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Thursday, May 25, 2017

Excited Delirium Syndrome: The Taser-Proof Man

     In the McGuinness Book of World Records there seems to be a record for just about everything. But there is no mention of the man police used their Taser guns on 71 times within a span of thirty minutes. This had to be a world record in the category of repeatedly shocking someone who didn't die from it. The man who holds this unofficial record will simply be referred to as Bob.

     Bob, a 25-year-old veteran of the Afghanistan War who suffered from post traumatic stress disorder, after being allegedly disowned by his family in Phoenix, moved in with a relative in Flagstaff, Arizona. One evening in July 2010, after taking PCP and bath salts, Bob entered a Cheveron gas station and store on Highway 89 in Doney Park just north of Flagstaff. Barefoot, Bob wandered about the place leaving muddy footprints, then approached the cashier and asked to be reported to the police.

     When Arizona Department of Public Safety (DPS) Officer Brian Barnes arrived at the Cheveron station, he encountered Bob in the parking lot in front of the store. As the officer approached the suspect, Bob ran toward the entrance of the station with the officer in close pursuit. When Bob slammed into the closed door, he bounced back into the officer, and they both fell to the ground. Bob jumped up, this time opened the door, and ran inside. After shooting Bob with his Taser gun, Officer Barnes and a bystander managed to handcuff the out-of-control man. His hands, however, were not restrained behind his back.

     Bob settled down a bit, but the moment Coronino County Deputy Sheriff Don Bartlett arrived, Bob started acting up. To hold him down, the 260 pound deputy sat on his legs, but when that didn't stop the violent thrashing and kicking, Deputy Barnes gave Bob a taste of his Taser. When that didn't help, he zapped him two more times.

     As the DPS Officer and the deputy struggled with the drug-crazed man in the Cheveron station, EMT and firefighters arrived at the scene, followed by Sheriff's Office Sergeant Gerrit Boeck. During the next thirty minutes, Deputy Bartlett used his Taser twenty more times on Bob with Officer Barnes helping out electronically. While shocking the hell out of the suspect, he kept resisting, and this shocked the hell out of the officers.

     Finally, the three police officers, with the help of several firefighters, strapped the handcuffed madman onto a gurney, but as they slid him into the ambulance, Bob managed to grab Deputy Bartlett's belt. Sergeant Boeck, thinking that Bob was trying to get ahold of the deputy's gun, started punching him in the arm. It took several officers to pry Bob's fingers from the Deputy's belt.

     Once they got Bob into the ambulance, a paramedic injected him with a tranquilizer used to control animals. The drugs kicked in and Bob settled down.

     At the Flagstaff Medical Center, a doctor diagnosed Bob as being in a state of excited delirium that gave him superhuman strength and rendered him impervious to pain. After a few days hospital personnel discharged Bob. The authorities decided not to charge him with resisting arrest, assaulting a police officer, or disorderly conduct. (The county prosecutor was probably concerned with the Taser overuse, and decided to let a sleeping dog lie.)

     Regarding the issue of excessive force, the DPS referred the case to the county attorney's office for investigation. That Bob survived all that electricity, especially when in a state of excited delirium, is miraculous. Had he died, the medical examiner would probably have listed the cause of his death, excited delirium syndrome.

     These officers were presented with an extremely difficult situation and when their Taser guns didn't work ran out of good options. Sometimes the police encounter situations they are not equipped to handle. When it became obvious that their Tasters weren't working, the officers should have stopped using them.

     The officers were cleared by the district attorney's office of any wrongdoing in the case.

A Writer's Vocabulary

A huge vocabulary is not always an advantage. Simple language, for some kinds of fiction at least, can be more effective than complex language which can lead to stiltedness or suggest dishonesty or faulty education.

John Gardner, The Art of Fiction, 1984

How Some Serial Killers Are Caught

     The identification of a serial murderer frequently occurs through happenstance or a fluke in which a seemingly unrelated criminal event. A serial murderer may be apprehended for driving a stolen vehicle, and very quickly the police learn they are dealing with a much more violent crime, as was the case when Ted Bundy was pursued in a stolen car in Pensacola, Florida. Following his arrest, the Pensacola police soon learned that they had more than a car thief in their jail.

     [Another example] of routine police work and an unrelated crime leading to the arrest of a serial murderer and a serial murder investigation occurred on June 28, 1993, in Long Island, New York. In the early morning hours two state troopers spotted a tan 1984 Mazda pickup with no license plates driving on the Southern State Parkway. The driver refused to pull over and the officers pursued the pickup. The chase ended 25 minutes later when the Mazda slammed into a utility pole. The driver was unhurt and was arrested. Following the arrest, the officers noticed a very strong smell coming from the bed of the truck where the officers found the badly decomposed body of Tiffany Bresciani, a 22-year-old woman from Manhattan. The driver, Joel Rifkin, would within hours confess to the killing of 16 other women.

Steven A. Egger, The Killers Among Us, 1998


The Lure of Detective Fiction

The resilience of detective fiction, and particularly the fact that so many distinguished and powerful people are apparently under its spell, has puzzled both its admirers and its detractors and spawned a number of notable critical studies which attempt to explain this puzzling phenomenon. In "The Guilty Vicarage," W. H. Auden wrote that his reading of detective stories was an addiction, the symptoms being the intensity of his craving, the specificity of the story, which, for him, had to be set in rural England, and last, its immediacy. He forgot the story as soon as he had finished the book and had no wish to read it again. Should he begin a detective story and then discover it was one he had already read, he was unable to continue. In all this the distinguished poet differed from me and, I suspect, from many other lovers of the genre. I enjoy rereading my favorite mysteries although I know full well how the book will end, and although I can understand the attraction of a rural setting, I am frequently happy to venture with my favorite detectives onto unfamiliar territory.

P. D. James, Talking About Detective Fiction, 2009

Bank Robbery as a Hanging Offense

In Western communities lynchings were the preeminent social event, especially if the bank robber was well known. A local holdup man, or a stranger who had received enough publicity, could and did draw a crowd. Vendors sold popcorn, flags, peanuts, and cold drinks, giving the event a carnival atmosphere. Many small towns didn't have a court system, so there were a lot of impromptu executions. For towns that did have a sitting judge these hangings could be advertised a week or two in advance in order to give people a chance to attend. Hangings were a big boost to the local economy and a good chance for neighbors to get together. Of course, more than a few hasty hangings were not done in a professional manner, and many a bad guy slowly strangled to death with a sizable audience to witness his dilemma. [dilemma?]

L. R. Kirchner, Robbing Banks, 2003

Wednesday, May 24, 2017

The Eye-Drop Poison Case

     Dr. Harry Johnston, since June 2009, had been treating Thurman Nesbitt for a mysterious illness. The 45-year-old patient, a resident of McConnellsburg in central Pennsylvania, suffered from nausea, low blood pressure, and breathing difficulties. Dr. Johnston, suspecting that his patient was being poisoned, had his blood analyzed. On July 27, 2012, the serology tests revealed the presence of tetrahydrozolin, a chemical found in over-the-counter eye-drops.

     On August 10, 2012, troopers with the Pennsylvania State Police arrested Nesbitt's girlfriend, Vickie Jo Mills. The 33-year-old McConnellsburg woman, on probation for forgery, admitted putting Visine drops into her boyfriend's drinking water. Mills told her interrogators that she had been making Nesbitt sick since June 2009. She said it had never been her intention to poison her boyfriend to death. To the obvious question of why she had done this, Mills explained that she had made Nesbitt sick in an effort to get him to pay more attention to her.

     Most women who use illness to attract attention make themselves sick pursuant to a syndrome called Munchausen. In Munchausen Syndrome by Proxy, these women make their children sick. It's not clear why Mills thought poisoning her boyfriend would improve their relationship.

     The Fulton County prosecutor charged Vickie Jo Mills with ten counts of aggravated assault which carried a combined maximum sentence of 240 years in prison and a $300,000 fine. Shortly after her arrest, the authorities released Mills on a $75,000 surety bond.

     On October 16, 2002, the district attorney dropped nine of the ten counts in return for the defendant's guilty plea. A Fulton County judge, on February 14, 2013, sentenced Mills to two to four years in prison.

     It's odd that something you can put into your eyes will make you sick if you put it into your stomach. This is the first poisoning case that I'm aware of that involved eye-drops. 

The College Student From Hell

     In 2009, Megan Thode, a graduate student at Lehigh University in Bethlehem, Pennsylvania, looked forward to earning her master's degree in counseling and human services. To acquire the degree which she would need to qualify for a state counseling license, Thode had to earn at least a B grade in her fieldwork class taught by Professor Amanda Eckhardt. Professor Eckhardt, however, upset the applecart when she issued Thode a C-plus. That's when all hell broke out at Lehigh University. (In academia, this is what passes for major conflict.)

     While colleges and universities have established procedures for student grade appeals, unless a disgruntled student can prove that the professor made an error in calculating the grade, the student doesn't have a chance. (Some students, notwithstanding these policies, get their grades changed by becoming such pains-in-the-neck they wear their professors down. In our sob-story culture everyone has a gut-wrenching tale of woe. Kids who brown-nosed their way through high school are the best at this. Most professors, however, will fight to the death over a contested grade.) Megan Thode and her father, a Lehigh professor, met with Professor Eckhardt who explained that the C-plus was based on the fact Thode's score for the class participation phase of the course was a zero out of a possible twenty-five. Ouch. The goose-egg bumped her down a full letter grade. (In the old days, parents of college kids didn't get involved in their academic affairs. Back then, college-aged people were supposed to be entering adulthood.)

     When Professor Eckhardt said she would not change Thode's fieldwork grade, the frustrated student filed an internal grievance against her. Thode not only demanded that her grade be changed to a B, she expected the professor to apologize to her in writing for the C-plus, and to compensate her for the adverse financial consequences of being an unlicensed counselor. Thode did not get her grade bumped up, there was no apology, and no compensation. Having exhausted her in-house administrative remedies, Thode got herself a lawyer. (This is also new. In the past, bringing a lawyer into a situation like this was unheard of. Back then, lawyers had better things to do.)

     Through her attorney, Richard J. Orloski, Megan Thode filed a $1.3 million lawsuit against Lehigh University and Professor Eckhardt in which the plaintiff alleged breach of contract and sexual discrimination. (Exactly what contract the school and professor violated is unclear.) As to the sexual discrimination charge, Thode claimed that she had been punished by her professor because she, Thode, was a strong supporter of gay and lesbian rights. (It would be almost impossible to find a college professor anywhere who didn't strongly support gay and lesbian rights. If Thode had supported free speech and gun rights, the lawyer may have had a case.)

     Thode's suit came to trial in February 2013 before Northhampton County Judge Emil Giordano. The plaintiff's attorney, in addressing the bench, said that as a result of the defendant professor's low grade, his client had "literally lost a career." (Counseling is now a "career"? Good heavens.)

     Neil Hamburg, the attorney representing Professor Eckhardt and Lehigh University, in making the case that this lawsuit was absurd, said, "I think if your honor changed the grade, you'd be the first court in the history of jurisprudence to change an academic grade"

     Judge Giordano indicated his agreement with the defendant's attorney when he said, "I've practiced law for longer than I'd like to admit and I've never seen anything like this."

     Attorney Hamburg, in defending Professor Eckhardt's evaluation of the plaintiff's academic performance, acknowledged that on paper Thode had been an excellent student. But regarding her classroom participation, Hamburg said that the student "showed unprofessional behavior that included swearing in class, and, on one occasion, having an outburst in which she began crying. She has to get through the program," the attorney said. "She has to meet the academic standards."

     Since there is nothing in the professor-student relationship that guarantees the student a good grade, or even a passing grade, there was no breach of contract in this case. And without solid proof of the defendant's sexual discrimination based on a dislike of people who supported gay and lesbian rights, the suit fails on that rationale as well.

     If the plaintiff prevailed in her case, it would create an employment boom in the legal profession, at least until college grades became a thing of the past. In time, students would be able to acquire their degrees without any proof they had learned anything. Eventually, there would be no need for classrooms or campuses. This would lower the cost of a college education. Career fast-food servers would all have Ph.Ds. Students could simply buy diplomas online, and colleges professors across the nation would lose their ivory tower jobs and end up flipping burgers with everyone else.

     On February 14, 2013, Judge Giordano ruled in favor of Professor Eckhardt and Lehigh University. He wrote: "Plaintiff has failed to establish that the university based the awarded grade of a C-plus on anything other than purely academic reasons. With this decision, Judge Giordano dealt a blow to the legal profession, but saved higher education. 

Literary Jerks

An ordinary, nonliterary jerk is a person with an off-putting personality who nobody likes. While the term "jerk" is not included in the jargon of psychology, we all know what it means. Miserable jerks are even worse, and populate every profession. In the literary world, miserable jerks are often well-educated novelists whose literary ambitions far exceed their talents. Miserable jerks often end up as unpublished college professors teaching aspiring novelists how to write. Again, if I may use the vernacular, a flaming jerk is an egotistical, mildly talented novelist who writes a bestseller that miserable jerks hate. While writing bad reviews of this flaming jerk's novel, they take to their writing desks to imitate his literary style. It's all pretty sad.

Thornton P. Knowles, The Psychology of Writing, 1976 

Kurt Vonnegut on Literary Critics

As for literary criticism in general: I have long felt that any reviewer who expresses rage and loathing for a novel or play or a poem is preposterous. He or she is like a person who has put on full armor and attacked a hot fudge sundae or a banana split.

Kurt Vonnegut, Palm Sunday, 1981 

Tuesday, May 23, 2017

Bombers On Welfare: A New Form of State-Sponsored Terrorism

     Americans who grew up in the 1950s were programed to respect and obey the law, work hard, and raise their own children without state interference. They also paid their taxes. Today, I image that most people of this generation remain true to these values. I've been fortunate to have lived in this country my entire life. I earned a wage for forty years, paid my taxes, have never been to jail, and helped raise a family. I don't like paying taxes which I believe are too high, but I pay them anyway because that's part of the social contract that binds us as a nation. It's also against the law to cheat the government.

     Citizens of my generation were taught to play by the rules. You don't drive unless you have a valid driver's license, an updated inspection sticker, and car insurance. I consider being pulled over for speeding and not being able to produce my driver's license because I left it at home a big problem. I would come away from that experience feeling like a criminal. I still view shoplifting, bad check passing, and illegal drug possession as crimes of moral turpitude. Growing up, I don't think I met anyone who had been in jail. In the past, cops were treated with respect even if they didn't deserve it.

     Today, when I go to the doctor's office, if I don't have my social security data and my insurance papers, the doctor won't see me. There are no excuses. When I go to vote, I expect to be asked to produce a driver's license or some other form of identification. That requirement doesn't offend me because it makes sense. You are only allowed to vote once, and you have to be a U. S. citizen.

     Years ago, the U. S. government lent me money to go to college. I paid it back. The idea of not paying it back never entered my mind. In my day, people who didn't pay their bills were considered deadbeats. The vast majority of citizens who were on welfare back then were on the dole temporarily because they were ashamed and embarrassed by having to rely on the government. Welfare was not a way of life. People didn't feel entitled to a free lunch.

     In the wake of the Boston Marathon Bombings, the terrorists' mother was on television criticizing the United States government for framing and not protecting her two sons. She and her husband had lived in this country ten years. They left the county but their boys stayed here. While the family lived in Massachusetts they were on state welfare. The boys had free rides in college, and while they were plotting to kill Americans, were living off welfare checks.

     Since the bombings, a Massachusetts state legislator has been on TV revealing how easy it is in that state to get on welfare. All a resident has to do is ask for the money. Social security numbers are not required. In other words, bureaucrats in Massachusetts have no idea who they are giving taxpayer money to. As it turned out, they were giving it to a pair of terrorists who set off two bombs at the Boston Marathon.

    One would have to conclude that the people of Massachusetts are either very wealthy or not very bright. As a U. S. citizen who pays his taxes and obeys the law, I can't see my doctor without my social security data. In Massachusetts, suspected terrorists go to college free, and live on the dole. This gives new meaning to the phrase state-sponsored terrorism.