-preservation and the emotional attachment so important?
• What are the reasons for taking a hostage…. suffering loss?
• What can we do on the prevention side?
• What are techniques to utilize in order to survive when taken hostage?
• What does containment involve?
• How are your observations used later?
• As a victim, does Derek advise negotiating for your own release?
• How do you frame the discussion to begin to establish a rapport?
• How does bargaining work?
• What’s the significance of small concessions in a hostage negotiation?
• How are the hostages treated after release?
• How are the family members of hostages and family of the perpetrators dealt with?
• What’s the “curveball” technology creates nowadays?
• What was Derek’s important takeaway message?

The comments expressed on this website or on the broadcasts of Shattered Lives do not necessarily reflect the opinions or beliefs of the hosts, producers, or other guests.

References:

http://www.blackswanltd.com/about-black-swan/

http://www.youtube.com/watch?v=CF1rtd8_pxA

http://en.wikipedia.org/wiki/Negotiation;

http://www.yourdictionary.com/volatile;

http://www.officer.com/news/11121036/decatur-ga-school-bookkeeper-helped-avert-tragedy-in-standoff

Loose Cannons Personified: The Art and Science of Hostage Negotiation

*photo by papercutperfect/deviantart

Insanity as a defense whether “temporary” or “permanent due to chronic mental illness” is never palatable to crime victims.  On the one hand, we know intellectually that mental illness is a result of chemical or structural abnormalities in the brain and therefore, is “not their fault.” On the other hand, on an emotional level, mental illness is often viewed by crime victims as “an excuse for inexcusable criminal behavior.”

There are reams and reams  of history going back to the 1800s , including the pioneering social welfare work of Dorothea Dix, supplanting squalid care of the mentally ill with the preferred “asylum care” of her era.  However, such is not the focus of this blog.

Ladyjustice would rather focus on some interesting, baffling and bewildering insanity cases of yesteryear…and a law or two as a consequence of insanity.

However, in case the following examples aren’t palatable, consider listening to this classic YouTube video by Paul Simon as a precursor….and listen to it again as a “chaser” to the “bitter pill of insanity.”

Link: http://www.youtube.com/watch?v=46bkXgxb66E

1. Insane- Really!

Richard Lawrence (Acquitted, 1835)

Richard Lawrence was an unemployed house painter in his 30s who fired two pistols at U.S. President Andrew Jackson as Jackson walked through the Capitol Rotunda during a funeral procession. Both pistols misfired, and Lawrence was quickly apprehended. He was the first person charged with the attempted assassination of a U.S. president.

Lawrence apparently suffered from delusions of persecution, believing that he was heir to the British throne and believed that Jackson conspired to keep him from receiving a fortune with which he could return to England and claim his seat. He also believed that Jackson had killed his father.

 At his one-day trial, Lawrence repeatedly interrupted the proceedings, loudly proclaiming that he was “the King of England and Rome.” The jury acquitted him by reason of insanity after only five minutes of deliberation. Richard Lawrence spent the rest of his life (26 years)… in an asylum.

1. Insanely Jealous!

   Daniel Sickles (Acquitted, 1859)

In 1859, U.S. Congressman Daniel Sickles was charged with murder after he shot and killed U.S. District Attorney Phillip Barton Key in broad daylight, within full view of the White House.

Philip Key was the son of Francis Scott Key, the author of The Star Spangled Banner.  Philip had an ongoing notorious and conspicuous affair with Sickle’s wife.

During Sickle’s sensational and highly publicized trial, his attorney argued that “he committed the murder in a state of temporary insanity, brought on by the enraging knowledge that Key was sleeping with his wife.” 

The all-male jury accepted this argument, subsequently acquitting Sickles.

 He later served as a major-general in the Civil War, and received a Congressional Medal of Honor for his service having lost his leg at the Battle of Gettysburg.

 [Ladyjustice:  We “forgive and forget” as long as we serve admirably in battle??]

1. Presidential Insanity

John Schrank (Institutionalized for Life, 1912)

New York bartender, John Schrank shot President Teddy Roosevelt at close range while the former president was campaigning for a second term in Milwaukee, Wisconsin.  As luck would have it, the bullet hit Roosevelt in the chest, piercing a metal eyeglasses case and a 50-page copy of the campaign speech he was carrying in his suit pocket.

Defying his doctor’s orders, Roosevelt insisted on delivering the speech as scheduled before going to the hospital!  Further evaluation revealed that the bullet had lodged at a depth of three inches inside the wall of his chest, but without damage to vital organs.  When President Roosevelt died several years later the infamous bullet remained in his chest!

John Schrank, wannabe assassin, was immediately arrested. At the time                     of the shooting, he offered no reason for the attempted assassination. However, later accounts reported that he apparently suffered from delusions, saying that “William McKinley had appeared to him in a dream and told him to kill Roosevelt.”

Doctors determined Schrank was insane, after which a judge sentenced him to life in an asylum for the insane. 

1. Insane…and in love with Jodie Foster!

John Hinckley (Acquitted, 1982)

In 1981, John Hinckley Jr. shot U.S. President Ronald Reagan, a secret service agent, a Washington police officer, and Reagan’s press secretary, James Brady. Hinckley claimed that he was trying to impress the actress Jodie Foster, with whom he was infatuated. In what was arguably the most influential insanity-defense case of the century, a jury acquitted him of 13 assault, murder, and weapons counts, finding him not guilty by reason of insanity. He was committed to St. Elizabeth’s Hospital for the criminally insane in Washington, D.C., where he remains today. 

After the Hinckley verdict, there was an immediate public outcry against what many perceived to be a loophole in the justice system allowing an obviously guilty man to escape punishment. There were widespread calls for the abolishment, or substantial revision of the legal criteria for insanity.

Reportedly, more than 30 states changed their laws as a consequence of this historic event to make it more difficult for defendants to succeed in substantiating an insanity defense.  Congress responded by passing the Insanity Defense Reform Act, which tightened federal standards.

[Ladyjustice- See related information below] 

Insanity Defense Reform Act of 1984

The Insanity Defense Reform Act of 1984, signed into law on October 12, 1984, was the first comprehensive Federal legislation governing the insanity defense and the disposition of individuals suffering from a mental disease or defect who are involved in the criminal justice system. The more significant provisions were that the legislation accomplished the following:

1. Significantly modified the standard for insanity previously applied in the Federal courts; 

1. Placed the burden of proof on the defendant to establish the defense by clear and convincing evidence;                                                                                                          
2. Limited the scope of expert testimony on ultimate legal issues; 
3. Eliminated the defense of diminished capacity; 
4. Created a special verdict of “not guilty only by reason of insanity,” which triggers a commitment proceeding; and 
5. Provided for Federal commitment of persons should they become insane after having been found guilty at trial…or deemed insane while serving a Federal prison sentence.  

[Cited in Criminal Resource Manual 61; USAM 9-18.000] 

1. Insane Cannibal!

Jeffrey Dahmer (Convicted, 1992)

In 1991, Jeffrey Dahmer was convicted of the murder of 15 young men, whose mutilated, cannibalized bodies were found in his Milwaukee apartment. Dahmer reportedly had sex with the corpses.  He also attempted to perform crude lobotomies on others while they were still alive.   As part of his sick rituals, Dahmer stored body parts in his refrigerator to be eaten later.

During his trial, he admitted to the 15 killings.  However, his plea was not guilty by reason of insanity. This plea was rejected. The jury subsequently found Dahmer to be legally sane at the time of the murders. He was sentenced to 15 consecutive life sentences without chance of parole! 

The Dahmer conviction was reputed to be “the death of the insanity defense”, similar to the Hinckley acquittal. The public and the legal community felt that if such a clearly deranged killer could not be found legally insane, it seemed highly unlikely that the defense of guilty by reason of insanity   would ever be successful in a high-profile case involving a violent crime.

Post script:

 Dahmer was killed in prison by another inmate in 1994.

[Ladyjustice:  Prison justice!]

1. Insane and Pushed Under a Subway Train!

Andrew Goldstein (Convicted, 2000)

Andrew Goldstein was a diagnosed schizophrenic who had been released from psychiatric hospital just weeks before he killed 32-year-old Kendra Webdale. 

Kendra was murdered as a result of Goldstein pushing her in front of a New York subway train in January 1999. Goldstein had a history of delusions was diagnosed as schizophrenic in 1989, following an incident in which he forcibly pushed his mother 

In December 1992, Goldstein had committed himself to a state psychiatric hospital in New York. Although he displayed extremely delusional and violent behavior while in the hospital, he was transferred to a group home after eight months.

 By 1996, he was living on his own in New York. Over the next three years, he would frequently went to emergency rooms, acting delusional and asking for help.

 In November 1999, Goldstein again committed himself, this time to a hospital in Harlem. He told intake personnel that he wanted to be hospitalized because of “severe schizophrenia.” Hospital records from his stay describe him as “thought-disordered,” “delusional,” and “psychotic.”  However, after less than a month, and just days after hospital records noted that he “remained delusional,” Goldstein was released from the hospital with a referral for out-patient therapy. Three weeks later, he pushed Kendra Webdale under the train!                                                                   

[Ladyjustice:  The system failed miserably and is in part responsible for Kendra’s murder!]

Goldstein’s first trial ended in a mistrial after the jury was deadlocked. A second jury rejected Goldstein’s insanity defense plea and convicted him of second-degree murder, just 90 minutes after beginning deliberation. He was sentenced to 25 years to life in prison.

In response to the Goldstein case, the New York legislature enacted and “outpatient commitment” statute — known as

“Kendra’s Law” — which authorizes courts to force mentally ill people living in the community to take medication. Kendra’s Law permitted for court orders to be obtained for non- medication compliant individuals to receive and accept outpatient treatment for their mental illnesses. The Law also authorizes the petitioning of designated individuals in the court system, on behalf of the mentally ill client, for Assisted Outpatient Treatment or to be temporarily hospitalized for up to 72 hours.

The Law is aimed specifically toward those persons who are:

1) 18 years or older, 

2) Have a history of non-compliance with mental health treatment leading to two or more hospitalizations or periods in a forensic or mental health unit of a prison within 36 months prior to the filing of a petition,

 3) Have committed one or more acts of serious violence toward self or others within the past 48 months,

 4) Such persons are unlikely to participate voluntarily in recommended psychiatric treatment, and 

5) Such persons are likely to suffer relapse that can result in serious physical harm to oneself or others without treatment (Mental Health Association in NY State, Inc., 1999). 

The Law would allow family, roommates, qualified psychiatrists, directors of psychiatric hospitals, and local mental health officials to petition the courts for treatment for mentally ill men and women who may not function safely in the community without supervision.

In this way, both the public and the mentally ill are offered new and higher levels of personal safety. The services that would be targeted by the courts are case management, individual and group therapy, supervised living situations, alcohol and substance abuse counseling, testing for the presence of drugs or alcohol, and educational and vocational services (http://www.state.ny.us/governor/press/year99/may1999/ ). The array of outpatient services encouraged by this Law, if used correctly, will expand the capabilities of the state’s mental health system.

Promising Results… But the Fight Continues for Permanency (May 2010 & April 2012

Op-Ed Contributor

Make Kendra’s Law Permanent

By E. FULLER TORREY

Published: May 31, 2010

ELEVEN years ago, when the New York Legislature passed Kendra’s Law, few could have foretold what a resounding success it would be. At the time lawmakers were searching for a useful response to the tragic death of 32-year-old Kendra Webdale, who was pushed in front of a subway train in Manhattan by a stranger who had untreated schizophrenia. 

The law, initially intended for a trial period of five years, permits state judges to order closely monitored outpatient treatment for a small subset of seriously mentally ill people who have records of failing to take medication, and who have consequently been rehospitalized or jailed or have exhibited violent behavior. 

In 2005, Kendra’s Law was extended for another five years. In all, more than 8,000 people have been treated under its provisions, and the results have been striking.

 A 2005 study of more than 2,700 people to whom the law was applied found that, after treatment, the rate of homelessness in the population fell by 74 percent, the number who needed to be rehospitalized dropped by 77 percent and the number arrested fell by 83 percent. And a study published this year found that people receiving treatment under Kendra’s Law were only one-fourth as likely to commit violent acts, had a reduced risk of suicide and were functioning better socially than members of a control group. 

It’s hard to imagine a stronger argument for making the law permanent. And yet, as it comes up for renewal this month, the state Office of Mental Health is recommending only a five-year extension. Why the hesitation? Apparently, the Office of Mental Health is ambivalent about its star performer. In its latest five-year Statewide Comprehensive Plan for Mental Health Services, Kendra’s Law is not even mentioned, and the program it supports — assisted outpatient treatment — is referred to briefly only twice. 

Perhaps state mental health officials are responding to critics who consider the law politically incorrect because it mandates psychiatric treatment by court order, supposedly violating the patients’ freedom to choose or forego treatment. But these are people whose illness interferes with their ability to understand that they are sick and need medication. They do not have the choice to live freely and comfortably, but only to be homeless, in jail or in a psychiatric hospital. 

The people who could be treated under Kendra’s Law account for only one in 10 seriously ill psychiatric patients. But when these people are untreated, they also make up one-third of the homeless population, and at least 16 percent of the jail and prison population. These people are ubiquitous in city parks, public libraries and train stations. And a small percentage becomes dangerous, even homicidal. 

The law has been a model of success, not only in New York but also in 44 other states that now have similar laws (including, most recently, New Jersey and Maine). Unfortunately, these laws are too rarely used. California, for example, has passed an equivalent to Kendra’s Law known as Laura’s Law, but has not enforced it. If it had, it might have prevented 36-year-old John Patrick Bedell from wandering the country last March, taking orders from his psychotic brain, despite his family’s frantic attempts to get treatment for him. Mr. Bedell ultimately shot two security guards at the Pentagon, and was shot and killed by the officers he injured. 

Kendra’s Law saves lives. By keeping patients on medication, it also saves money that might otherwise be spent on rehospitalization, prosecution and incarceration. New York should take lasting advantage of both benefits by making the law permanent. 

[E. Fuller Torrey, the founder of the Treatment Advocacy Center, is the author of “The Insanity Offense: How America’s Failure to Treat the Seriously Mentally Ill Endangers Its Citizens.”] 

Update April 2012

Albany — The mother of Kendra Webdale has a message for Brooklyn Assemblyman Felix Ortiz and other state lawmakers — stop waffling and strengthen Kendra’s Law.

Patricia Webdale, 70, said too many non-medicated mentally ill people remain on the streets, and it’s time to close the loopholes in the landmark 1999 mental health law named for her daughter.

“People are still falling through the cracks,” she told the Daily News.

Kendra’s Law allows the courts to forcibly administer treatments to dangerously disturbed individuals.

Patricia Webdale, who lives in upstate Fredonia, said the near-fatal stabbing of city Police Officer Eder Loor by schizophrenic ex-con Terrence Hale shows why the law needs to be strengthened.

Hale had stopped taking his medications after his release from prison.

The law was adopted by state lawmakers after Kendra Webdale, a struggling New York City screenwriter, was pushed to her death in front of a subway car in 1999 by a schizophrenic named Andrew Goldstein.

Since the law’s passage, Patricia Webdale has continually lobbied the Legislature to make it permanent — it must be renewed every five years — and to close what critics say are glaring loopholes.

Sen. Catharine Young (R-Cattaraugus County) and Assemblywoman Aileen Gunther (D-Sullivan County) have proposed a bill to strengthen the law.

It would force officials to review expiring treatment orders to see if they need to be renewed, and require the state prison system to notify local officials when mentally ill inmates are released.

Webdale blamed Ortiz, chairman of the Assembly’s Mental Health Committee, for bowing to pressure from advocates for the mentally ill and blocking the Young/Gunther bill.

“I have gone head to head with Ortiz and his office, and at times he has seemed extremely, genuinely supportive,” Webdale said.

“And then the tune would change.”

Ortiz said there has never been a consensus among lawmakers to support strengthening the law.

Following the stabbing of Loor, it will be reviewed.

“I will bring all the parties together and then we will take it from there,” Ortiz said.”

———————————————————————————————————————

Ladyjustice:  ‘Like I said… Listen to Paul Simon on YouTube… At least he’s palatable   DRG

Additional References:

http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/other.html

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00634.htm

http://www.columbia.edu/cu/ssw/courses/2001-3/t6910/nys408-s961tg/#intent

Read more: http://www.nydailynews.com/news/kendra-webdale-mother-brooklyn-assemblyman-felix-ortiz-strengthen-kendra-law-article-1.1065779#ixzz1tCQQ87ya

http://www.columbia.edu/cu/ssw/courses/2001-3/t6910/nys408-s961tg/#intent

Related articles

• Is an insanity defense a constitutional right? (sentencing.typepad.com)
• Fort Worth man accused in fatal stabbing found not guilty by reason of insanity (star-telegram.com)
• Mental Illness, The Insanity Plea, and Civil Commitment Essay (criminologyjust.blogspot.com)
• Crimes and Media (jw8393.wordpress.com)

Historically, there have been many tours that forged the economic growth of our country, paved the way for change and sought to bring a sense of relief from everyday troubles…. And then there’s the “Road to Remember Tour,” created by Monica Caison and her colleagues nine years ago at the Cue Center for the Missing in North Carolina, who take honor, respect and remembrance of the missing to a whole new level….

Joint this writer on a historical retrospective of “the tours” from cattle herders, to entertainers…to the vastly important crime victim advocates who do a most honorable and necessary task.

We’ve “saved the best for last” Read and enjoy through the end… And…. please do SUPPORT Monica’s Tour for the missing….going on now!   [**Note: Ladyjustice gives her opinion of the value of the CUE Center and their Annual Conference too!

 HISTORY: “The Tour” Cattle Herding

• Long-distance cattle driving was traditional in Mexico, California and Texas, The Spaniards had established the ranching industry in the New World, and began driving herds northward from Mexico beginning in the 1540s.
• As early as 1836, ranchers in Texas began to drive cattle along a “Beef Trail” to New Orleans. In the 1840s, cattle drives expanded northward into Missouri. In the early years of the Civil War Texans drove cattle into the Confederate states for the use of the Confederate Army.  In October, 1862 a Union naval patrol on the southern Mississippi River captured 1,500 head of Longhorns which had been destined for Confederate military posts in Louisiana.
• The first large-scale effort to drive cattle from Texas to the nearest railhead for shipment to Chicago occurred in 1866, when many Texas ranchers banded together to drive their cattle to the closest point that railroad tracks reached, which at that time was Sedalia, Missouri .

The Chisholm Trail was the most important route for cattle drives leading north from the vicinity of Ft. Worth, Texas, across Indian Territory (Oklahoma) to the railhead at Abilene.

• Cattle drives were a tricky balance between speed and the weight of the cattle. While cattle could be driven as far as 25 miles in a single day, they would lose so much weight that they would be hard to sell when they reached the end of the trail. On average, a herd could maintain a healthy weight moving about 15 miles per day. At that pace, it would take as long as two months to travel from a home ranch to a railhead.
• To herd the cattle, a crew of at least 10 cowboys was needed, with three horses per cowboy. Cowboys worked in shifts to watch the cattle 24 hours a day, herding them in the proper direction in the daytime and watching them at night to prevent stampedes and deter theft.
• The typical drive comprised 1,500–2,500 head of cattle. The “outfit “consisted of a boss, ten to fifteen hands, each of whom had a string of from five to ten horses; a horse wrangler who handled the horses and a cook who drove the chuck wagon. The wagon carried bedrolls and tents – a luxury. The men drove and grazed the cattle most of the day, herding them by relays at night.  Wages were about $ 40 a month, paid when the herds were sold. [Monica Caison takes no salary.]
• Smaller cattle drives continued at least into the 1940s, as ranchers, prior to the development of the cattle truck and stockyards for transport to packing plants.

HISTORY: “The Tour” of Circus Life 

• The circus came to the United States on April 3, 1793. John Bill Rickets, an English equestrian rider, used a ring and added acrobats, a rope walker and a clown to his equestrian act.
• Initially, entrepreneurs put individual wild animals on display and charged admission. As time went on, exhibitors began adding more animals to their shows. By the early 1820s there were 30+ traveling menageries touring the eastern US. It wasn’t until the late 1830s that promoters figured out a way to combine the menagerie with the circus.
• Eventually, menageries began using equestrians and clowns to present performances in circus rings, so the distinction between circus and menagerie gradually faded. They traveled at night in wagon trains over country roads often a foot deep in mud, covering only two or three miles an hour. These were the so-called mud shows. The longest distance they could cover was 10 or 15 miles. A hostler rode ahead of the wagons to find the shortest route and to “rail” every fork and crossroad by taking a rail from a farmer’s fence and placing it across the road that was not to be taken so that the wagons would avoid making a wrong turn.

• An advance agent “ballyhooed” the show, arriving on horseback about a week ahead of it. On circus day, a clown would come into town a couple of hours before the circus enticing the townspeople with acrobatics, clown antics and jokes followed by the arrival of the wagons. The regular members of the troupe split the profits, with each expected to perform several jobs. Owners seldom paid salaries.
• Circus “roustabouts” are people who “get sweaty and they’re proud to do so.” They dismantle the show and build it up again in the next town their jobs consisted of the physical act of carrying the “big top” and rigging to the empty lot for set-up, called, “the haul.”
• Joshua Purdy Brown, a native of Somers, New York, put up the first circus tent in Wilmington, Delaware, in 1825. [The CUE Center is located in Wilmington, North Carolina.] The perfect innovation was the simple idea of a canvas tent that was easily portable, yet kept both rain and blazing sun off performers and spectators.

• The 1850s ushered in the golden age of the circus. By 1852, about 30 circuses were touring the US. The decade of the 1850s represents golden age of the river, an era when river traveling in general and showboats in particular were at their height. Charles W. Rogers built the first circus showboat, called the Floating Palace, for $42,000.

• Circuses could also choose which towns to play. Previously, a show was limited by how far its baggage stock horses could walk overnight. Many times this meant having to stop in towns that gave only limited patronage. As time evolved, trains carried circuses to towns hundreds of miles away, offering performers a good night’s sleep. Though P.T. Barnum took credit for it, it was William Cameron Coup’s [one of the co-founders of the Barnum & Bailey Circus]. idea to design a special circus train.

And Who Could Forget….Willie Nelson and Family Old Farts and Jackass Tour….On The Road Again… 

• The Old Farts and Jackass tour began in Durham, NC on January 18^th, 2013 at the Durham Performing Arts Center. On Saturday night, Willie Nelson and family performed in Bowling Green, KY at the Performing Arts Center before heading south to the Tabernacle in Atlanta.
• After the annual bacon and egg luncheon, the Presidential Inaugural Swearing Ceremony took center stage. Willie stepped forward and placed his hand on the Bible.  The Joint Congressional Committee spoke of the logistics of presenting such a presidential event in an old church and security concerns plaguing the event from the beginning.
• Fast forward to today… in October 2013, Willie is 80+ years old, [born April 29, 1933] and just keeps on rollin’…. LJ counted 30 tour dates from October 15^th through the end of the year… Whew!   http://willienelson.com/tour/

AND NOW… the 10^th “On the Road to Remember Tour”

In the Beginning…

The  CUE CENTER Annual Tour was created to generate new interest in cold cases of missing people across our nation. The inspiration came in 2004 from the case of North Carolina college student Leah Roberts, who went on a cross-country trip of self-exploration. Her wrecked and abandoned vehicle was found. However Leah is still missing to this day… Leah’s case went cold and interest faded until CUE volunteers began a grueling 14-day trip to retrace her route  informing  the media of her case and all those who were missing along  the path of the tour. In the years to follow, interest was strong to keep hope alive for other families across the country who requested help and who supported the concept and vision of the tour. (http://ncmissingpersons.org)

Each year the tour covers a different route. This year  the following states are featured:  North Carolina, South Carolina, Florida, Georgia, Virginia, Tennessee, Louisiana, Mississippi, Alabama offering the opportunity for all families with missing loved ones, or those who advocate for them, to participate.

2013 marks the TENTH YEAR for  the CUE Center for Missing Persons ANNUAL On the Road to Remember Tour spanning thousands of miles across the United States to bring awareness to missing persons and unsolved cases, many which have never been featured in media.

Anyone can volunteer to sponsor a rally stop in their community held in various venues including public parks, churches, schools, law enforcement departments or any location in which media can partake. It is vital that the media ha the opportunity to provide information about the missing persons represented at each rally stop. Each stops lasts about an hour with Founder of the CUE Center, Monica Caison, other CUE CENTER representatives and family who assist in obtaining media coverage of their event,

Examples of creative past events: balloon/butterfly/lantern releases, candlelight vigils, prayer circles, safety events, guest speakers and any variation of events to draw public attention, and needed CLUES from the public!  RESULTS: In 2008, this event assisted in solving a cold case of twenty eight years!

It Takes A Village! Monica’s philosophy is that all investigations require the efforts of the public, volunteers and the media working in collaboration on cases involving missing children and adults, it is only when such collaborative efforts take place, that cold and inactive cases have the best chance to finally be resolved and bring resolution for families.

For daily updates on the current tour see posts from Monica at: https://www.facebook.com/pages/CUE-Center-For-Missing-Persons/136501784957?sk=app_57675755167

To Donate: PO Box 12714 Wilmington, NC 28405
(910) 343-1131 / (910) 232-1687
Contact CUE

References: http://en.wikipedia.org/wiki/Cattle_drives_in_the_United_States

http://www.history-magazine.com/circuses.html

http://www.pbs.org/opb/circus/circus-life/talking-circus/

Running from responsibilities or problems… or just running to the ladies room… In any case, IT NEVER SHOULD HAVE HAPPENED! There is this strange phenomenon… or perhaps this writer is just imagining it…. But I don’t think so… You tell me at the end….

Ladyjustice asked herself recently, what is it about girls “who run together;” who operate differently than many males? This writer hypothesizes that much hasn’t changed over the years regarding how groups of youth generally socialize.  YES… much HAS changed with respect to the introduction and influence of social media ever –present. Young men and women are virtually glued to their electronic devices 24/7. So… is it then a “sip of your drink at the bar, head down to check your messages or text” …and then repeat a million times over?   If so, no wonder we are missing important observations like – a friend gone missing, for instance!

Women tend to socialize in twos…or in small “packs” whereas young men meet up at a bar unless transportation is a problem. Or, maybe it’s the initial comfort level or perceived loyalty of girls…. But girls can also cause much drama.  Guys don’t have time for drama. They get to the heart of the matter quickly or are ruled by their hormones.

Irrespective of these factors, real or imagined, three examples of “Girls Gone Missing and Their Peer Groups” come to mind. These women suddenly and inexplicably “went missing” and who, at least initially, were in the company of female friends “supposedly to protect and serve each other.”  LJ isn’t saying that this was intentional in every instance…. Just that vigilance was not part of the scenario. And… oh what a mistake it was….  One of the three women’s remains has been identified, while the remaining two remain illusive to law enforcement, their parents and the world. You will read about the three women Ladyjustuce has chosen to tie together… for good or for bad…as a learning experience. We will present:

Brittanee Drexel, Morgan Harrington and Natalee Holloway

In a book called “Developing through the Lifespan”, Kathleen Stassen Berger states in her slide presentation that a Clique is defined as:

Clique -A group of adolescents made up of close friends who are loyal to one another while excluding outsiders. Whereas a

Crowd – is a larger group of adolescents who have something in common but who are not necessarily friends.

She states that when CHOOSING FRIENDS:

Peer pressure   occurs when encouragement to conform to one’s friends or contemporaries in behavior, dress, and attitude; usually considered a negative force, as when adolescent peers encourage one another to defy adult authority. WHEREAS

Selection occurs as teenagers select friends whose values and interests they share, abandoning friends who follow other paths.

Susan Shapiro Barash in her book, Toxic Friends: The Antidote for Women Stuck in Complicated Friendships interviewed 200 women of assorted backgrounds and ages, and asked them all kinds of nosy questions about their friends. .  A synopsis of this information is passed on via Psych Central and Associate Editor, Therese J. Borchard:

The Ten Types of Female Friends:

1. The Leader

The leader is the friend we feel we must have the one who can make or break our social lives. Being the leader renders one a “winner”–she is strong and outspoken; she understands her potency.

2. The Doormat

The doormat is a martyr. She isn’t one to make her demands known and rarely questions anything. She is useful when any friend, in any category, is in a bad way–the doormat absorbs her sorrows willingly. The doormat yearns to belong to a group,

3. The Sacrificer

The sacrificer is the one who takes the leap for her friends, and in tough times, we lean on this person, who will answer her phone in the dead of night to console you. The sacrificer’s search for closeness is often what motivates her, and she is confident that she can handle a friend’s expectations.

4. The Misery Lover

Enough women describe their misery lover as a friend who cares more about your bad news than your good news. These friends rally when a crisis hits and are even able to make a small incident into a bigger problem, at times…. When the situation improves, she distances herself.

5. The User

The user stands alone in how every step she takes is purposeful and deliberate….This friend can be enticing and charismatic and knows how to wheedle her way into one’s life and firmly entrench herself. She also has a hidden agenda

6. The Frenemy

The frenemy is the dark side of the user, with manipulation an underlying factor in these negative relationships. Many times her act is refined…..Although it is apparent why and when one should walk away from this kind of friend, cultural messages, oddly enough, ramp up our view of frenemies. This gives tacit approval for the emotions and passive-aggressive behaviors that accompany the relationship. [Ohhh… this one sounds evil- LJ]

7. The Trophy Friend

The trophy friend is out for the conquest of making you her friend….This friend is capable of seduction; she discovers you, and it is thrilling to be together….The trophy friend is savvy about intimacy and passion but falls short on commitment.

8. The Mirroring Friend

The mirroring friend has an identity that resonates with our own. So we are drawn to her, even if we aren’t the same exact kind of friend ourselves; t is the mirroring aspect of the equation that makes it work. Our mirroring friends want to be with us in good times and bad with their matching joys and sorrows … and are able to provide great solace.

9. The Sharer

While women are known to trade confidences, the sharer not only will tell all but will pour herself into the friendship. The sharer remains emotional and open, friendly and focused; she wants you to be her best friend. This kind of friend anticipates a serious pledge from her friends and feels that she, based on her own path, can ask for it.

10. The Authentic Friend

The authentic friend is the one we are in search for, a woman who has a high tolerance for her friend’s entanglements and is deeply committed to the relationship. This relationship makes it worth all the ups and downs inherent in female friendship, and operates on mutual self-esteem, care, and flexibility. This is the friend who reinvented her role and adapts as friendships alter with time; she also remains steadfast with the patterns that have succeeded over the years.

[Just to let you know LJ thinks she is a combination of the three of the best…We hope!]

Knowing that females are attuned more to the emotional aspects, could we further surmise that when a problem occurs, rather than use “brawn”, girls are more likely to separate, “leave in a huff” or “get revenge?” Alternately, some women desire to be free as in a celebratory event and may take risks they otherwise would not, particularly if alcohol, drugs or environmental stimuli (such as large concerts) are in the mix.

‘With that backdrop… LJ takes you to the first scene of the crime:

NATALEE HOLLOWAY’S FEELING FREE AFTER GRADUATION “CHAPARONED TRIP” TO ARUBA”

Natalee Holloway

The Peer Group’s presence breaks down at Carlos & Charles

After Natalee’s disappearance, her friends go on record saying via interview with Greta Van Sustern at Fox in June 2005, saying:

• Carlos & Charles’ was “just a place to go when the sun went down.”
• They were together in the casino when Holloway introduced herself to Joran ver der Sloot, reportedly not an outgoing or receptive local.
• The “girl crowd” supposedly met the “guy crowd” at Carlos & Charlie’s on a Sunday night “quite by accident.” Van der sloot stated, “Sunday was not a fun night on the island,” so they were surprised he showed up at all.
• Natalee’s friend, Frances Byrd stated that no one saw Natalee leave with Joran. She said, “If one of our good friends had seen her, we would never have let her get in the car with him, ever. Absolutely not!”
• It was reported by her friend Francis that there were a lot of local people and a huge group of people waiting outside for taxis.  However, in the confusion, they never saw Natalee enter the taxi.
• Natalee’s friend Ruth McVay reported that she left around midnight while they speculated that Natalee left nearer to closing time around 1 a.m.
• The next morning, friend Ruth McVay states, “Oh we knew there was something wrong because Natalee is one of the most responsible friends. When she was not with us, we were worried.  We were right there with the chaperones trying to figure out what was going on.” [LJ- Where, of where were the chaperones when they were really needed at Carlos & Charles’s?]

Commentary:  Girlfriends are loyal and can be the protective mother hen” when needed.  However, when a good girl is hell-bent on “letting loose” and gets in over her head in a foreign land and when under the influence of alcohol, bad things happen.

The Blame Game:

• A much more proactive, detailed orientation program should have been devised by high school officials intending to pursue such a trip.
• [LJ- Thanks to Beth Holloway, there now is such a program- http://donnagore.com/2011/07/10/an-aruban-mystery-blossoms-into-a-resource-center/]
• The chaperones failed miserably…. Could they not have foreseen that 17 year olds may have wanted to “push the limits?” Why was there not a greater presence-particularly at night in a bar setting?
• The “peer group” should have “stuck together” regardless of temptations… But let’s face it; they were kids with “not yet fully developed brains.”
• The cultural differences, incompetancies of the investigatory officials and international media presence, the political influence of the van der sloot family, the misinformation and lack of communication no doubt created the “perfect storm” in this still unresolved case.
• The “evil doer” mass murderer Joran van der sloot, who to this day will not divulge  substantive information regarding the whereabouts of Natalee to her family will ultimately rot in the hell he created

BRITTANEE DREXEL LOOKING FOR ADVENTURE IN ALL THE WRONG PLACES

Brittanee Drexel

Some people fancy the term “Murder Beach” when referring to Myrtle Beach, South Carolina.  Such a term “stabs LJ in the heart,” because her experience has been quite the opposite! However, it does depend upon what part of town you speak of, what risks are taken, how naive you are, what other environmental conditions exist etc.

The high-profile case of Brittanee Drexel can never be emphasized enough, for it is a prime example of what kids do on a lark….and then things have the potential to go horribly wrong in no more than a moment’s time!  Brittanee is a 17-year-old from upstate New York in the Rochester area. LJ asks what 17-year-old does not have problems and wishes to break free  from the confines of parental monitoring during spring break….if only for a while?  She is no different from millions of other teens…  When she was in Rochester, she was an impassioned soccer player with a caring boyfriend.

What forces were at play when Brittanee decided to leave her hometown and leave her boyfriend to go on vacation with a group of girls (who were older than she), who did not have her best interests at heart and… without her mother’s knowledge or permission we may never know with certainty.

• Reportedly, Brittanee took the offer of the time away in what must have seemed like “exotic Myrtle Beach, South Carolina.
• Blog posts in March 2013 from www.helpfindbritaneedrexel.com give the opinion that the group of girls invited her and effectively abandoned or ostracized Brittanee after inviting the underage teen along.
• Was she ultimately “not cool enough” for their activities which purportedly included drug use? Did she wisely refuse and for all intents and purposes was then on her own… “So sad, too bad “as the saying goes?
• Intimate partner violence expert Susan Murphy- Milano stated in her blog post of May 4, 2011 about the circumstances of Brittanee’s disappearance that, her Mom, Dawn Drexel is told via the boyfriend, after he initially learns from the girls specifically that “Brittanee is missing.” Focusing in on his use of language, Susan asks, “How does he know to say that, if he is not in Myrtle Beach?” Susan postulates, “it is because after Brittanee doesn’t text back, he calls one of the girls and learns something has happened? He then repeats what he has been told by the girls to her mother. Bingo! How do they or anyone know at that point– anything about Brittanee? It is not possible to say a person is “missing” unless, wait a minute, they have direct and absolute knowledge?”  This writer thinks It sure sends up red flags about the entire bunch…
• Susan also stated that the group who invited Brittanee to Myrtle Beach “continue to claim they ‘did not know’ Brittanee and yet the photo’s from last week on the blog prove otherwise.” Reportedly, these girls never assisted  with flyers or searches, unlike Brittanee’s true friends
• On Brittanee’s website blog, there is a mention of her retrieving a pair of shorts belonging to a friend prior to going out again.  Was that the last time she would seethe evil, heartless   girls before she went missing? As Britanee supposedly walked the street all day and night solo along the sand laden strip of motels-hotels on Ocean Boulevard, how was she feeling?
• At some point Brittanee, the soccer player, met up with a group of male friends from Rochester at the Blue Water Resort, intending to walk back to her hotel.  This was the location of her last known sighting by video on April 25th at 9 pm.
• Supposedly, Brittanee texted her boyfriend at that point in time that she was headed back to her hotel.  [LJ wants to know, what were the circumstances surrounding her leaving the group of guys? And…. Why did they ever allow her to leave alone in the dark, in a strange city without escorting her?]
• “The girlfriends” obviously didn’t care about Britanee’s welfare if they were engaged in drinking and drugging. A non-compliant 17-year-old was just “excess baggage” to them.
• Myrtle Beach Police theorized hat Brittanee was abducted while trying to return to her hotel.   Her cell phone’s last communication was aping emitted from a tower in MvClellenville, S.C. – About 60 miles or an hour and 20 minute drive from Myrtle Beach.
• As of July 2010, persons of Interest have included: Timothy Shaun Taylor who was one of three men who grabbed and was accused of trying to kidnap a woman July 21 on Ocean Boulevard in Myrtle Beach. Taylor is the brother of a McClellanville man who had been charged with the 1998 abduction and murder of 19-year-old Shannon McConaughey.  McConaughey’s body was found in northern Charleston County, the same general area where investigators last pinpointed Drexel’s cell phone signal.
• As of February 2012, investigators named Raymond Moody, 51, of Georgetown County as a person of interest. Police are now considering convicted rapist Raymond Moody, who served a 21 year sentence for the 1983 abduction and rape of a California girl, to be the prime “person of interest” in her disappearance.

Commentary:  Brittanee’s mother, Dawn Drexel, suffers the day-to-day agony of wondering and waiting for more clues…. Wondering if any of the girls will give up information, will ever “grow a conscience” to put the case to rest. In an April 17^th 2013 press release, [Coincidentally that date is the anniversary of the murder of LJ’s father] she promised herself  she would not be “one of those families” waiting forever…. If only we could know what the future holds….

Anyone with information regarding Drexel’s whereabouts or her disappearance is asked to call the Myrtle Beach Police Department at 843-918-1963 or the CUE Center For Missing Persons’ 24 hour tip line at 910-232-1687.

MORGAN DANA HARRINGTON – A DATE WITH ‘METALLICA…AND THEN GONE!

Morgan Harrington

On October 17, 2009 a young woman with much promise personally and professionally was snuffed out by an unknown assailant .  She seemingly innocently went to a Metallica Concert in Charlottesville, Virginia. Morgan Harrington at 20,  was barely out of her teens, yet she possessed worldly aspirations as far-reaching as Zambia, Africa.

Morgan attended the concert with a group of friends. Morgan separated from those friends, reportedly for a smoke break.  Depending upon the venue Metallica concerts attract 5,000 to 50,000 fans at per concert.

• John Paul Jones Arena, or JPJ, opened for the 2006 through 2007 NCAA Division I basketball season and is located at the University of Virginia in Charlottesville, Virginia. It has seating for 14,593 fans, nearly twice the capacity of 8,457 at Virginia’s previous facility, University Hall.                                                                                                          The design features pergolas on the outside to tie in the design with Scott Stadium, UVA’s football facility. This style is known as Jeffersonian architecture, reminiscent of the many buildings designed by Thomas Jefferson on UV’s grounds and nearby.
• A TIMELINE reported by police is as follows:
• 8:20 pm – 8:30 pm Harrington was outside the John Paul Jones arena at several locations including the front entrance and the side facing University Hall;
• 8:30pm-8:48 pm Morgan was still outside JPJ Arena trying to get back in 8:48pm.   A friend inside phoned her on her cell phone and offered suggestions about how to get back in the arena.
• Apparently Morgan made it to the restroom, as a bystander in the restroom did not smell alcohol on Harrington, but noticed that she was acting erratically. The bystander said that Morgan was disoriented and did not know where she was.
• As a consequence of at least one bystander coming forward and assisting Morgan new information was learned regarding Morgan’s condition.  The Harringtons filed a $3.9 million dollar lawsuit against Regional Marketing Concepts, Inc., suing the company for negligence and breach of contract.
• The bystander in the restroom assisted her but did not smell alcohol; the Good Samaritan described her as being disoriented. Harrington eventually stepped outside of the arena during the concert and was denied re-entry.
• It is certainly a very arduous and complicated road to have criminal and civil proceedings on-going simultaneously….
• During interviews in March 2013,
• http://www.newsplex.com/home/headlines/Harringtons-Claim-New-Information-In-Daughters-Murder-200066721.html
• “There are occasions when people have the means to act and they should act,”
• Adding credibility to the lawsuit, is that fact that it was learned that   RMC Events arranged for an intoxicated off-duty police officer from Fairfax County to get into a taxi.
• [LJ -SO…why was Morgan not allowed re-re-entry….]

• There were also reports that Morgan was injured not only with a 2 to 3 inch gash on her chin and bleeding profusely, but that a head injury caused her disorientation … How did this occur? Was Morgan jostled by the crowd…or did someone attempted to assault her on the way to her smoke and bathroom break?   And …why the different rules of re-entry, especially if Morgan was obviously in distress?  Too many questions….
• It was reported that Harrington interacted with several concertgoers and, according to police, members of the UVA men’s basketball team on her way….
• Surveillance cameras at the concert caught Harrington getting turned away from several entrances as she tried to return to the concert.
• A partner with law firm Tucker Griffin Barnes, who has no connection to the case, stated the burden of proof is on the Harringtons. “The plaintiffs must not only prove that RMC Events was negligent, but that the company’s negligence led to Harrington’s death.”

• After Harrington began hitchhiking.  Police said Harrington was picked up on the Copeley Road Bridge, which is not on the property of the John Paul Jones Arena.
• “The legal question posed, is whether a property owner is responsible for the criminal acts of a third-party,” Griffin said.”
• Evidence left behind…. . Morgan’s T-shirt was found outside an apartment building near the Charlottesville auditorium, However, her camera and a crystal necklace she had with her were missing.
• More to the story – A DNA Link In January 2010, Virginia State Police recovered Harrington’s remains in a field on an Albemarle County farm about 10 miles from where she was last seen.
• While no suspects have been identified in the case, the FBI says DNA evidence has linked Morgan’s murder to an unsolved 2005 sexual assault victim from Fairfax, Virginia in 2005. Composite Sketch of the suspect: http://www.fbi.gov/news/stories/2012/june/help-FBI-catch-morgan-harrington-killer/morgan-harrington_060412
• Help us catch Morgan Harrington’s killer. If you have any information about the Harrington case or the Fairfax City assault, contact the FBI at 1-800-CALL-FBI, the Virginia State Police Tip line at 434-352-3467, or submit a tip online.

Commentary and “Blame Game” – Returning to the Girlfriend Peer Group theme…. In this case, Morgan’s friends did try to assist in some ways…. They communicated by cell phone trying to tell her how to re-enter the arena…. But… vigilance, as in the other cases, was absent.  If the concert was sold out, there were approximately 14,600 fans… Morgan became injured and disoriented. Although she appears to be an independent and capable person, these environments are unpredictable.  Why did her friends not insist on accompanying her as a common sense measure and for safety?  Hindsight….

As part of the lawsuit, the complaint cites “the frequently violent themes in heavy-metal music songs, as well as 40 reported assaults that occurred within a half mile of the arena in the three years prior to Harrington’s disappearance and death as evidence that RMC acted with negligence in barring her reentry and should have known serious harm to her was a possible outcome. “

http://www.readthehook.com/109328/security-failure-morgan-harringtons-family-refiles-complaint

A Bright Spot -Metallica Band Assists in the Investigation -

The multimedia campaign includes a public service announcement by METALLICA lead guitarist James Hetfield appealing to the public to come forward with information concerning the Morgan Harrington investigation (See video) In a statement posted at their official website, called “The Loss Of A Fan,” METALLICA wrote in part, “We are profoundly saddened by the news of the discovery of Morgan Dana Harrington‘s body . . . Mere words cannot express the anguish and grief that we know her parents Dan and Gil are feeling, and our thoughts are with them.”

http://www.metal4all.com/metallica-frontman-films-public-service-announcement-in-morgan-harrington-murder-case/

Good Works in the Aftermath:

1) The Morgan Dana Harrington Educational Wing, OMNI Village, Ndola, Zambia, Africa

OMNI, Orphan Medical Network International, donations may be mailed to:

OMNI
6930 Empire Lane
Roanoke, Va. 24018
Or on line at www.omnimissions.com
OMNI is a 501(c) 3 charitable organization

2) The Morgan Dana Harrington Memorial Scholarship, Virginia Tech-Carilion Medical School
VTC Scholarship donations may be mailed to: Virginia Tech
Morgan Dana Harrington Memorial Scholarship
University Development
Blacksburg, Va. 24061
Or on-line at Morgan Dana Harrington Scholarship

http://omnimissions.com/site/build/

3) Non-Profit: Help Save the Next Girl.com

http://www.helpsavethenextgirl.com/

Parting Words-

Many commonalities…. It is Ladyjustice’s sincere hope that we can continue the conversation with these families…. Perhaps a Special Two-Hour “Shattered Lives” Radio Broadcast could be in the making…. Stay tuned… and be safe!

The comments expressed on this website or on the broadcasts of Shattered Lives do not necessarily reflect the opinions or beliefs of the hosts, producers, or other guests.

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• Victim Impact Statement Assistance with Donna R. Gore (imaginepublicity.com)
• Victim impact statements provide ‘balanced view’ (itv.com)
• VICTIM IMPACT STATEMENT (Example) (deborahjmonroe.wordpress.com)
• LadyJustice Speaks to Connecticut Law Class (imaginepublicity.com)
• Justice, Reform and Humanity Thy Name is Jennifer Bishop Jenkins… (donnagore.com)