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Monday, December 18, 2017

Pedophile Teachers in California

     On January 30, 2012, Los Angeles County sheriff's deputies arrested 61-year-old elementary teacher Mark Berndt on 23 counts of lewd acts against minors. The third grade teacher at the Miramonte Elementary School in Florence Firestone, an unincorporated community in Los Angeles County, stood accused of photographing 6 to 10-year olds in bondage positions, some with live bugs crawling on their faces. A few of the girls were shown holding spoons containing a white liquid up to their mouths. Children were also pictured about to eat cookies topped with the teacher's semen.

     Because of the influence of the California Teachers Association (CTA) and other education unions in the state, school administrators couldn't fire anyone, including teachers like Mark Berndt. In the Miramonte school, because parents were so outraged, and held protests, school administrators managed to get Berndt out of the classroom by paying him $40,000 to retire. That's how bad it was in the Golden State where it was truly golden for pedophiles working in the state's education system. (You can see why in California the firing of a merely incompetent teacher was unheard of. The unions simply did not allow the firing of crappy teachers. Teachers so rotten they managed to get dismissed from their jobs in other states could always find a home in the California system. The pay was outstanding, benefits were out of this world, and it didn't matter if the teacher was no good. And for pedophiles, California's classrooms were heaven on earth.)

     In 2012, in the wake of the Miramonte school scandal (Berndt wasn't the only pedophile working there), a group called Democrats for Educational Reform, introduced legislation in the state senate (S.B. 1530), that made it easier to dismiss teachers accused of sex, violence, or drug offenses against children. That bill, with vast public support, passed the Senate on a 33-4 bipartisan vote.

     In the California Assembly, when the Senate-passed legislation came before the Assembly Education Committee, committee members, by refusing to vote on the bill, killed the proposed law in committee. (These politicians didn't have the courage to vote "no.") That meant the bill did not reach the Assembly floor for a vote. If it had, it would have passed by a wide majority.)

     The committee members who killed this child protection legislation had bowed to the state's powerful teacher's unions, including the CTA. All of the state politicians who killed the bill through their abstentions, had been beneficiaries of large CTA political contributions. The fact that the CTA could stop legislation favored by a vast majority of California voters showed who was really running the show in that state. Democracy be damned. Moreover, the undermining of this needed legislation revealed what most citizens of the state already knew--that in California it was unions first, teachers second, and students, parents, and education third--and a bad third at that. It was no wonder the state had one of the worst public education systems in the country. For a sexually perverted school teacher, except perhaps for West Virginia, there was no friendlier place to work and abuse children than California.

     In California, the CTA, backed by an army of 325,000 teachers, and plenty of money to bribe and control state politicians, was in reality the fourth branch of government. As the biggest political spender in the state, its influence dwarfed other special interest groups. From 2000 through 2009, the CTA alone shelled out more than $211 million in political contributions and lobbying expenses. That was twice the amount given to politicians by the second largest bribery machine, the Service Employees International Union (SEIU). Since 2009, the CTA had pumped another $40 million into the state's political community. The union also played a major role in putting Governor Jerry Brown into office. So the teacher's unions owned him as well.)

     The fact that teacher's unions in California and other states were destroying the quality of public education in the country was bad enough. Even worse, they were enabling and protecting classroom child abusers. If school administrators couldn't protect students from the likes of Mark Berndt, California classrooms were not safe for children. This was as good a reason as any for home schooling or moving to a state where educating  students had a higher priority than protecting teachers from being fired for cause.

      As for Mark Berndt himself, he pleaded no contest in November 2013 to 23 counts of lewd acts on children. The judge sentenced him to 25 years in prison. A year later, the Los Angeles United School District agreed to pay out $170 million in court settlements related to the Berndt pedophilia case. The settlement involved more than a hundred students.

     If all the zookeepers in the state of California belonged to the CTA, the animals would be starving in their cages while their custodians sat around gorging themselves, complaining about their jobs, and threatening to strike.          

Was O. J. Simpson Innocent Of Double Murder?

     William C. Dear, the owner of a private investigation agency in Dallas, Texas, had over the years published a handful of nonfiction books featuring his adventures as a larger-than-life PI. A master of self-promotion in the mold of Allan Pinkerton, William Burns, and J. J. Arms (remember him?). Mr. Dear was in the news following the release of his 2012 book, O. J. Is Innocent and I Can Prove It. (A bold, if not artistic title.)

     As if exonerating one of America's most hated men is not enough, William Dear was accusing O. J.'s son Jason of the June 1994 murders of Nicole Brown Simpson and Ronald Goldman. When revisionist true crime writers exonerate celebrated criminals by incriminating others, they usually accuse dead people who can't sue them for libel. Jason Simpson, who was 24-years-old when the Los Angeles police arrested his father, was alive at the time of the accusation.

     In the other twentieth century "crime of the century," the state of New Jersey, on April 3, 1936, electrocuted Bruno Richard Hauptmann for the 1932 murder of 20-month-old Charles Lindbergh, Jr. In the 1980s and 90s, a half dozen hack true crime writers produced books that exonerated Hauptmann, and incriminated Charles Lindbergh, Al Capone, John F. Condon, Ellis Parker, and a host of others. At least three of these books make the case that the Lindbergh baby wasn't even murdered, that the authorities had misidentified the corpse (wearing the Lindbergh baby's clothing) found two miles from the Lindbergh estate. In reality, the evidence against Hauptmann had been substantial while the "proof" against the literary suspects turned out to be flimsy, and in many cases, bogus. Readers familiar with the history of the Lindbergh case, including several serious Lindbergh biographers, saw the revisionist books for what they were--fiction passed off as nonfiction. Nevertheless, these "Hauptmann is Innocent and I Can Prove It" books attracted a lot of attention, and drew more than a few dedicated followers.

     Unlike real investigative journalists, the authors of revisionist true crime books start with a theory and point of view, and ignore or try to explain away any facts that do not support, or conflict with, their thesis. In making the case against their suspects, true crime book revisionists frequently present negative evidence as either incriminating or exonerating. For example, in the Lindbergh case, Hauptmann must be innocent because the police didn't recover his latent fingerprints from the crime scene. In this genre of nonfiction crime writing, a revisionist's suspect can be guilty simply because he didn't have an alibi. That's how they do it. When you break these books down, there's nothing there but conjecture, speculation, wishful thinking, and the authors' beliefs. And quite often, evidence is presented that is simply fiction.

     True crime revisionists get away with their literary tricks because we live in an era where facts and knowledge get little respect, and there is no such thing as objective truth. Today, what one believes is true trumps what one knows is true. People who want criminals like Bruno Richard Hauptmann and O. J. Simpson to be innocent eagerly go along with the joke.

     For me, what's written (or not written) on the dust jacket of William Dear's book revealed it was not a work to be taken seriously. For example: "Once Dear established in his own mind that O. J. Simpson was innocent, he focused his attention on six possible suspects." I believe that Dear began with a single suspect, then cleared away the debris that conflicted with his case. If O. J. was in fact innocent, and his son was guilty, then the evidence against Jason Simpson should be much stronger, and more convincing than the evidence that was presented against his father. In my opinion, it was not. Here was William Dear's "startling new evidence that is certain to change everyone's perception of O. J.'s guilt:"

     In Jason's abandoned storage locker, Dear found a hunting knife. (This knife, however did not contain a mixture of Jason's and the victims' DNA or any other evidence to establish it as the murder weapon.)

     After the murders, Jason Simpson retained an attorney.

     Jason Simpson did not have an airtight alibi.

     Jason was depicted in a photograph wearing a knit cap similar to the one discovered at the crime scene. (If the crime scene hat contained hair follicles from Jason's head, and bore traces of the victims' blood, that could be incriminating. It didn't.)

     Two months before the murders, Jason Simpson allegedly assaulted his girlfriend. According to a criminal profiler, Jason's personality was more homicidal than his father's.

     According to William Dear, while O. J. was present at the crime scene, he did not commit the murders. (This was helpful because it explained away the physical evidence connecting O. J. to the victims.) According to Mr. Dear, O. J.'s only crime was that he took steps to cover-up the fact his son had killed Nicole Simpson and Ronald Goldman. So, why did Jason Simpson kill Nicole? He murdered her because she had decided, at the last moment, not to dine at the restaurant where he worked as a chef. This was, therefore, a double murder motivated by injured pride. Give me a break.

     In reality, William Dear's revisionist version of the O. J. Simpson case doesn't offer enough evidence to indict the proverbial ham sandwich. Patterson Smith, the antiquarian bookseller from New Jersey who knows more about the literature of true crime than anyone, wrote the following about this true crime revisionist genre:

     "Of all crime books published, those posing revisionist theories tend to attract the greatest media attention. They are 'news.' Far from merely adding to our knowledge of a past event or re-embellishing a tale previously grown stale in the retelling, they say to us, 'You've been wrong about this case.' And if someone is thought to have been unjustly convicted and executed, the news is all the stronger.

     "It has, after all, been observed that Americans have a greater sense of injustice than of justice. (Perhaps O. J.'s acquittal is an example of this.) When a revisionist account reaches reviewers, the arguments put forth by its author can seem extraordinarily compelling, for very often the book does not aim for balance but selects only those facts that support its divergent thesis.

     "Moreover--and this is very important--the reviewer of a book on crime written for the general public often has little or no background in the case which could help him weigh the author's novel contentions against countervailing evidence. The reviewer sees only one side of the story, and it usually looks good."

     I don't think O. J. Is Innocent and I Can Prove It contained nearly enough evidence to convince many readers that O. J. was innocent, and that his son was the guilty party. The evidence presented against Simpson in the 1997 wrongful death civil trial was overwhelming. If one had any doubts regarding who murdered Nicole Simpson and Ronald Goldman, reading Vincent Bugliosi's book, Outrage, would erase those doubts.  

Thornton P. Knowles On Writer's And The Imposter Syndrome

At what point in a writing career does an author go from impersonating a writer to actually feeling like one? In my case, I'm still waiting for that feeling.

Thornton P. Knowles

Sunday, December 17, 2017

Heath Kellogg and His Counterfeiting Ring

     In the old days, counterfeiters made funny money the hard way: they laboriously, and with great skill and craftsmanship, engraved metal, facsimile plates. The quality of their fake twenties and hundred-dollar bills depended upon the engraving detail, the color of the ink, and the softness, strength, and feel of the paper used to approximate the government's secret blend. In those days only a handful of forgers possessed the skill and equipment needed to counterfeit money. This made them easy to identify, and to catch. But with ink in their blood, these men, the minute they got out of prison, returned to their illicit trades. The most skillful counterfeiters were driven by the challenge to produce fake money indistinguishable from the real thing.

     In the late Twentieth Century, with advances in computer, photocopy, and graphic arts technology, counterfeiters could produce half-decent fake bills by simply copying real money. At that time, American paper currency was the easiest money in the world to counterfeit. In an effort to render bills more difficult to replicate, the U. S. Treasury Department redesigned the larger denominations. (At one time the government printed $500 and $1,000-dollar bills. The largest denomination today is $100.)

     The U.S. government's anti-counterfeiting measures included adding holograms, embedded inks whose colors change depending on the angle of light, more color, and larger presidential portraits. The first bills to be redesigned were the tens, twenties, and fifties. The government didn't issue the new 100s until February 2011.

     The redesigned currency drove the amateurs out of the funny money business, but it didn't discourage counterfeiters like Heath J. Kellogg. In 2011, the 36-year-old counterfeiter owned and operated a graphic and web design shop in Marietta, Georgia. In February of that year, Kellogg, who has a history of forged check convictions, began producing fake $50-dollar bills. (Fifties are rarely counterfeited.)

     Kellogg approximated the security threads in government bills by using pens with colored ink that showed up under ultraviolet lamps. He printed out the facsimile fronts and backs separately, then glued the sheets together.

     In May 2011, a bank in Atlanta sent the Secret Service seven fake 50-dollar bills. Three months later, agents arrested a man in Conyers, Georgia who passed $50-dollar bills that matched the seven fakes that passed through the bank in Atlanta.

     The counterfeit bill passer had purchased his fake bills with a face value of $2,000 for $900 in genuine money. The arrestee identified Mr. Kellogg as the manufacturer of the fake fifties, and agreed to cooperate with the Secret Service.

     Agents arrested a second member of the counterfeit distribution ring who also became an undercover Secret Service operative. On November 15, 2012, following the execution of two search warrants and two controlled undercover buys of counterfeit currency from the suspect, agents arrested Heath Kellogg.

     The Assistant United States attorney in the Northern District of Georgia charged Kellogg with conspiracy to manufacture and distribute counterfeit U.S. currency. Five other men were charged in connection with the passing of Mr. Kellogg's contraband product. The federal prosecutor believed that Kellogg and his accomplices injected $1.1 million worth of fake $50-dollar bills into the local economy.

     In November 2013, a jury found Mr. Kellogg guilty as charged. On March 24, 2014, the federal judge sentenced him to 12 years in prison.

     Two days after the counterfeiter's sentencing, the judge sent accomplice Stacy P. Smith to prison for three years. Following his prison stretch, Smith faced three years of supervised release. The judge sentenced four other members of the Kellogg counterfeiting ring in March 2014. Those sentences ranged from 18-months behind bars to five years probation.
 

      

Easy Money: Three Quick and Simple Con Games

Case l

     A man and a woman, both well-dressed and in their mid-forties, approached an 86-year-old woman at a busy intersection in the Forest Hills section of Queens. The man showed the elderly woman a wallet fat with cash. "We just found it," the man said. "Look at all the money that's in it. Hundred dollar bills."

     Having interested the victim in the money, the man proposed they take the lost wallet to the local police precinct house. If the wallet was not claimed in 30 days, the three of them could divide up the cash. They could deposit the lost wallet with the police in the old woman's name. At the end of the waiting period, the police would release the wallet and its contents to her.

     But wait. How could the couple trust that a complete stranger will give them their share of the money? How about this? The woman could withdraw $10,000 from her bank account, money the couple could hold until the police release the wallet. If the wallet is claimed within the 30 day period, the couple will return the woman's good faith money.

     After the victim took $10,000 out of her bank account and handed it to the con artists, they asked her to wait on the street until they returned with the receipt from the police station. They of course disappeared with the scam victim's cash.

Case 2

     An 82-year-old man received a disturbing phone call regarding one of his grandsons. According to the caller, who identified himself as an officer with the New Jersey State Police, the young man had been arrested and needed $3,500 to get out of jail.

     To spare his grandson the horrors of criminal incarceration, the old man, from a Western Union Office, sent $3,500 to the con man. The good news, of course, was that the kid was not in jail. The bad news: the victim ended up $3,500 poorer and was left feeling like a sucker.

Case 3

     A con man impersonating an IRS agent informed a 35-year-old woman by telephone that she owed the government $2,000 in taxes. According to the faker, her problem was this: if she didn't pay up immediately, agents would come to her home and haul her off to prison.

     The terrified victim (the three most feared letters in America are IRS) rushed to a 7-Eleven convenience store where she purchased four $500 prepaid debit cards. The con man withdrew the $2,000 after the victim, using her cellphone at the store, read him the card numbers. With one phone call this scam artist stole $2,000. Easy money. 

Thornton P. Knowles On Self Esteem

I grew up in the era before the self esteem movement. When I was 11, as my father and another adult were discussing something, I injected my opinion into the conversation. Later, my dad took me aside and said this to me: "Son, by definition, you are retarded. You have the mind of an 11-year-old." Like I say, I grew up before the self esteem movement.

Thornton P. Knowles

Saturday, December 16, 2017

The Johnny Lewis Murder Case

     During his teenage years, actor Jonathan "Johnny" Lewis landed roles in various television series such as Malcolm in the Middle, Drake & Josh, Judging Amy, Boston Public, American Dreams, and The OC. In 2007 he appeared in the movie AVPR: Aliens vs Predator Requiem, and three years later in the film The Runaways. More recently, he played a series character in a motorcycle-gang drama called, Sons of Anarchy. In the final episode of season 2 his character was killed off. (He said because he wanted out of the contract.) At one time Lewis dated an actress named Katy Perry.

     In January 2012, a pair of residents of a town house in Northridge, California came home to find the 28-year-old actor inside their dwelling. (Lewis had once lived in the complex.) Before leaving the scene of his burglary, Lewis, out of his mind on drugs, beat the town house occupants with an empty Perrier bottle. Charged with burglary and assault, Lewis spent some time in the Los Angeles County Jail before being released on bail.

     Six weeks later, while out on bond, Johnny Lewis punched a man in the face at a Santa Monica yogurt shop. A week later, police arrested him while attempting to break into a home in that city. Once again he posted bail, and was released from custody. But in March, when Lewis failed to show up at a court hearing, the judge issued a warrant for his arrest. Police took him into custody a short time later, and put him back in jail.

     In preparation for his sentencing hearing on the Santa Monica attempted burglary case, a probation officer, in a report dated May 17, 2012, wrote: "The defendant suffers from some kind of chemical dependency, mental health issues, and lack of permanent housing. Given this, [Lewis] will continue to be a threat to any community [in which] he may reside."

     On May 23, 2012, Judge Mark E. Windham, relying on the above report, sentenced Johnny Lewis to 30 days of mental health and drug abuse treatment at the Ridgeview Ranch in Altadena, California. After completing the program as an outpatient, the judge presiding over the two assault cases sentenced Lewis to a period of probation. Not long after that, Lewis was put behind bars for some other offense. He made bail again, and on September 21 was back on the street abusing drugs and causing trouble.

     Johnny Lewis was renting a room in a sprawling, two-story house in the Los Angeles neighborhood of Los Felix Hills. His 81-year-old landlady, Catherine Davis, rented rooms in the Spanish-Style, bed-and-breakfast-like facility to young Hollywood actors. At ten o'clock in the morning of Wednesday, September 26, 2012, just five days after he had been released from jail, Lewis hopped a fence and attacked a painter working on the house next door. The owner of the home got into the fray, but Lewis was so high on drugs, there was nothing they could do to subdue him. The two men, fearing for their lives, took refuge in the house while Lewis tried to break into the place to continue the assault.

     When the mad actor returned to the Davis home, he broke into her living quarters, ripped her cat to pieces with his bare hands, smashed and ransacked the place, then beat the old woman to death. Neighbors who heard Catherine Davis screaming for her life, called 911.

     At 10:40 AM, when the police arrived at the scene, they found Johnny Lewis sprawled out dead on the driveway to the Davis house. Investigators believed that under the influence of drugs, he had fallen off the roof of the hillside dwelling. Inside, they found the beaten and strangled landlady, and her dismembered cat. Based on the dead actor's recent history, and the nature of his violence, detectives believed that Johnny Lewis had been high on PCP, crystal meth, or a new designer drug called "smiles," a psychedelic substance sold in the form of powder and pills.

     Jonathan Mandel, Lewis' attorney, told reporters that "Johnny Lewis had a lot of problems. I recommended treatment for him but he declined it. I give a lot of credit to his parents, they were really strong in trying to help him out. They really went to bat for him, but I guess they just couldn't do enough."

     Johnny Lewis' father, Michael, was a Scientologist who ran a Scientology clinic out in the San Fernando Valley. Mr. Lewis once wrote a screenplay with L. Ron Hubbard, the Church of Scientology founder, about the practice of Dianetics. After Johnny Lewis' arrests for burglary and assault, and the drug-crazed murder of Catherine Davis, Scientology officials distanced themselves from the young actor, claiming that he left the church years ago. His image, and references to him, disappeared from the church's various websites.

     Members of the Church of Scientology are forbidden from consulting with psychologists and psychiatrists, or from taking psychotic medication. L. Ron Hubbard considered psychiatrists pill-pushing charlatans, and established his own programs for members suffering from mental illness, emotional problems, and drug and alcohol abuse. In lieu of modern psychiatry, Scientologists are treated with one-on-one counseling sessions, the ingestion of large amounts of vitamins, and sweating out their demons in high-temperature saunas.

     In 2004, Johnny Lewis went through a Church of Scientology drug program called Narconon. He spoke publicly about his treatment, and appeared on Narconon related websites. (These images were scrubbed from the Internet.)

     Critics of the Church of Scientology, and there are millions of them around the world, accused church officials with contributing to the deaths of mentally ill Scientologists by denying them modern psychiatric medication. The media generally refrained from emphasizing the Scientology connection to Catherine Davis's drug-crazed murder.

Elizabeth George on Sherlock Holmes and Imperfect Characters

     No one wants to read about perfect characters. Since no reader is perfect, there is nothing more disagreeable than spending free time immersed in a story about an individual who leaps tall buildings of emotion, psyche, body, and spirit in a single bound. Would anyone want a person as a friend, tediously perfect in every way? Probably not. Thus, a character possessing perfection in one area should possess imperfection in another area.

     Sir Arthur Conan Doyle understood this, which is one of the reasons that his Sherlock Holmes has stood the test of time for more than one hundred years and counting. Holmes has the perfect intellect. The man is a virtual machine of cogitation. But he's an emotional black hole incapable of a sustained relationship with anyone except Dr. Watson, and on top of that, he abuses drugs. He has a series of rather quirky habits, and he's unbearably supercilious. As a character "package," he emerges unforgetably from the pages of Conon Doyle's stories. Consequently, it's difficult to believe that any reader of works written in English might not know who Sherlock Holmes is.

Elizabeth George, Write Away, 2004

Thornton P. Knowles On Death As The Writer's Nightmare

You wait all your life to die. And when you do, you can't write about it. This is the writer's nightmare.

Thornton P. Knowles

Friday, December 15, 2017

Donte Johnson: Playing the Stupid Card

     At one in the morning, after watching a movie at a friend's house, 20-year-old Sabina Rose O'Donnell borrowed a bicycle to ride to her north Philadelphia apartment a few blocks away. She never made it home. Later that day, June 2, 2010, police discovered her body in a trash-littered lot behind her apartment building. At the scene, investigators found jewelry, a camera, and an uncashed paycheck made payable to the victim. With her bra wrapped tightly around her neck, the victim had been raped, beaten, and strangled to death. He killer had left his bloody undershirt near her body.

     According to video-tapes from neighborhood surveillance cameras, police were able to place 18-year-old Donte Johnson in the area at the time of the murder. After two Philadelphia officers arrested Johnson on June 10, 2010, he admitted biking around the neighborhood that night, but denied any knowledge of the murder. His interrogators explained to him how DNA analysis of his sperm could link him the the dead woman's body. Upon hearing this, Johnson said he and the victim had consensual sex two days before her death. When the detectives questioned that story, Johnson tried another way of neutralizing the DNA evidence: he said that after stumbling across her body, he had masturbated over the corpse. The interrogators explained that this didn't explain away the bloody undershirt. At this point, Johnson confessed to the rape and murder.

     Assistant District Attorney Richard Sax charged Donte Johnson with first-degree murder, rape, and robbery. Soon after Johnson's court-appointed defense attorneys entered the case, the suspect took back his confession, and turned down a negotiated guilty plea. The defense challenged the reliability of the DNA evidence linking Johnson to the body and the murder site, and made the argument that the prosecution couldn't use his recanted confession. Johnson was now claiming that at the time of Sabina Rose O'Donnell's rape and murder, he was at home with his family.

     At a pre-trial hearing on April 30, 2012 to determine if the prosecution could introduce Johnson's confession, defense attorney Gary Server put a private forensic neuropsychologist on the stand. Dr. Gerald Cooke testified that Johnson, with a damaged brain and an IQ of 73, had the mental capacity of an 11-year-old. Because the suspect was almost retarded, his interrogators could have easily manipulated him into confessing to a crime he didn't commit. (So what's the solution to this? Using stupid interrogators to make things fair?)

     In arguing for the exclusion of Johnson's confession, attorney Server said, "The detective speaks to Mr. Johnson and he thinks he's talking to an adult, when in reality he's speaking to a child." The defense attorney also noted that when questioned by the police, his client had been drunk and high on drugs.

    The police officers who had arrested Johnson took the stand and testified that the suspect, sober and coherent, knew exactly what was going on when they took him into custody. According to the police officers, Johnson did not act or speak like an 11-year-old child. The judge, after hearing both sides of the argument, ruled that the prosecutor could introduce Johnson's confession at his trial. The defense attorneys could make the false confession claim to the jury.

     On May 1, 2012, after opening statements to the jury from both sides, the prosecutor presented the state's case. Surveillance cameras placed the defendant in the vicinity that night, Johnson had confessed to the rape and murder, and DNA linked him to the bloody shirt and the victim's body. From a prosecutor's point of view, as murder cases go, this was about as good as it gets.

     By comparison, the defense--that DNA analysts made mistakes, the confession was false, and Johnson's family said he was at  home with them that night--was weak.

     To convince the jury that police interrogators had taken advantage of Johnson's feeble mind to wrangle a false confession out of  him, the defense showed the video-taped testimony of the neuropsychologist, Dr. Gerald Cooke. According to Dr. Cooke--who earned $9,300 for his I.Q. testing and testimony--Donte Johnson has trouble solving problems, reasoning, and thinking quickly. His mother had given birth to Donte when she was 16; early in his youth he had suffered some kind of brain damage; and since turning 14, he has been using drugs and binge drinking. According to the psychologist, this simpleton never held a job, and had sex with scores of women. (Great.)

     Donte Johnson's attorneys chose not to put their client on the stand. Perhaps they didn't want to risk a witness box confession like in one of those old Perry Mason TV episodes. Moreover, having tried to make the jurors feel sorry for the defendant, the attorneys wanted to keep him under wraps. Following the closing arguments, and the judge's instructions, the case went to the jury.

     Jurors, after deliberating four hours, found Donte Johnson guilty of first degree-murder and rape. The judge sentenced him to life plus 40 to 80 years. In speaking to the judge after receiving his sentence, Johnson said, "How can you clearly say I did anything? If I did something I would take responsibility."

     If stupidity ever becomes a successful criminal defense, our prisons will be half empty.
       

Thornton P. Knowles On Criminal Defense Attorneys

In the world of the defense attorney, half the country is either insane or disadvantaged. When a street thug with an extensive criminal record commits a serious crime, this poor defendant, through no fault of his own, was disadvantaged. In other words, society was to blame. Whenever a upper middle class defendant commits an atrocious crime, that defendant was insane and therefore not responsible for his or her act. Defense attorneys are paid to embarrass themselves, and the really good ones are quite good at that.

Thornton P. Knowles

Thursday, December 14, 2017

Why Did Emily Creno Fake Her Son's Cancer?

     On the surface there was nothing exceptional about Emily J. Creno. In 2012, the mother of an 8-year-old girl and a boy who was four lived in Utica, a central Ohio town not far from Columbus. After the 31-year-old's marriage had gone sour, her husband John moved out of the house.

     In December 2012, Emily took her son J. J. to a hospital emergency room in Columbus. She told medical personnel that he had suffered a series of seizures. Following blood tests, X-rays, and EEG monitoring, the physical told Emily that her son was in good health.

     Notwithstanding her son's clean bill of health, confirmed by subsequent hospital visits and various screening tests, Emily Creno told friends and family that J. J. had been diagnosed with cancer. She said J. J.  didn't have long to live. The child, thinking that he was terminally ill, basically shut down. When John Creno visited his son, the boy couldn't speak or get off the couch. (Emily regularly shaved J. J.'s head to give him the appearance of someone being treated with chemotherapy.) Her estranged husband had no idea his son's illness was a hoax orchestrated by his wife. (The couple has since divorced.)

     One of Emily's sympathetic friends created a Facebook page for the purpose of soliciting donations for the distraught mother and her dying son. About twenty people sent the family clothes, toys, and money. One Facebook reader drove 500 miles to console Emily and the stricken boy.

     In May 2013, a Columbus woman with a daughter suffering from leukemia visited the Creno Facebook page where she read postings about J. J.'s illness and symptoms that didn't make sense. Thinking that Emily Creno was possibly soliciting money and goods on a false pretense, this woman reported her suspicion to an officer with the Utica Police Department.

     Utica detective Damian Smith, in response to the tipster's call, got in touch with the Columbus oncologist who was supposedly treating the Creno boy. The physician said he did not know Emily or her son. Further investigation, which presumably included Creno's interrogation and perhaps a polygraph test, established the fact that her son's terminal illness was nothing more that a product of her imagination and deception.

     Licking County prosecutor Tracy Van Winkle, in September 2013, charged Emily Creno with one count of third-degree child endangerment. Shortly thereafter, police officers took the suspect into custody on the felony charge. A local magistrate set her bail at $50,000. According to the prosecutor, she would present the case to a grand jury which could result in additional charges related to fraud and theft by deception.

     As the criminal case moved forward, J. J. Creno and his sister were residing with a distant relative. It was not clear if the boy's physical incapacity was entirely psychological, or the result of being poisoned by his mother. In either case, the effects of his ordeal would probably be long-lasting.

     On May 7, 2014, Emily Creno, after pleading no contest to charges of theft and endangering a child, was sentenced to 18 months in prison by Judge Thomas Marcelain. The judge also ordered Creno to pay back nearly $3,000 to the people who donated to her phony cause. At the sentencing hearing, Judge Marcelain said that Creno's ploy had been intended to get her husband back, a scheme that got out of hand.

     In terms of motive, this could have been a Munchausen Syndrome by Proxy (MSBP) case. Mothers with this disorder make their children ill to gain sympathy and attention from friends, family, and hospital personnel. Quite often the MSBP subject is trying to attract the attention of an indifferent or estranged spouse. Even if Emily Creno didn't poison her son to make him ill, her cancer hoax could be explained in the context of this disorder. In other words, the motive behind this dreadful case may have been pathological rather than theft by deception. It should be noted, however, that Munchausen Syndrome by Proxy does not constitute a recognized legal defense. It is not the same as legal insanity because MSBP mothers are fully aware of what they are doing, and that it's wrong. 

Children Die From Abuse and Neglect as Child Protection Services Look On

     According to the Associated Press, at least 786 children died of abuse and neglect in the U.S. in a six-year span in plain view of child protection authorities. Many of them were beaten, starved or left alone to drown while these agencies had good reason to know these children were in danger…

     To determine that number, the AP canvassed the 50 states, the District of Columbia and branches of the military…Many states struggled to provide numbers. Secrecy often prevailed. Most of the 786 children whose cases were compiled by the AP were under the age of 4. They lost their lives even as authorities were investigating their families or providing some form of protective services because of previous instances of neglect or violence or other troubles in the home…

     Many factors contribute to the child abuse problem nationwide: The child protective services system is plagued with worker shortages and a serious overload of cases. Budgets are tight, and nearly 40 percent of the 3 million child abuse and neglect complaints made annually to child protection services hotlines are "screened out" and never investigated. [This sounds a lot like our VA Hospital situation.]

     Also, insufficient training for those who answer child abuse hotlines leads to reports being misclassified, sometimes with deadly consequences; a lack of a comprehensive national child welfare database allows some abusers to avoid detection by moving to different states; and a policy that promotes keeping families intact can play a major role in the number of deaths.

     Because no single, complete set of data exists for the deaths of children who already were being overseen by child welfare caseworkers, the information compiled over the course of the AP's eight-month investigation represents the most comprehensive statistics publicly available….

"AP Impact: Abused Kids Die as Officials Fail to Protect," Associated Press, December 30, 2014
    

Talking Versus Writing

Those who tell stories better than they write them are the bane of editors. Editors dread wasting time on captivating talkers whose words lose their fizz on the page. Obviously, writing skills transcend conversational skills. But the drama and flair we bring to telling stories is too often lost once our words are nailed down on paper. Most of us converse better than we write because we feel so much less vulnerable when addressing a limited number of ears. While talking, we can alter material or adjust our delivery in response to cues from others. If things get out of hand, we can change the subject altogether. Even whey they bomb, spoken words float off toward Mars. They can always be denied. "That isn't what I said!" is a great court of last resort. But words we've committed to paper [or online] can be held in evidence against us as long as that paper exists. Is it any wonder that we're scared to make this commitment?

Ralph Keyes, The Courage to Write, 1995

Thornton P. Knowles On Judging a Book By Its Author

A chain-smoking reporter once asked me if I could enjoy a book written by a bigot. I asked the reporter if he could enjoy a cigarette made by a company that knew it was killing people.

Thornton P. Knowles

Wednesday, December 13, 2017

Psychic Detectives: False Leads, Wasted Time, and Investigative Nonsense

     I don't believe in ghosts, witches, Big-Foot, UFOs, alien abductions, spontaneous human combustion, or the Loch Ness Monster. In my opinion, people can't read the minds of dogs and cats, or carry on conversations with the dead. I also don't believe in fortune tellers, soothsayers, and so-called psychic detectives who inject themselves into missing person and murder cases. The words "detective" and "psychic" do not belong together. Police detectives who consult these women, or even run down their leads, should be put back on patrol. It's all a load of crap.

     But in an era of marginal thinking and stupid beliefs, millions of people buy into this paranormal nonsense. The media, particularly television, with supposedly serious shows about ghosts, UFOs, and psychics, lends credibility to this stuff. Print and TV journalists, who know better, pretend to take this hogwash seriously because they are popular subjects that attract readers and viewers. These media hacks are part of the problem. Americans have lost the ability to think straight, reason clearly, and draw the right conclusions.

     If psychic detectives could do what they claim, there would be no such thing as a missing child, teenage girl, ex-girlfriend, or estranged wife. There wouldn't be unsolved murders, and we would have been spared 9/11, the Oklahoma City bombing, and the assassinations of JFK, Martin Luther King, and Robert Kennedy. No one without inside knowledge of the case, can, by holding a missing murder victim's garment, lead the detectives to the body. Harry Houdini escaped locked boxes because he had the keys, and psychic detectives claim credit for locating missing persons by embellishing and changing, after the fact, their initial predictions. They get away with it because gullible people want to believe in them.

Psychics Teresa Nicholas and Tiffany Smith: The Costly Curse

     Psychics Teresa Nicholas and Tiffany Smith, "Psychic Readers & Advisors" doing business in Hingham, Massachusetts, had they looked into their own futures, wouldn't have bilked a 69-year-old woman who had stupidly availed herself of their fortune telling services.

     On April 6, 2012, when the victim came to Tiffany Smith for a "psychic reading," Smith informed her she was under a "curse and a black cloud." More specifically, the psychic reader told the victim that if she didn't fork over $7,000 to lift the curse, the victim's daughter, within a week, would commit suicide. The poor woman wrote a check payable to Teresa Nicholas for that amount. The next day, the victim either came to her senses, or spoke to someone with common sense. Either way, the police were notified. Nicholas, however, had already deposited the check.

     A week later, the two psychics were charged with a variety of theft offenses related to swindling and fraud. I'm not a psychic, but I predict a pair of convictions in this case.

Psychic Detectives in the Disappearance of Etan Patz

     On May 25, 1979, the parents of 6-year-old Etan Patz allowed the boy to make his first unaccompanied trip to the Manhattan bus stop two blocks from his apartment building. They never saw him again. The missing boy was one of the first to have his photograph printed on milk cartons. His case helped fuel the national missing persons campaign that took root in the 1980s. The boy as formally declared dead in 2001.

     From the beginning, investigators suspected a friend of Etan's babysitter, a man named Jose Antonia Ramos. Ramos was later convicted of child molestation and sent to prison in Pennsylvania. While never prosecuted in the Patz case, the missing boy's family won a $2 million wrongful death judgement against Ramos in 2004.

     In 2010, Manhattan District Attorney Cy Vance reopened the Etan Patz investigation.

     In April, 2012, FBI agents and detectives with the New York City Police Department, interviewed a 75-year-old man named Othniel Miller, a former handyman who, in 1979, had worked in a 13 foot by 62 foot room in the basement of the Patz family apartment building on Prince Street in the SoHo section of Manhattan. Etan did chores for Miller, and on the day before he disappeared, Millier had given the boy a dollar. At the time of the boy's disappearance, Miller was not a suspect because he had a solid alibi. However, Jose Ramos, the imprisoned child molester, worked for Mr. Miller, and had access to his basement workshop.

     After questioning Othniel Miller, FBI agents placed "scent pads"--material that can absorb and retain odors--in Miller's old basement workshop. A cadaver dog, upon sniffing the pad, indicated the scent of human remains. (This technique should not be confused with  forensic science.)

     A few days ago, under the supervision of the FBI and New York City Police, workers began digging up the workshop's concrete floor, and screening the dirt beneath it for signs of Etan's remains. At one point, investigators thought they had discovered a suspicious stain on a chunk of cinder block, but further analysis determined it was not blood. After four days of excavating, the authorities shut down the operation, and began cleaning up the mess. The Etan Patz case remains a mystery.

     In 1979, five days after Ethan Patz left home for the bus stop and never came back, a psychic named Carrie Leight told Etan's father that the first-grader was being cared for in a "blue hospital" that employed a nurse named Mrs. Keanne. Another psychic, under hypnosis, said the boy was "living safely" with a dark-haired woman with a Spanish or Cuban accent who lived on the second floor of a tenement building bearing the number 29. New York City detectives ran down these leads that led them nowhere. They wasted their time. Since 1979, there is no telling how many psychic detectives have weighed in on this case, and how much time has been wasted paying attention to them.

     On May 6, 2012, Pedro Hernandez, a 51-year-old from Maple Shade, New Jersey, confessed to choking Etan Patz to death and leaving his body in a bag in a Manhattan trash can. Hernandez, an employee of a convenience store in the victim's neighborhood, moved to New Jersey shortly after Etan's disappearance and murder.

     In February 2017, a jury in Manhattan found Pedro Hernandez guilty of murder and kidnapping. The judge sentenced him to 25 years to life in prison.

Psychic Nancy L. Fox and the Christine Ann Jarrett Murder Case

     On the night of January 3, 1991, Christine Ann Jarrett, the mother of two young boys, disappeared from her home in Elkridge, Maryland. Shortly thereafter, a local psychic named Nancy Fox, who performed "readings, healings, and spiritual coaching," was taken to the Jarrett house where she "immediately had a feeling." (I'm wondering if she can tell that I'm having one right now about her.) Psychic Fox informed those present that the missing woman was dead. (Unlike psychics, medical examiners need bodies before they can make such determinations.)

     This psychic from Linthicum, Maryland said she had an image of Christine Jarrett getting into a blue (this must be their favorite color) car with some man, and that the dead woman would be found within 50 miles of her home. The police, according to Fox, would find clues to her disappearance in southern Pennsylvania.

     Even if this rubbish were true, the information is so general it's useless. A blue car? Some man? Southern Pennsylvania? The body somewhere within a 50 mile radius of the house? Wow.

     On April 21, 2012, 21 years later, Christine Jarrett's remains were found a few yards from her house, buried under the floorboards of a backyard shed. Her since remarried husband, 57-year-old Robert Jarrett, has been charged with her murder.

     When psychic Nancy Fox had her "feeling," she was sitting a few yards from Christine Jarrett's dead body. There was no man in a blue car, or clues in southern Pennsylvania. The victim was dead, and her body was found within 50 miles of her house. In the psychic detective business, this qualifies as a successful "reading." However, in the real world, it is something else.  


Thornton P. Knowles On Living Before Writing

It's against the law to drive a car before you're sixteen. There is a reason for that, so how about this: You should not publish a novel until you're thirty-five. Although this rule won't save lives, it would improve the quality of book-length fiction. One of my favorite crime novelists, Ross H. Spencer, a blue collar guy who, like me, was born in Nitro, West Virginia, didn't start writing until he was 58. That's why his books are so full of life and so funny. He lived before he wrote.

Thornton P. Knowles 

Tuesday, December 12, 2017

Grigoriy Bukhantsov and the Bukhantsov Family Murders

     Gregoriy Bukhantsov, a trouble teenager and high school dropout, lived with his parents in Rancho Cordova, California 15 miles east of Sacramento. The young man's parents were Ukrainian immigrants who came to the United States in the 1990s after the breakup of the Soviet Union. They settled in this community of 100,000 immigrants from Ukraine, Georgia, and Belarus.

     Gregoriy's parents, and the family of his older brother Denis Bukhantsov, belonged to the 6,000-member Bethany Slavic Missionary Church, an evangelical Pentecostal congregation founded by immigrants from the former Soviet Union.

     In December 2011, Grigoriy Bukhantsov pleaded no contest to burglary. The judge sentenced him to one year in jail (he served seven months) and five years probation. Over the past year, Grigoriy, a drug and alcohol abuser with serious mental problems and a propensity for violence, had threatened virtually everyone he knew. People had good reason to be afraid of him.

     In the summer of 2012, Grigoriy assaulted his father and his sister, and threatened to stab his entire family to death. Florin Ciuriuc, the executive director of the Slavic Community Center of Sacramento, helped Mr. Bukhantsov obtain a temporary restraining order against the 19-year-old. (Grigoriy's parents struggled with English.) The Sacramento county judge issued the order, but when the family didn't seek to make it permanent, the restraining order expired.

     Grigoriy became so disturbed and threatening, his parents, fearing for their lives, moved out of the state, taking their daughter with them.

     According to Florin Ciuriuc, Grigoriy Bukhantsov "...was going nuts. Saliva was coming out of his mouth when he was screaming, yelling, and cussing. He was talking nonsense. He was making threats to everybody."

     After Grigoriy's parents fled California, the young man became homeless, living temporarily in the houses of relatives until he wore out his welcome, and was asked to leave. On Monday, October 22, 2012, Grigoriy asked his 29-year-old brother Denis if he could spend a couple of nights at his house. Denis, his 23-year-old wife Alina and their three children, ages three, two, and six-months old, lived in Rancho Cordova. Because his nomadic brother seemed calm and in control of himself, Denis agreed to shelter his younger brother.

     The next day, when Denis returned home at 3:30 in the afternoon following a class he was taking, he found that Alina and two of the children had been bludgeoned, stabbed, and slashed to death. The 6-month-old boy had not been harmed. Denis ran to a neighbor's house and called 911.

     The police immediately launched a search for Grigoriy Bukhantsov. After committing the murders, the suspect had stolen the family's 2005 Chrysler minivan. The next day, at two in the morning, a police officer spotted the stolen vehicle parked in front of a Denny's restaurant. Inside they found Grigoriy asleep in a booth. Taken into custody, he was booked into the Sacramento County Jail where he was held without bond.

     Shortly after his arrest, the local prosecutor announced that his office would seek the death penalty in the triple murder.

     In August 2015, following months of procedural delays, motions, and stays, a Sacramento jury found Bukhantsov mentally competent to stand trial. The defendant's attorneys, arguing that their client was criminally insane, appealed this verdict. A judge, in February 2016, ruled that Bukhantsov was competent to be tried.

     The Bukhantsov case, as of December 2017, remains in limbo. In California, where the criminal justice system is so overwhelmed it moves slowly, if at all, this is par for the course.

     

More Fun and Games in Whackademia

The Phantom Professor

     Venetia Orcutt, an assistant professor in George Washington University's department of Physician Assistant Studies, went AWOL from class in two of her courses. She just didn't show up. Students who signed up for these teacherless courses, however, all received As. This went on for two semesters. After someone finally came forward, the dean of the medical school fired Orcutt and announced that the students who had not attended her classes would still get credit for the teacherless courses.

     In college, grades are a form of currency. Being a professor is a lot like being able to print money. Like money, grades can be used by academic slackers to buy the silence of  students in a conspiracy of fruad against parents, taxpayers, and alumni contributors. Professor Orcutt, had she not reached for the moon, might have gotten away with her scam indefinately. I'm sure many professors have.

Students or Guinea Pigs?

     Oklahoma University placed assistant professor Chad Kerksick on leave of absence following accusations from his Health and Exercise Students that, as a part of his research, he injected them with substances that caused pain and bruising. The university removed Kerksick from his duties. After the professor challenged the school's right to remove his tenure-track position, the university agreed to pay Kerksick $75,000 and give him one year of unpaid leave during which time he could look for a teaching position elsewhere.

     The above story made me think of my own career as a criminal justice professor, I who worked at Edinboro University of Pennsylvania for thirty years, and actually showed up for class and didn't taser my students for a paper on nonlethal force. I now realize I was working at the wrong university. I should have been in Oklahoma.

Publish or Perish

     Emory University Professor Mark Bauerlein, in a recent paper, argues that professors who teach English Literature spend far too much time writing books, essays, reviews, and dissertations, stuff that nobody reads. According to the Modern Language Association, the number of these scholarly works published every year in the fields of English and foreign languages and literature has climbed from 13,757 in 1959 to 70,000 a  year. This glut of dense, arcane babble is not only killing innocent trees, it's keeping the writers of this unreadable stuff from teaching classes and interacting with students. Unless academic administrators eliminate publication as a prerequisite of academic advancement and tenure, trees will continue to fall and students will be taught by graduate assistants. (And English departments will continue to be called "Anguish" departments.)

No Snacks, No Class

     At California State University at Sacramento, students in professor George Parrott's Psychology 101 lab class, were required to bring homemade snacks each week to the laboratory. If the professor didn't get his snacks, a policy he established in the early 1970s, he canceled the class. Over the years, the professor's students went along with the joke without complaint. But a few weeks ago, when students in the professor's morning section of Foundations of Behavorial Research failed to bring muffins, professor Parrott walked out of the lab.

     Members of the Psychology Department ruled that professor Parrott's decision to walk out of class because his students had violated his homemade snack rule, was unacceptable. So, the dean told professor Parrott, who is retiring at the end of the year, to teach without snacks. (It's hard to image all of this was news to Parrott's teaching colleagues.) Since I didn't major in psychology, I am not equipped to figure out what in the hell was going on with this teacher, or his department.      

Thornton P. Knowles On Meeting a Non-Writer

When someone I meet learns that I'm a published writer, I often get one of two responses: "I have a terrific idea for a novel, we can split the royalty 50-50." Or: "You ought to write a book about my uncle, he's a card!"

Thornton P. Knowles

Monday, December 11, 2017

Dr. Lisa Tseng: When Does a Physician Become a Drug Dealing Murderer?

     In California, as in most states, a cocaine dealer can be convicted of second-degree murder if a person he sold the drug to dies of an overdose. Such a conviction is based on what is referred to as the felony-murder doctrine which holds that if in the commission of a felony (selling cocaine) someone dies, the felon can be held criminally culpable for that death. The element of criminal intent applies to the commission of the felony, not the resultant death. In other words, it doesn't matter that the cocaine dealer didn't intend to kill one of his customers. It's still murder.

     Dr. Hsiu-Ying (Lisa) Tseng and her husband ran a storefront medical clinic in Rowland Heights, California, an unincorporated community of 50,000 in Los Angeles County's Gabriel Valley. The clinic had a reputation among prescription drug addicts as a place one could go to acquire prescriptions for drugs such as Xanax, Oxycodone, Methadone, Soma, and Vicodin. Dr. Tseng allegedly issued prescriptions for these pain and anti-anxiety drugs without asking too many questions, or requiring an acceptable medical reason.

     In 2010, reporters with the Los Angeles Times linked Dr. Tseng's drugs to eight overdose deaths. (Not all of the people who overdosed had acquired the prescriptions from the doctor, many of her patients had sold the drugs to others who overdosed on them.) According to the Times, Dr. Tseng, from 2007 through 2010, had written more than 27,000 prescriptions for pain and anti-anxiety medicine.

     In March 2012, state, county and federal narcotics officers arrested Dr. Tseng for murder in connection with the 2009 overdose deaths of three men in their twenties, all of whom had gotten prescription drugs at the Rowland Heights clinic. The authorities also charged Dr. Tseng with 20 felony counts of prescribing drugs to patients with no medical need for the medicine. (If this government-imposed standard were enforced strictly across the country, we'd need a dozen new prisons just for physicians and chiropractors. Street corner cocaine dealers would see their businesses shoot through the roof.) The 42-year-old doctor was placed in the Los Angeles County Jail under $3 million bond.

     There had only been a handful of prescription drug/felony-murder overdose prosecutions in the country. The Tseng case was the first of its kind in Los Angeles County. In June 2012, at a preliminary hearing before judge M. L. Villar de Longoria in a Los Angeles Superior Court to determine if the state had sufficient evidence to move the case to the trial phase, the assistant district attorney put on several witnesses. (In preliminary hearings to determine if the government has a prima facie case, there are no defense witnesses.)

     An undercover DEA agent took the stand and said he (or she) had been prescribed pain and anti-anxiety drugs without exhibiting any evidence of a physical injury. (What are the physical signs of chronic back pain?) Several family members of Tseng's patients testified that they had begged the doctor to quit issuing their addicted relatives prescription drugs. A representative of the Los Angeles Coroner's Office said he had warned Dr. Tseng that many of her patients were dying of prescription drug overdoses.

     On June 25, 2012, after three weeks of testimony, Judge Villar de Longoria ruled that Dr. Tseng could be held over for trial on the three murder charges. The judge, in justifying the ruling, told the defendant that she had "failed to heed repeated red flags" that her patients were drug addicts." (Since it's the role of a jury to make fact determinations like this, the judge's remarks were, in my opinion, inappropriate.)

     Assuming that Dr. Tseng had in fact intentionally or recklessly issued prescriptions to drug addicts, I'm not sure prosecuting her for second-degree murder was good jurisprudence in a country with millions of prescription drug junkies. Bartenders who serve alcoholics booze aren't prosecuted for murder when the drunks kill themselves in car wrecks. Gun dealers who sell firearms to people who use the weapons to blow their brains out aren't prosecuted for murder. (In the federal government's Fast and Furious operation, agents sold guns to drug dealers in Mexico who used them to kill dozens of people. One of the victims was an U.S. Border Patrol Agent. I don't think we'll see the U.S. Attorney General prosecute any federal employees for murder.)

     If convicted of three counts of murder because she prescribed pills to junkies who overdosed on the drugs, Dr. Tseng faced up to life in prison. This was at a time when residents of 18 states, including California, could legally buy "medical" marijuana.

     In October 2015, a jury in Los Angeles County Superior Court found Dr. Tseng guilty of second-degree murder. The judge, on February 5, 2016, sentenced Tseng to 30 years to life in prison.
      

Researching a Crime For a Book

Writing a true crime book requires the writer to dig into angles not covered in the original rush of publicity and to deeply research the stories of victims, survivors, investigators, attorneys, and others; review all court, prison, psychiatric, medical, police and other documents about the perpetrator and interview people close to him.

Gretchen Brinck, authorsontheweb.com, 2002 

The Five-Finger Discount

     Everyone needs a little boost to beat the holiday blues. For some during a down economy, it's shoplifting. Retailers call it "shrinkage," the loss of inventory from the store shelves or storage from sticky-fingered shoppers and employees. The total cost to retailers last year was $112 billion, including losses from employee and supplier fraud, and organized retail crime gangs….

     And it goes up during the holidays, but not because thieves are trying to make Santa's bag bigger. Experts say that most thieves are in it for themselves.

     The thought going through a shoplifter's head is simple: "This is the time of year when we gift others, so we should gift ourselves as well," says Robert McCrie, a professor of security management. "People tend to shoplift for themselves, not to find gifts for other people."

     According to an analysis of the most recently available FBI data, conducted by the John Jay College of Criminal Justice…national shoplifting arrests averaged 80,889 during November and December 2015, an 8.95 percent increase over the prior two months, and higher than the non-seasonal average of 71,073 offenses….

     And as the economy weakened, shoplifting increased. From 2009 to 2015, annual shoplifting offenses rose from 698,233 to 997,739, according to the FBI, a nearly 43 percent increase.

Ben Popken, "Christmas on Five-Finger Discount for Shoplifters Seeking Holiday High," NBC News, December 24, 2013 

Thornton P. Knowles On Do-Gooders In Crime Novels

In the crime novel, the do-gooder rarely makes it past page 50. In my novels, there are no do-gooders. They don't even make it into the book.

Thornton P. Knowles

Sunday, December 10, 2017

The Annybelkis Terrero Murder-For-Hire Case

     Neil Logan, a 57-year-old aircraft mechanic from Boynton Beach, Florida made the mistake of his life when in June 2013, following a brief courtship and a spur of the moment decision, he married Annybelkis Terrero in Las Vegas.

     Not long after Mr. Logan and the 38-year-old Terrero took up residence in his Boynton Beach home, she regularly got drunk, used illegal drugs, and entertained strange men in the house. She also disappeared for days at a time.

     On August 31, 2013, just three months after marrying this woman, Neil Logan filed for divorce. The next day Annybelkis called the Boynton Police Department with the accusation that her husband had committed domestic abuse. Police officers came to the house and hauled Mr. Logan off to jail. Pursuant to a protective order filed against him, the owner of the house could not return to his home.

     In the fall of 2013 Terrero's Boynton Beach neighbors began complaining about suspected drug activity and prostitution occurring in Mr. Logan's former residence. After narcotics officers investigated the complaints and threatened to arrest Terrero on drug and prostitution charges, she agreed to stay out of jail by working as a drug informant.

     On October 16, 2013, Terrero and two narcotics cops wearing bulletproof vests were en route in a police vehicle to a suspected drug dealer's house. Along the way the snitch mentioned that she hated her husband and wanted him dead. Could the officers put her in touch with a hit man?

     The narcotics officers said they knew a men who could do the job. At that point Terrero handed one of the officers two stolen credit cards with instructions to use them soon because they were "hot." She said the cards were meant as compensation for the officers' role in her murder-for-hire plan.

     The next day in the Sunshine Square Shopping Center parking lot, Terrero met with a Boynton Beach undercover officer posing as a professional hit man. As is standard operating procedure in such cases, the murder-for-hire conversation was recorded.

     Terrero informed the undercover officer that she would pay him $30,000 from her husband's life insurance payout after the assassin did his job. She said she also wanted the hit man to murder another 57-year-old person named William Straub. The Lake Worth, Florida resident was a friend who had tried to help Terrero beat her alcohol and drug addictions. (Why she wanted this man dead is a mystery. Perhaps she had confided in him regarding her plans to have her husband killed and the proposed hit simply involved the intent to take out an incriminating witness. But if she were worried about that kind of exposure, why did she reach out to a pair of narcotic cops?)

     Shortly after the murder-for-hire mastermind handed the undercover officer a loaded Remington shotgun as a downpayment for the double-hit, the officer arrested Terrero. A Palm Beach county prosecutor charged Terrero  with two counts of murder solicitation and two counts of bribery. The judge denied the suspect bail.

     This was not the first time Terrero had seen the inside of a jailhouse. Police arrested her in 1998 for burglary and aggravated battery and in 2011 for assaulting a police officer .

     In speaking to a reporter following Terrero's arrest, William Straub, one of the murder-for-hire targets, described her as "brilliant" when she was sober and not so bright when drunk. (Terrero must have been very intoxicated when she proposed murder-for-hire to a pair of men she knew to be cops. That has to be one of the stupidest moves in the history of crime.)

     According to Terrero's 61-year-old mother Seneida Holden, her daughter has struggled with alcohol and drug abuse since her teenage years. At one time she claimed to have kidnapped the Lindbergh baby. (Since Bruno Richard Hauptmann kidnapped and murdered the 20-month-old son of Charles and Anne Lindbergh in March 1932, Terrero is off the hook for that crime.)

     On November 14, 2013, the Palm Beach County Prosecutor's Office announced that the charges against Annybelkis Terrero had been dropped. The spokesperson said the case was dismissed due to "significant legal issues." (It's possible these "significant legal issues" had to do with the fact Terrero had been working as a drug snitch.) She walked out of the county jail a free woman.
    

Stephen Glass: Notorious Fake Journalist

Whether fabricating sources or inventing scene settings, four journalists made headlines by choosing fiction over fact. It was discovered in 1998 that Stephen Glass had made up nearly half of his New Republic magazine stories. The New York Times reporter Jayson Blair was fired in 2003 for fabricating quotes from people he never met…Janet Cooke, a reporter with the Washington Post had to return her Pulitzer in 1981 after admitting she had created, out of whole cloth, an eight-year-old heroin addict to write about. In 2014, USA Today reporter Jack Kelley resigned after falsely creating stories, including a piece about a drowned woman who later turned up alive.

K. C. Baker, "Under Fire," People, February 23, 2015 

The Wrong-Way Driver

     Two separate wrong-way wrecks killed 11 people on Sunday morning, February 9, 2014 in Florida and California….Five people died in a crash on Interstate 275 in Tampa when a Ford Expedition, traveling south in the northbound lanes, collided head-on with a Hyundai….The Expedition caught fire, and the driver was killed. The other four people killed, all men between the ages 20 and 21, were occupants in the Hyundai….

     In Pomona, California, a wrong-way driver crashed into two other vehicles on State Route 60, known locally as 60 Freeway, leaving six dead…The first driver was arrested on suspicion of DUI and manslaughter….The driver was hospitalized in critical condition….Four other people at the scene and two others died at the hospital.

Ralph Ellis, "11 Killed in Wrong-Way Wrecks in Florida, California," CNN, February 9, 2014

Thornton P. Knowles On "The Catcher In The Rye"

Over the years I've read J. D. Salinger's The Catcher in The Rye several times. I must say that the greatness of this 1951 classic escapes me. In my opinion, the book is nothing more than a coming of age novel narrated by a dimwit.

Thornton P. Knowles 

Saturday, December 9, 2017

The David Tarloff Murder Case

     Psychiatrists diagnosed David Tarloff with schizophrenia in 1991 when the 23-year-old was in college. Over the next seventeen years, the Queens, New York resident, on twelve occasions, ended up in a hospital mental ward. There was no question that the man was mentally ill.

     Tarloff lived with his mother in a Queens apartment until 2004 when she moved into a nursing home. By 2008, the 40-year-old schizophrenic had convinced himself that his mother was being abused by nursing home personnel. That's when he concocted a plan to rob Dr. Kent Shinbach, the psychiatrist who had initially treated him in 1991. With the money he hoped to acquire by using the doctor's ATM code, Tarloff planned to pull his mother out of the nursing home and take her away to Hawaii.

     In February 2008, after making several phone inquiries, Tarloff learned that Dr. Shinback had offices on Manhattan's Upper East Side. In preparation for the robbery, Tarloff purchased a rubber meat mallet and a cleaver that he packed into a suitcase filled with adult diapers and clothing for his mother.

     On February 8, 2008, Tarloff showed up at  Dr. Shinbach's office armed with the meat cleaver and the mallet. But instead of encountering his robbery target, he was confronted by Dr. Kathryn Faughey, the 56-year-old psychotherapist who shared office space with Dr. Shinbach.

    In the Manhattan doctor's office, Tarloff smashed Faughey's skull with the mallet, then hacked her to death with the meat cleaver. He also attacked Dr. Shinbach when the psychiatrist tried to rescue his colleague. Tarloff fled the bloody scene on foot and was taken into custody shortly thereafter. Dr. Shinback survived his wounds.

     The Manhattan District Attorneys Office charged Tarloff with first-degree murder. The defendant's attorney acknowledged what his client had done, but pleaded him not guilty by reason of insanity. If a jury found that at the moment Tarloff killed Dr. Faughey, he was so mentally ill he couldn't appreciate the nature and quality of his act, they could return a verdict of not guilty. Instead of serving a fixed prison term, Tarloff would be placed into an institution for the criminally insane. The length of his incarceration would be determined by the doctors who treated him. If at some point the psychiatrists considered him sane enough for society, he could be discharged from the mental institution. (It is for this reason that most jurors are uncomfortable with the insanity defense, particularly in cases of extreme violence.)

     Under American law, criminal defendants are presumed innocent and sane. That means the prosecution has to prove guilt beyond a reasonable doubt. The defense, in insanity cases, has the burden of proving, by a preponderance of the evidence (a less rigorous standard of proof) that the defendant was out of touch with reality when he committed the homicide. Since even seriously psychotic murder defendants are aware they are killing their victims, not guilty by reason of insanity verdicts are rare. This is particularly true in rural communities where jurors prefer to send mentally ill murderers to prison.

     After years of procedural delays, David Tarloff's murder trial got underway in March 2013. A month later, following the testimony of a set of dueling psychiatrists, the case went to the jury. After ten days of deliberation, the jury foreman informed the judge that the panel had not been able to reach an unanimous verdict of guilt. The trial judge had no choice but to declare a mistrial.

     The Manhattan prosecutor in charge of the case announced his intention to try David Tarloff again.

     In May 2014, at his second trial, the jury rejected the insanity defense in this case and found David Tarloff guilty of first-degree murder. The judge sentenced him to life in prison without the possibility of parole.

     

The Insanity Defense

Insanity defense cases should be tried not by juries but by specially trained and credentialed judges. I have seen firsthand the debacle of naive and inexperienced judges struggling with complicated psychological testimony, ineptly charging juries, and generally remaining clueless throughout the proceedings. These judges should be given on-the-job training and assistance to become proficient in the application of psychological principles.

Dr. Barbara R. Kirwin, The Mad, the Bad, and the Innocent, 1997

Thornton P. Knowles On the Banality of Evil

In real life, evil is usually quite banal. Serial killers, for example, are more often than not ordinary looking and acting people. These killers often have regular jobs, families, and hobbies. On the surface they do not stand out. You could talk to a serial killer in line at Walmart and not have the faintest idea that you are conversing with a man who tortures and murders women. Evil is not only banal, it is all around us like the air we breathe. In crime fiction, however, the super villain cannot be banal. Hannibal Lecter is a good example of a fictitious serial killer. The bad guys in novels must be insidiously interesting or in some way weird. But in reality, Hannibal Lecter murder types are exceedingly rare. The banality of evil reality makes solving these murders all the more difficult.

Thornton P. Knowles 

Friday, December 8, 2017

The Emily Dearden Love Triangle Attempted Murder Case

     In 2013, 46-year-old Kenneth Dearden, a prominent real estate developer, resided with his wife Emily in a house they had purchased in 2000 for $562,000 in Yonkers, New York. The couple's two daughters lived with them in the house at 82 Ponfield Road West.

     Mr. Dearden, originally from Shrewsbury, Massachusetts, had served in the Air Force. He had a bachelor's degree in mechanical engineering from Cornell University and a masters from Rotterdam School of Management in the Netherlands. He and his wife were married in July 1996. He had founded his company, DW Capital Associates and was president of the Yonkers Downtown/Waterfront Business Improvement District.

     Emily Dearden, originally from Englewood, New Jersey, had a bachelor's degree in psychology from Northwestern University and master's degrees from Columbia University and Widener University. The 45-year-old held the position of senior psychologist for the New York City Police Department.

     At three-thirty in the morning of November 14, 2013, Kenneth Dearden awoke with a searing pain in his jaw. His pillow was soaked in blood and his wife Emily was not in bed with him in the master bedroom. Mr. Dearden made his way to the first floor where he found Emily lying on the family room floor with her eyes closed. After being quickly revived, she said an intruder had hit her in the head.

     At a nearby hospital, doctors determined that Mr. Dearden had been shot. The bullet had entered his head near the base of the skull and lodged in his left cheek after passing through one of his carotid arteries. (He spent eight days in the hospital and underwent three operations.) Mrs. Dearden did not seek medical attention.

     Later that morning, when detectives showed up at the Dearden house to investigate the shooting, they were surprised to find Mrs. Dearden washing her nightclothes instead of being at the hospital with her husband. Apparently unemotional over the fact an intruder had struck her in the head and shot her husband, she asked the officers if they had a warrant to search the dwelling. (Because it was a crime scene, they didn't need a warrant.)

     In the basement of the house, officers found four pistols, including two derringers, that were consistent with the caliber of the attempted murder weapon. The handguns belonged to Mrs. Dearden. She said they had been given to her by her father. (Forensic ballistics tests to match one of these firearms to the slug removed from the victim's head were inconclusive.)

     Detectives, from the onset of the case, questioned the home invasion theory. There were no signs of forced entry, the family Rottweiler who slept in a doggie bed outside the master bedroom had not awakened Mr. Dearden, the home intrusion alarm had not been activated, and nothing had been taken. In other words, Emily Dearden's story didn't make sense to the investigators.

     Detectives were also suspicious of the fact the victim's wife had waited until the next day to visit her husband at the hospital. Moreover, on the day of the shooting, she had met David Warren Roudenbush, a Texan with whom she had been having an on-and-off again affair with since early 2011, at a restaurant in Yonkers. Investigators wondered why she had chosen to meet with Roudenbush instead of visiting her husband in the hospital.

     The investigation into the attempted murder stalled. Detectives did not identify an intruder, and no charges were brought against the victim's wife. She remained a suspect, however.

     In August 2014, Emily Dearden filed for divorce. About this time NYPD officials relieved her as the department's senior psychologist. They reassigned her to "administrative duties."

     Kenneth Dearden, on November 14, 2014, in a Westchester County Court, filed a civil suit against his estranged wife. According to the lawsuit, the shooting had been a "sadistic attack by an adulterous wife on her husband." As for the motive behind the assault, the plaintiff accused the defendant of shooting him so she could keep the marital home, avoid a contentious divorce, and never have to admit her infidelities to her family and friends.

     According to Mr. Dearden's version of the case, David Warren Roudenbush, after divorcing his wife, had pressured Mrs. Dearden to leave him. As a result of the shooting, the victim claimed he suffered mental anguish and the fear of being attacked again.

     On November 21, 2014, the district attorney of Westchester County announced that Emily Dearden had been charged with attempted second-degree murder. Later that day the accused turned herself in to the authorities. At her arraignment hearing, the judge set her bail at $150,000 which she immediately posted to avoid going to jail. The judge ordered Emily Dearden to stay away from her husband and their children.

     Following the criminal charge, the suspended Dearden handed her NYPD identification card over to an Internal Affairs Bureau official. Her attorney told reporters that his client had not shot Mr. Dearden and that the lawsuit had been filed as retaliation for her having filed for divorce.

     Following her May 2015 indictment for attempted murder, assault, and criminal possession of a weapon, Emily Dearden pleaded not guilty at her arraignment hearing in Yorkers. Her attorney, Paul Bergman, told reporters that "Dr. Dearden is confident she will prevail in this case." If convicted as charged, the defendant will face up to 25 years in prison.

     In February 2017, Emily Dearden pleaded guilty to attempted first-degree murder. Judge Barry Warhit sentenced her to a three and a half year prison term.

     

Memorable Movie Dialogue

Some movie quotes become popular because they evoke a great film, or a great scene, or a great actor. Sometimes the words of the quote become proverbial--something like, "The natives are restless," or "If you build it they will come," or "Win one for the Gipper!" They enter into the language.

William Goldman in Leopold Todd, "What Makes a Movie Quote So Quotable?" CNN, August 22, 2014 

Thornton P. Knowles On Creative Writing As a Career

English teachers should not encourage their students to pursue careers as novelists. The crazy ones with big talent will get there on their own. The rest should be spared the misery.

 Thornton P. Knowles 

Thursday, December 7, 2017

Earl K. Shumway: The John Dillinger of Archaeological Looting

The Archaeological Resource Protection Act  

      The lobbying efforts of the Society for American Archaeology, an international organization dedicated to the research, interpretation, and protection of the archaeological heritage of the Americas, led to the passage of the Archaeological Resource Protection Act (ARPA), federal legislation signed into law in October 1979 by President Jimmy Carter. Under Title 16 of the United States Code, Sections 470 aa to 470 mm, ARPA preserves archaeological resources on federal and Indian lands with the aim to prevent the loss of irreplaceable artifacts that are part of the nation's cultural heritage.

     At its core, ARPA makes it a federal crime to excavate, remove, damage, alter, and/or deface (without a government permit) archaeological resources from protected areas. It is also a federal offense, under this law, to traffic interstate in artifacts acquired in violation of the act or in breach of local or state law. Under ARPA, an "archaeological resource" is an item of past human existence or archaeological interest more than a hundred years old.

     First-time ARPA offenders, in cases where the value of the artifacts and the cost of restoration and repair of the damaged archaeological site is less than $500, can be fined no more than $10,000 or imprisoned for more than a year. However, if the value or restoration costs exceed $500, the offender can be fined up to $20,000 and imprisoned for two years on each count. Repeat ARPA offenders can be fined $100,000 and sent to prison for five years on each count. Under ARPA, federal authorities can pursue violators civilly or in criminal court, imposing fines and confiscating vehicles and equipment used in the commission of the prohibited activity.

Looting Anasazi Artifacts

     Earl K. Shumway, the central figure in the country's first major ARPA case, came from a family of archaeological looters. Earl grew up in Moab, Utah, a Mormon town seventy miles north of the four corners village of Blanding, where, in June 2009, FBI and Bureau of Land Management (BLM) agents raided the homes of eleven ARPA defendants. DeLoy Shumway, Earl's father, spent years plundering Anasazi ruins for pottery and other artifacts in the Puebloan region of the Colorado Plateau in southeastern Utah. In the early 1980s, Earl's distant cousin, Casey Shumway, had the distinction of being the nation's first ARPA defendant convicted of the offense.

     From 700 to 1300, the Peublo (also referred to as the Anasazi) people grew beans and corn and built masonry structures--so-called cliff dwellings--into canyon alcoves that still show rock petroglyphs depicting animals, human figures, and prehistoric tools. Just before the turn of the fourteenth century, social upheaval and prolonged drought caused these people to migrate south. They never returned, but left in Utah's San Juan County alone, a place the size of Connecticut, 28,000 known archaeological sites.

     In 1850, Mormon settlers to southwestern Utah found, scattered virtually everywhere, prehistoric tools, flint projectile points, and shards of Anasazi pottery. The collecting of prehistoric pottery began in the late 1800s after Richard Wetherill and his brother, Colorado ranchers, discovered Anasazi ruins in Mesa Verdi. In the canyon cliff dwellings they found decorated pottery, jewelry, tools, sandals, and woven blankets. The brothers also discovered thousands of grave sites containing human skeletons wrapped in blankets.

     The Wetherill discoveries launched a lucrative trade in Native American artifacts fueled by competition between the Smithsonian and other U. S. museums, and a growing interest among the general pubic in Indian relic collecting.

     Up until 1930, archaeologists and curators at the University of Utah paid artifact hunters two dollars for every piece of pottery (called "pots" by collectors) they brought to the school. Earl Shumway's grandfather, in the 1920s, sold 370 pieces of Anasazi pottery to the university. In those days he could acquire up to seventeen pots in a single day, and in a productive month, dig up two hundred, many of which ended up in a local museum.

     Craig Childs, in his book Finders Keepers, chronicles the early relationship between the region's pot hunters and the university: "In the 1920s an archaeologist named Andrew Kerr from the University of Utah in Salt Lake appeared after he heard that an entire quarter of the state was filthy with archaeology right near the surface, graves practically springing from the ground. Kerr hired local residents to dig; his head diggers were members of the Shumway family who had already done a good deal of private excavation. The Shumways did most of the work while Kerr sat back. They showed him how to locate the best caches of artifacts, how to dig without breaking pots. Meanwhile, Kerr encouraged them and paid them to become even better at it. Showing little regard for scientific method, he wanted only the most visually stunning artifacts which he shipped back to the university museum."

     According to William Hurst, an archaeologist and lifelong resident of Blanding, Utah, Anasazi projectile points, tools, and pottery, during the 1950s and 1960s, were everywhere and easy to find. Most of the local collectors were surface hunters who picked up pieces from cultivated fields. In those days, collecting arrowheads in and around Blanding was like picking up seashells from a beach.

     A Blanding resident and artifact collector, speaking about what it was like in the 1950s and 1960s, said this to a journalist writing about the plundering of Anasazi sites: "This was our way of life. You could find artifacts just everywhere. You can go in any direction from Blanding and they'll be mounds and dwellings and arrowheads and artifacts." In the same article, Toni Turk, the then major of Blanding, also described how it was for collectors in those days: "The pottery was so commonplace that kids would use them for target practice, they would throw rocks at them. There was nothing particularly special about them. Some people started seeing in them some art value for themselves and they'd start collecting."

     Blanding mayor Turk also spoke of archaeological looters like Earl Shumway and his father. "Some people went in with heavy machinery. It took a lot of labor off the effort to dig up graves. They dug down to get the treasures. These are people who stepped across the lines of propriety. They got into looting graves and grave goods."

     According to Wayne Dance, the Assistant United States Attorney (AUSA) for the Utah District from 1990 to 2007, the prosecutor who targeted Earl Shumway and ended up prosecuting more ARPA subjects than any AUSA in the country, the bulk of Anasazi looting took place within a hundred mile, north-south corridor stretching from Moab to the town of Bluff on the edge of the Navajo Reservation near the Arizona state line.

The Earl K. Shumway Case

     In 1985, a federal grand jury sitting in Salt Lake City, indicted Earl K. Shumway, then twenty-five, on four felony counts in violation of the Archaeological Resources Protection Act. The fierce and flamboyant looter with the wild shock of red hair and matching mustache, had openly bragged about how much money he made selling Anasazi pottery, baskets, human remains, and other artifacts from hundreds of archaeological sites which he left littered with empty Mountain Dew cans.

     Because Shumway also boasted of carrying a .44 magnum revolver he'd use on anyone who'd confront him while digging for artifacts, federal agents despised and feared him. The AUSA charged Shumway with the removal and sale of thirty-four prehistoric baskets excavated from Horse Rock Ruin on federal land near Allen Canyon, Manti-La Sal National Forest in southeastern Utah. Shumway and his crew had been digging on this site since 1981. Tried and convicted in 1986, Shumway, to avoid serving time in prison, identified, for the FBI, a long list of artifact collectors living in Blanding. In turning snitch, he avoided prison and settled scores with collectors he didn't like. His information also led to a series of ARPA SWAT raids that year. All of those cases were eventually dropped.

     After informing on collectors, Earl Shumway returned to looting archaeological sites on federal land. In November 1994, a former Shumway business partner told the FBI that Shumway had been plundering artifacts at Horse Rock Ruin. The snitch said that Shumway had cheated him out of his share of the loot. Shortly after his arrest, Shumway pleaded guilty to three ARPA counts and a federal firearms charge. In return for his guilty plea, the judge sentenced the serial looter to probation.

     In June 1995, just seven months after Shumway's guilty plea, AUSA Wayne Dance, having successfully prosecuted forty ARPA defendants, convinced members of a federal grand jury in Utah to indict Shumway on a pair of four-year-old ARPA cases.

     In 1991, Shumway met helicopter pilot Michael Miller at a pool hall in Moab. After regaling Miller with stories of his archaeological adventures and the big money he made selling Anasazi pottery, baskets, and human remains, Miller contacted a helicopter pilot named John Ruhl and asked him to fly the pair around in search of potential sites. Shumway's father had taught Earl how to use aircraft in search for ruins. With diggers on the ground and a lookout in the sky, looters could easily avoid detection. Shumway, with Ruhl's knowledge, rented a  helicopter by telling Ruhl's employer he was a film scout.

     Ruhl flew Miller and Shumway to Dop-Ki Cave in Utah's Canyonlands National Park, a 350,000-acre tract where they dug up the skeleton of an infant wrapped in a blanket inside a burial basket. Shumway took the blanket and all of the bones except the skull. A few days later, Ruhl flew Shumway and Miller to Horse Rock Ruin where they spent the night. The next morning, Shumway dug up a pair of ancient sandals and a sleeping mat.

     At Shumway's November 1995 trial, AUSA Dance, through DNA analysis, connected the defendant to a cigarette butt found at the Dop-Ki Cave site. The jurors, based upon the first use of DNA evidence in an ARPA case, found Shumway guilty.

     Convicted of seven felony counts, Judge David K. Winder, appalled at Shumway's callous handling of the infant's remains, exceeded ARPA's punishment guidelines by sentencing the looter to six and a half years in prison. The judge also fined him $3,500. Shumway appealed his sentence to the Tenth Circuit Court of Appeals which reduced it to five years, three months.

     While being transported to prison, a group of Native American prisoners gave Shumway a severe beating. In 2003, three years after getting out of prison, Earl K. Shumway died of cancer. He was forty-six-years-old.