Posts Tagged Justice
Mary Fetchet – A 9/11 Voice Extraordinaire
Posted by Administrator in Grief Counseling, Justice, Survivors of Homicide, Victimization, Violent Crime on November 2, 2011
Prelude to a crusader: Musical link: http://www.youtube.com/watch?v=6xuVHgz1tJk
Please listen to Dame Shirley Bassey “You’ll Never Walk Alone” (2 min, 24 sec)
Much has been written about 9/11. Although Ladyjustice is a confident writer after all of these years, even as a homicide survivor, how does anyone do justice to such an event? ‘Nearly impossible! There have been numerous memorials in every state, dedications, fundraisers, media tributes and movies as well as personal gestures from young and old alike.
Amid considerable tears, LJ watched the 10 year anniversary television coverage on a recent Sunday and was witness to the spectacular, well planned and executed Ground Zero Memorial. This site was indeed awe producing, an environment that was inviting and personally serene as well. Can’t wait to order my ticket and attend before the winter snow flies….
For all of the cynical blog comments noted, including, “F—– it, Move on…” this blogger states unequivocally that you don’t deserve to breathe the same air as the rest of us… You are self-centered, selfish and totally devoid of compassion! You will never, ever understand homicide…unless you experience it up close and personal! But… on to others much more deserving of ink…..
Mary and Frank Fetchet are a couple living in Fairfield County Connecticut (on the doorstep of New York City.) They happened to have a son Brad, 24 years old, who was working in the World Trade Center Towers on that fateful day. Brad left a reassuring phone message for his mother stating essentially that…”I’m fine… Don’t worry. We’re in the other tower. They may even let us out of work early.”
How wrong he was…. Brad’s father, Frank stated that at the time, he felt confident that as his son was “innovative and streetwise” he would probably find his way out. He did not…. He perished with many others.
In Ladyjustice’s opinion, the best account ever that encompasses all aspects of 9/11 with a tremendous amount of information is the former Court TV 2005 documentary called, “On Native Soil.” This work is an engrossing, touching and shocking journalistic film told from many perspectives. It provides the viewer a courageous example what homicide survivors are capable of when given the will and determination. The fact that a small group of surviving families collectively “turned the government tide” and overrode Congress and the wishes of President Bush is truly unprecedented!
The primary force behind this tremendous feat was social worker and mother of Brad Fetchet, Ms. Mary Fetchet. The “Voices of 9/11” was created by a small group of Fairfield County, Connecticut and New York surviving families after the terrorist bombings and became recognized as the premier organization addressing the ongoing needs of family members of nearly 3,000 murder victims, rescue workers, and survivors whose focus is prevention, preparedness and response related to terrorism.
The Critical Time:
According to detailed information offered in On Native Soil,” the quest for answers was indeed a bumpy road. Congress had oversight of governmental agencies such as the CIA, the FBI and the FAA. All of these agencies, as well as the Bush and Clinton Administrations “passed the buck,” dropped the ball” and failed miserably!
On June 2, 2002, the families representing 9/11 victims were denied a Federal investigation. The 9/11 families were shocked and appalled to say the least. As Mary Fetchet put it, “I was naïve enough to believe that people would do the right thing.” Following the denial, Senators Joe Lieberman (D- CT) and John McCain (R- AZ) introduced a resolution to Congress. It failed… After an all night vigil, family members, “faced down” President Bush’s Assistant for Legislative Affairs, Nick Calio. Calio approached the President and told him despite Washington’s opposition, fearing what would be uncovered, they had no choice but to ‘give in to their demands.” There were 12 public hearings within a 16 month period. The failures and incompetencies revealed as one views “On Native Soil” were absolutely unbelievable!
The consensus among surviving families was that there was frequent lack of cooperation with Committee member’s questions, stonewalling, and a total lack of responsibility or accountability. “I’ll have to get back to you on that”; ”I wasn’t in charge when “X” occurred,” were typical responses. And one of the few tangible accomplishments three years later when the final report was issued, included a new government position known as the “Director of National Intelligence.” Next were the tasks of creating legislation from the recommendations and implementing them for the benefit of the masses and future generations. This is still a work in progress.
Mary Fetchet: The Person; the Director and her Accomplishments
Mary Fetchet, LCSW
Founding Director - Voices of September 11th
Mary Fetchet is the Founding Director and driving force behind VOICES of September 11th. A professional social worker and former educator, Ms. Fetchet co-founded the 9/11 advocacy organization following the death of her 24-year-old son, Brad, in the attacks on the World Trade Center.
Ms. Fetchet’s mission: to create an organization that addresses the ongoing needs of families of the nearly 3,000 victims, rescue workers and survivors while promoting awareness for prevention, preparedness and response related to terrorism. Her firsthand experience as a social worker and victims’ advocate has uniquely influenced the evolution of VOICES in creating programs that anticipate the long-term, intergenerational needs of 9/11 families and survivors.
Headquartered in New Canaan, CT. with a recently opened second office in New Brunswick, N.J., VOICES is a grass roots family advocacy group providing support and navigating complicated political systems for over 11,000 members. The international organization serves as a clearinghouse of information for 9/11-related issues, offers links to related resources and provides an expanding range of services. Programs include: support groups, lectures, Day of Remembrance events and forums as well as outreach to all those affected by the events of September 11th.
Providing Information, Outreach and Programs
VOICES experienced staff provide information, outreach and programs on the many aspects of post-9/11 life, with a particular focus on helping 9/11 families, survivors, rescue and recovery workers and others affected by fostering resiliency through family-based mental health programs.
In September, 2006 VOICES launched the 9/11 Living Memorial Project, a digital archive commemorating the lives of the nearly 3,000 lost at the Pentagon, Shanksville, PA and the World Trade Center site and documenting the first hand accounts of rescue workers and survivors.
VOICES professional staff has conducted hundreds of workshops throughout the United States and met one-on-one with over 800 families to create a meaningful tribute to their loved ones.
The 9/11 Living Memorial Project has grown to an extensive collection of over 30,000 photographs, written materials and personal keepsakes shared by those impacted that tell a meaningful story that will preserve the stories of 9/11 for future generations.
Ms. Fetchet has achieved significant local and national praise for her advocacy work. A strong advocate for raising national and local preparedness, Ms. Fetchet campaigned for the creation of the independent 9/11 Commission and continues to promote the implementation of the Commission’s recommendations for government reforms. She has testified before the 9/11 Commission, and before the United States Senate and House of Representatives on five occasions. She has made countless appearances on national television programs, and frequently contributes to print and radio news media.
Ms. Fetchet has served on a number of advisory boards and organizations including: The Family Steering Committee for the 9/11 Independent Commission, the National Homeland Defense Foundation, the National Traumatic Stress Network, the Coalition of 9/11 Families, the Family Advisory Committee of the Lower Manhattan Development Corporation (LMDC), Columbia’s WTC Evacuation Study as well as the Homeland Security Advisory Council’s Homeland Security Alert System Task Force.
Ms. Fetchet’s work has brought her substantial recognition that includes being a recipient of the National Justice Award in 2003 and being presented with the ‘Connecticut Hero’ award by Senator Joseph Lieberman in September 2004. She was also named an ABC News Person of the Year in December 2004. Other honors include a 2005 Red Cross Award, a 2005 Rotary Foundation Paul Harris Fellowship, and a 2006 “Connecticut’s Most Uncommon Women” award. A graduate of Columbia University with an M.S. degree,
Ms. Fetchet worked as a clinical social worker at Bridges, an outpatient mental health clinic in Milford, CT. She lives in New Canaan with her husband Frank, and has two surviving sons, Chris, age 22, and Wes, age 29.
Mary is a tireless advocate for all 9/11 families. To use a familiar comparison to many readers, she is the “Susan Murphy Milano” representative for surviving families suffering from the most horrendous terrorist event in history. She carries the torch for all survivors…. Ladyjustice knows very well that government operates by its own rules, is steeped in bureaucracy, often for no good reason, other than “tradition,” creates its own problems and is often quite disillusioning to the average person. [‘Just like the criminal justice system!] Are we not surprised that it takes sane and reasonable people so long to recover, not only from their tragedies… but by adding insult to injury when forced to deal with the endless frustrations and obstacles encountered by all of these entities?
We are so proud of you , Mary!
Opportunities….
To view a wonderful video “Voices of 9/11 A Take Part Short Film,” go to link: http://www.youtube.com/watch?v=9zyuaeiY1aU.
To visit their website and donate: please go to: http://www.voicesofseptember11.org/dev/index.php
To purchase a copy of “On Native Soil,” go to:
http://www.amazon.com/Native-Soil-Kevin-Costner/dp/B000FWHW7C
Respectfully,
Donna R. Gore, M. A.
“Ladyjustice”
Homicide Survivor, Connecticut
MICHAELA’S GARDEN PROJECT
Posted by Administrator in Advocacy, Grief Counseling, Justice, Support, Survivors of Homicide, Violent Crime on October 13, 2011
Michaela’s Garden Project Seed Locations
After the tragic July 2007 home invasion and fire in Cheshire, CT, that took the lives of JENNIFER HAWKE-PETIT and her daughters, HAYLEY and MICHAELA, family members visited the home site to see if anything of value could be salvaged. Little was left.
One exception was the many flowers and foliage plants that Bill and MICHAELAhad planted and maintained over the years. One flower in particular was dear toMICHAELA—her Four O’Clocks. Because of that, the Four O’Clocks were dug up, brought to Plainville, CT and replanted.
Michaela’s Garden Project is designed to encourage area families and youth to become more involved in community service.
For the past three summers Michaela’s Four O’Clocks have been re-planted from harvested seeds. As a result, enough seeds have been collected to begin the Michaela’s Garden Project. The summer of 2010 was our first mass propagation effort. With the help of volunteer gardening enthusiasts, Cub Scout Pack 49 of Plainville, Cub Scout Pack 30 of Bristol and other area youth groups, we produced about 5,000 plants—all from Michaela’s original garden. The seeds from these plants were harvested, packed and are being sold in specially designed packs of 25 seeds as a fundraiser for the PETIT FAMILY FOUNDATION.
About Four O’Clocks
A favorite of MICHAELA’s, Four O’Clocks are sturdy, bushy plants with showy red, pink, yellow and white trumpet-shaped flowers. Some blooms are two-toned—usually yellow and white.
Four O’Clocks got their name because they open their flowers in mid-afternoon (about 4 o’clock). The blooms remain open overnight, and close in early morning. They are also known for their strong, aromatic fragrance,
Four O’Clocks are native to tropical areas of North and South America and are often called the “Marvel of Peru”. They are actually perennials that are grown in northern areas of the U.S. as annuals.
The dark green, bushy plants make an excellent hedge or border. Because the flowers are open during the evening and nighttime, the plants are often planted in areas where they will be seen during the early evening and morning hours.
Four O’Clocks are hardy plants, exhibiting good tolerances for dry conditions; however, plants will thrive if watered regularly, especially in dry weather. Where possible, plant in full sun and in well-composted soil. Add a general purpose fertilizer once a month to encourage vigorous growth. Bulbous roots may be dug up in the fall, cleaned and stored overwinter in the dark, in damp peat moss or sand.
Share the Love
You can help grow the project by planting and harvesting seeds. It’s easy to do. Each plant will set multiple blooms over a two to three month period. As each bloom emerges, matures, wilts and falls away, it will leave one seed—about the size of a peppercorn—which can be picked from the bract. Each plant will set dozens of seeds. During and after harvesting store seeds in a paper bag (not plastic) so that seeds can dry. Send us your harvested seeds and we will pack them for next year’s program. Every 25 seeds returned can mean $10 in additional support for the FOUNDATION.
The FOUNDATION’S funds are given to help foster the education of young people, especially women in the sciences; to improve the lives of those affected by chronic illnesses; and to support efforts to protect and help those affected by violence.
Victim Impact Statements: Isn’t it Time for a Little Creativity and Personalization?
Posted by Administrator in Justice, Survivors of Homicide, Victimization, Violent Crime on August 22, 2011
Typical Sample [Compliments of crimevictimservicecenter.org – Kennewick, WA]
The crime committed against me by John Doe has hurt me in so many ways that I don’t know where to begin.
My friends and co-workers have mentioned to me that my demeanor and behavior has changed at work and during social activities. I am currently experiencing flashbacks of the event and suffer from nightmares and lack of sleep. I constantly replay the day of the crime over and over in my head. I had to describe the day of the crime to the detective, then to the prosecuting attorney, then to the defense attorney, and to an investigator. Having to repeat the events of the incident over and over again was stressful and tried my patience. It became harder and harder to answer their questions or even tell my story again. I had to miss work, show up to work late, and leave work early due to the stress I was experiencing. I am in counseling because I am stressed, anxious, hypersensitive, and have suicidal thoughts. I wish this had never happened and I want it over as soon as possible, but I know my paranoia will never go away.
This crime has hurt my family too. My mother also suffers from insomnia and anxiety due to the crime. We live in a small town and everyone has heard about the crime. My father almost lost his job because he has had to attend court with me. I can’t escape the questions from friends of the family. Naturally, everyone is concerned for my family and me, but not being able to escape the incident kills me. It is just another constant reminder that John Doe committed a crime against my family and me.
I have friends telling me that they ran into John Doe and that she/he says they’re sorry. I wish she/he would stop communicating to me through our mutual friends. When I hear that people have run into her/him my heart races, I have shortness of breath, and start to feel dizzy.
I’m constantly asking God why? Why me, why my family? What did I do to deserve this?
I’m worried what John Doe might do after she/he gets out. I want her/him to get help because this isn’t the first time this crime has been committed and that she/he’d been sorry. I don’t want John Doe to hurt me or anyone else. I want to be protected from John Doe forever.
_________________END_______________________
In 1987, Ladyjustice’s victim impact statement would not have won the Pulitzer Prize for journalism….But, it was from the heart. Looking back now, LJ could have crafted something different…if the emotions hadn’t gotten in the way. And that is the point. Having emotions interjected into the narrative and/or verbal presentation is a double-edged sword… On the one hand, the judge, the attorneys, the defendant and the families need to hear the emotion to understand and to validate the tremendously negative changes in their quality of life and the realities of the situation in terms of the human toll.
On the other hand, emotion can overtake the speaker, especially when in very close proximity to the defendant. As a survivor, you want your day in court. It’s your special time to relate just how devastating the entire experience has been.
Currently in Connecticut, Victim Services open approximately 13,000 new cases annually, assist 14,000 with victim impact statements and accompany over 15,000 victims to court.
In 1987, six years after the murder, Ladyjustice and her mother each took turns and related individual impact statements directly to the presiding judge. Some people choose to “challenge” the defendant to make eye contact in an attempt to “show immediate respect.” Fat chance! This blogger didn’t even bother with that request!
Rather, LJ was mentally focused on how not to relinquish power to this serial murderer; not to give in to fear of retaliation; not to feel that you must look over your shoulder the rest of your life if you say this or that for fear of triggering a response… One cannot live life in fear, no matter what has been taken away! For if you do, the perpetrator has won.
He has the power!
Internet research revealed minimal information or samples of victim impact statements for general public consumption. There are no standard templates. However, the most basic of guidelines furnished by the Crime Victim Services Center in Washington State recommend discussion of the following general topics: ‘With a couple of LJ’s suggestions thrown in…
1) How the perpetrator’s criminal behavior has effected the victim(s) physically, emotionally and financially;
2) Discuss any concerns regarding personal safety and security;
3) “Provide suggestions for a resolution that is fair, that will give the offender the opportunity to take responsibility for actions that caused loss or harm.”
[LJ- Surely you jest if you are talking about felony charges. Taking responsibility – What’s that? And…. how do you spell pre-determined plea bargain?? ]
More specifically, other factors to contemplate when composing your impact statement –
1) How have your feelings changed about life in general, your lifestyle; your ability to relate to others, your ability to cope and need for support or counseling?
2) If you have sustained physical injuries, what were they and how long did they last? Are they continuing? How have your injuries impacted your ability to perform everyday tasks and recreational activities?
The “Aftermath” Questions
What about your ability to:
1) Maintain your general health;
2) Eat, sleep, concentrate;
3) Have other ailments “appeared out of the blue?”
4) Have your relationships with family members, co-workers and “society in general” changed?
5) Are you unable to trust others now?
6) Do you feel a sense of intimacy with your significant other?
7) What changes have occurred with your employer? Are they flexible in allowing you to attend court appearances, counseling and medical appointments?
8) What is your financial status currently?
9) Are you able to be productive?
10) Do you have hope for the future?
The above list is certainly not all inclusive…but rather covers the general landscape.
A Word of Two from …..The National Center for Victims of Crime
In addition, results of the National Center for Victims of Crime’s public opinion poll also revealed that 55% of Americans feel that sentences handed down to criminals by the court are too lenient.
Perhaps this is why seven out of 10 Americans believe that it is very important for the judicial system to provide victims and their families with “…an opportunity to make a statement prior to the sentencing of the offender about how the crime has affected them.”
In essence, for the court to impose fair and just sentences, it is critical that information be provided to the sentencing and paroling authorities on the emotional, financial and physical impact of crime – information that only victims can accurately define and provide through the use of victim impact statements.
Clearly the criminal justice system is ready, as is the American public, for the permanent infusion of victim impact statements into the justice process. We must now make the use of victim impact statements functional and consistent within the criminal justice system.
Comprehensive guidelines, protocol and model victim impact statement instruments must be drafted that address the needs of both the justice system and the victim. Victims must be systematically and consistently made aware of their right to submit victim impact statements and the statement’s application within the system. To accomplish this goal, each criminal justice agency that has contact with crime victims must have comprehensive agency guidelines and protocol that outline the roles and responsibilities of each staff member in the notification, distribution, collection and application of the victim impact statements.
Making a Case for Specialized Victim Impact Statements
Approximately a year ago, this author had a “brainstorming” idea to offer a service to future victims of crime regarding the creation of individually tailored victim impact statements for the following reasons:
1) Not everyone is a wordsmith nor are they able to express their thoughts and feelings in writing (even before the crime occurred);
2) The emotional impact of the experience including recounting the events, facing the defendant and his supporters, the finality of the process; the outcome of the verdict; the absence of their loved one. can incapacitate a victim and not allow him or her to complete their presentation. [LJ- Of course there are options such as mailing letters to the judge, allowing another relative or the prosecutor to read etc…. However, it is sometimes a poor substitute and the impact may not be experienced in the same way]
3) If the victim is capable of sharing his/her private thoughts and feelings with an Advocate who is also a skilled writer, the burden is lessened. If such a writer were to create a series of questions specifically designed to elicit information to portray the deceased person in a way that honors them and is meaningful to the family… How Wonderful!
4) The possibility of a videotaped presentation or a video memorial tribute could go a long way in helping the judge to understand the enormity of their loss.
Currently no specific companies specializing in videotaped victim impact statements could be located via internet search. What a shame….
The problem.. and the beauty of this idea is that people are not “one size fits all” and therefore victim impact statements should not be mass produced as in a “sausage factory.” They are too personal…too important.
The words potentially have the power to alter sentencing!
But, who would provide the service? Who would fund it? Who would keep track of the data comparing customized statements to those that are essentially “fill in the blank essays”? Could this idea come to fruition? Why not?
Heed the advice of the National Center for Victims of Crime. Do not let victim impact statements become an afterthought!
Ladyjustice welcomes other blogger’s input concerning this idea. Until then, Thorence Brey features a series of videotaped Victim Impact Statements for your viewing interest at:
http://www.dailymotion.com/video/xkikdy_victim-impact-statements-thorance-brey_news
Sincerely,
Ladyjustice – Your “Wordsmith at Work” on behalf of Crime Victims and their Survivors
An Aruban Mystery Blossoms into a Resource Center
Posted by Administrator in Advocacy, Justice, Survivors of Homicide, Victimization, Violent Crime on July 10, 2011
To this blogger, the name Natalee Holloway is nearly a “household name,” synonymous with other unsolved crimes which have gone before her. We can readily conjure up a mental picture of this bubbly, bright, blonde young woman, “free at last” away from parental influence and on the precipices of adulthood, sipping her island drink. Unfortunately, she was totally unprepared for the local male vultures that make a game of taking advantage of female tourists.
The birth of the Natalee Holloway Resource Center sheds some dignified light and effort on this tragic “missing person presumeddead” case. The NHRC, based in Washington D.C. and housed within the National Museum of Crime and Punishment, is “a charitable foundation dedicated to helping missing persons and does not represent the Holloway family.” (“per se”) (Although Beth Holloway spent five years searching for an appropriate way to honor her daughter and endorses this venture-LJ).
The dastardly deeds of the person of interest and primary suspect are probably all too familiar. A brief account is more ink than he deserves…. Joran van der Sloot is the narcissistic womanizer, pathological liar with a very short fuse.
Natalee was reported missing and presumed murdered on Thursday, May, 30, 2005 when she did not report to her group for a return trip home following a high school graduation trip in Aruba.
Background:
Murderer’s Timeline Within the Past Year
(as reported on the NHRC website)
February 25, 2010
‘Still another “confession” 20 and counting…. Seriously!
Former confessions include:
- - Joran and his friends dropped her off at her hotel;
- - Joran left her on the beach alone;
- - Joran sold her to a man in a boat for $10,000;
- - A friend disposed of her body after she had a seizure following their sexual encounter;
- - Joran dumped her body in a swamp;
According to the NHRC web information, van der Sloot has not been arrested to date due to a lack of corroboration from witnesses and the lack of forensic evidence. Although computer and cell phone communications have been established between suspects, apparently, prosecutors have no substantial physical evidence as a prerequisite.
Thus, witness testimony has been the focus as well as the innumerable false confessions.
March 19, 2010
Scuba divers come forward claiming an underwater photo depicts the remains of a person, potentially Natalee Holloway. Outcome: Testing proves this to be a specious claim.
June 2, 2010
Stephany Tatiana Flores Ramirez is found dead in a Peruvian hotel room. Joran van der Sloot is again noted to be the last person to see and interact with her at a gaming casino and is “under suspicion of murder.”
June 3, 2010
van der Sloot flees Peru for Santiago, Chile on the day that Stephany goes missing. Van der Sloot is extradited via Interpol.
June 6, 2010
The FBI files two criminal complaints in the Natalee Holloway case involving wire fraud and extortion. Van der Sloot reportedly extorted $15,000 from Beth Holloway as partial payment to reveal the location of Natalee’s body. (Total requested $250,000). As a wire transfer was used, this represents “a scheme to defraud” with the possible penalty of up to 20 years for extortion and 30 years for wire fraud.
June 8, 2011
Joran van der Sloot confesses to the murder of Stephany Ramirez. News accounts state that Stephany invades van der Sloot’s privacy by reading information about him from his laptop computer, enraging him; whereupon he breaks her neck, killing her. Possible sentence: 15 to 35 years in prison.
June 11, 2011
During the interrogation of Stephany Ramirez’ murder, van der Sloot claims to know the location of Natalee Holloway’s body. However, he will only reveal it to Aruban police. (Let’s make a deal anyone?? LJ)
June 16, 2010
Aruban and Peruvian authorities pledge to “work together” via separate interviews and forensic analyses of the laptop computer. In the meantime, van der Sloot is jailed in the maximum security Castro Castro prison in Peru. And… his attorney temporarily quits following the receipt of death threats.
June 17, 2010
A hearing is announced on the Ramirez murder with a promise to share any information revealed that is related to Natalee.
June 23, 2010
van der Sloot claims he “was tricked into a confession” concerning the Ramirez killing…
***A psychological evaluation reveals “a low tolerance for frustration, especially when being contradicted, emotional immaturity leading to lack of self-control and de-valuing of the female role.”
June 28, 2010
Claims of “rights violations” prove to be unfounded. Go directly to jail… Do not pass go… Do not collect $200.00!
August 25, 2010
Joran keeps trying…. Continued requests to have his confession of Stephany’s murder thrown out for… “ improper representation and a non-official translator.”
Re: Natalee Holloway Case- van der Sloot remains a suspect. However, no charges are filed.
July, 2011
No news…is hardly good news! However, Ladyjustice was able to view previous footage of this Peruvian Jail. It should be named “Animal House” – such a fitting name for Joran! He is housed in Lurigancho Prison, which is the worst of the worst,” Michael Griffith, senior partner at the International Legal Defense Counsel, tells AOL News. “They should have a sign above the door there saying, ‘All those who pass this way leave all hope behind.’ “
http://channel.nationalgeographic.com/series/inside/3144/Photos#tab-Photos/5
Feature Story:
1) According to the U.S. Department of State, 2,500 citizens are arrested abroad each year. Nearly half of the arrests are for very small amounts of narcotics. Alcohol abuse is typically involved; Sexual assaults and robberies occur because students/travelers find themselves in unfamiliar locations. “Date rape drugs” are not identified often until it is too late… Such travelers cannot protect themselves under the influence of drugs or alcohol. Frequently, they are also unfamiliar with different standards of safety abroad. Motor vehicle deaths are the second most common causes of death abroad after natural death.
The State Department endorses a program called Smart Traveler Enrollment Program (STEP) in order for their agency to contact a student traveler in the case of emergency in the U.S. or while in a foreign country. (http://studentsabroad.state.gov). In addition, the Department of Homeland Security’s Website: www.getyouhome.gov can assist with passport and other required documents.
As a society, we need only look in our own backyards to see examples of Spring Break gone wrong with potential terrible consequences. In addition, others seeking careers internationally have been victims of the most horrendous crimes imaginable.
2) Such is the case of Ladyjustice’s friend. Since April 14, 2005, Maxine Russell has dedicated every waking moment to her primary purpose, that of finding the true answers in the horrific treatment and ultimate death of her son Darren, living in China. Darren was embarking on a new career as a missionary teacher in China. This so called “traffic accident” has become an international cover up of the greatest proportion, irreparably changing the lives of her entire family, taking its toll physically, emotionally, financially and otherwise! Please go to the new website created at: www.russellcase.net (website) and on Twitter at killed_in_China.
3)The Natalee Holloway Resource Center
The Natalee Holloway Resource Center focuses on education, and crime prevention. It is not a “recovery center.” This is a misnomer, as we survivors of crime know; there is no “recovery”. There is no “closure”.
NHRC shares selected goals similar to other organizations such as the gathering of resources, coordination of a plan to search for the missing and means to contact the media for purposes of public awareness.
However, in the opinion of Ladyjustice, what makes the NHRC unique includes a mission focusing on educational programs for teens, a traveling safe program, promoting careers in forensic science and law enforcement and providing educational curriculums on law enforcement for “high risk students.”
Ladyjustice chooses to focus on the traveling safe program, as it is often so overlooked, and certainly a contributing factor in Natalee’s death!
The Travel Safe Program includes general and specific safety tips and detailed checklists for domestic and international travel. Although many of the suggestions may be common sense, many people are not obsessive when it comes to the details of planning a vacation. With teens in particular, it’s “throw a couple of pairs of shorts in a duffle bag with your bathing suit… and you’re done! Nothing could be further from the truth when you are travelling to a foreign country. Just ask Maxine Russell…. She will tell you!
Readers, please indulge Ladyjustice for including the detailed list here and now. It is so important… It could save a life. (Be sure to check the website for handy checklists too!)
Make A Difference Natalee Holloway Resource Center www.helpthemissing.org Developed by National Museum of Crime & Punishment
Domestic and International Travel Tips
The key to safe traveling in any area is situational awareness. Distractions because of luggage, children, hotel personnel, strangers, etc. can put you at risk.
Know your surroundings and stay in control of every situation. Look and act confident. Be alert.
Act like you know where you are going. Do not look lost or confused; simply look for an authoritative person or company in which you can ask for directions.
Never flash your money in public. Exchange funds with reputable and recognized exchangers only.
Do not discuss travel plans, your room number or any other personal information in public within earshot of strangers.
Watch for scams on the street. Children working with adults are notorious as pickpockets.
Avoid public demonstrations and other civil disturbances.
1) Documentation/Personal Information
Passport, cash and credit cards should be kept in a hotel safe or in various places on your body.
Avoid handbags, fanny packs and outside pockets – inside pockets or a sturdy shoulder bag with the strap worn across your chest. Consider locking/tying the zippers shut.
Be aware of pick picketers.
Never list your home address on the luggage tag. If on business, put the company’s address on the tag; if visiting friends you can list their address. Use covered luggage tags as well.
Stay with your luggage until the luggage is checked. If you must put your bag down, keep one foot on the handle.
Carry important papers with you; NEVER check anything that you simply cannot afford to lose.
If possible travel with only one or two credit cards, and keep them in separate storage areas/pockets.
Do not wear name tags in public.
Leave a copy of your passport identification page, airline tickets, driver’s license, the credit cards you’re taking, serial numbers of your travelers’ checks, insurance information, as well as the addresses and phone numbers of the places you’ll be. Having copies of these documents at home will allow your family or friends to contact you or help you in case of an emergency. (Carry additional copies of these documents with you on your trip, separate from the originals.)
Consider bringing your driver’s license, even if you didn’t plan to drive, as when faced with an emergency, you may need to drive.
2) Police/Laws
Visit www.travel.state.gov before you travel abroad.
Register your travel. http://studentsabroad.state.gov/
The Consular Information Program consists of three main components that provide information to the American public about travel to specific countries: Country Specific Information, Travel Warnings and Travel Alerts.
Familiarize yourself with your destination.
If you are planning to drive, familiarize yourself with driving laws.
Learn the emergency contact number, as “9-1-1” isn’t universal in every country.
Do not carry or buy recreational drugs. Besides this being against the law, other countries often have different penalties that can include the death penalty.
Know the liquid limits and luggage weight limits for traveling prior to date of travel and pack accordingly.
3) Culture/customs/local activities
Learn the local dress code and any religious dress customs; buy appropriate clothing locally if necessary.
Learn some phrases in the local language or have them handy in written form so that you can signal your need for police or medical help.
Never wear anything that projects affluence. No gold chains, expensive watches and rings, luggage, or other paraphernalia should be in easy view. Best option: leave your jewelry at home.
Never accept a drink from a stranger. Keep an eye on your drink at all times.
Vary your schedule; try not to come and go at the same time every day.
Never leave with a stranger.
Never go out alone. Use the buddy system!
4) Currency
Convert your cash before you go abroad.
Know the US dollar ratio.
Use Travelers’ Checks.
Consider using prepaid credit cards, as in the case of theft or loss, at least there are limited funds on the card.
5) Communication
If your cell phone does not work outside of the country, consider renting one that does for the duration of your trip. Consider purchasing a worldwide cellular SIM card before you travel.
Consider purchasing portable alarms that emit a loud sound.
You may want to purchase several calling cards.
Purchase a mini translator, or a dictionary.
Establish a Skype account before you travel. This allows international calls for free via the internet.
6) Navigation
Bring a small flashlight. You never know when you’ll suddenly be “in the dark” and find yourself in unfamiliar surroundings.
If you must rent a car, rent only from a reputable company. Any operating problems that occur could signal sabotage.
Familiarize yourself with train and bus schedules before traveling. Have an alternate plan in place in the event your transportation plans change.
Confirm cost of journey/travel prior to entering a taxi.
Do not use unmarked taxi cabs.
Beware of taxi drivers wanting to take diversions while on route- to shopping areas (as often they get commission from store owners to do this).
Sit behind the driver so you can see him, but he cannot see you.
Pay the driver upon arriving at your destination and while you are still sitting in the vehicle.
Be aware of ‘staged’ car accidents meant to catch you off guard.
Back into your parking spaces to facilitate a quick exit.
Park only in well lit and well traveled areas.
Never pick up hitchhikers.
Don’t use short cuts, narrow alleys or poorly lit streets.
If you do not feel safe stopping at a red light, proceed safely with caution.
Keep your car doors locked at all times, including when you are in the vehicle.
Only pull over for the police.
7) US Emergency Contacts
Discuss with your family/home contact, what they would do in event of an emergency while away from home, e.g. whom to call, how to contact emergency personnel, etc.
Provide your family/home with your itinerary and all travel information and contacts.
Write down important contact numbers that you will need, in the event that your cell phone gets lost or stolen.
While traveling, if you plan to use an internet café, ensure that you log out of all applications- especially any application that has your private or confidential information.
Traveling with Children:
Write your child’s name, your contact information and your hotel number on an index card; include close friends or relatives contact information. Give a card to each child which they will carry with them as long as you are traveling. Destroy once home.
Bring along an updated photograph of each child in the event that you become separated from them.
Consider writing your cell phone number on an item/labeled pined to your child
8) Safety/Health
Visit the Travelers’ Health page of the CDC- http://www.cdc.gov/travel
If your medical insurance does not cover you abroad, purchase a short-term policy that does.
Any medications being carried overseas should be left in their original containers and be clearly labeled.
If you wear eyeglasses, take an extra pair with you. If you wear contacts, take a pair of eye-glasses with you too.
Make sure your prescription medication is not considered and illegal narcotic.
Travel with a basic first aid kit with bandages, iodine, mosquito repellant, sunscreen, alcohol packets, motion sickness pills, stomach upset/diarrhea medicine, etc.
Research the nearest and best hospitals or urgent care facilities and pharmacies.
Bring any medicines you need in your carry-on luggage.
Make sure that your prescription medicines are filled properly and labeled accurately. Ensure that you have enough medicine in the event your return trip gets delayed.
9) Lodging
Research area and make reservation(s) with a reputable hotel. Use online reference sites like Trip Advisor and Yelp, to view visitor’s comments.
Only stay in a hotel that uses cards to open room doors and make sure your room has a peephole and a deadbolt lock. Secure the chain and secure the door by pushing a rubber stop under it.
Keep your hotel door locked at all times. Meet visitors in the lobby. Do not allow any strangers into your hotel room.
Do not leave money and other valuables in your hotel room while you are out. Use the hotel safe.
Have gratuity/tips ready in advance for service personnel.
Know the identity of any visitors before opening the door of your hotel room. Don’t invite strangers to your hotel room, or to remote locations.
Try to stay in a room near a stairwell. Never take the elevator if a fire or smoke is detected. Always stay in a hotel where the doors enter the hallway and not directly from the outside.
Read the fire safety instructions in your hotel room. Know how to report a fire, and be sure you know where the nearest fire exits and alternate exits are located. (Count the doors between your room and the nearest exit; this could be a lifesaver if you have to crawl through a smoke-filled corridor.)
10) Embassies
Make note of the US Embassy in the country you are traveling to- http://www.usembassy.gov/
Musings and Music of Favorite Crime Dramas- Law & Order; Cagney & Lacey and Others….
Posted by Administrator in Justice, LGBT, Movie Reviews on June 12, 2011
“In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories.”
Twenty years ago, Ladyjustice was in her 30’s and probably thought that she was “hot stuff” in her career and actively crusading for crime victims on the side, as the 1981 “murder date” wasn’t that long ago in time.
During that era, a new drama series featuring the role of police and prosecutors was a new concept. Now, thanks to the initial show and its series of spinoffs, this show’s genre is “old hat”. Law and Order premiered in September 1990 and aired its final episode in May 2010. Law and Order will go down in history as the longest consecutive running drama series in the U. S. to be tied with Gunsmoke… with Jim Arness (another law and order man… with a horse).
Old hat aside, the original Law and Order, particularly the characters from the 1990’s are like “a comfortable pair of slippers.” This blogger can have a great day…or a very frustrating day and take comfort in the old friends/characters like Detective Lenny Briscoe, DA’s Jack McCoy, Adam Schiff, “Rogers” the smart aleck medical examiner with no first name and the plethora of female DAs over the past 20 years.
Had Ladyjustice had the discipline to memorize all of the former cases and statues, perhaps she would have been Donna R. Gore, ADA. But alas, a homicide and future passion for justice wasn’t in the cards in Ladyjustice’s early 20’s. Coming close to something, like a paid career in crime victim advocacy “only counts in horseshoes…” Thus far…
All TV shows take liberties with the truth “for the sake of entertainment”. However, with the original Law and Order, the actors seemed so passionate and real against the backdrop of gritty New York City. This blogger therefore chooses to focus on its overall merits with fondness.
Ladyjustice’s favorite detective team was Lenny Briscoe (Jerry Orbach) and Mike Logan (Chris Noth). The older-younger generation, Jewish-Catholic banter was always entertaining. And, who can top Sam Waterston’s passionate closing statements or S. Epatha Merkerson’s sarcastic remarks?
All viewers knew that the disclaimer in the beginning that the story bearing any resemblance to “ripped from the headlines” was not purely fictional.
(They once did a story on a corrupt Governor (before it was commonplace) that coincided with the real life prosecution of a former Governor of Connecticut. (FYI, he “served his time”, just like Martha Stewart and is now a well paid municipal economic consultant and political talk radio host!)
The best lines were usually delivered at the end of the show’s opening and elsewhere by Lenny Briscoe, Anita Van Buren and Adam Schiff.
Lenny Briscoe: Dialogue Excerpts:
(2003) (To a reluctant witness) “There’s no such thing as hooker-client confidentiality.”
(1994) (Talking about a suspect out of state) “’New Hampshire? I spent a year there one weekend.”
(1998) (Talking to psychiatrist Emil Skoda)
Skoda: “You saw him. (7 year old suspect) He can’t connect the dots. He can’t grasp that others exist past his own needs.”
Briscoe: ‘Sounds like half of the people I know…”
Anita Van Buren: Dialogue Excerpts:
(Season 19-Episode 8) DA Jack McCoy “Eight and a half million, that’s how many children are sold into slavery each year.”
Van Buren: “Well, this plantation has closed.”
(Season 16-Episode 7) Det. Joe Fontana: “He seems like a pretty stand up guy.” Van Buren: “Yeah, well so did Scott Peterson.”
(Unknown Episode) Van Buren: “I’d better go. I’m late for my daily spanking on One Place Plaza.”
DA Adam Schiff: Dialogue Excerpts:
Schiff: “A motive pulled straight from the tabloids….And what about means and opportunity? Are you getting that from comic books?
Schiff: “Clarence Darrow had Leopold and Loeb. And who do we have?”
McCoy: “Beavis and Butthead”
Schiff: “(The week) started with a murder, ends with an execution. You got what you wanted. Take the rest of the week off.”
McCoy: “It’s Friday, Adam.”
Schiff: So it is… ‘See you on Monday.”
For Law and Order aficionados, the “da-dum” clunky musical chord that is interspersed throughout is a well known signature
Cagney and Lacey:
(Jazzy “Dueling trumpet and Clarinet Theme”- Listen!)
Speaking of very cool groundbreaking crime drama shows and enticing music, Cagney and Lacey, the three times cancelled and the only show resurrected by fans, is Lady Justice’s all time favorite! (In fact, LJ was lucky enough to purchase the entire collection!)
A few years ago, Ladyjustice was fortunate to participate in a LGBT cruise with R Family Vacations with the former couple, Rosie and Kelly O’Donnell. During that voyage, Cindy Lauper and Sharon Gless were special guests, “Ambassadors” if you will. Sharon, for the PFLAG’s Straight for Equality Program, (http://community.pflag.org/page.aspx?pid=565), as Sharon
is the proud grandmother of a lesbian granddaughter. This blogger had the opportunity to interact with Ms. Gless and she actually signed a placard LJ created for a “hero costume,” unbeknownst that Sharon was even attending the cruise!
This crime drama was the drama with heart, intensity, real social issues, and chemistry between two very different characters. These elements were the keys to success when women and television desperately needed serious, intelligent shows versus silliness (Like talking cars).
Just For Fun…. Watch and Listen!
(Bet you can’t watch it just once!)
***For the benefit of “youngsters and others, the ultimate visual- musical synopsis-spoof of Cagney and Lacey Tribute can be heard in the following YouTube duet (3 min; 52 secs) http://www.youtube.com/watch?v=tY5rlBV7RKY&NR=1
In case you didn’t know the “Christine Cagney story”, here’s a brief bio from the Internet Movie Database;
Christine Cagney is the youngest child of Detective Charlie Cagney. She comes from a privileged background and was raised in a posh home in New York along with her brother Brian, and was a debutant much to the disgust of the tomboy. Her upbringing demonstrates itself in episodes that show her ability to speak French, knowledge of art and classical music, and interest in opera etc. She is also a sports fan, often sporting a New York Yankees coat or hat that shows her tomboy characteristics.
Cagney’s parents divorced when she was young and Chris’ closeness with her father wedges a gap between Chris and both her mother and brother. She was raised Catholic, attended a Nun-run school, and although she rarely practices (during the “Don’t I Know You?” episode she admits her last confession was almost twenty years ago) the beliefs are still somewhat engraved in her. She briefly got in trouble with the police during her rebellious teen years where she spent a night in a jail cell, but then turns her attention and efforts into becoming the first female police commissioner. She attends university, and while she’s away studying in Paris, her mother dies and she does not return home for the funeral. After university she returns to New York and is teamed with Detective Mary Beth Lacey. Her commitment and determination drives her quickly into becoming a Sergeant and she continues to scale the police academy ladder often putting off her personal life. During the episode “Choices” where she thinks she is pregnant she confesses to sometimes wanting a husband and child, but more often than not being happy with her free and single life. Through out the seasons we meet many of Chris’ boyfriends, most memorably a fellow Detective who struggles with a cocaine addiction, a lawyer who proposes marriage only to be turned down, and a recovered alcoholic plumber.
Charlie Cagney is a sort of role model for his daughter, and so when it is revealed that he sometimes took bribes while on the beat, it’s a devastating blow to Chris. Although Chris inherited a large sum of money from her mother and lives comfortably, Charlie struggles with both a low income and an inability to manage his finances. Chris and Brian both provide for him, and look after him during his illnesses and bouts with alcoholism.
Chris has her fair share of drama during the seasons she’s shot, raped, discusses a previous violent relationship, and suffers from her own alcoholism which really kicks in when her father dies. She reconnects with older brother Brian who lives on the West Coast whom she hasn’t seen in over 12 years and goes through many hard cases and emotional times with her partner Mary Beth Lacey. Her ambition and determination are juxtaposed with her vulnerability and need to fit in amongst the boys in the squad. This mix of qualities, both help and hinder the character and she is centered somewhat by partner Lacey. Together the pair work well and fit together with the season finale of the series leaving them with a chance of becoming part of a special crime unit.
And last but not least…..
Ladyjustice was schooled on justice while as a youngster, watching a million episodes of Perry Mason and Ironsides with her grandmother.
Ladyjustice used to say that there will be no “Ava Maria” at her funeral…. Instead, please do the Perry Mason piano melodies and the funky version of “Bridge Over Troubled Water.”
Take a Listen to the one and only Perry Mason Theme: (Blues Brothers longer Version- Way Cool!)
Ladyjustice Signing off for now…..
A Tumultuous Twosome- Harvey Milk & Dan White. . .
Posted by Administrator in Judicial System, Justice, Legislation, LGBT on April 3, 2011
An Historical Time Line
(Written by the Ghost of Joe Friday and Ladyjustice)
Who: Born: Harvey Bernard Milk
What: Son of Lithuanian, Jewish immigrants
Where: Woodmere, New York
When: May 22, 1930
Why: Because…. “They birthed babies back then”
Who: Born: Daniel James White
What: Son of Irish American Parents
Where: Los Angeles County
When: September 2, 1946
Why: Because… “They birthed babies back then”
Who: Harvey as Teacher and Naval Officer
What: Chief Petty Officer
Where: Submarine Rescue Ship, Junior Lieutenant
When: Korean War (1950-1953)
Why: Because…. “He joined up”
Who: Dan as Student & Valedictorian
What: Attended two high schools, Expelled from Riordian High
for “violence”
Where: San Francisco, California
When: Army Career 1965-1972
Why: Why not???
Who: Harvey as closeted gay man
What: Ex-teacher, Became Investment, Financial Advisor &
Theater Aficionado
Where: Bache & Company, New York;
When: 1963
Why: Talent for Finance; Partner was a theater director
Dan White
Who: Dan as Public Safety Officer & “Boy Wonder”
Saved mother & baby from 7th Floor Apartment; Reported
Cop for beating a suspect; Quit police force;
What: Police Officer, Firefighter, Security Guard;
Where: Anchorage, Alaska; San Francisco, CA
When: 1965-1972
Why: “Trying to find his niche”
Who: Harvey as Hippie, Non-Conformist
What: Burned his Bank of America Card; Fired from Job;
Opened a Camera Shop in Castro section, San Francisco
Where: New York & San Francisco
When: After invasion of Cambodia ~ 1970-1973
Why: Political, Business views were changing
Who: Harvey as Budding Politician, Activist
What: “The Mayor of Castro Street”; Newspaper Columnist;
Several Attempts at Municipal Office: State Assembly &
Board of Supervisors (City Council);
*** Made History as the First Openly Gay Elected Official
Where: The Castro, San Francisco, CA
When: 1973, 1975; 1977
Why: Building Momentum for Gay Rights & Other Minorities;
Who: Dan: As Family Man
What: “The Blank Period;” Married Mary Ann Burns
Nothing else notable …
Where: San Francisco, CA
When: 1976
Why: Everybody Needs Somebody….
Who: Harvey as City Supervisor
What: Legislator of Gay Rights- Anti-discrimination in
Housing, Employment, Teaching and Increasing the
GLBT Police Force
Where: San Francisco City Hall
When: 1977 to November 27, 1978
Why: He was a leader with a vision for change and equal
rights for all… He was a representative of the people.
Who: Dan as elected official on the Board of Supervisors
What: SF Police Union, Board of Realtors supported Dan’s
Election, financed it and shared his perception of the City was “soft on crime,” shared his conservative views on religion, civil rights, prostitution intolerance of homosexuality
Where: Southeastern District of San Francisco: District 8,
“the Working Class District”
When: 1977
Why: They needed someone to represent “the other side.”
Dan nicknamed the epitome of “white bread”
Who/What: “The Juice,” Anita Bryant: Born-again singer campaigns to overturn an anti-discrimination law protecting gay men and lesbians in Dade County, Fla. Inspired by her victory, Bryant founds the first national anti-gay group, Save Our Children, drawing unprecedented attention to gay issues and motivating gay groups to organize in response.
Who/What: James Dobson, author of 1969 pro-spanking book Dare To Discipline, founds Focus on the Family in Arcadia, Calif. Focus will move to Colorado Springs, Colo., in 1991, become America’s wealthiest fundamentalist ministry, and spearhead the campaign against gay marriage.
Where: Dade County Fl; Colorado Springs CO; Arcadia, California and later in San Francisco…
When: 1977 (The Thirty Years War- A timeline of the anti-gay movement) Southern Poverty Lew Center http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2005/spring/the-thirty-years-war
Why: “Because they could…..”
Who: Harvey as revered activist and frequent sparing partner
With other Board Supervisors
What: *** Achieved National Recognition in defeating Senate
proposal Proposition 6 of California to fire gay teachers
or their supporters
Where: San Francisco City Hall
When: Early 1978
Why: His star was rising….
Who: “Dan the Man” who quit and then changed his mind-
“Too Late…. “
What: “Too Little Salary” ($9,600/year- part-time) Couldn’t
support his family… couldn’t deal with the changing
ethics… Recipe for mass murder….
Where: Mayor George Mascone’s office
When: Late 1978
Why: Chief of Police, Board of Realtors, Supervisor, Diane
Feinstein convinces Dan to withdraw his resignation
and appeal to Mayor Mascone for the return to his job
WHY, WHY, WHY??? REVERSAL OF DECISIONS =
DEAD BODIES…
Dan reversed his decision to resign as a consequence of offers for financial help and political influence
Mayor George Mascone was “inclined to give Dan his job once again.” But, but, but… Harvey reminded George that of all the conservative proposals that had been defeated due to the 6 to 5 conservative majority. Harvey used his personal agenda to remind the Mayor that Dan “was the only actively gay staff person on the Board of Supervisors. As George was up for re-election the next year and dependent on the gay community for votes, Mayor Mascone made the fateful decision to deny Dan’s re-appointment. It turned out to be fatal….
Who: George Mascone: Former County Supervisor, State
Senator and Mayor of San Francisco
What: Origin: “Wrong side of the tracks” who did well in school
and became a champion of minorities including the elderly,
the working class, the poor, blacks and the GLBT community.
Attended Hastings Law School on a basketball scholarship…
and then was invited to enter the political arena.
Where: San Francisco, California
When Born: November 24, 1929; Died November 27, 1978
(‘Just 3 days after his 49th birthday)
Who: Dan as depressed, dejected, ex-City Supervisor,
“White bread” family man unable to support his brood
Where White Entered - A Door Today...
What: Dan entered an open basement window. (Thus avoiding
Metal detectors at the city Hall’s entrances)
He went to Mayor Mascone’s office first – shooting him in the
chest and then in the head as George lay dying on the floor…
Dan re-loaded, walked to the other end of the building,
Asked for a private meeting with Harvey whereby he shot
him twice in the brain
Dan walked out calmly, called his wife, met her at St. Mary’s
Cathedral and then turned himself in to police
Where: at the Northern Station.
Why: “I really lost it that day… I was on a mission.
I wanted four of them” (Confession to former Homicide
Detective Frank Falcon in 1984)
Who: Dan as Defendant
What: “Diminished Capacity due to Depression” Change in diet was
Evidence of his depression -
*** Forever known as: “THE TWINKIE DEFENSE”
Plea deal and conviction down to voluntary manslaughter
Seven years reduced to five with “good time”
Total Outrage by the GLBT Community
When: May 21, 1979 White Night Riots
http://www.youtube.com/watch?v=unu-9vM9VZw (Milk Trailer)
What-Again: Suicide-carbon monoxide poisoning by Dan
in his car
When Again- October 21, 1985
Why: A very troubled man saw no reason to carry on
If only Harvey was alive today…
Post Script: CHANGE IN CALIFORNIA LAW: After the jury convicted White of voluntary manslaughter — the least serious charge for homicide. This caused uproar against the diminished capacity plea in California, and in 1982, voters overwhelmingly approved a proposition to eliminate the defense.
See: 1981 CAL. STAT. ch. 404, effective January 1, 1982. See: 1982 CAL. STAT. ch. 893, effective January 1, 1983. http://law2.umkc.edu/faculty/projects/ftrials/danwhitelinks.html
A Final Act in San Diego by “The Terminator Governor”
Posted by Administrator in Judicial System, Justice, Legislation, Sentencing, Victimization, Violent Crime on March 7, 2011
“Double, Double Toil and Trouble… Fire Burn and Cauldron Bubble….”
Is this refrain from a chorus of California outraged citizens and lawmakers or could it be from William Shakespeare’s, Macbeth????)
Well, my dear bloggers, I invite you to be the judge…..
Consider this…. We may have the makings of a witches brew for sure…
‘Just the Facts, Ma’am…(as reported by a variety of San Diego and Los Angeles new sources)
1) A well connected Governor on his way out who, along with increasing the State deficit by billions, was frequently “all show and little substance”;
2) A desire by a group of guys to party beyond their geographic confines of Sacramento fueled by alcohol;
3) The denial of entry into a fraternity party;
4) A 22 year old San Diego State University Student named Luis Santos is seemingly in the wrong place at the wrong time, the apartment of his cousin;
5) A fatal stabbing and wounding of three others occurs;
6) A young thug, Ryan Jett, who had previous felony convictions
and was on probation for having a sawed-off shotgun and possessing ammunition at the time of the killing;
7) The defendants originally charged with murder, assault, vandalism, conspiracy to commit an assault and conspiracy to destroy evidence. Had they been convicted, they both would have faced 25 years to life behind bars. Now a politically tied defendant may serve only 7 years;
8) A crime victims’ advocacy group called “Crime Victims United California” had the foresight and proactive style to file a civil law suit on behalf of the Santos family against Governor Schwarzenegger and the California Department of Corrections and Rehabilitation;
9) The arrogance of a Governor clearly shone through by violating the family’s constitutional rights under Marsy’s Law by illegally commuting the sentence for Esteban Nunez from 16 years to 7 years on his last day in office;
(Fabian Nunez, a Democrat, served as Assembly speaker from 2004 to 2008. He is also a business partner of the governor’s top political adviser at the consulting firm Mercury Public Affairs, according to the Los Angeles Times)
10) San Diego prosecutors state that they are unaware of any other case in which a defendant who entered a plea agreement later had his sentence reduced by commutation.
11) A prime opportunity to showcase Marsy’s Law exists;
(***Please refer to details regarding the 2008 California Marsy’s Law at the end of this blog….)
12) This victim’s family was never notified that a defendant’s original sentence was being commuted and found out via news reports, in direct violation of the California Constitution and statutory authority.
13) Family members of a former state assembly Speaker Fabian Nunez appeared to care only for the creature comforts of their felonious relative, Esteban, by sending him an electronic Kindle that was confiscated by prison staff;
14) A shocked San Diego County District Attorney Bonnie Dumanis:”It re-victimizes Luis’s family, his parents, it blindsided the District Attorney’s Office, and it undermined the criminal justice system.”
“We wanted to make sure that crime victims and prosecutors are notified within a defined time frame when an application for commutation is made in the future,” Dumanis said;
15) Another lawsuit may take place as District Attorney Dumanis said her office may also file a lawsuit in the matter.
16) The potential birth of new legislation Assembly Bill 648 by Assembly member Nathan Fletcher (AD-75) and Assembly member Marty Block
(AD-78) (As of February 18, 2011)
AB 648 would require that the applicant of a commutation notify the district attorney of the county where the conviction occurred of their intent to apply for a commutation, 30 days before the Governor acts. Current law only requires the district attorney to be notified in the case of a pardon.
The bill would also authorize the district attorney to submit a written recommendation to the Governor for or against a pardon or commutation of sentence. The bill would further require the district attorney to notify the victim of the crime and their family, and allow those individuals to submit a recommendation to the Governor for or against a pardon or commutation of sentence.
AB 648 requires a majority vote by both the Assembly and the Senate and Signature by the new Governor, Jerry Brown.
17) Judge Robert F. O’Neill told Nunez during sentencing that his actions after the crime showed a “callousness to human life — evil.”
18) Defendant Ryan Jett, at the time of sentencing tells the judge that “he will spend the rest of his life honoring Santos’ memory.”
Details of the Case:
Just when we think we have a little piece of justice after the arduous investigative and judicial processes are completed, an outgoing Governor rips out the hearts of the Santos family of San Diego, (just like his Terminator character) for a political favor….
Kathy and Fred Santos are the bereaved parents of slain San Diego State University student Luis Santos. This tragedy occurred on October 22, 2008 when Luis was a 22 year old at San Diego Mesa College was targeted by four others.
A witness told detectives that Santos said carried a “piece” and wouldn’t back down from anyone, and apparently the defendants’ group overheard the remarks. After one of the victims cried out “I’ve been stabbed,” Nunez was overheard to say, “Yeah, I got one of ‘em,” DiCarlo told the judge.
According to court testimony, Esteban Nunez and Ryan Jett, along with Raphael Garcia, traveled from Sacramento to San Diego to party and picked up Leshanor Thomas along the way. Witnesses testified they set upon Santos and several other people after they were denied entry to a fraternity party.
Two co-defendants, 20-year-old Rafael Garcia and 21-year-old Leshanor Thomas, pleaded guilty earlier to lesser charges.
Garcia, of Sacramento, pleaded guilty to conspiracy to destroy evidence and agreed to cooperate with the prosecution. He faced up to three years in prison at his June 24 sentencing.
Thomas, also from Sacramento, pleaded guilty to conspiracy to commit an assault and assault with a deadly weapon and faced nearly five years behind bars.
A judge last year found that Nunez, Garcia and Jett were “talking smack” and “looking for trouble” at the apartment of Garcia’s cousin in the hours leading up to the fatal stabbing.
Defense attorneys contended their clients were acting in self-defense after a fight broke out. Santos was stabbed once in the heart,” the prosecutor said, adding that the victims were unarmed. After the killing, the defendants drove back to Sacramento returned home burning their bloody clothes and threw their knives into a river.
“They’re all principals,” DiCarlo said. “It doesn’t matter if one wasn’t armed.
Jett’s attorney, Terry Zimmerman, said her client believed he had to defend himself as the fight broke out. Zimmerman said both Santos and Jett were both good young men.
“This was a situational event fueled by alcohol,” Zimmerman told the judge. “This was not a premeditated act.”
“Had they not all acted together, Luis would still be alive,” Deputy District Attorney Jill DiCarlo said. DiCarlo said the notion that Jett showed restraint by only stabbing Santos once was “absurd.” Santos was fatally stabbed once in the heart,” the prosecutor said, adding that the victims were unarmed. Garcia and Thomas pleaded guilty to lesser charges.
Defense attorney Brad Patton said Nunez’s sentence was too harsh and Schwarzenegger’s commutation corrected an injustice.
But Luis Santos’ mother, Kathy, who lives in Concord, said Schwarzenegger’s action was strictly a political act.
She said her son was “the entertainer in the family and a people-magnet.”
“We had a perfect family of four,” she told the defendants. “You stole a very important part of our family. I hope you will suffer forever more.”
Fred Santos, father of Luis, said the bill is not intended to take away the governor’s power to grant clemency in certain cases.
“We just want transparency, we want notification,” he said. “Give everybody a chance to comment before a decision is made rather than doing this in a sneaky way like this was done.”
Marsey’s Law: California’s Victims’ Bill of Rights
Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:
To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
To be reasonably protected from the defendant and persons acting on behalf of the defendant.
To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
To restitution.
It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
To the prompt return of property when no longer needed as evidence.
To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
To be informed of the rights enumerated in paragraphs (1) through (16).
———————————————————————————————————–
As we stand by for the next chapter, will the Santos Family receive a little piece of justice that was stolen from them? I don’t know….
Double, Double Toil and Trouble… Fire Burn and Cauldron Bubble….
Governor Jerry Brown’s Contact information is:
Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
Like A Bridge Over Troubled Water, I Will Lay Me Down…….
Posted by Administrator in Judicial System, Justice, Sentencing, Victimization, Violent Crime on February 13, 2011
(Lessons of a Court Escort)
When you’re weary, feeling small,
When tears are in your eyes, I will dry them all;
I’m on your side. When times get rough
And friends just can’t be found,
Like a bridge over troubled water
I will lay me down.
Like a bridge over troubled water
I will lay me down.
When you’re down and out,
When you’re on the street,
When evening falls so hard
I will comfort you.
I’ll take your part.
When darkness comes
And pain is all around,
Like a bridge over troubled water
I will lay me down.
Like a bridge over troubled water
I will lay me down.
Sail on silver girl,
Sail on by.
Your time has come to shine.
All your dreams are on their way.
See how they shine.
If you need a friend
I’m sailing right behind.
Like a bridge over troubled water
I will ease your mind.
Like a bridge over troubled water
I will ease your mind.
There is no greater calling than to be a volunteer court escort. It’s a bit like a tour guide, “an educator by fire,” a grief counselor, a criminal justice spectator and a human bridge over troubled water….
The fact that there are never enough victim advocates to adequately represent or support crime victims when they are the most vulnerable, during the complex court proceedings is a given…. This is true whether we are talking about the 1980’s and 1990’s when I volunteered for the job, or in current times.
It is the court process that is the most intrusive, the most impersonal and the most mysterious to the average citizen. ***It is this part of the victim experience where we feel most vulnerable, where a bridge is needed… more than any other time…
When you’re weary, feeling small,
When tears are in your eyes, I will dry them all;
I’m on your side. When times get rough
And friends just can’t be found,
If citizens try to rely on their knowledge of what seems fair, or their knowledge of the plethora of criminal TV shows, watch out! You will be proven wrong in almost all aspects.
According to my research, only the states Connecticut and Pennsylvania have abolished the use of grand juries to return indictments, but kept the investigating grand jury. Both used a constitutional amendment approved by the electorate to abolish the indicting grand jury. Connecticut replaced the grand jury’s determination of probable cause with a hearing before a judge.
Grand juries in every state plus the District of Columbia can investigate criminal activity. This is even true in Connecticut and Pennsylvania, which eliminated the indicting grand jury. In so doing, Connecticut also abolished the use of “civilian” grand juries; instead of being composed of ordinary citizens, its investigating grand jury is made up of between one and three judges.
Again, my home state is either on the edge of innovation or always the exception to the rule in how things are done. (Bloggers, please refer to “Voir Dire, Oh Dear” for yet another example) Alas, there is a fine line between innovation and annoyance…
That brings up another source of potential annoyance – whether a particular sitting judge chooses to follow our State Constitution’s Victim’s Bill of Rights. The rights appear logical and practical, yet many judges tend to overlook the victim more often than not in the criminal process.
The pendulum has swung somewhat towards victim rights in recent years. However, to the unsuspecting “crime victim spectator”, it is, unfortunately, the “criminal’s show.” It is seemingly all about the criminal’s right to a fair trial and nothing else. If the victim is mentioned personally, it is often in a disparaging way, to paint that person as tainted and therefore, not worthy of justice.
For those who may be unfamiliar with just what are the true rights of a crime victim, I give you The State of Connecticut’s version as an example.
Constitution of the State of Connecticut
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:
- 1. The right to be treated with fairness and respect throughout the criminal justice process;
- 2. The right to timely disposition of the case following arrest of the accused, provided no right of the accused is abridged;
- 3. The right to be reasonably protected from the accused throughout the criminal justice process;
- 4. The right to notification of court proceedings;
- 5. 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;
- 6. The right to communicate with the prosecution;
- 7. 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;
- 8. The right to make a statement to the court at sentencing;
- 9. The right to restitution which shall be enforceable in the same manner as any other cause of action or as otherwise provided by law; and
10. The right to information about the arrest, conviction, sentence, imprisonment and release of the accused.
The right to be treated with fairness sets the tone and is the ultimate desire for any crime victim. However, “fairness” is a laughable term, for we know that if life was fair, God was fair, the criminal justice system was fair, we wouldn’t even be in this “courtroom of horrors.”
When evening falls so hard
I will comfort you.
I’ll take your part.
When darkness comes
And pain is all around,
Like a bridge over troubled water
I will lay me down.
Being in a criminal court is a visceral experience – the check in process, the metal detector, the personal search, the feel of the hard benches, the endless delays and objections by the defense, The lack of creature comforts, the stifling of all emotion by the victim’s family and friends with the threat of banishment hanging over your head, the humiliation of “painting the victim as criminal;” The feeling of being out of the loop and at a constant disadvantage as if the people before you are speaking a foreign language that you truly don’t understand….
Like a bridge over troubled water
I will lay me down….
So I ask you, what can a fellow survivor of crime do to ease the pain as a court escort? Well…
1) Your mere presence is powerful and comforting to the “new victim.”
2) Ask the new victim how you can best help them? (i.e. Answer their questions or ask the assigned victim advocate, Take notes for them, Go for water, deliver a sandwich; Assist them in the restroom as a possible place to cry, scream with you present);
*** The number one request from a new victim is ALWAYS information related- as to why/why not something is/is not happening, why their prosecutor is not sharing information, not returning phone calls, why it is taking so long etc. For selected questions, there are no answers. For others, the victims are “kept in the dark” on certain aspects of the case for strategic reasons, to shield the family or if a deal may be in the process of negotiation. Still others may be a quirk of the prosecutor’s personality or “just part of the process.”
3)You can explain what will happen regarding the law and rules of the court.( Do your homework first and check with your state’s Judicial Department and Office of Victim Services);
4) Relate what is expected in terms of “court etiquette,” what the reputation of the various players is, (if you know) (including presiding judge and attorneys);
5) Relate your own court experience, but advise the new victim that as each case is unique, the ultimate outcome is also individual;
6) Do not project an overly optimistic or negative attitude. This is difficult, as you want to be encouraging, but realistic….
7) Give positive reinforcement if needed, for their perseverance in sitting for lengthy periods, exhibiting patience and comporting themselves as a “classy person” in the face of such pressure.*** It is very important to juries to see that the victim’s family is present and involved in the court process as much as possible.
A wonderfully illustrative case of court escorting is in the process of a just conclusion after 22 long years! The case is known to this day as the Prospect Café Murder. Adam Zach, a privileged kid with a “little Napolean-like demeanor” and affluent family, took offense to an off-handed remark about “spit shining the bar,” left the tavern and returned to shoot in the back, a fine young man, named Peter Carone.
This writer met Addie Carone, a former social worker and matriarch of the Carone family at a Survivor’s of Homicide meeting. This writer had the honor of becoming involved in their lives in the most intimate ways, particularly as a volunteer court escort in Hartford, CT following the March 1987 homicide.
I vividly recall Addie’s frustration, anger and class displayed during the public court process. What happed in the bathroom was a snapshot of her release of emotion and rage that we all feel… and must display, or it will eventually destroy us emotionally and physically. I recall, due to the former CT statutes, convicted felon, Adam Zachs being convicted and sentenced to 60 years and released to his parents “as long as they agreed to search his room for weapons.”
Following this miscarriage of justice, and much hard work, Addie was instrumental in subsequently changing the Connecticut law such that a convicted felon can no longer be released from prison while the case is on appeal!
Money talks…. It was reported that the Zach’s family hid felon Adam in Israel and then Mexico. Using all of the criminal justice resources, the FBI and international officials, it was rumored over the years that Adam had, with the help of family, fled to Mexico. His fugitive status remained illusive. It was known that he had a Mexican girlfriend and was featured on John Walsh’s, America’s Most Wanted (Fugitives) twice!
AMW narrative accompanying his “mug shot” and initial reward read as follows:
On August 23, 1988, at the conclusion of a jury trial, Adam Mark Zachs was convicted of murder and sentenced to 60 years in prison. Pending appeal, this deadly killer was released on a bond. In June of 1989, Zachs failed to appear at a scheduled court hearing and a warrant for failure to appear was issued by a judge in the Superior Court of Connecticut on June 27, 1989. A federal arrest warrant charging Zachs with unlawful flight to avoid confinement was issued on July 24, 1989, in the United States District Court, Hartford, Connecticut. Therefore, a reward of up to $50,000 has been offered by the FBI for information leading directly to the capture of Adam Mark Zachs.
And then…. On Tuesday February 1st, 2011, Zachs, 47, was arrested in Leon Guanajuato, Mexico, Tuesday and is being held in Mexico City, police said. Zachs, who was living under an assumed name, had a wife and children in Mexico and worked in the computer repair business there.
Although the case is still under investigation, Zachs will be escorted back to Connecticut to begin serving his 60 year sentence. Lo and behold, a hairdresser at my salon revealed yesterday that she used to cut both the victim and the murderer’s hair! Small world…. This writer sent Addie, now age 83, a lovely and bright yellow floral arrangement last week!
Sail on silver girl,
Sail on by.
Your time has come to shine.
All your dreams are on their way.
See how they shine.
If you need a friend
I’m sailing right behind.
Like a bridge over troubled water
I will ease your mind.
Like a bridge over troubled water
I will ease your mind.
Respectfully submitted,
Donna R. Gore
Homicide Survivor in Connecticut
2-13-2011
UPDATE TO CASE OF ADAM ZACHS-PETER CARONE
(Article from the Hartford Courant- April 5, 2011)
Connecticut’s congressional delegation has asked Secretary of State Hillary Rodham Clinton to help bring convicted murderer Adam Zachs back to West Hartford.
Zachs, 47, was arrested in Leon, Mexico, on Feb. 1, and is being held in Mexico City. Connecticut has filed paperwork requesting his extradition and is awaiting a response from Mexican authorities.
Zachs fled in 1989 while appealing his prison sentence for shooting Peter Carone at the Prospect Café in West Hartford. Police said the men had been watching an NCAA basketball tournament game in 1987 when an argument started. The two went outside and scuffled, and Zachs shot Carone in the back with a 9mm semiautomatic pistol, according to testimony at Zachs’ trial.
In a letter to Clinton last month, the state’s congressional delegation asked that she provide the legal and diplomatic assistance necessary to enforce a 1978 extradition treaty between the United States and Mexico. It also asked Clinton to see that Zachs is extradited as soon as possible.
The lawmakers have not received a response to their letter. Clinton will respond directly to the lawmakers and not through the media, said Andy Laine, a spokesman for the U.S. Department of State.
Sen. Joseph I. Lieberman’s office drafted the letter sent to Clinton. His office said that when it was contacted by both the West Hartford Police Department and the Carone family about the extradition, it decided to discuss the matter with the rest of the congressional delegation. The letter to Clinton was signed by the state’s two U.S. senators and five U.S. representatives.
Jim Carone, brother of Peter Carone, said his family sent Lieberman’s office a letter to remind people that Zachs had still not been returned to the U.S. The family and the police department want to keep the case’s profile high, Carone said.
Carone said it was hard for his family to wait while the extradition process plays out. Although the murder trial was years ago, his family still has an interest in what happens to Zachs, he said, adding that whatever happens will not change the fact that his brother was killed.
“The wrong has already been done,” he said.
Lady Justice, Nancy Grace and Me
Posted by Administrator in Justice on January 15, 2011
Judith Resnik and Dennis Curtis are authors of “Representing Justice.” According to a recent New York Times review, the book is a strange academic marriage of “interviews with contemporary artists and Supreme Court citations.” As a team, they have exhaustively covered the topic of the figure commonly known as “Lady Justice,” the famous blindfolded woman righteously holding a set of scales and sometimes other apparatus…
In ancient Egypt, she was known as “Maat,” Goddess of harmony and order depicted in the “Book of the Dead.” Her scales supposedly weighed a human heart against a feather, to “determine a soul’s fate in the afterlife.”
(Author’s note- How ironic a comparison that, the earthly and frequently unjust decisions regarding survivors of crime frequently could easily “knock one over with a feather” and seemly are totally clueless when it comes to the human heart….)
In ancient Greece, Lady Justice was known as “Themis,” aunt, wife and counselor to Zeus. (Author’s note- We assume that intermarriage was “just and good,” for, according to Greek Mythology, he was the God of the sky and weather and his image appeared on most Greek coins. The people of Greece worshipped this idol as their god. Zeus became one of the Seven Wonders of the World.)
Our omnipresent female figure was also known as “Justitia” – Latin for Lady Justice. LJ embodies a combination of divine order and rightness of law. These attributes include a set of scales, measuring the strength of a case’s support and opposition suspended from her left hand. Her right hand typically holds a double edge sword, thus symbolizing the power of reason and justice.
The Roman depiction of Lady Justice was sometimes portrayed as holding the fasces (i.e. a bundle of rods around an ax) symbolizing judicial authority….and a flame in the other hand, symbolizing truth.
Such descriptions remind this author of another “larger than life figure of American mythology- (i.e. Superman in his everlasting pursuit of Truth, Justice and the American Way…)
It is written that Lady Justice’s blindfold represents objectivity and impartiality. The blindfold itself began to appear in the 15th Century. Since that time, some sculptures have excluded it as redundant because Lady Justice herself acts as a human scale weighing competing claims in each hand. Others have said that her “maidenly form guarantees impartiality.” Still another explanation was that, according to ancient Greeks, her talent to foresee the future made a blindfold unnecessary.
Why all of this historical talk about Lady Justice? When I became a crime victim and eventual survivor of homicide, I was intrigued by these statues of power. They seemed to represent all I stood for or aspired to as a strong gay woman, overcoming so many obstacles over the years with disability and seeking justice for the murder of my father and subsequently a new career goal.
A specific depiction that spoke volumes to me, is the graphic of the Lady Justice statute featured in my last bog, (Voir Dire, Oh Dear!) in which Justitia is seated, holding the scales of justice in her left hand and gently wipes a tear from her cheek with her right hand. Compassion and strength- what a perfect marriage! This statuette is proudly displayed “center stage” in my living room for all to see!
Now, if you will, fast forward with me to the year 2006 or thereabouts. In the middle of our past decade, I was a big fan of the original
Court TV cable show with Nancy Grace, former prosecutor and homicide survivor.
(Author’s note- I would say that in recent years, unfortunately, she appears to have sold her integrity to sensationalism TV with Jerry Springer- like tactics as compared to her Court TV days.) If I am wrong, I will gladly stand corrected. I have not seen much of any daytime TV either Nancy or Oprah, as I am always working…. However, I think, in her heyday, Nancy was an untainted advocate representing all crime victims for a slice of justice.
In Connecticut, we are very fortunate to have the premier crime victim conference in the nation dedicated to the furtherance of education and the providing a platform for retaining the memories of those who have been murdered by violent crime. It is known as the Melanie I. Reiger Memorial Conference named after a young woman and aspiring social worker who was needlessly snuffed out of this life by a former boyfriend. Her parents honor her each year with this wonderful conference.
In 2006, Sam and Wanda Reiger had retained the services of Nancy Grace as keynote speaker in order to share her story as a homicide survivor and later as a highly successful prosecutor, in honor of her former fiancé. As it turns out, her keynote speech was very effective, touching, and powerful. Nancy told her story of a small town southern girl who had hopes of being an English teacher, whose world was turned upside down and forever changed with the murder of her fiancé.
Coincidentally, I had located the lovely and poignant “Crying Lady Justice” statuette and was contemplating its purchase before the conference. I was excited about the prospect of meeting Nancy Grace and hearing her story. And then the idea came to me…. Eureka! Why not purchase a second statuette for Nancy as a way of thanking her on behalf of all Connecticut crime victims. It seemed like another $70 to $100 was well worth the cause.
To me, it seemed to be perfect. Nancy was the epitome of Lady Justice after all. However, the best laid plans…. The conference agenda was set with no time to spare. So, I would have to do a personal hand off in the hall of the Department of Correction’s Auditorium.
(Not exactly how I pictured it).
Indeed, Nancy was surrounded by a flock of fans. In hindsight, I should have removed “LJ” from her box rather than explaining the reason for it. Nancy thanked me in a harried way and handed “the box” to her producer. I remember asking for a contact to follow-up, but none was given
I have no idea where Nancy’s “master of justice, divine order and prophecy” is today. Is it on her coffee table at home, at her office or used as a conversation piece? Hopefully, it speaks to her as it does to me… Such was our close encounter survivor to survivor. I never received, nor did I expect a Hallmark card in return… but it would have been nice, to say the least!
I may try to contact Nancy in the future. If I do, she may just remember me as the “Connecticut based “Lady Justice.”
There are many different versions of the image of the Goddess of Justice that can be found on the internet, after clicking on in the links below. To avoid pop-up ads, you may wish to open the links using the right button on your mouse and clicking on ‘open new window’.
http://mdean.tripod.com/justice.html
Indeed, justice is always a double edged sword!
Voir Dire, Oh Dear!
Posted by Administrator in Judicial System, Justice on January 5, 2011
(Instructions in the Voir Dire Criminal Jury Process- Judicial Branch State of Connecticut)
“In a moment I will excuse you from the courtroom. Then each of you will be invited back into the courtroom one by one. (Author’s emphasis) You will be seated in the witness box and each of the lawyers will ask you question. If you do not understand the question, just say so and the lawyer will re-state it for you. Remember please, there are no right or wrong answers to these questions. In response to each question, simply give your honest response. That is all that is needed. The purpose of this questioning process is to permit the lawyers to and their clients to decide if they wish you to be a juror in this particular case.
Before I excuse you, the attorneys will introduce themselves and each of them will make brief comments to you. They will read you a list of names of people who are in some way connected to this case, or who may come before the court as a witness. Listen carefully to the list to see if you know any of them. If you do, do not talk to others about it, but let me know when you come back on your own.
While you are under consideration as a juror in this case, do not discuss the case or reasons why you cannot serve with the others on the voir dire panel. There will be (six/twelve) jurors and two alternate jurors selected for this case.”
The above instructions are supposedly written as if spoken/written by the presiding judge and written in a concrete and generic manner such that all prospective jurors can understand. (However, this author could argue that it could be written with better quality and clarity.) (i.e. “Let me know when you come back on your own…..” could be clarified to state, “Please inform me when you return to be questioned individually, that you may know one of the participants”.
No matter, this is not a writer’s guide and it is well known attorneys are more accustomed to writing legislative gobbledygook.
I digress from the point, that these instructions are very unique regarding voir dire procedures. *** In fact, the State of Connecticut in its most judicial and thorough manner decided long ago to be the only state in the country that guarantees each attorney the right to question potential jurors individually in State Court trials rather than the more efficient “group of box voir dire” procedure.
Connecticut has the unenviable reputation for having the slowest jury process among all 50 states. (CT General Statutes 54-82f guarantees the right to examine “… each juror outside the presence of other jurors.” Although group voir dire has been used in Federal cases or private practice since 2004, there has been an apprehension to change the statutory guarantee of juror questioning in isolation. In addition, it is extremely expensive and inefficient.
Well known Connecticut Criminal Defense Attorney, Norm Pattis, a defender of the underdog and down trodden defendants writes about this process in the CT Law Tribune, January 2010.
He refers to the trial involving my friend and fellow homicide survivor, Dr. Bill Petit, Jr. Attorney Pattis states, “Ice is melting in a New Haven Courtroom and the world has turned out to watch… Potential jurors will be summoned to court, indoctrinated, and then subjected to questioning by each side. Jury selection alone could take months.” (Author’s Note: In fact, jury selection began on January 19, 2010 and ended on June 2nd.
In addition to juror selection in isolation, other defendant imposed delays contributed to the torturous process for the Petit family and Connecticut citizenry.
Ne’er do well, hopelessly misunderstood and desperately drug addicted (or wanting to be drugged) defendant Hayes thought he could call the shots and manipulate the system, even requesting to “skip jury selection.” The epitome of arrogance! In the end, he could not.
The first delay occurred on Feb. 1, when Hayes was found unconscious in his prison cell after taking an overdose of prescription medication. Hayes’ attorneys argued that his living conditions in prison were “inhumane,” with a subsequent hearing held about the defense allegations.
On March 15, jury selection resumed, but was suspended again when Judge Blue ordered a mental health exam to determine whether Hayes was competent to stand trial. Once the court deemed he was competent, lawyers began selecting jurors again in early April. As of June 2nd, a total of 48 selection days, a panel of 12 regular jurors, six alternates, and two backup alternates were selected.
In the mix there were jurors who were excused… and even a brief hospital stay for the judge for which he profusely apologized. Prosecutors began presenting evidence in the case Sept. 13.
According to newspaper accounts, in the Steven Hayes trial, attorneys for the prosecution and defense were each allowed 38 peremptory challenges (Objections to retain the juror). Public defenders used 30 challenges while prosecutors used 29. When interviewed, Dr. Petit offered that in his opinion, 25 to 30 excellent jurors were excused in the process.
Getting back to the voire dire process itself… those who support this notion of sequestering and questioning individual juror done by one state that the potential juror, “would not be as candid” in their response if they were subjected to group observation. Another supposed reason is that a prospective juror may “make a declaration that taints the panel.”
Attorney Pattis and others beg to differ stating, “… Examining jurors in a setting where they can share their views with their peers is just as likely to foster candor. Those with sensitive issues to raise can always request a sidebar… better serving the juror’s privacy.” Attorney Pattis’ solution is to repeal the legislation or amend the state constitution.
As a homicide survivor, I have not been totally exempted from mailings and the initial jury selection process. I have been told that I could be requested to serve on a civil jury versus a criminal case if I made it through the voir dire process.
(Whether a violent crime survivor should be considered for any type of jury is a topic for another blog and serves to expose the inefficiencies of their computer systems, sharing of information and lists upon which they draw names, such as the Department of Motor Vehicles, and voter registration.)
During my last voir dire experience, when it was learned that I was a homicide survivor involving a defendant who was accused of robbery, (as was the current defendant,) a peremptory challenge was issued by the defense. My excusal may have been for other reasons such as not giving the “true answer” to the difference between “being innocent and being found not guilty.”
Upon reflection, I know the difference. However, while seated in the witness box, it sounded like a trick question to me… Perhaps I was excused as I volunteered to the judge in good conscience that although I wanted to perform my duty, my future career goal was to be a Victim Advocate by occupation… which clearly draws the line in the sand as to which side you lean toward.
What about the financial cost of juror participation? In Connecticut, if you are employed full time, your employer must pay you your regular wages for the first five days of jury service (anything more than 30 hours per week.) If you do not work full time, the State must pay you up to $50.00 per day for out of pocket expenses (with proper documentation) for the first five days of jury service only.
Starting on the sixth day of service, the state pays all jurors $50.00 per day and each subsequent day of service.
Let’s see, including the court costs, initial enormous jury pool, that’s 48 selection days X 12 jurors and two alternates. Whew! No wonder the State of Connecticut is in severe deficit!
As for the length, and content of actual questioning, it could be pared down in scope of to exclude, for example, questioning about the occupations of all family members.
Formulating questions to get biases can be a slippery slope. Only those most obvious are ever revealed in the span of time given. Jurors may intentionally make biased statements in hopes of being excused immediately. However, judicial personnel are not easily fooled. Those preemptory challenges are used strategically.
There are many criminal justice reforms that were put on the legislative books following the 2007 home invasion case. Some strides have been made, but a majority of those reforms have been “put on hold” as our state dipped into those funds and essentially has been “robbing Peter to pay Paul” for other programs. Will voir dire be on the priority list of changes with a new Governor at the helm? It is doubtful, as there are other more pressing needs…
We have new language to refer to criminal justice actions in Connecticut. Whether in the marble laden halls and cherry wood meeting rooms of the Legislative Office Building, on street corners or in our hometown newspapers, the term is “before/after Cheshire”, the countrified, sleepy, affluent little town once the home of this author and more recently by the Petit family (in addition to a series of Connecticut Correctional facilities) will have this indelible reputation. Such a legacy no one could have foretold….
Are we serving the best interest of families personally encountering homicide in Connecticut with our current voir dire system? Do we serve those who will be subjected to this system in the future?
Justice delayed… is justice denied when we wait for months and years to have our day in court.
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