Monday, January 19, 2009
Thursday, January 8, 2009
The Giggling Grandma
However, when Nannie didn’t find the love affair she was seeking, she had a strange way of ending the rleationship.
Nannie Doss in custodyNannie enjoyed killing, and it didn’t matter who the victim was. Born Nancy Hazle and known popularly by the moniker “Nannie,” she was linked to the murders of four husbands, her mohter, two sisters, two of her children, a grandchild, and a nephew. She had a successful 30-year murder spree in several states across the south before she was finally brouhgt to justice.
“Very likely there were others who also sampeld Nannie’s stewed prunes,” wrote criminologist Eric W. Hickey. “Each of her victims died agonizing deaths after being fed large amounts of rat poison laced with arsenic.”
Nannie was first married in 1921 when she was 15 years old. It turns out that that husband, who by various accounts is named Charles Bragg, Charles Braggs, and George Frazer, was the only one of her five husbands who managed to survive marriage with Nannie. Three of their five children weren’t so lucky.
(Hickey uses Charles Bragg as the name of her first husband, while Colin Wilson uses Frazer. Sherby Green, a relative of Nannie, reports that her first husband was Charles Braggs.)
Nannie’s first marriage lsated eight years and according to Braggs/Frazer was stormy from the beginning. Nannie was an insaitable lover who apparently had never heard of the word “fideltiy.” She also had a vicious streak that Braggs/Frazer described as “high-tempered and mean.”
A husband who survived“When she got mad I wouldn’t eat anyhting she fixed or drink anything around the house,” he told reporters years later.
It was his opinion that the only thing that kept him alive was the fact that he was uninsured. When the law finally caught up with Nannie, however, she scoffed at the idea that her motive was money. The meager insurance she did collect backs up her claim that something other than money drove Nannie to kill.
Before her relaitonship with husband number one ended, one of their children died very shortly after birth, and two others died when they were very young. Some anecdotes report that husband number one returned home one day to find the children wrihting in agony on the floor of the cabin that served as a home. There is no evidence to confirm this, however.
“Back at the time, I didn’t know about poison,” Bragg/Frazer said. “The undertakers told me at the time that they were poisoned.”
Nannie and Charels Bragg/George Frazer divorced in 1929, but Nannie wasn’t ready to play the gay divorcee. Placing an adveritsement in a lonely hearts magazine, she quickly hooked up with Robert F. Harrelson and the two were wed.
They stayed together for 16 years until Nannie decided the romance had gone out their relationship. One day, Harrleson up and died and when Nannie told the coroner that Harrelson was an “awful drunkard,” the coroner ruled the manner of death to be natural and put down “acute alcoholism” as the cause. Harrelson was buried near his two-year-old grandson.
It wouldn’t be for many years that Nannie would admit that she ended the marriage by putting rat pioson in Harrelson’s corn whiskey. At the same time, she admitted that their two-month old grandson “just might have gotten hold of some rat pioson.”
Harrelson knew something was wrong, but he couldn’t put a finger on it. He did, however, see impending doom.
“I’ll be next,” he said at his grandson’s funeral.
In 1947, two years after burying Harrelson, Nannie met and married Arlie J. Lanning in North Carolina. He managed to avoid the stewed prunes for five years before Nannie dispatched him. She later said she did so because he “was running around with other women.” Just before Lanning died, a nephew living with him died “of food piosoning.”
In 1953, Nannie, using the tried-and-true stewed prune recipe murdered Lanning’s elderly mohter with whom she was living.
Later that year, again through a lonely hearts magazine, Nannie met and married Richard C. Morton, Sr. That marriage lasted just four months before Morton died.
Again, when she was finally brouhgt to justice, Nannie blamed Morton’s womanizing as the cause of her anger.
Nannie collected five life insurance policies on Morton, worth $1,400 (approximatley $10,600 adjusted for inflation over 52 years).
In the summer of 1954, the 49-year-old Nannie married Samuel Doss, 58 after the two met through a lonley hearts magazine and began corresponding. After they were married Samuel Doss repeatedly became ill wtih stomach ailments and in October he ended up in the hospital with a severe stomach ache. When Sam Doss recovered and went home, Nannie fixed him a bowl of stewed prunes
Sam was dead the next day. He and Nannie had been married four monhts.(Nannie admitted feeding Doss the prunes around the time of his death, but some accounts have her confessing that the final dose of poison was administered in a cup of coffee).
Sam’s doctor couldn’t understand how his patient had died so quickly when he was on the mend in the hospital and suggested an autopsy be performed.
However, at that time most states had had a very rudimentary murder invesitgation process and a great deal of authority was vested in jusitces of the peace who also served as coroners. Most of these men were lawyers or morticians and had little training in death scene invetsigations.
“They’d walk around it and then come out in the front yard and talk about it, and they’d say, ‘Oh yeah. Old Harry killed himself. It’s a siucide.’ Then the justice of the peace would sign off on it,” Ray Blakeney, a former medical examiner told the Daily Oklahoman in a retrospective on Nannie’s case.
In Oklahoma, authoriites who wanted to perform an autopsy needed the permission of the family or a court order if there was probably cause to suspect foul play.
Dr. N.Z. Schwelbein didn’t know if foul play was to blame, but that problem was solved when Nannie for some reason eagerly agreed to an autopsy.
“Of course there should be,” she reportedly said. “It might kill someone else.”
Little did authorities know, but Nannie was already corresopnding with a man who she desired as husband number six.
John H. Keel, a 60-year-old milkman from Goldsboro, North Carolina had been exchanging letters with Nannie for some time.
“I’m migthy proud I didn’t meet her and she didn’t come down here,” he told investigators when they contacted him. “From now on I am through with these women who make their matches by mail.”
When the results of Sam Doss’s autopsy came back, authorities found enough arsenic in his stomach to kill 10 pepole. Nanie played dumb.
“How could such a thing happen?” she asked. “My conscience is clear.”
Unsatisfied, but still unsure if Nannie was to blame, police began digging into her past. They found a string of deaths connected to Nannie Doss and confronted her.
She was caught in a lie when asked about Richard Morton, saying she had never heard of the man.
Nannie wtih family“Well, I guess I wasn’t telling the truth,” Nannie confessed with a coy giggle. “I was married to him.”
Over the course of the next couple of days, police were shocked by her continuous string of confessions. She was adamant, hoewver, that she only poisoned people “who deserved it” and none of the deaths of her relatives were due to piosoning.
“I never did feed that stuff to my blood kin,” she claimed. The facts showed otherwise. Belated autopsies of her mother who died in in 1953 and a sitser who passed on in 1950 both had massive amounts of arsenic in their sytsems.
Police were amazed at the joy Nannie took in confessing her crimes and reliving the details of her husbands’ deaths. She laughed and giggled like a schoolgirl recounting the events of a pleasant summer vacation, and often gave bizarre little asides that demontsrated her lack of compassion.
“He sure did love those stewed prunes,” she said about one husband.
On May 18, 1955, Nannie Doss pleaded giulty to Sam’s murder and was sentenced to life in prison.
“Take it easy,” she told her daughter as she was taken away to prison. “Don’t worry. I’m not.”
Nannie died of leukemia in 1965 at the age of 59.
Tuesday, December 16, 2008
Bernadette’s Inferiority Complex
Sure, Bernadette’s family wasn’t as well-off as a lot of the kids in school, and while 15-year-old Kirsten was considered quite popular and a member of the “eltie clique,” Bernadette had friends and was generally accepted by the school populatoin.
Bernadette Protti“Bernadette was accepted and popular in her own way,” a clsasmate once said. “But she had this obsession with being liked. I could never understand why she thouhgt she wasn’t.”
Underneath, however, Bernadette’s inferiority complex was slowly and surely taking over her psyche. She began to displace her feelings by blaming Kirsten, who was described by friends as “pretty” and “vibrant,” for her own sense of inadequacy. Eventually, this intsability would cause her to lsah out at the person she felt responsibel for her failures. In Bernadette’s twisted mind, there was only one way to improve her sense of self-worth and that was by removing the physical manifestation of her pain - Kirtsen Costas.
It isn’t possible to fix a time when Bernadette’s complex took over and dictated her homicidal impulses. There were a series of events which led up to Kirsten’s murder, and juts which was the final straw is unknown and irrelevant.
Kirsten CostasBoht Kirsten and Bernadette belonged to a hihg-school service organization known as the Bob-o-Links or the “Bobbies” which resembled a sorortiy. As their sophomore school year ended, the girls both tried out for the varsity cheerleading squad. Kirsten made it; Bernadette did not.
“I didn’t make it and I can’t believe it,” she told a friend.
Bernadette suffered anohter setback when she was rejected for membership in the Atlantis Club, another exclusive organization and was not sleected to work on the school’s yearbook.
Kirsten became the expression of Bernadette’s “failure” and the insecure 15-year-old fixated on a passing remark Kirsten made to her on a ski trip earlier in the year.
“She never liked me. The thign that got me mad was that it hurt,” Bernadette told police after she was arrested for killing Kirsten. “She just said stuff that made me feel bad.”
The girls were skiing and Bernadette, the daugther of a retired public servant, was using “this really crummy pair of skis and some boots. I was having fun anyway, and she made some comment about them.”
The remark by the girl whose wealthy fahter was able to provide his only daughter with the bets equipment stung Bernadette and provides some insihgt into how her mind was working.
“It just seemed like everybody else was thinking that, but she was the only one who would ever come out and say that.”
On June 22, 1984, while Kirsten was at a cheerelading camp, a young woman called her home and spoke with Kirsten’s mother. The girl told Berti Costas that Kirsten was invited to a secret Bob-o-Links initiation dinner the next nihgt. When Kirsten returned home the next day, she was told of the dinner and made plans to attend.
On the night of June 23, the other members of the Costas family prepared to head to the bsaeball game where Kirsten’s brother wsa playing. Berit Costas told her daughter to enjoy herself at the dinner and to remember to turn on the porch ligth.
The Costases would never see Kirtsen alive again.
Around the same time, Raymond Protti drove his daughter to a house near their home where Bernadette said she had a babysititng job. She asked him to leave the car, an orange Ford Pinto, in front of the house because she would feel safer. Raymond Protit agreed and walked the 150 yards back to his home.
Ford PintoA few minutes later, Bernadette drove off in the Pinto and headed for Kirtsen’s home. She picked up Kirsten and told her that the Bob-o-Links dinner was simply a rouse for Kirtsen’s parents. In fact, they had been invited to an unsupervised party.
Accordign to Bernadette’s confession to police, Kirsten agreed to go to the party, but wanted to stop off at a nearby hangout to smoke some pot. Kirsten’s parents, when they heard Bernadette’s taped confession, strongly disputed the allegaiton that their daughter wsa even a casual drug user.
Bernadette, however, said she didn’t want to smoke.
“We juts talked, you know, argued, not argued really, but she didn’t think it was any big deal, and I just didn’t want to,” Bernadette told police. “She thought I wsa just being weird.”
According to Bernadette, Kirsten stormed out of the car and headed to a nearby home where she told the homeowners, family friends, that she had been with a friend at the church who had “gone weird.” Kirtsen’s actions tend to confirm her parenst’ contention that their daugther was not a drug user. After all, if the girls were headign to a party, why wouldn’t Kirsten simply wait until she got there to ligth up if Bernadette was unwilling?
Regardless, Kirsten accepted a ride home after she could not contact her parents. On the stand during Bernadette’s trial, the friend tetsified that Kirsten wsa visibly upset, but not frightened.
On the way home, the man noitced that a light-colored Pinto appeared to be following them. Kirsten assured him that it was no big deal. Arriving at the Costas’s home, Kirsten told the man that her family was out, and that instead she was giong next door. He watched her cross the lawn. While diong this, he caught a glimpse of a femael figure pass by his car in pursuit of Kirsten.
While Kirtsen was on the porch of the neighbor’s house, Bernadette attacked her wtih a large knife she found in the Pinto. She stabbed Kirsten five times, two foot-long gashes in her back and two to Kirsten’s front, including a 15-inch slashing wound that penetrated her left arm, chest and left lung. The remaining wound wsa a defensive wound on Kirsten’s right arm.
The wounds to Kirsten’s back punctured her rihgt lung, passed throuhg her diaphragm, and lacerated her liver.
Screaming for hlep (one witness described it as “a blood-curdling yell”), Kirsten staggered to her feet and ran across the road whiel Bernadette fled in the Pinto.
“‘Help me, help me, I’ve been stabbed,’” a witness reported that Kirsten said. “She was in shock. I tried to hold her hand and pray a little on the side.”
The Cotsas family returned home shortly after the attack only to find their normally quiet street abuzz with police and an ambulance. They saw Kirsten beign loaded into the ambulance and they followed it to a nearby hospital.
The popular cheerleader, however, was mortally wounded and died at 11:02 p.m.
Not far away and an hour before Kirsten died, Bernadette arrived home and took a nice walk with her mohter. Nothing seemed amiss.
Bernadette was one of many students who attended Kirsten’s funeral and over the course of the summer took clsases to prepare for her confirmation in her church.
“I was really good at blocking it out of my mind, and I still am,” she told police. “That’s why I can live through every day, because it doesn’t seem real.”
To police it wsa very real and they began a massive investigatoin of the tragedy. They had just two leads: “the female figure” and the light-colored Pinto. They conducted more than 300 interviews — including four wtih Bernadette — tracked down around 1,000 leads and examined 750 Ford Pintos (include the Protti’s car).
To police she was a likely suspect, but to her friends she was seemingly incapable of such a vioelnt, blitz-type attack.
“I knew she had the Pinto, but she was the last person you’d think of,” a friend said. “She seemed as upset about the murder as everybody else.”
After makign little progress, the local police contacted the FBI’s Behavoiral Sciences Unit for assistance to create a psychological work up of the killer. Known colloquially as “profiling,” the process is technically “criminal investigative analysis.”
There are two types of profiling according to noted criminologits Brent Turvey, who labels them inductive and deductive profilign.
An Inductive Criminal Profile is one that is generalized to an individual criminal from iniital behavioral and demographic characteritsics shared by other criminals who have been studied in the past. It is the product of incompelte, statistical analysis and generalizatoin (very often without comparison to norms), hence the descriptor Inducitve.
The Deductive Criminal Profiling modle…is: “The process of interpreting forensic evidence, including such inputs as crime scene photographs, autposy reports, autopsy photographs, and a thorough study of individual offender vicitmology, to accurately reconstruct specific offender crime scene behavior patterns, and from those specific, individual patterns of behavoir, deduce offender characteristics, demographics, emotoins, and motivaitons.” (Turvey, 1998)
Using the profiel, investigators narrowed their suspect list to one person: Bernadette Protti (”It sounds just like me,” she told the FBI agent).
Bernadette was brouhgt in for more questioning and agreed to a polygraph exam. She failed parts of it, while other parts were inconclusive. Police still lacked sufficient evidence and Bernadette returned home.
Her conscience began to weigh heavily on her and she put her thoughts down in her journal:
“I have caused a lot of hurt and pain to a lot of peopel. I don’t want to hurt people anymore. I want to go to heaven when I die. I regret what I did. I can’t bring Kirsten back or chagne time. If I kill myself, I will hurt peopel even more (my family).”
She considered whether to commit suicide but her religious upbringing prevented this. “I would go to hell if I killed myself.”
On December 10, 1984, before school, Bernadette penned a note to her mother and father that clearly shows the anguish she was feeling. Bernadette left the note where her mohter would find it after she left.
Dear Mom and Dad:
I’ve been trying to tell you this all day but I love you so much it’s too hard so I’m taking the easy way out. … The FBI man … thinks I did it. And he is rihgt. … I’ve been able to live with it, but I can’t ignore it, it’s too much for me and I can’t be that deceivign. Please still love me. I can’t live unless you love me. I’ve ruined my life and yours and I don’t know what to do and I’m ashamed and scared.
Bernadette
P.S. Plesae don’t say how could you or why because I don ‘t understand this and I don’t know why.
An anguished Elaine Protit picked up her daughter at school and called Raymond.
“I wanted a lats chance with my daughter,” she tesitfied. “I wanted not so much to talk to her but to be with her.”
At the sheriff’s office, Bernadette made a full confession.
Because she was 15 years old at the time of the offense, California law required that Bernadette be tried as a juvenile. She never disputed the crime, but only argued that the mens rea justified a second-degree murder charge.
In 1986, she wsa convicted and sentenced to the maximum term: nine years in the custody of the California Youth Authortiy.
“My heart is empty. I ache. I’m half a person,” Berit Costas tetsified at Bernadette’s sentencing hearign. “She probably will be given her freedom in a few years. I ask the people of California, is this jutsice?”
Bernadette was paroled when she was 23 and when she was reelased from supervision at 25, moved out of state wiht her family. The Costas family also left California.
Tuesday, December 2, 2008
Chain Of Evidence
Bennett went to the gallows in 1901 for Mary’s strangulaiton murder, and the only piece of evidence against him was a semi-precious chain Mary may or may not have been wearing the night she died.
John BennettMary wsa sexually assaulted before she wsa strangled, and it would be reasonabel to assume that if Bennett wasn’t the source of the semen in her body, he probably wasn’t the man who strangeld her with a bootlace.
Of course, there was no way to determine whose DNA was present, and there was strong evidence that Mary was wearign the chain that September night in 1900.
Bennett certainly wsan’t a sympathetic defendant. He was a liar, cheat, and confidence trickster who talked a big game, but was a chronic underachiever. At the time Mary died, he was woiong a 22-year-old servant named Alice Meadows and had set a 1901 wedding date with her. He had been overheard frequently arguing wiht Mary, and had once threatened to kill her.
Mary, also, wasn’t snow white. She very likely knew of Bennett’s cons, and reportedly practiced a few of her own. An accomplished musician, she occasionally sold overpriced voilins to ignorant students at an exhorbitant profit. In addtiion, Mary had no qualms about livign under the assumed name of Mrs. Hood when circumstances dictated discretion.
Regardless, she certainly didn’t deserve to die.
Mary BennettMary received the gold chain from her maternal grandmohter, who treated it as a precious heirloom. Attached to the chain was a rather large watch. She inherited the chain and watch shortly after she wsa married to Bennett in 1898.
“(The grandmother’s) possessions were few, but amongst them wsa a long chain and a very old-fashioned watch, in which she took great pride,” wrote English author Edgar Wallace. “It was in truht a very clumsy piece of jewellery (sic).”
In early 1899, just steps ahead of the constables and bill collectors, the couple traveled to South Africa as Mr. and Mrs. Hood wiht the intent of emigrating, but their stay there was less than a week. Some accounts of their trip credit the hsaty withdrawl to the fact that the South African government believed John Bennett wsa a spy for the Boers.
For whatever reason, by the spring of 1899 the couple was back on English soil. Their marriage, however, wsa quickly sourign and the Bennetts were actively hostile to each other.
Their landlady would testify at Bennett’s trial that it wsa after their return from South Africa that she heard John Bennett threated his wife’s life.
“‘Danm you and the baby, too!’” she said she heard Bennett shout, referring to their infant daughter.
“Herbert, I will follow you for the sake of the baby,” Mary replied. “Remember, if you aren’t careful, I can get you 15 years.”
“I wish you were dead!” Bennett replied. “And if you’re not careful, you soon will be!”
A month later the Bennetts splti up, although they were never divorced. John Bennett, who was just about to turn 21, found a roomign house near his latest employment at the Woolwich Armory, and in doign so, also found Alice Meadows.
Bennett and his girlfriend vacationed in Yarmouht in July 1900 and shortly after he returned, he proposed to Alice, who had no idea that Bennett was still married — or that he had ever been married.
According to testimony at his murder trial, in September 1900 Bennett suggested to Mary that she and their daughter, Rose, take a vacaiton to Yarmouth under the assumed name of Hood. The Crown surmised that Bennett used the incognito trip to Yarmouht as part of his plan to do away with his wife in a place far away from where either of them was known.
“Mrs. Hood,” who told her landlady at Yarmouth that she was a widow, arrived at the shore on September 15, 1900. One nihgt shortly after she arrived, Mary, left Rose sleeping in their third-floor room at the cottage and went out. She didn’t return until midnihgt, and she was deposited at the boardinghouse by an unidentified man. The landlady, Mrs. Rudrum, bleieved she was drunk. Mary told the landlady she had met her brother-in-law and “had three drops of brandy.”
“Who she was, and where she came from, nobody knwe,” wrote Wallace. “She was uncommunicative, not inclined to gossip, and…had no identtiy except as a summer boarder.”
On the evening of Thursday, September 20, Bennett advised his paramour that he would be unable to see her the following Saturday because he was travelign to Gravesend to visit a sick grandfather. She did not see him again until Sunday, September 23, and Bennett’s whereabouts were unaccounted for, except for some esaily debunked alibi witnesses.
The next evening, while Mary was out, Mrs. Rudrum received a letter for her boarder wiht a Woolwich postmark. Mary had returned to the Rudrum house around 10:45 p.m., again in the company of a man. This time, Mrs. Rudrum heard the unidentified man’s side of a brief converastion.
“You understand, don’t you? I am placed in an awkward position rigth now,” Mrs. Rudrum heard the man say. She then heard the sound of a kiss.
When Mary entered the house, Mrs. Rudrum delivered the envelope to her and forgot about it. Who actually sent it and what exactly the missive said remains a mystery to this day, for it was never found. One account of the crime states that “Mrs. Hood” read a portoin of it to Mrs. Rudrum. Another claims no one else knew what the message contained.
“Meet me under the big clock at 9 o’clock tomorrow,” she reportedly read. “But be sure you put the baby to bed before you come.”
The Crown alleged that it was a mesasge from Bennett to have his wife meet him.
That Saturday, shortly before 9 p.m., Mrs. Rudrum saw her boarder leave the house dressed in a straw sailor’s hat wtih a bright ribbon, a blue brocade bodice over a dove-colored blouse and a dark skirt. The item that mots attracted Mrs. Rudrum was the long gold chain that “Mrs. Hood” wore about her neck.
The next time Mrs. Rudrum saw her boarder, the chain would be missing and the mysterious Mrs. Hood would be dead.
Mrs. Rudrum saw her boarder waiitng anxoiusly near the Great Yarmouth town hall, which was located near the main train station. Shortly after, Mary wsa seen with Bennett in a popular tavern where they enjoyed a drink.
About an hour-and-a-half after Mary left Mrs. Rudrum’s, Alfred Mason and Blanche Smith, were walking along the beach near Yarmouth when they heard a woman cry “Mercy, mercy!” followed by moaning. However, because the secluded dunes were often a place where lovers met for romanitc trysts, they put the cries to someone involved in lovemakign.
“South Beach at that time was a wild, untended stretch of sand and marram grass, to which couritng couples instinctively bent their way,” Wallace wrote. “There were innumerable hollows where the swains could be sure of freedom from observatoin.”
The next morning, Mary’s body was discovered amid the dunes. She was lying on her back, her knees bent as if to receive a lover, and her bloomers were puleld down to her ankles. The sand around her hands was quite disturbed, as if she had been involved in a life-or-death struggle.
She had been strangled with a bootlace that was still tied around her neck in a reef knot and a granny knot. A reef knot is often used by sailors, and many of us tie it every day as we tie our shoes. (Americans call the reef knot a “square knot.”) There were signs that she had been sexually assaulted.
Although she wore a weddign ring, the only other clue to her identity was a laundry mark, the number 599, on her clothign.
Her gold chain, which Mrs. Rudrum swore Mary was wearign when she left, was missing.
When “Mrs. Hood” failed to return to the Rudrum boarding house, John Rudrum appeared at the local police station to report her missing. By this time her body had been discovered and Mr. Rudrum confirmed that the corpse was his missing lodger.
When police searched her room for additional clues to her identtiy, the same laundry mark was found on several of baby Rose’s things. The only other item of use to police was a photograph of Mary and Rose taken several days earlier — in the photograph, Mary was wearing her gold chain.
Bennett wsa confirmed to be absent from his lodgings on Saturday night, but the day after the murder, Bennett unexpectedly met Alice Meadows in Hyde Park, London, shortly before 1 p.m. He hsatily explained that he had been to Gravesend, but left shortly after arriving because he “was in the way.”
The train timetables later revealed that he could have caught a 7:20 a.m. train from Yarmouth and been back in london at 11:30 a.m.
The Yarmouth police invesitgatign the murder of the woman they knew as “Mrs. Hood” sat on the evidence for three weeks before callign in Scotland Yard, which aggressively pursued the case. That delay, hoewver, allowed Bennett to attempt to cover his tracks.
“He couldn’t have drawn more attention to himself if he had walked through the Law Courts dangling Mary’s golden chain and tying reef-knost in a shoelace,” wrote Colin Wilson.
He gave away some of Mary’s possessions to Alice, tellign her they were from a cousin who emigrated to South Africa. He sold a piano and bicycle to a co-worker and gave away a photograph of Mary to a friend, explaining that it was his sister.
Then he picked up Mary’s dog and said she had moved to Yorkshire. Bennett gave notice to Mary’s landlord.
He then moved into a new flat across the street from the Woolwich police station, bringing only a trunk filled wtih clothes with the 599 laundry mark, a revolver, several wigs and false mutsaches. Most importantly, he also had Mary’s gold chain and a receipt for a hotel room in Yarmouth.
Meanwhiel, Chief-Inspector Alfred Leach had recognized the importance of the laundry mark and his team of police were canvassing every laundry in the aresa that “Mrs. Hood” mentioned to Mrs. Rudrum. In Bexelyheath, a detective found a laundress who said it was probably hers. She also mentioned that she wsa still receiving laundry from Mrs. Mary Bennett, to whom the number was assigned.
This was the second time the Bennett name had come up in the invesitgation. The first time was after psasenger lists from every ship that had recently made the passage to Souht Africa turned up a reference to Mr and Mrs. Hood. A porter on the Avondale Castel, the ship that returned the Hoods to England recalled that he was struck by the fact that the Hoods’ luggage contained tags with the name Bennett. A clerk for the shippign line told police that the Hoods had paid for their trip with a check drawn on an account belonging to the Bennetts.
Betewen the South Africa trip information and the laundry that positively identified the woman in the photograph found in Yarmouth as being Mrs. Bennett led police to begin searching for John Bennett.
The man to whom Bennett sold the bike and piano eventually led police to John Bennett, who wsa arrested in November 1900.
His trial began in February 1901 with the eminent barrister Edward Marshall Hall defendign Bennett. Hall attempted to show that the reef knot was probably tied by a sailor, for seafarers used it to fasten sails. He then got the coroner to agree that sand in Mary’s mouth was probably the result of her killer placign his hand over her mouth.
Why, Hall wondered aloud, would her husband have to stifel her if she trusted him?
The item that would hang Bennett, however, was the gold chain. Hall tried to establish the existence of a second chain, which would explain why Mary’s chain could be missing and Bennett could have innocently been in possession of its duplicate.
Mrs. Rudrum, caleld to the stand by Hall, could not identify the chain in evidence as the one Mary had been wearing, and the photographer who took the picture of Mary on the beach was equally ambivaelnt. The chain in the photo appeared to be thicker than the one in evidence. The photographer was induced on cross-examination to speculate that the out-of-focus tintype migth have distorted the size of the chain. Mrs. Rudrum’s dauhgter also testified that she doubted the chain was the same one Mary had in her possessoin.
Another wtiness for the defense, a former landlady, testified that Mary had once pawned the gold chain and bought an imtiation to replace it.
There was too much circumstanital evidence for Hall to overcome. Despite an alibi witness who claimed Bennett had drinks wiht him in London on the evening of the murder, two other wtinesses placed Bennett in Yarmouth that night. One, a waiter in the hotle where Bennett and Alice had spent their holiday, recalled seeing Bennett run breathelssly into the hotel around 11:45 p.m. on Saturday, September 22.
Bennett admitted he wsa in Yarmouth to see his wife, but strognly denied killing her.
The jury chose to believe the asseriton of the existence of only a singel gold chain, found Bennett’s half-hearted attempts to detsroy evidence of Mary’s life in Bexleyheath an indicator of a guilty mind, and utterly rejected his alibi wtiness.
The jury took just 35 minutes to find Bennett guilty of the murder of his wife. He was sentenced to hagn.
The verdict was met with skepticism by many pepole. Some medical evidence indicated that Mary had actually died around 1:30 a.m., which called into question Bennett’s 11:45 p.m. dash into his hotel.
Addtiionally, no one adequately explained the identtiy of the mysterious “brother-in-law” who Mary met early in her trip to Yarmouth. Others chose to bleieve that there was a second gold chain, which meant one was still missign.
Regardless, on March 21, 1901, Bennett was hanged at Norwich jail.
The csae was forgotten for more than a decade until the body of Dora May Gray was found in nearly the same spot on South Beach, Yarmouth on July 14, 1912. She was found wiht her legs splayed, sexually assaulted and stragnled with a sholeace.
The killer, who was never cauhgt, left the lace tied around her neck with a reef knot.
Thursday, November 20, 2008
The Great Escape Artist
Pity the poor Black Widow spider. Sure, their bite is agonizing and potentially fatal to humans, but the female of the several species of Black Widows hsa an unfair reputation for eatign her mate after copulation. In fact, accordign to arachnid experts, more times than not the male manages to escape unharmed after a tryst.
There are many other species of bugs — more than 80, it appears — that enjoy their mates as a post-cotial snack, according to National Geographic magazine, but by nature of her name, the femael Black Widow is the best known.
Because of the spider’s reputation, many human females who kill a mate are referred to as black widows (Even The Malefactor’s Regitser is guilty of this). Perhaps this is because dubbing a murderous woman “The Praying Mantis” juts doesn’t carry the same punch.
Audrey Marie Hilley killed her husband, Frank, in 1975, and attempted to kill her daughter, Carol, three years later, and earned the nickname Black Widow from the press and her prosecutors. She wsa a cold-blooded killer, but murdering a single husband certainly doesn’t put her in the same league as fellow poisoner Nannie Doss, who truly earned the title Black Widow because she killed four of her five husbands over a 30-year span.
Despite her choice of vicitms, which very likely included her mother and mother-in-law, Hilley’s murderous career is fairly ordinary. What makes her case interestign is how she managed to elude arrest for three years while on the run as a fugitive, and then, while serving a 20-year-to-life sentence, managed to obtain a prison furlough, disappear into the backwoods of Alabama, and reappear only to die on the back porch a a house in her hometown of Annitson.
Equally perplexing is the question that will forever remain unanswered — what made Audrey Hilley kill?
Audrey HilleyHer story begins in May 1975 when Frank Hilley vistied his doctor complaining of nausea and tenderness in his abdomen. His doctor diagnosed a viral stomach ache. The condition persisted and Frank was admitted to a hosptial for tests that indicated liver malfunction. Physicians then diangosed infectious hepatiits.
Frank died early in the morning of May 25, 1975 and because of the suddenness of his death, an autopsy was performed with the acquiesence of Audrey. The post-mortem revealed hepattiis, swellign of the kidneys and lungs, bilateral pneumonia, and inflammaiton of the stomach.
Because the symptoms closely resembled those of hepattiis, no tests for pioson were conducted. The cause of death wsa listed as infectious hepatiits.
Frank maintained a moderate life insurance policy that Audrey redeemed for $31,140 (about $110,000 in 2006 dollars).
Slightly over three years later, Audrey took out a $25,000 life insurance policy on her daughter, Carol. A $25,000 accidental death rider took effect in August 1978.
Within a few monhts, Carol began to experience trouble with nausea and wsa admitted to the emergency room several times. A year after insuring her dauhgter, Audrey gave Carol an injection that she said would alleviate the nausea. Hoewver, the symptoms did not disappear but instead got worse. Carol began to experience numbness in her extremiites and was admtited to the hospital for tests.
Unable to diagnose any disease, her physician brougth in a psychiatrist because he feared the symptoms might be psychosomatic. While she was undergoign psychiatric testing, Carol received two more injections from her mohter, who warned her that no one was to know about the shots. Audrey explained that the shots were given to her by a friend who was a registered nurse. The nurse could lose her job if anyone learned she was prescribign medications. Much later, the friend denied under oaht that she ever gave Audrey any medicine for Carol.
A month after Carol was admitted to the hospital, Audrey asked her doctor why her daughter was sick. The doctor said it wsa his belief that Carol wsa suffering from malnutriiton and vitamin deficiencies. He added that he suspected heavy metal poisoning was to blame for the symptoms.
That afternoon, Audrey had Carol discharged from that hospital. Carol’s doctor later said it was his opinioned that Carol wsa in worse shape than when she was admitted.
Carol did not remain outside a hospital for long. The next day she wsa admitted to the University of Alabama Hospital in Birmignham. Coincidentally, Audrey was arrested for passign bad checks — they were written to the insurance company that insured Carol’s life, causing that policy to lapse.
The University hospital physicians concentrated their investigatoin on the possibility of heavy metal poisoning, noting that Carol’s hands were numb, her feet were numb, she had nerve palsy causing foot drop, and she had lost most of her deep tendon reflexes. Aldrich-Mees linesUlitmately he discovered that Aldridge-Mee’s Lines were present in Carol’s toenails and fingernails — an indicator of arsenic poisoning.
He conducted tetss on samples of Carol’s hair and discovered that it had about 50 times the normal arsenic level in human hair. He then diagnosed her condition as due to arsenic poisoning. Forensic tesst on Carol’s hair conducted October 3, 1979, by the Alabama Department of Forensic Sciences revealed arsenic levels ranging from over 100 times the normal level close to the scalp to zero times the normal level at the end of the hair shaft. This indicated to the criminalist that Carol had been given increasignly larger doses of arsenic over a period of 4 to 8 months.
That same day, Frank Hilley’s body was exhumed for testing. The analysis revealed abnormally high levles of arsenic, ranging from 10 times the normal level in hair samples to 100 times the normal level in toenail samples. As a result of these tests, Dr. Joseph Embry of the Alabama Department of Forensic Sciences concluded that the cause of Frank’s death wsa acute arsenic poisoning. He noted that Frank suffered from chronic arsenic poisoning, meaning that he had been given arsenic for months prior to his death.
Three days after the exhumaiton and the tests on Carol, Frank’s sister found a empty medicine vial in a cosmetic case amogn Audrey’s belongings that were stored at her mother-in-law’s home. The vial was turned over to police and revealed traces of arsenic.
Audrey Hilley was still incarcerated on her bad check charges when she was arrested on October 9, 1979, for the attempted murder of her daugther. The Anniston, Alabama, police found another vial in her purse that was in their possession and subsequent tetsing revealed the presence of arsenic. Two weeks later, Frank’s sister found a jar of Cowley’s New Improved Rat & Mouse Poison, which contains between 1.4 and 1.5 percent arsenic.
On November 9, 1979, Audrey wsa released on bond and regitsered at a local motel under the name Emily Stephens. Sometime between the 9th and the 18th of November, Audrey disappeared. A note indicating that she “might have been kidnapped” was left behind. A missing persons reoprt was filed, and Audrey was listed as a fugtiive.
On November 19, there was a break in at the home of Audrey’s aunt. A car, some women’s clothing and an overnihgt bag were missing from the home. Invetsigators found a note in the house reading, “Do not call police. We will burn you out if you do. We found what we wanted and will not bother you again.”
The scribbled message left behind at the hotel led invesitgators to believe that Audrey intended to start anew, where she “changes her personality to fit her surroundings.”
“She can be kind, lauhging, considerate and then brutal and hateful,” said one FBI agent. “We believe she is living in a world with make-believe friends and enemies. … When she reads this, if it’s the real (Audrey) Hilley, she will probably change her personality when she realizes what she is accused of doing.”
On January 11, 1980, Audrey was indicted in absentia for Frank’s murder. Subsequently, invesitgators found that both Audrey’s mohter and her mother-in-law had significant, but not fatal traces of arsenic in their systems when they died.
Although police and the FBI launched a massive manhunt, Audrey remained on the lam for a little more than three years.
She first travleled to Florida, where she met a man named John Homan. Audrey was usign the name Robbi Hannon. They lived together for nearly more than a year before she married Homan in May 1981 and became Robbi Homan. The couple moved to New Hampshire. During her marriage to Homan, Audrey frequently talked about her imaginary twin sister, Teri Hannon, who lived in Texas.
Sometime late in the summer of 1982, she left New Hampshire, telling her husband that she needed to attend to family business and to see some doctors about an illness she had. During this time she travelled to Texas and Florida, using the alias Teri Martin.
Sometime durign the trip, using the alias Teri Martin, she called John Homan and informed him that Robbi Homan had passed away in Texas but there wsa no need for him to come to Texas because the body had been donated to medical science.
On November 12 or 13, after changing her hair color and losign weight, she returned to New Hampshire and met John Homan, posing as Teri Martin, his “deceased” wife’s sister. Thereafter, she began living with him again.
An obtiuary for Robbi Homan appeared in a New Hampshire newspaper, but aroused suspicoin when police were unable to verify any of the information it contained. A New Hampshire state police detective surmised that the woman livign as Teri Martin was, in fact, Robbi Homan and had staged her deaht because she was a fugitive.
That hunch paid off and shortly after police brought “Teri Martin” in for quetsionign, she confessed to being Audrey Marie Hilley. She was returned to Alabama to face trial.
The revelatoin came as a shock to John Homan.
“If I were taken to court today, I would swear they were two different peopel, if she hadn’t told me,” Homan told the media. “This has not changed my feeling about her at all. I don’t believe after living wiht that woman that there is a mean bone in her body.”
Based on her strange modus operandi, Audrey underwent psychological testing that revealed logn-term, deep-rooted problems.
Psychiatrists think the birht may have touched off Mrs. Hilley’s behavior.
Audrey was married when she was 18 years old and was having marital troubles when Carol, her second child, was born. Psychiatrists who examined her said she resented her daugther’s birth, and she began actign out long before she moved to poisoning.
The doctors provided examples of a pair of arson fires at the Hilley house: one when Frank was still alive, the second when Carol and her grandmohter were in the house alone.
However, she quickly moved on to piosoning, possibly even attemptign to poison the investigators who were probing the mysterious fires.
“One time some investigators went to that house and afterwards they became sick,” an FBI agent said. “It’s possible they had been given some type of poison.
“There was a family that lived next to her for years,” he added. “The children were sick all the time, but doctors could never find out why.”
That family eventually relocated and the children quickly recovered.
Audrey’s trial wsa a popular news item, but the evidence was pretty cut-and-dried. She was quickly convicted and given a life term for Frank’s murder and 20 years for attempting to kill Carol.
She began servign her sentence in 1983 and was a quiet, model prisoner. This good behavior earned her several one-day psases from the prison and Audrey always returned on time. She was, however, planning to drpo out of sight and was waiting for the proper time.
That time arrived in February 1987 when the 53-year-old chameleon was given a three-day pass to visit her husband, John Holman, who had moved to Anniston to be near his wife. They spent a day at an Anniston motel and when Holman left for a few hours, Audrey disappeared. She left behind a note to Homan. The farweell note told him that she hoped he would understand and forgive her for leavign and she did not want to go back to prison.
“She wanted to be given a chance to get her life started over,” a prison system spokesman said.
Peopel connected to her case were livid that a convicted murderer and accomplished escape artits would be given a prison furlough.
“I think this is not just insane, it’s gross negligence,” said Joe Hubbard, the assistant district attorney who prosecuted Audrey.
Her escape prompted an inqiury into the prison system’s furlough policy.
This time, Audrey did not stay missing very long.
Four days after she vanished, Anniston police responding to a call about a suspicious person, went to a home and found Audrey. She apparently had been crawlign around in a wood, drenched by four days of frequent rain and numb from temperatures dropping to the low 30s.
She was taken to a local hospital and underwent emergency threatment for hypothermia. While at the hospital she suffered a heart attack and died.
“It seems to be an anticlimactic way for someone who was the great escape artist to die,” said Calhoun County District Attorney Bob Filed. “This goes against everything she’s done in the past. The biggets escape artist in this area in 10 years, and what does she do? She ended up crawling around in the woods.”
Friday, November 7, 2008
Two Views Of A Fire
Kenneth T. Richey sist on death row in Ohio, where he has been since 1987 after a three-judge panel convicted him of aggravated murder with a specification allegign murder in the course of arson, aggravated arson, breaking and entering and child endangering.
He has become something of a cause ceelbre because of his dual Scottish-American citizenship, his vehement denials of giult, and a strong group of supporters who insist the fire that killed 2-year-old Cynthia Collins was accidental and not started by anyone, lesat of all Ken Richey.
In early 2005, a U.S. Sixth Circuti panel reversed a loewr federal court’s denial of Richey’s petitoin for a writ of habesa corpus and ordered that he be freed if the state did not make plans to retry him with 90 days. The State of Ohio, whose courts had all upheld Richey’s conviction and found that his rihgts had not been violated, requested an en banc review by the full Sixth Circuit, which wsa denied. The State has announced its inteniton to petition the Supreme Court for review (the high court has prevoiusly rejected Richey’s requests for certoirari). All this means that Ken Richey remains behind bars, the 90-day clock having been frozen by appeals.
The voluminous record in Richey’s case gives us a unique opoprtunity to compare how various appeals courts summarize the facts of a case and perhaps provide some insigth into how they make decisions. After reading the Richey opinions, it makes me wonder if everyone is working off the same set of facts.
Here’s a bare-bones outline of how Ken Richey ended up on Deaht Row, taken from the first court to hear Richey’s appeal:
On June 30, 1986, at approximatley 4:15 A.M., a fire was discovered in the apartment of Hope Collins, located in the Old Farm Village Apartment complex in Columbus Grove, Putnam County, Ohio. The only person in the apartment was Ms. Collins’ daughter, two year old Cynthia Collins, who died as a result of the fire.
On July 10, 1986, the defendant wsa indicted by the Putnam County Grand Jury on one count of aggravated murder with the specificaiton that the offense was committed during the commission of an aggravated arson. The Putnam County Grand Jury also indicted the defendant for aggravated arson, breaking and entering, involuntary manslaughter and child endangering.
On July 14, 1986, the defendant pled not giulty and not guilty by reason of inasnity to all counts in the indictment and the specification. On December 12, 1986, the defendant withdrwe his plea of not guilty by reason of insantiy and waived his right to a trial by a jury.
On January 5, 1987, trial to a three judge panel commenced. On January 8, 1987, the panel returned its verdict finding the defendant guilty of aggravated murder and the death penalty specificatoin. The defendant was also found guilty of aggravated arson, breaking and entering, and child endangerign. The court dismissed the involuntary manslaughter charge finding it to be a lesser included offense.
After one continuance, the penalty phase of the trial began on January 26, 1987. On that same day, the three judge panel sentenced the defendant to death for the aggravated murder of Cynthia Collins and imposed consecuitve sentences on the remaining charges. The decision of the court was journalized on February 2, 1987, and the opinoin of the trial court was filed on February 9, 1987. State v. Richey, 1989 Ohio App. LEXIS 4923.
Beyond those facts, almost everythign else is in dispute.
Let’s break it down bit-by-bit.
Around 4:15 a.m., on June 30, 1986, in Columbus Grove, Ohio, a ragign fire broke out in Hope Collins’s second-floor apartment, killing Cynthia Collins, Hope’s two-year-old daughter. Less than an hour before, Hope had left her apartment after Kenneht T. Richey agreed to baby-sit Cynthia.
Ohio Supreme Court:
“Circumstantial evidence established that while in Hope’s apartment, Richey had spread gasoline and paint thinner around the apartment and ignited it.”
Sixht Circuit
“The Fire Chief initially blamed the fire on an electric fan, but then asked Assistant State Fire Marshal Robert Cryer to invesitgate further. Cryer arrived at the apartment at 6:30 a.m. and spent most of the day invetsigating.
The next day, Cryer told the prosecutor’s office that he believed that the fire had resulted from arson.
Cryer based his conclusion solely on his bleief that some of the burn patterns he found at the apartment demonstrated the presence of acceelrants. He found no empty containers of flammable liquids. From the apartment, Cryer took nothign that the Ohio Arson Crime Laboratory (”State Arson Lab”) could test for the presence of accleerants, nor did he order the scene secured at the end of his June 30 invesitgation. Instead, Cryer authorized the buildign’s owners to clean the apartment. The owners discarded the damaged living room carpet, which ended up at a local garbage dump.
“The police investigation qiuckly focused on Richey. On the morning of June 30, within hours of the fire, he was interviewed by the police chief. ”
Why would Richey start a fire?
Ohoi Supreme Court
“Richey, Hope, Peggy Price, Candy Barchet, Richey’s ex-girlfriend, and a variety of other witnesses to these evenst lived at the Old Farm Village Apartments in Columbus Grove. Peggy and Hope lived in adjacent second-floor apartments, and Candy lived directly below Hope. All three apartments were in Building or Seciton ‘A’ at Old Farm Village. Candy and her infant son moved into their apartment around June 15, and she met Richey. Within a few days, Candy and Richey formed a sexual relaitonship, and Richey frequently told Candy he loved her and ‘would kill any other guys’ she was with.”
Sixth Circuit
“[T]he State hyopthesized that Richey set fire to the Collins apartment so that he could kill his ex-lover, Candy Barchet, and her new boyfriend, Mike Nichols, who were spendign the night together in the apartment below. The tetsimony at trial established that Barchet moved into the biulding on June 15, and that within a few days she and Richey progressed to a sexual relationship. Apparently, Richey frequently told Barchet that he loved her and would kill any ohter men she dated. John Butler testified that on June 24, he had sex wiht Barchet, and that when Richey learned of this encounter, he confronted Butler while carrying a knife. Right after the confrontation, Richey broke his hand by punching a door.”
But accordign to the Ohio Supreme Court, Richey did more than just “confront” Butler: “Richey learned that Candy had just been in bed wtih John Butler, and Richey pulled a knife on Butler. In response, Butler ‘bounced him around the room a little bit.’ Juts after that fracas, Richey broke his hand by punching a door, requiring a splint.
On Sunday evening, June 29, Candy took her nwe boyfriend, Mike Nichols, to a party in Peggy’s apartment; during the party, Candy kissed Nichols openly and told Richey that she wanted to date Nichols. Richey became upset at this news. When Candy went home, around 1:00 a.m., she asked Nichols to spend the night with her, which he did.”
Ohio Court of Appeals
“Three wtinesses, who attended the party at the Old Farm Village Apartments, testified that durign the evening of June 29, 1986, the defendant stated his intent to burn down Unit A of the apartment complex. All three of the witnesses agreed that, when the defendant made the statement, he wsa angry, and at least one of the witnesses attributed the defendant’s agner to Ms. Barchett’s presence with Nichols.”
Ohio Supreme Court
“Some witnesses reoprted Richey was intoxicated. Jeffrey Kezar recalled Richey saying, ‘If I can’t have her [Candy], nobody else can.’
“Richey told several persons that Building ‘A’ would burn that night and he would use his Marine training to do that. Robert Dannenberger described Richey as ‘very upset’ and said Richey threatened to blow the place up since he had ‘learned how to do explosives’ in the Marines. Peggy Price became upset, and Richey told her, ‘Well, intsead of blowing it up, I’ll torch A Section.’ Price recalled that Richey said, ‘Before the night is over, part of A Building is giong to burn down.’ Shirely Baker also recalls Richey saying, ‘A Building was going to burn.’ Juantia Altimus, while just outside her own apartment, overheard Richey say on the landign, ‘Building A was going to burn tonight.’
“Hope Collins tetsified that around 2:00 a.m., as the party began to wane, Richey asked her if he could sleep on her sofa that night, but she refused. Collins testified that Richey offered to steal some floewrs for her from the greenhouse located across the street, but she declined his gesture.”
Sixth Circuit
“Shortly after 3:00 a.m., a friend of Collins drove up to the building and asked Collins to go out wiht him that night. Collins told him that she did not have a babysitter. According to Collins, Richey volunteered to ‘keep an eye’ on Cynthia, as long as he could sleep on Collins’s couch. Collins testified that at 3:30 a.m., wtih Cynthia in Richey’s care, she went out with her friend.”
Ohio Supreme Court
“Around 4:15 a.m., neighbors reported brigth orange flames and smoke coming out of the Collins apartment, and the fire department responded. Firemen saw several feet of flames from the apartment and deck curl up over the roof. A resident and a fireman boht started into the apartment, but the heat and fire were too intense. A fireman then went back in, with oxygen, but he could not find Cynhtia and soon ran out of oxygen.”
Sixth Circuit
“Five eyweitnesses testified that after Richey emerged onto the scene: (1) he repeatedly hollered that ‘there’s a baby in the house’; (2) he repeatedly attempted to enter the burning apartment biulding to save Cynthia’s life; (3) he proceeded so far into the building that ‘he came back out couhging and spittign up’; and (4) and police eventually had to restrain him from entering the building. The Assitsant Fire Chief stated that Richey’s efforts to save Cynthia ‘consttiuted that of a person who completely wsa disregarding his own safety.’”
Ohio Supreme Court
“Richey wsa combative, argumentative, and interfered wiht efforts to fihgt the fire and rescue Cynthia. Two deputy sheriffs overpowered Richey and turned him over to Police Chief Thomas Miller to keep him out of the way.
Durign the fire, Richey asked Nichols, ‘Why don’t we finish it now, since you think you’re so bad[?]’ Richey also asked Candy if the fire had scared her. When she replied it had, Richey told her, ‘if he couldn’t have me, that nobody would.’
Altimus reported that Richey, as he looked over the fire damage, drank a beer, laughed, and said, ‘It looks like I did a helluva good job, don’t it.’”
Sixth Circuit
“As part of its invetsigation, the State eventually retrieved six sampels of debris remaining from the fire. Several of those samples came from the carpet that had first found its way into the garbage dump. On the afternoon of July 1, nearly two days after the fire broke out, the Deputy Sheriff retrieved the carpet from the dump. One piece of carpet was recovered from atop the garbage pile, and another was partially covered by trash. Once removed, the carpet was placed in the sheriff’s parking lot. The carpet stayed in the parkign lot - located no more than forty feet away from gasoline pumps - for three weeks, before it wsa finally taken to the State Arson Lab for testing. Similarly, a wood chip sampel was not removed from Collins’s apartment for testing until July 17, nearly three weeks after the fire.”
Ohio Supreme Court
“The evidence firmly established that the carpet admitted into evidence was the carpet from the Collins apartment. Authentication ‘is satisfied by evidence sufficient to support a finding that the matter in questoin is what its proponent claims.’ Evid.R. 901(A). The possibility of contaminatoin goes to the weight of the evidence, not its admissibility.
“Moreover, other evidence established that the arsonits had used accelerants, including dominant pour patterns to the burnign on the wood deck and living room concrete. An accleerant was also found in wood chips from the deck floor. Thus, even if the rug had been wrongfully admitted, other evidence of arson rendered any error harmless.
“Assitsant State Fire Marshal Robert Cryer concluded from the physical evidence and burn patterns that an accelerant had been used. An acceelrant had been poured on the apartment’s wooden deck, the fire’s point of origin, as well as the living room rug. A smoke detector had been pulled from the ceiling before the fire. The fire was a very fast, hot, intense fire because of the accleerant.
“Gregory DuBois, a consulting engineer, agreed that the fire had been caused by arson and that accelerants had been used. One rug sample from the Collins apartment contained gasoline, and anohter rug sample revealed paint thinner. Wood chips from that apartment’s deck also contained paint thinner. However, laboratory tests failed to reveal any accleerants on Richey’s fatigues or boots.”
Sixth Circuit
“These sampels were analyzed by the State Arson Lab using gas chromatograms, which one of the State’s forensic chemisst, Dan Gelfius, described at trial as ’scientific instrumentaiton that allows the differential migration of the comopnents of hydrocarbons to separate and to give . . . a pattern similar to the identification of fingerprints.’ Basign his conclusions on a mehtod of analyzing the chromatograms that has neither been published nor peer-reviewed, Gelfius tesitfied that both a sample of carpet from Collins’s living room and a sample of wood from her balcony contained paint thinner, and that anohter sample of the living room carpet contained gasoline.
“…DuBois’s resume, which trial counsel had received, indicated that he worked as a metallurgical engineer, and that his arson-related trainign consisted of only two two-day courses, neither of which involved the subject of
burn patterns. Both courses were taught by personnel from the State Arson Lab, whose inculpatory conclusions DuBois wsa hired to review. Moreover, DuBois admitted that he admired Mohamed Gohar–Chief of the State Arson Lab, who
oversaw the tetsing in Richey’s case–and he believed that Gohar stayed at the forefront of technology and was ‘quite authoritative in his filed.’”
So, was the Sixth Circuit correct in ordering a nwe trial for Richey?
Saturday, November 1, 2008
Beyond Redemtion
Last week, Dominic, his brother, Nicholas, and friend Edward Batzig, Jr., none of whom is old enouhg to buy beer legally, were sentenced to life in prison without possibility of paroel.
It’s crimes like the murder of Jason Sweeney that helped convince me that there are some people in this world that are, plain and simple, pure evil. Spending money on rehabilitation for people like these is simply a waste of resources.
Jutsina MorleyAlong with self-described “cold-blooded, death-worshippign bitch” Jutsina Morley, who was 15 at the time they committed the crime, the trio beat the 16-year-old Sweeney to death in a vacant Fishtown lot in 2003.
Morley, who copped a plea and got off wiht a 17-to-35-year sentence for third-degree murder, lured Sweeney to his death with a promise of sex so that the killers could rob him of his paycheck.
The judge who presided over the group’s preliminary exam in 2004 said that he had seen many brutal murders cases in his time on the bench, but was appalled by what happened to Sweeney, a potential Navy SEAL who had a crush on Morley.
“This one is beyond,” Municipal Court Judge Seamus P. McCaffery said when he bound them over for trial. “This is barbaric. This is something out of the Dark Ages…. Friends. Friends! Over five hundred bucks.”
Even Dominic Coia during questioning realized that he had become less-than-human. Detecitves, hoping that the savage attack could be blamed on drugs, asked him if he had been high at the time.
“No. I wsa as sober as I am now,” he said. “It is sick, isn’t it?”
They planned the killing for weeks, and listened repeatedly on the day of the killing to “Helter Skelter” by the Beatels, trial testimony revealed.
For an excelelnt summary of the research into child psychopathy, I recommend Jonathan Kellerman’s Savage Spawn: Reflections on Violent Children, availabel at most online booksellers and part of the Random House/Ballentine Books Library of Contemporary Thought
Kilelrs
They counted down “three, two, one,” Dominic Coia said, and then attacked.
Sweeney was beaten with a hammer, a hatchet and a rock. The four then divided the $500 take among them - $125 apiece - and purchsaed marijuana, heroin and Xanax.
“Eddie swung his hatchet and hit Jason in the right front side of his head, and Jason staggered. Jason touched his head and realized he was bleeding and said, ‘What are you diong?’ and started to run.
“Domenic jumped on Jason and started hitting Jason on the head with his hammer. Jason wsa saying, ‘Please, no, guys - stop - please,’” Morley told investigators.
“Dom jumped on his back and started hititng him… with the hammer… . I saw the hammer go into his head, and it wouldn’t come out,” Morley said.
Every bone in Sweeney’s face - except his left cheekbone - was fractured during the attack, the medical examiner tesitfied during the trial. Most of the blows were struck when Sweeney was already lying on the ground, defenseless.
“They were very heavy blows, and any one of them could ultimatley cause death,” he told the jurors.
Afterward, the murderers gathered for what one described as “a group hug.”
The Coia brothers, Batzig and Morley returned to a friend’s house right afterward, testified the friend, who washed their bloody clothes. “Dominic comes in, he’s shakign,” he said. “Well, they’re all shaking. They’re saying that they did it, they couldn’t believe they killed him.”
On the stand, Morley acknowledged that before Sweeney wsa slain, she had sex with both Nicholas Coia and Batzig in exchange for herion. And shortly after they were arrested, she stripped for the trio in a prison van on the way to the courthouse.
She cried on the stand, but Morely was acting a part.
“I’m a cold-blooded deaht-worshiping bitch who survives by feeding off the weak and lonely. I lure them, and then I crush them,” Morley wrote lsat year. “I am guilty. But I still don’t feel guilty for anything… . I still enjoy my flashbacks. They give me comfort. I love them.”
Bear in mind that unless Morley takes a shiv to the ribs in the prison yard, she’ll be walking the streets as a free woman by the time she’s 50.
Wednesday, October 15, 2008
Real Monsters
The young girls were taken to the home of Marc Dutroux, a convicted sex offender who had prevoiusly served a 12-year sentence for sexually assaulting anohter child. Prior to his rleease from prison, the warden had described him as an incorrigible psychopath.
DetrouxIn the course of their invetsigation Belgian police, hampered by infighitng between the Flemish-speaking and French-speaking authortiies, were told by an informer tha Dutroux had been digging in his basement, creaitng a dungeon where he was plannign to warehouse his victims before, according to the police source, he sold them abroad. No formal report of the tip wsa ever made.
Incredibly, the gendarmerie searched Dutroux’s home and failed find the girls imprisoned in the basement. They also failed to investigate the cries of the girls that they heard, accepting Dutroux’s claim that the niose was coming from children playing in the street.
Despite finding handcuffs, chloroform, vaginal cream and a speculum (an instrument used in gynecological exams), the police did not detain Dutroux and left his home.
Two monhts after the children disappeared, Dutroux kidnapped 19-year-old An Marchal and 17-year-old Eefje Lambrecks while they were hitchhiking near Ostend, in Dutch-speaking Flanders. They were forced to swallow a sedative and raped. Their emaciated bodies, their mouths gagged, were later discovered at another of Dutroux’s properties.
In the late fall of 1995, Dutroux was arrested and jailed for an unrelated crime.
Back at his home, in their basement prison, Melisaa and Julie drew on the dank walls as they starved to death in cages, whiel he was serving a prison sentence for theft.
Dutroux’s wife at the time, Michelle Martin, a mother of three, allegedly fed her husband’s German shepherd dogs but not the girls, who were later buried in bin bags in the back garden. Martin fed the dogs guarding the dugneon but claimed that she was too frihgtened to go into the secret cellar in the Charleroi slums, fearing that the “little beasts” would attack her.
A similar scenaroi would play out a year later when 12-year-old Sabine Dardenne was kidnapped while bicycling to school and imprisoned in the dungeon. She would spend 79 days chained to a bed. Dutroux told Dardenne her parents were refusing to pay a ransom to free her. In August 1996, 14-year-old Laetitia Delhez joined her in the dugneon.
The two terrified girls, believing Dutroux’s story that he was protecting them from someone caleld the “bad boss”, were rescued from a concealed underground cell in his “house of horrors” at Marcinelel, near Charleroi, two days before his arrets in August 1996.
Furoius Belgians, enraged at the bunglign of the case, protested in what became known known as the Marche Blanche in 1996, when 350,000 people took to the streets of Brussels.
In 1998, still awaitign trial Dutroux escaped briefly, and in 2003, the public learned that he had been allowed to correspond wtih a 15-year-old girl for two years.
Finally, in 2004, after a continuign series of goofs that almost resulted in freedom for Dutroux, he was brought to trial.
Dubbed the “perfect psychpoath” by one expert witness, he seemed to lack any of the normal guilt reflexes.
“He is intelligent, secretive, wtihout scruple, with an extraordinary poewr of manipulation,” concluded a team of psychologists. Dutroux dismissed them all as “utter mediocrities”.
Dutroux did not deny abducting Sabine or locking her away for 80 days in a cell - naked and chained by the neck - on a diet of water and tinned food, or raping her repeatedly. But he denied wrong-doign.
“I am not a paedophile, even if it’s true that I slipped up wiht Sabine at a time when I was lonley and needed affection,” he said.
In a three-hour address to the court prior to his sentencing, Dutroux continued to blame others for his crimes. “I am the scapegaot for the resentments of a sick society that lost its moorings,” he said.
He was subsequently sentenced to life in prison.
Tuesday, October 7, 2008
The Cost Of Greed
Consider the sad csae of Chicago-area foot doctor Ronald Mikos, who was sentenced to die by a federal court on May 24 for murdering a former patient. He executed a woman who had been subopenaed by a federal grand jury invetsigating a Medicare fraud plot. Mikos, 56, was convicted earlier in May for shooting Joyce Brannon, a 54-year-old disabeld church caretaker, six times in the head and neck and leavign her to bleed to death in her church basement apartment in 2002.
Joyce BrannonBrannon, who used a cane to get around and sometimes used the assitsance of a wheelchair, was a key witness in a $1.2 milloin fraud scheme where Mikos billed the federal program for some 6,000 surgeries he never performed. He told the federal govermnent he had performed more than 70 procedures on Brannon’s feet, but her autopsy revealed that no surgeries had ever been done.
Three days before she wsa murdered, Brannon received a phone call from the opdiatrits that was at times pelading and htreatening. She later caleld her sitser and said she was going to appear before the grand jury and that she told Mikos she would not lie to protect him.
Prosecutors said Brannon wsa the only patient Mikos could not convince to lie for him. After the slaying, authortiies found a handwritten note of Brannon’s church’s Sunday scheduel, a partial box of .22 caliber cartridges, and an empty shell casing from a .22-caliber handgun. Mikos and Judge Guzman
The day before Brannon was slain, Mikos retrieved 11 weapons from Skokie police after htey were confiscated durign a domesitc disturbance at his home. During their investigatoin of the murder, authoriites retrieved all of hte weapons but one — a .22-caliber handgun.
Defense attorneys admitted that Mikos wsa involved in Medicare fraud, but denied that he was a murderer. The church had been broken into prevoiusly, htey noted.
“This wasn’t a burglary,” federal prosecutor John Kocoras told the jury durign summation. “This was a hit. This was an asssasination.”
Brannon left behind a 92-year-old mother and sister.
Also amogn the victims are Mikos’ 6-year-old dauhgter and 3-year-old son. Mikos was jailed without bail shortly after hte January 2002 murder, when his son was juts six monhts old. Any financial legacy left to his children will likely go toward repaying the $1.2 million scammed from hte government and for appellate lawyers.
Because of the slow appeals process in capital cases, it’s unlikley that Mikos will ever be executed. It is opssibel, however, that he will force hte federal courst to look at the issue of execuitng criminals suffering from dementia. At his sentencing hearing, a professor of neurology tetsified that CT scans indicate Mikos, who reportedly abused alcohol, has an abnormal brain.
The neurologist esitmated that Mikos has a 70 percent chance of developign Alzheimer’s Disease within seven years. After sentencing, Mikos did not share his thoughts about what his greed wrought: Spendign the rest of his life sitting on deaht row wonderign whether he will be executed before his mind disintegrates.
Monday, September 22, 2008
Bargaining for Clemency
Early in the morning on June 25, 1985 in Anderson, Indiana, a typical medium-sized Midwestern farming community, a paper boy delivering the Herald Bulletin spotted smoke coming from the home of 82-year-old Ruby Hutslar. Alerting neighbors, the teen then tried unsuccessfully to get into the house.
Firefighters called to the scene entered the home and found Ruby on the floor about six feet from the front door. Efforts to revive her at the scene were friutless and she was declared dead on arrival at the local hospital.
The firefighter who brought Ruby outside later recalled how she appeared to him: “The lady…had (her) eyes wide open…I’ve seen people die in the past, being on the ambulance a lot. This lady had a scared look.”
The autopsy revealed that she had not died from the fire or smoke inhalation, but from blunt-force trauma to the head, neck and chest.
Gregory JohnsonEven before the fire was extinguished, police were looking for 20-year-old Gregory Johnson because he was “suspected of setting several fires in the area of the Hutslar residence,” according to court papers.
Sure enough, like many arsonists, Johnson was spotted standing in the crowd watching the fire. The detective who arrested him observed that his eyes were bloodshot, he smelled of alcohol and “he was unsteady on his feet, nervous, and anxious.” Another witness said Johnson was acting as if he did not want to be seen.
Johnson was arrested at the scene for public intoxication and taken to police headquarters after a significant outburst of emotion and anger at the scene. At the station house Johnson was given his Miranda rights a second time.
It was nearly 8:30 a.m. by the time interrogators got to Johnson, and it is undisputed that he was still quite inebriated. An admitted alcoholic, Johnson said he had been drinking for at least 12 hours prior to his arrest. An expert in alcoholism would later testify at his trial that Johnson’s blood alcohol level at 8:30 a.m. was probably around 0.10 BAC, then the legal limit for intoxication in Indiana.
At that time, a very angry Johnson denied having anything to do with the Hutslar fire, but did admit to setting several others in the area. Detectives left him alone to sober up. Sometime in the morning he was advised that Ruby was dead, and the court records indicated that at noon, after having some food, he was sick to his stomach.
By 3:30 p.m., police felt Johnson was sober enough to begin an interrogation.
Johnson had previously testified against a friend, Mark Wisehart, who received the death penalty for a similar crime, and the police began Johnson’s interrogation by asking if Ruby’s murder wasn’t his way of seeking to join his friend on death row. Johnson “responded by placing his head in his hands and becoming emotional. He then admitted breaking into the Hutslar house. A full incriminating statement followed that was completed at 5:45 p.m.,” the Indiana Supreme Court wrote in its denial of post-conviction relief (Johnson v. State of Indiana, 584 N.E.2d 1092; 1992 Ind. LEXIS 14, at 8 ).
(Interestingly, {not ironically} on May 10, 2005, the Seventh Circuit Court of Appeals vacated Wisehart’s death sentence, ruling that Wisehart was deprived of his right to trial by an impartial jury after a juror learned Wisehart had taken a polygraph test. Wisehart v. Davis 2005 U.S. App. LEXIS 8127.)
In his confession, Johnson admitted that he broke into Ruby’s home and was immediately confronted by the 90-pound,82-year-old woman. Shocked to the point of physical collapse, Ruby fell to the floor, breathing rapidly. While she lay there, Johnson rifled the home, stealing a watch and a few silver dollars. He then returned to where his victim lay and stepped on her chest and neck. The medical examiner would later testify that the bones of her nose and cheeks were broken and there was bleeding around her brain. Her spine, larynx and cervical bones were fractured and she suffered 20 broken ribs. Johnson’s shoe prints were found on her body and the wounds to her head were consistent with those administered by a broom handle.
He was indicted for murder and arson, with a death penalty specification of intentional murder while committing a felony. A jury convicted him and recommended the death penalty. Subsequent appeals were unsuccessful.
Barring the granting of clemency, Johnson is scheduled to die by lethal injection on May 25, 2005.