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AMBER Alert

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AMBER Alert

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Laura Bush and Rae Leigh Bradbury Wednesday, April 4, 2007, in Austin, Texas, after the 8-year-old introduced Mrs. Bush during the announcement of the future opening of the Texas Regional Office of the National Center for Missing and Exploited Children. Rae Leigh was the first child in the United States to be recovered as a result of an AMBER Alert when she was 8 weeks old in November 1998.

An AMBER Alert or a Child Abduction Emergency (SAME code: CAE) is a child abduction alert bulletin in several countries throughout the world, issued upon the suspected abduction of a child. AMBER is officially a backronym for “America’s Missing: Broadcasting Emergency Response” but was originally named for Amber Hagerman, a 9-year-old child who was abducted and murdered in Arlington, Texas in 1996. Exceptions are in Georgia, where it is called “Levi’s Call”,[1] named after Levi Frady; Hawaii, where it is called a “Maile Amber Alert”,[2] named after Maile Gilbert; and Arkansas, where it is called a “Morgan Nick Amber Alert”,[3] in memory of Morgan Chauntel Nick. Frady, Gilbert and Nick were all children who went missing in those states.
AMBER Alerts are distributed via commercial radio stations, satellite radio, television stations, and cable TV by the Emergency Alert System and NOAA Weather Radio[4][5] (where they are termed “Child Abduction Emergency” or “Amber Alerts”), as well as via e-mail, electronic traffic-condition signs, the LED billboards which are located outside of newer Walgreens locations,[6] along with the LED/LCD signs of billboard companies such as Clear Channel Outdoor, CBS Outdoor and Lamar,[7] and wireless device SMS text messages.
Those interested in subscribing to receive AMBER Alerts in their area via SMS messages can visit Wireless Amber Alerts, which are offered by law as free messages.[8] In some states, the display scrollboards in front of lottery terminals are also used. The decision to declare an AMBER Alert is made by the police organization investigating the abduction. Public information in an AMBER Alert usually consists of the name and description of the abductee, a description of the suspected abductor, and a description and license plate number of the abductor’s vehicle, if available.

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[edit] Activation criteria

An example of a July 2010 Amber Alert from Milwaukee, Wisconsin, where electronic LED billboards such as this one in Sheboygan, Wisconsin owned by Lamar are used to relay details of the incident to the public.

The alerts are broadcast using the Emergency Alert System, which had previously been used primarily for weather bulletins.[9] Alerts usually contain a description of the child and of their abductor.[10] To avoid both false alarms and having alerts ignored as a “wolf cry“, the criteria for issuing an alert are rather strict. Each state’s or province’s AMBER alert plan sets its own criteria for activation, meaning that there are differences between alerting agencies as to which incidents are considered to justify the use of the system. However, the U.S. Department of Justice issues the following “guidance”, which most states are said to “adhere closely to”:[11]

  1. Law enforcement must confirm that an abduction has taken place
  2. The child must be at risk of serious injury or death
  3. There must be sufficient descriptive information of child, captor, or captor’s vehicle to issue an alert
  4. The child must be 18 years old or younger[12]

Many law enforcement agencies have not used #2 as a criterion, resulting in many parental abductions triggering an Amber Alert where the child is not known or assumed to be at risk of serious injury or death.
It is recommended that AMBER Alert data immediately be entered into the Federal Bureau of Investigation‘s National Crime Information Center. Text information describing the circumstances surrounding the abduction of the child should be entered, and the case flagged as child abduction.
The Royal Canadian Mounted Police‘s (RCMP) requirements in Canada are nearly identical to the above list, with the obvious exception that the RCMP instead of the FBI is normally notified.[13] One may notify the other if there is reason to suspect that the border may be crossed.
When investigators believe that a child is in danger of being taken across the border to either Canada or Mexico, U.S. Customs and Border Protection, United States Border Patrol and the Canada Border Services Agency are notified and are expected to search every car coming through a border checkpoint. If the child is suspected to be taken to Canada, a Canadian Amber Alert can also be issued, and a pursuit by Canadian authorities usually follows. Mexico does not have a system similar to the Amber Alerts.[14]

[edit] History

On January 13, 1996, nine-year-old Amber Hagerman was abducted while riding her bicycle in Arlington, Texas. A neighbor who witnessed the abduction called the police, and Amber’s brother, Ricky, went home to tell his mother and grandparents what had happened. On hearing the news, Amber’s father, Richard, called Marc Klaas, whose daughter, Polly, had been abducted and murdered in 1993.
Richard Hagerman and Amber’s mother Donna Whitson called the news media and the FBI. The Whitsons and their neighbors began searching for Amber. Four days after the abduction, a man walking his dog found Amber’s body in a storm drainage ditch. Her killer was never found. Her parents soon established People Against Sex Offenders (P.A.S.O.). They collected signatures hoping to force the Texas Legislature into passing more stringent laws to protect children.
God’s Place International Church soon donated office space for the organization, and as the search for Amber’s killer continued, P.A.S.O. received almost-daily coverage in local media. Companies donated various office supplies, including computer and Internet service. Local Congressman Martin Frost, with the help of Marc Klaas, drafted the Amber Hagerman Child Protection Act. President Bill Clinton signed it into law in October 1996.
In July 1996, Bruce Seybert and Richard Hagerman attended a media symposium in Arlington. Although Richard had remarks prepared, on the day of the event the organizers asked Seybert to speak instead. In his 20-minute speech, he spoke about efforts that local police could take quickly to help find missing children and how the media could facilitate those efforts. A reporter from radio station KRLD approached the Dallas police chief shortly afterward with Seybert’s ideas. This launched the Amber Alert.
For the next two years, alerts were made manually to participating radio stations. In 1998, the Child Alert Foundation created the first fully automated Alert Notification System (ANS) to notify surrounding communities when a child was reported missing or abducted. Alerts were sent to radio stations as originally requested but included television stations, surrounding law enforcement agencies, newspapers and local support organizations. These alerts were sent all at once via pagers, faxes, emails, and cell phones with the information immediately posted on the Internet for the general public to view.
Following the automation of the AMBER Alert with ANS technology created by the Child Alert Foundation, the National Center for Missing and Exploited Children (NCMEC) expanded its role in 2002 to promote the AMBER Alert and has worked aggressively to see alerts distributed using the nation’s existing emergency radio and TV response network. “Amber’s Story” is a TV movie that was made about her tragic story.

[edit] National growth

An example of the information within an Amber Alert within an SMS text message. A description of the physical characteristics of the child and suspect, along with the make and model of the vehicle being used, is listed in the message, followed by a contact number for the investigating jurisdiction’s law enforcement department. This same information is transmitted to all media.

In October 2001, the National Center for Missing and Exploited Children launched a campaign to have AMBER Alert systems established nationwide. In February 2002, the Federal Communications Commission officially endorsed the system. In 2002, several children were abducted in cases that drew national attention. One such case, the kidnapping and murder of Samantha Runnion, prompted California to establish an AMBER Alert system on July 24, 2002.[9] According to Senator Dianne Feinstein, in its first month California issued 13 AMBER alerts; 12 of the children were recovered safely and the remaining alert was found to be a misunderstanding.[15]
By September 2002, 26 states had established AMBER Alert systems that covered all or parts of the state. A bipartisan group of over 20 US Senators, led by Kay Bailey Hutchison and Dianne Feinstein, proposed legislation to name an AMBER Alert coordinator in the U.S. Justice Department who could help coordinate state efforts. The bill also provided $25 million in federal matching grants for states to establish AMBER Alert programs and necessary equipment purchases, such as electronic highway signs. A similar bill was sponsored in the U.S. House of Representatives by Jennifer Dunn and Martin Frost.[15] The bill passed the Senate unanimously within a week of its proposal.[10] At an October 2002 conference on missing, exploited, and runaway children, President George W. Bush announced improvements to the AMBER Alert system, including the development of a national standard for issuing AMBER Alerts.[16] A similar bill passed the House several weeks later on a 390–24 vote.[17] A related bill finally became law in April 2003.[18]
The alerts were offered digitally beginning in November 2002, when America Online began a service allowing people sign up to receive notification via computer, pager, or cell phone. Users of the service enter their ZIP code, thus allowing the alerts to be targeted to specific geographic regions.[19]

[edit] International expansion

[edit] Canada

The program emigrated to Canada in December 2002, when Alberta launched the first province-wide system. At the time, Alberta Solicitor-General Heather Forsyth said “We anticipate an AMBER Alert will only be issued once a year in Alberta. We hope we never have to use it, but if a child is abducted AMBER Alert is another tool police can use to find them and help them bring the child home safely.”[20] The Alberta government committed to spending more than CA$1 million to expanding the province’s emergency warning system so that it could be used effectively for AMBER Alerts.[20] Other Canadian provinces soon adopted the system, and by May 2004 Saskatchewan was the only province that had not established an AMBER Alert system.[21] Within the next year, the program was in use throughout the country.

[edit] Ontario

Ontario furthered its reach beyond media and highway signs by offering AMBER Alerts on the province’s 9,000 lottery terminal screens.[22]
After the abduction and murder of Victoria Stafford a review of the AMBER Alert program was implemented in Ontario. There was some concern regarding the strict criteria for issuing the alerts – criteria that was not met in the Stafford case – that resulted in an alert not being issued. Ontario Provincial Police have since changed their rules for issuing an alert from having to confirm an abduction and confirm threat of harm, to believe that a child has been abducted and believe is at risk of harm.[23][24]

[edit] Australia

The Australian state Queensland implemented a version of the AMBER Alerts in May 2005.[25]

[edit] France

In February 2006, France‘s Justice ministry launched an apparatus based on the AMBER alerts named Alerte-Enl]

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January 13, 2012 Posted by | A, info, Legislative acts, Propaganda, ref, Uncategorized | , , , , , , , , , | Leave a comment

David Westerfield (Danielle Van Dam)

David Westerfield

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  (Redirected from Danielle Van Dam)
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David Alan Westerfield
Born February 25, 1952 (1952-02-25) (age 58)
U.S.
Charge(s) murder, kidnapping
Penalty capital punishment
Status incarcerated at San Quentin State Prison
Occupation self-employed engineer
Children 2

David Alan Westerfield (born February 25, 1952), of San Diego, California was convicted and sentenced to death for the murder and kidnapping of seven-year-old Danielle Van Dam in 2002. He was a successful, self-employed engineer who owned a luxury motor home and lived two houses away from Van Dam. A divorced father of two college students,[1] he is currently incarcerated at San Quentin State Prison.

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[edit] The crime

On the evening of February 1, 2002, a Friday, Brenda Van Dam and a couple of her friends went out to a bar. Her husband, Damon Van Dam, stayed behind to look after Danielle and her two brothers. Damon put Danielle to bed around 10:30 p.m., and she fell asleep. Damon also slept, until his wife returned around 2:00 a.m. with four of her friends. The six chatted for approximately a half hour, and then Brenda’s friends went home. Damon and Brenda went to sleep believing that their daughter was safely sleeping in her room. The next morning, Danielle was missing. The couple frantically searched their home for her, but never found her. They called the police at 9:39 a.m.
Law enforcement officials interviewed neighbors and soon discovered that Westerfield and another neighbor were not home that Saturday morning. Westerfield eventually arrived home driving his motor home approximately 8 AM Monday. From that point on, he became the prime suspect. Westerfield stated that he didn’t know where Danielle could be, and that he was at the same bar that Brenda had attended with her girlfriends. Brenda was able to confirm this, but denied that she and Westerfield had danced together, as he had claimed. Two eyewitnesses testified to seeing them dance together, however. At the trial, Brenda said she could not remember if she danced with him or not. Two days after Danielle Van Dam went missing a haggard and bare-footed David Westerfield showed up at a dry cleaners dropping off two comforters, two pillow covers, and a jacket that would later yield Danielle Van Dam’s blood. When law enforcement first interviewed Westerfield he did not mention going to the dry cleaners.[2] Westerfield then said that he had driven around the desert and the beach and stayed at a campground. Law enforcement put Westerfield on 24 hours surv

eillance from February 4,[3] as they found it suspicious that he had given his RV a cleaning when he returned from his trip. The RV, his SUV, and other property was impounded for testing on February 5.[4]
About three days before Danielle Van Dam’s disappearance, Danielle and her mother, Brenda, sold Girl Scout cookies to Westerfield who invited them into his home and chatted with Brenda.

[edit] Arrest

On February 22, police arrested Westerfield for Danielle’s kidnapping after two small stains of her blood were found on his clothing and in his motor home. Danielle’s severely decomposed body was found February 27.[5] His attorneys suggested the police were in a rush to solve the case, and had never considered other suspects. Westerfield did not have a criminal record.

[edit] The trial

Westerfield pleaded not guilty, and went on trial on June 4, 2002. During the trial, Westerfield’s lawyers, Steven Feldman and Robert Boyce, suggested that child pornography found on Westerfield’s computer might have been downloaded by Westerfield’s 18-year-old son, Neal. Neal denied this.[6] Part of Westerfield’s defense focused on the lifestyle of Danielle Van Dam’s parents. The defense suggested that the couple were known for letting each other have sex with other people, and claimed that this lifestyle might have brought the kidnapper to their home.[7] Westerfield’s lawyers charged that he was improperly interrogated for more than nine hours by detectives who ignored his repeated requests to call a lawyer, take a shower, eat, and sleep.[8]
The trial lasted two months and concluded on August 8. On August 21, the jury found him guilty of kidnapping and first degree murder. He also received an additional conviction for a misdemeanor charge of possessing images of subjects under the age of 18 in a sexual pose on his computer.
There was an outrage after the trial when the evidence of the prior plea talks (see below) surfaced in the media. Many people were concerned Westerfield’s attorneys misled the jury by fabricating the unknown kidnapper scenario when they clearly knew their client was involved in the crime because he knew the location of the body. Bill O’Reilly, host of The O’Reilly Factor talk show on the Fox News Channel, called the conduct of Westerfield’s attorneys “an outrage”. He promised to file an ethics complaint with the San Diego Bar Association against Westerfield’s two lead attorneys, Steven Feldman and Robert Boyce.[9]

[edit] Entomology

The science of entomology was a major focus during the trial. Three entomologists, consulted by the defense, testified that flies first laid eggs on Van Dam’s body sometime in mid-February, long after Westerfield was under police surveillance.[10] On the other hand, one of these entomologist, David Faulkner, conceded under cross-examination that his time estimate was based mostly on the fly larvae, and that his research could not determine a maximum time her body was outside. The other forensic entomologist, Neal Haskell, using a weather chart prepared by forensic artist James Gripp, stated that the warm temperatures made it likely that insects immediately colonized Danielle’s corpse. The third entomologist, Dr. Robert Hall, estimated initial insect infestation occurred between February 12 and February 23. However, under cross-examination Hall acknowledged that the insect infestation of the corpse wasn’t “typical” because so few maggots were found in the girl’s head. Prosecutor Jeff Dusek questioned Hall about why his calculations were compiled through a method less favorable to the prosecution and why he criticized the findings of the prosecution’s entomologist, Dr. Madison Lee Goff, and favored the entomologist hired by the defense. Goff testified the infestation may have occurred February 9 to February 14, but stressed that other factors may have delayed insect arrival.[11] He explained that a covering, such as a blanket, might have kept flies at bay initially, but no covering was found, and he later said the longest delay by such a shroud was two and a half days.[12]

[edit] Pornography

Some of the computers and loose computer media in Westerfield’s office contained homosexual pornography. His attorneys, however, claimed that police once reported not finding child pornography although gay porn was present.[13] According to the prosecution computer expert, James Watkins, 100,000 images were found, including 69,000 nude images that could be considered homosexual pornography.[14] The material included brief movie clips found in Westerfield’s office which featured a caucasian male being penetrated in the anal region by another man of African decent. These clips, including sound of the

girl struggling, were played in the courtroom.[14] In all, two sets of movie clips, six animated cartoons, and 13 still images taken from computers, zip disks, or CD-Roms in David Westerfield’s home were shown, each featuring underage girls.[14]
Westerfield denied that this was for his enjoyment, and claimed that he was accumulating the images so he could send them to Congress as examples of smut on the Internet.[15]

[edit] Selby confession

In 2003, after Westerfield’s conviction, James Selby wrote to the police confessing to the Van Dam murder. He was wanted for raping women in San Diego in 2001, and for kidnapping a 9-year-old Oklahoma girl from her bedroom in the middle of the night and raping her in 1999, and was charged with a spring 2001 sexual assault on a 12-year-old girl in Sparks, Nevada, but police don’t believe that he murdered Van Dam. Prosecutor Jeff Dusek, who did read the confession, viewed it as not credible. It is believed that James Selby was in the Tucson, Arizona area when Van Dam was kidnapped in February 2002. Selby is believed to be responsible for a series of rapes in Arizona from October 2001 to May 2002. Selby – a divorced father of three – worked as a handyman and machinist and traveled often between San Diego and Tucson. He had a prior rape conviction in Colorado. In addition, Selby admitted responsibility in the slaying of JonBenét Ramsey.[16] According to Deputy County Attorney Bradley Roach, “It was an aspect of his personality to confess to something to see what other people would say,” said Roach. Selby committed suicide in his jail cell on November 22, 2004.[17]

[edit] Conclusion

In January 2003, a California judge sentenced David Westerfield to be executed. He was transported to San Quentin State Prison. He is currently enrolled in the Handicraft program at San Quentin State Prison. The Van Dams sued Westerfield, but the case was settled out of court. The Van Dams were awarded $416,000 from several insurance companies who insured Westerfield’s home, SUV, and motor home. The settlement also prevented Westerfield from ever profiting from his crime.[18]
When the trial was over, the media, quoting unnamed police sources, reported that Westerfield’s lawyers were just minutes away from negotiating a plea bargain when a private citizen’s group, started by the Laura Recovery Center and concerned local citizens, found Danielle’s body. According to these reports, under the deal, Westerfield would have taken police to the site where she was located in exchange for life without parole.[19] Both the prosecution and the defense declined to comment on these reports.[20][21]
During the penalty phase of the trial, Mr. Westerfield’s nineteen-year-old niece testified that, when she was seven years old, her uncle entered his daughter’s bedroom, where the niece was spending the night with her parents while attending a party, to check on the kids, and woke up finding him rubbing her teeth, and said she bit his finger as hard as she could. She went downstairs to tell her mother. Mr. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he was trying to comfort her. The incident was then forgotten.[22]
In the months following the end of the trial audio tapes of Westerfield being interviewed were released to the media. In one police interview he tells investigators that he doesn’t feel emotionally stable. He is told that he failed a polygraph test. Westerfield tells him that he wants a retest and that he was not involved in Danielle’s disappearance.[23]
In the interrogation video tape made at the time of his first interview (02-05-2002), near the end of the interview Westerfield, who is given a momentary pause in the interview while one of the two officers leaves the room, puts his head down on the table. At 18:51:40 (timecode on the video tape) the remaining officer asks him, “Want to be left alone?” to which Westerfield replies, “No, it’s okay.” He then lifts his head and looks directly at the officer, pats the table beside him with his left hand and says, “If you wanted to leave your gun here for a few minutes, I’d appreciate it” in a seemingly sincere request to commit suicide if only given the opportunity. When the officer decries the choice as “silly,” Westerfield makes a brief comment and then lays his head back down on the table.[24]
It was recently revealed in an animal forensic show from US TV netwo

rk, Animal Planet, that the girl’s dog played a huge witness to the crime. The dog, a weimaraner, was said to have rubbed and played a lot with the young girl and the fur was transferred from her pajamas to the interior of Mr. Westerfield’s automobile. Also, clothing and other areas of location including above said bed sheets and comforters contained dog fur. Hinted in the show too, was the evidence of blood and a hand print matching that of Danielle were located within Mr. Westerfield’s automobile. Mr. Westerfield is currently still sitting on death row awaiting execution.
The following years after the murder have led to higher states of awareness in San Diego’s neighborhoods as well as the institution of funds and benefits made in her honor. The local elementary school that Danielle attended set up a portion of the park/open public area to be dedicated to the child. Her family still lives in Southern California and are active speakers for stricter guidelines for sexual predators and early warning signs.

[edit] References

  1. ^ Ryan, Harriet, Court TV (June 11, 2002),“Detective: Westerfield appeared nervous when asked about his whereabouts”. Retrieved on December 26, 2006.
  2. ^ “San Diego Union Tribune”. “Clerk says defendant was ‘very distant'”. http://www.signonsandiego.com/news/metro/danielle/20020618-9999_1m18westy.html. Retrieved November 8, 2006. 
  3. ^ Ryan, Harriet, Court TV (June 6, 2002), “Grieving mother recalls day she found her daughter missing”. Retrieved on December 18, 2006.
  4. ^ Hughes, Joe, San Diego Union-Tribune (February 7, 2002), “Anxiety, worries grip missing girl’s parents”. Retrieved on September 24, 2006.
  5. ^ Court TV (February 28, 2002), Missing 7-year-old girl believed found near wooded area outside San Diego . Retrieved on October 9, 2006
  6. ^ “CourtTV”. “Westerfield’s son takes stand against him”. http://www.courttv.com/trials/westerfield/072402_ctv.html. Retrieved January 16, 2007. 
  7. ^ “San Diego Tribune”. “‘Girls’ night out’ under scrutiny”. http://www.signonsandiego.com/news/metro/danielle/20020610-9999_1n10resume.html. Retrieved January 16, 2007. 
  8. ^ Court TV (June 3, 2002),“A ‘little girl lost’ is found dead, allegedly killed by neighbor”. Retrieved on January 16, 2007.
  9. ^ “Ethics: In Defense of David Westerfield’s Attorneys”. Los Angeles County Bar Association. http://www.lacba.org/showpage.cfm?pageid=2740. 
  10. ^ “CourtTV”. “When Was Danielle Van Dam Killed?”. http://www.courttv.com/trials/westerfield/timeline/time_of_death.html. Retrieved September 19, 2006. 
  11. ^ “San Diego Union Tribune”. “Jury appears weary of sparring by insect experts”. http://www.signonsandiego.com/news/metro/danielle/20020802-9999_1m2flies.html. Retrieved September 19, 2006. 
  12. ^ Ryan, Harriet, Court TV (July 30, 2002), “Prosecution’s bug expert struggles on stand”. Retrieved on October 8, 2006.
  13. ^ Roth, Alex, San Diego Union-Tribune (March 7, 2002), “Detectives’ bid to visit Westerfield protested – Attorneys contend his rights violated”. Retrieved on October 14, 2005.
  14. ^ a b c Bean, Matt, Court TV (June 25, 2002), Jury sees graphic homosexual pornography taken from Westerfield’s home. Retrieved on October 8, 2006.
  15. ^ “San Diego Union Tribune”. “Child killer has proclaimed innocence in cards, visits”. http://www.signonsandiego.com/news/metro/danielle/20030103-9999_1n3wester.html. Retrieved October 16, 2006. 
  16. ^ “KFMB stations, San Diego, California”. “Local 8 News Exclusive David Westerfield’s Letters from Death Row Part 2”. http://www.kfmb.com/features/special_assignment/story.php?id=11192. Retrieved October 6, 2006. [dead link]
  17. ^ “Tucson Citizen”. “Rapist’s ‘confessions’ could reopen a case”. http://www.tucsoncitizen.com/print/local/041905a5_selby. Retrieved October 6, 2006. 
  18. ^ “CourtTV”. “Van Dams settle civil suit against daughter’s killer”. http://www.courttv.com/trials/westerfield/051403_ctv.html. Retrieved January 16, 2007. 
  19. ^ “San Diego Union Tribune”. “Plea deal ‘minutes away’ when body found “. http://www.signonsandiego.com/news/metro/danielle/20020917-9999_1n17bargain.html. Retrieved January 17, 2007. 
  20. ^ Roth, Alex, San Diego Union-Tribune (December 12, 2002), “A chat room helped Westerfield prosecutors”. Retrieved on June 23, 2003.
  21. ^ Roth, Alex, San Diego Union-Tribune (January 3, 2003), “Child killer has proclaimed innocence in cards, visits”. Retrieved on October 16, 2006.
  22. ^ Ryan, Harriet, Court TV (August 27, 2002), Niece says Westerfield fondled her when she was 7. Retrieved on January 14, 2007.
  23. ^ San Diego Union Tribune(January 9, 2003) “Westerfield failed polygraph test” access date September 19, 2006
  24. ^ SignOnSanDiego.com, 2003.

[edit] External links

January 13, 2012 Posted by | D, info, ref, Uncategorized | , , , , , , , , | Leave a comment

Faked kidnappings

Faked kidnappings

  • Aimee Semple McPherson, evangelist who maintained she was kidnapped while all evidence pointed to the contrary.

January 13, 2012 Posted by | A, F, info, ref, Uncategorized | , , , , , , , | Leave a comment

Jacob Wetterling

Jacob Wetterling

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Jacob Erwin Wetterling in 1989

Jacob Erwin Wetterling (born February 17, 1978 – ?) is a boy from St. Joseph, Minnesota who was kidnapped from his hometown at the age of 11 on October 22, 1989. His fate remains unknown.

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[edit] Kidnapping

Jacob, his brother, and a friend were bicycling home from a convenience store when a masked gunman came out of a driveway and ordered the boys to throw their bikes into a ditch and lie down on the ground. He then asked each boy his age. Jacob’s brother and friend were told to run toward a nearby wooded area and not look back or else he would shoot them. After a short run, both boys did look back and saw the gunman grab Jacob by the elbow and walk him away. The whereabouts of Jacob and the identity of the gunman are still unknown.

[edit] Continuing investigation

The investigation into Jacob’s abduction continues. In 2004, some new reports appeared in the local press. A long-held belief that the abductor got away in a car was abandoned. It was also revealed that ten months prior to the Wetterling abduction another boy had been kidnapped, placed into a car, and sexually assaulted before being released. The modus operandi was similar to that in the Wetterling case: the man used a gun and upon releasing the boy told him to run and not look back or else he would be shot. That incident occurred ten miles from the location where Jacob, his brother, and friend were stopped.[1]
The Charley Project has sketches of a man believed to have abducted Jacob and sexually assaulted the other boy in 1989.[2]
In early 2009, Milwaukee police discovered child pornography and an alleged video of Wetterling taken before the abduction in the home of Vernon Seitz, 62, of the St. Francis, Wisconsin area. Seitz had died in his home, but officers asked for additional assistance after the pornography was discovered. Along with the child pornography, articles involving missing children and maps of the cities those children were missing from were found in Seitz’s home.[3]
On June 30, 2010 investigators with search warrants descended upon a farm near the abduction site. “Items of interest” were found when hauling away six truckloads of dirt from the site for evidence. However, it was revealed in late September that testing was unable to “establish, distinguish or identify potential evidence.[2]

[edit] Advocacy

Four months after Jacob’s abduction, his parents, Jerry and Patty Wetterling, formed the Jacob Wetterling Foundation, an advocacy group for children’s safety. In 1994, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, more simply known as the Jacob Wetterling Act, was passed in his honor. It was the first law to institute a state sex-offender registry.[4] The law has been amended a few times, most famously by Megan’s Law in 1996.
The Bridge of Hope is named in honor of Jacob. Patty
Wetterling ran unsuccessfully for U.S. Representative from the Sixth Congressional District of Minnesota in 2004 and 2006.
Jacob is a featured child in the Polly Klaas Foundation.
If Jacob is still alive he would be 32 years old today.

[edit] See also

[edit] References

  1. ^ Steve Irsay, Court TV (c. 2002), The Search for Jacob[dead link]
  2. ^ “The Charley Project”. “Jacob Erwin Wetterling”. http://www.charleyproject.org/cases/w/wetterling_jacob.html. Retrieved June 28, 2007. 
  3. ^ “Child Porn, Cannibalistic Texts Found in Dead Man’s Home” (c. 2009), [1]
  4. ^ Ramirez, Jessica. “The Abductions That Changed America”, Newsweek, 29 January 2007, pp. 54–55.

[edit] External links

Persondata
Name Wetterling, Jacob
Alternative names
Short description
Date of birth 1978
Place of birth
Date of death
Place of death

January 13, 2012 Posted by | info, J, ref, Uncategorized | , , , , , , , | Leave a comment

Jessica Lunsford

Jessica Lunsford

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Jessica Lunsford
Born Jessica Marie Lunsford
October 6, 1995(1995-10-06)
Gastonia, North Carolina, U.S.
Died February 27, 2005(2005-02-27) (aged 9)
Homosassa, Florida, U.S.

Jessica Marie Lunsford (October 6, 1995 – February 27, 2005) was a nine-year-old girl who was abducted from her home in Homosassa, Florida in the early morning of February 24, 2005. Believed held captive over the weekend, she was raped and later murdered by 47-year-old John Couey who was living nearby. The media covered the investigation and trial of her killer extensively. On August 24, 2007 a judge in Inverness, Florida sentenced Couey, a convicted sex offender, to death for kidnapping, raping, and murdering Jessica.

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[edit] Abduction, rape and murder

Couey stated in an audio/videotaped confession that he had abducted, raped, and murdered Jessica Lunsford.[1] A judge ruled on June 30, 2006 that Couey’s confession was inadmissible in court because when it was recorded police had not granted Couey’s requests for a lawyer, thereby rendering the confession invalid and unreliable under the Fifth and Sixth Amendments. Over Couey’s objection, the trial court ruled that all evidence collected after the confession, including the recovery of Lunsford’s body, would be admitted, as would incriminating statements allegedly made by Couey to investigators and a jail guard.[2]
The judge in Jessica Lundsford’s murder trial of 2007 did not permit Couey’s defense lawyer to use as evidence pornographic images found in the delete bin of Mark Lunsford’s computer by police in Florida.[3] None of the images had been downloaded, filed or saved.[4]

[edit] Couey’s confession

Couey’s confession alleged the following:
Couey entered Lunsford’s house through an unlocked door at about three o’clock in the morning, awakened Lunsford, told her “Don’t yell or nothing”, and told her to follow him out of the house.[5] He occupied a trailer along with two women, some 100 yards (91 m) away, at the time of Lunsford’s abduction.[6] He admitted in a videotaped and recorded deposition to raping Lunsford in his bedroom. Lunsford was kept in Couey’s bed that evening, where he raped her again in the morning. Couey put her in his closet and ordered her to remain there, which she did as he reported for work at “Billy’s Truck Lot”.[5] Three days after he abducted her, Couey tricked Jessica into getting into two garbage bags by saying he was going to ‘take her home’. He instead buried her alive as he decided he could do nothing else with the girl. He said he ‘Didn’t want people seeing him and Lunsford across the street.’[citation needed]
On March 19, 2005, the police found Lunsford’s body at a residence located on West Sparrow Court, buried in a hole approximately 2½’ deep and 2′ circular, covered with leaves. The body was removed from the ground and transported to the coroner’s office. Her body had undergone “moderate” to “severe” decomposition and according to the publicly released autopsy reports was skeletonized on two fingers that Lunsford had poked through the bags before suffocating to death. The coroner ruled that death would have happened even in best circumstances within 2–3 minutes from lack of oxygen.[citation needed]

[edit] Arrest of John Couey

After approximately three weeks of intense searching for Lunsford around the area of her home, John Couey, age 47,[7] was arrested in Savannah, Georgia for an outstanding warrant of cannabis possession, but he was released after questioning because it was only a local warrant. He was later arrested in Augusta, Georgia. On March 18, 2005, Couey confessed to having kidnapped and murdered Lunsford. On March 19, 2005 police found Lunsford’s body buried in a hole, covered with leaves, near a residence on West Sparrow Court. On March 7, 2007, Couey was found guilty in Florida of all charges in relation to Lunsford’s death, including first degree murder, kidnapping, and sexual battery. On March 14, 2007, the jury recommended the death penalty. The case was appealed to the Florida Supreme Court. Couey continued to maintain that he was innocent until his death in September 2009.[citation needed]

[edit] Death of John Couey

On August 24, 2007, Couey was sentenced to the death penalty, in addition to 3 consecutive life sentences. However, on September 30, 2009, before the sentences could be carried out, Couey died from natural causes.[8]

[edit] Jessica Lunsford Act

Following her death, her father, Mark Lunsford, pursued new legislation to provide more stringent tracking of released sex offenders. The Jessica Lunsford Act was named after her. It requires tighter restrictions on sex offenders (such as wearing electronic tracking devices) and increased prison sentences for some convicted sex offenders.[9] Jessica’s Law refers to similar reform acts initiated by other states.

[edit] Joshua Lunsford sexual offense case

Almost two years after Mark Lunsford‘s nationwide campaign to significantly increase the sentences and release conditions for sex offenses, Jessica Lunsford’s older brother, Joshua Lunsford, was charged in Clark County District Court with “unlawful sexual conduct with a minor.” The incident involves a 14-year-old girl outside of the Upper Valley Mall in Springfield, Ohio.[10][11][12] Joshua Lunsford was 18 at the time.[13] Joshua wore a shirt emblazoned with a photograph of his slain sister to court on the day that he originally pled “not guilty”,[14] which has become a source of significant criticism against the Lunsfords.[15] In July 2007, Joshua Lunsford accepted a plea bargain in which the original charge of unlawful sexual conduct with a minor, a felony offense subject to sex offender registration, was dropped to a misdemeanor charge of unlawful sexual conduct.[16] He was ordered to undergo “sex offender assessment,” but the law under which the plea was made does not call for mandatory sex offender registration.
Joshua Lunsford subsequently was convicted in 2009 of disorderly conduct and had a restraining order against him invoked. In April 2010 Lunsford applied to the Clark County OH Municipal Court to have his sex offense expunged.

[edit] Wrongful death / negligence lawsuit

On February 19, 2008, almost three years to the day after her kidnapping and murder, Jessica’s father was represented by Jacksonville, Florida lawyers in a pre-trial brief filed against the Citrus County Sheriff’s Office and the Florida Department of Law Enforcement.[17] After receiving notice of the pending suit, Citrus County Sheriff Jeff Dawsy stated that he believed the case to be “baseless… There is only one person in the world that should be held responsible for Jessica Lunsford’s death and that’s John Couey.”[18]
Following complaints and suggestions from Citrus County residents that the pending litigation was being pursued out of greed and that had he been a better father his child may still be alive[19], Mark Lunsford and Jacksonville-based attorneys Eric Block and Mark Gelman held a news conference in Jacksonville, where it was stated that the pending litigation was “not for the money… but for change.” Lunsford stated that changes were needed in procedures and policies. It is alleged that Couey had Jessica Lunsford alive in the trailer while Citrus County officials visited the trailer, that police dogs indicated Jessica was being held in the direction of the trailer and were ignored, that Citrus County officials actively pursued Mark Lunsford’s father as their prime suspect while evidence pointed elsewhere, and that had Citrus County officials followed up on an outstanding warrant issued by Georgia, that Citrus County officials could have entered Couey’s residence and possibly saved the child.[19][20][21]

[edit] References

  1. ^ Partial transcript of Video Confession of Couey, CNN.com
  2. ^ Ross, Jim. “Judge: Couey confession out” St. Petersburg Times, June 30, 2006
  3. ^ “Jury selection begins in Lunsford murder trial”, USA Today: “Howard ruled that defense attorney Dan Lewan could not question Mark Lunsford about his finances or introduce evidence of pornography found in the delete bin of a computer in his home after his daughter disappeared.”
  4. ^ “State attorney says computer records don’t warrant charges” Citrus County Chronicle (PDF copy of original article, archived at AngryOffender.com)
  5. ^ a b Bruno, Anthony. Jessica Lunsford: Death of a 9 year old”, CourtTV CrimeLibrary
  6. ^ “Drifter says he held girl three days”, CNN.com, 24 June 2005
  7. ^ Perez, Mabel. “Judge throws out Couey confession”, The Ocala Star Banner, July 1, 2006
  8. ^ Template:Cite John Couey died from cancer.. alone in his cell…cozmic.news
  9. ^ Ramirez, Jessica. “The Abductions That Changed America”, Newsweek, 29 January 2007, pp. 54–55.
  10. ^ “Brother of Jessica Lunsford Faces Sex Charges”, WHIO TV, May 25, 2007
  11. ^ “Jessica Lunsford’s Brother Charged With Sex Crime”, South Beach NBC 6.
  12. ^ “Lunsford’s brother charged with a sex crime”, USA Today.
  13. ^ “State attorney says computer records don’t warrant charges”, The Citrus County Chronicle
  14. ^ “Jessica Lunsford’s Brother Charged With Sex Crime” NBC 6
  15. ^ “Bubba the Love Sponge Accuses Mark Lunsford of Exploiting His Daughter’s Rape and Murder” Tampabay.com blogs
  16. ^ “Lunsford’s son sentenced in fondling case”, St. Petersburg Times.
  17. ^ “Local attorney plans suit on behalf of Lunsford family”. February 21, 2008. http://www.bizjournals.com/jacksonville/stories/2008/02/18/daily31.html. Retrieved 2008-02-27. 
  18. ^ “Lunsford Plans to Sue Sheriff’s Office”. February 21, 2008. http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=103005. Retrieved 2008-02-27. 
  19. ^ a b “Mark Lunsford to reveal new details of his lawsuit in Jacksonville today”. February 25, 2008. http://www.abcactionnews.com/mostpopular/story.aspx?content_id=50383833-bf05-4016-8f3c-a31ca6b0b040. Retrieved 2008-02-27. 
  20. ^ “‘Not about the money'”. CNN. February 26, 2008. http://www.cnn.com/video/#/video/crime/2008/02/26/bts.lunsford.lawsuit.bay. Retrieved 2008-02-27. 
  21. ^ “Mark Lunsford’s allegations announced and Sheriff Jeff Dawsy’s response”. February 26, 2008. http://www.abcactionnews.com/mediacenter/local.aspx?videoid=7073@wfts.dayport.com&navCatI

    d=3. Retrieved 2008-02-27. 

[edit] External links

Persondata
Name Lunsford, Jessica
Alternative names
Short description
Date of birth October 6, 1995
Place of birth Gastonia, North Carolina, U.S.
Date of death February 27, 2005
Place of death Homosassa, Florida, U.S.

January 13, 2012 Posted by | info, J, ref, Uncategorized | , , , , , , , | Leave a comment

Jessica’s Law

Jessica’s Law

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Jump to: navigation, search

Jessica’s Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to punish sex offenders and reduce their ability to re-offend. A version of Jessica’s Law, known as the Jessica Lunsford Act, was introduced at the federal level in 2005 but was never enacted into law by Congress.
The name is also used by the media to designate all legislation and potential legislation in other states modeled after the Florida law. Forty-two states have introduced such legislation since Florida’s law was passed.[1]
The law is named after Jessica Lunsford, a young Florida girl who was raped and murdered in February 2005 by John Couey, a previously convicted sex offender. Public outrage over this case spurred Florida officials to introduce this legislation. Among the key provisions of the law are a mandatory minimum sentence of 25 years in prison[2] and lifetime electronic monitoring[3] of adults convicted of lewd or lascivious acts against a victim less than 12 years old. In Florida, sexual battery or rape of a child less than twelve years old is punishable by life imprisonment with no chance of parole.[4]

Contents

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[edit] Jessica Lunsford Act

The Jessica Lunsford Act (H.R. 1505 of the 109th Congress), was a proposed federal law in the United States — modeled after the Florida state law — which, if adopted, would have mandated more stringent tracking of released sex offenders.

[edit] Bill objectives

The bill, if passed, would have reduced federal grant money under the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. § 14071) and Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3765) to any U.S. Statethat failed to conform its sex offender registration laws to the following:

  • Sex offenders would have been required to wear Global Positioning System devices on their ankles for five years following their release from prison, or for life for those deemed sexual predators, to better enable law enforcement personnel to track their whereabouts. The costs of tracking and monitoring offenders would have been absorbed by each State.
  • States would have been required to mail sex offender registration forms at least twice per year, at random times, to verify registrants’ addresses. Any registrants who did not respond within 10 days would have to be considered non-compliant.

The bill was introduced by U.S. Republican Congresswoman Ginny Brown-Waite from Florida on April 6, 2005. It had 107 cosponsors and was referred to a subcommittee of the House Judiciary Committee, but it was never voted upon (either by any committee or the full Congress), and it died when the 109th Congress finally adjourned.

[edit] Controversy and criticism

Some controversy exists regarding how a person becomes labeled as a sex offender. Most Americans believe that the registry lists convicted child molesters when in actuality, some offenders listed on the Registries have been convicted of non-violent offenses, which involve no visible victim or no physical contact. An example of such would include online talk with an undercover police officer posing as an underage minor. Teenagers involved in a consensual sexual relationship, known as “Romeo and Juliet” relationships, with the male or female partner considered underage in the eyes of the law, may also be listed as sex offenders on the nation’s registries. However, they would not be affected by a Jessica’s Law such as the one in Florida, since such laws only apply to adults who have committed offenses with victims under the age of 12. Most charged persons lack adequate funding for a legal defense to fight such charges. The result is a plea bargain, which in some states, is followed by automatic sexual-offender registration regardless of judicial discretion, such as decreed by Florida Statute 943.0436.[5]
Registration is for 20 years to life, requiring psychological therapy with a wide range of evaluation and treatment for the sex offender. That determine the risk to re-offend, amenability for outpatient treatment and specific treatment and supervision needs, psychosexual evaluation conducted according to the guidelines of the Association for Treatment of Sexual Abusers (ATSA). Evaluations include a review of criminal records/victim statements, a battery of psychological tests, clinical interviews (conducted over a series of appointments to help the offender overcome denial) and psycho-physiologic sexual arousal patterns involving penile phallometry(PPG)[6] testing for sexual offenders that is typically used to determine the level of sexual arousal as the subject is exposed to sexually suggestive content, such as pictures, movies or audio. It has been demonstrated by most studies to be the most accurate method of identifying which sexual offenders will go on to commit sexual crimes against children, although there are clinicians who have noted that this does not mean the test is appropriate for the evaluation of sexual preferences or treatment effects. The penile phallometry (PPG) is a highly controversial and invasive procedure in itself. Advocates against such legislation believe politicians have run unchecked with this issue, due to guaranteed press coverage, easy votes and the guarantee of federal funding for law enforcement with the passage of one new sex offender law annually. An overhaul of the nation’s registries through the incorporation of a tier level system is advocated as a method which would allow the public to more accurately determine the risk of a registered offender living in their neighborhood while allowing law enforcement to more effectively supervise those considered truly dangerous not only to children but also to women and the elderly.

[edit] Constitutionality

The constitutionality of various versions of Jessica’s Law are sometimes criticized by the courts;[7][8][9] some of these challenges are attracting support from law enforcement agencies, parole boards, and mental health professionals tasked with the treatment of sexual offenders top

[edit] Impact on offender’s family members

Advocates for convicted sex offenders claim that the civil rights of convicted persons and their non-offending family members is forever affected, long after the punishment has ended. Internet publication of sex offenders home addresses continues to be upheld by the court in the name of public safety, although April 2006 vigilante type murders in Maine[10] have brought new concerns of misuse of the registry and for the safety of nonoffending family members by private parties. Missouri civil rights attorney Arthur Benson currently waits decision from the Missouri Supreme Court regarding the Sex Offenders Registration Act SORA Litigation, Jane Doe I, et al. v. Thomas Phillips et al.[11] which “contends the act violates substantive due process rights and equal protection rights because it infringes on fundamental liberty rights, imposes a lifetime stigma, has no express purpose and, even if it serves a compelling interest, is not narrowly tailored or rationally related to that interest. They assert that, if the act is deemed to be criminal in nature, it violates the prohibition against ex post facto laws because it imposes an additional punishment, thereby altering the consequences for a crime for which they already have been sentenced.”

[edit] In the media

John Walsh of America’s Most Wanted and Bill O’Reilly of The O’Reilly Factor have been vocal proponents of Jessica’s Law, arguing that children have to be protected and that child sex offenders have to be held to a much higher standard. O’Reilly points out that the states of Colorado, Wyoming, Idaho, New Jersey, Massachusetts, Hawaii and Vermont have shown reluctance and refused to pass a Jessica’s Law in their respective state legislatures.[12] He claims that Utah, North Carolina and New Mexico are inconclusive while all other states are either moving in the direction of passing a Jessica’s Law or have already passed some form of it. North Carolina passed the Jessica Lunsford Act in 2008.

[edit] See also

[edit] References

  1. ^ Fox News commentator Bill O’Reilly‘s official website keeps track of states either moving towards or against the passage of a Jessica’s law. See BillOReilly.com: Jessica’s Law
  2. ^ Florida Statute 800.04
  3. ^ Florida Statute 947.1405
  4. ^ Florida Statute 794.011
  5. ^ Welcome : Online Sunshine
  6. ^ Penile plethysmograph
  7. ^ Wilson, Dan: “Appleton attorney fights ‘Jessica’s Law’ on mandatory sex offender sentencing”, “Post-Crescent”, March 21, 2009. http://www.postcrescent.com/article/20090321/APC0101/903210470/1004&located=RSS
  8. ^ Schneider, Betty: “JESSICA’S LAW TRIGGERS LEGAL MESS FOR STATE.”, “Daily News” (Los Angeles, CA), Dec. 10, 2006. http://www.thefreelibrary.com/JESSICA%27S+LAW+TRIGGERS+LEGAL+MESS+FOR+STATE-a0155805811
  9. ^ Simerman, John: “Prop. 83, Jessica’s Law: Lockyer’s balancing act”, “Oakland Tribune”, Nov. 29, 2006. http://findarticles.com/p/articles/mi_qn4176/is_20061129/ai_n16871566
  10. ^ Benson & Associates
  11. ^ Supreme Court Home Page
  12. ^http://www.billoreilly.com/outragefunnels” BillOReilly.com: Jessica’s Law
  • Arthur A. Benson II. Jane Doe I, et al. v. Thomas Phillips et al. (Case No. SC86573). May 2006.
  • Carl Jones. “Porn Law Goes Too Far”. Daily Business Review. April 10, 2006.
  • Internet Broadcasting Systems and Local6.com. “Groups Propose Tier System For Sex Registry”. May 2006.
  • Rebecca Van Drunen. Confederation College. “Outcast Society: A Closer Look at North American Sexual Offenders in the Twenty-First Century”. May 5, 2006.
  • Sharon Wilson. “Sex Offenders: The Other Side”. Orlando Sentinel. 23 October 2005.

[edit] External links

January 13, 2012 Posted by | 2005, crimes against children, info, J, ref, Uncategorized | , , , , , , , | Leave a comment

Jimmy Ryce [.. murdered by …. Carlos Chavez]

Jimmy Ryce

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Samuel James Ryce
Born September 26, 1985(1985-09-26)
Died September 11, 1995(1995-09-11) (aged 9)
Redlands, Florida

Samuel James “Jimmy” Ryce (September 26, 1985–September 11, 1995) was a child that was abducted, raped and killed by Juan Carlos Chavez in Redlands, Florida, United States.

Contents

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[edit] Jimmy’s murder

On September 11, 1995, nine-year-old Jimmy was taking the bus from school. He was dropped off, along with ten classmates, and had to walk less than a block to his home. According to the confession of Juan Carlos Chavez, Chavez blocked Jimmy’s path with his pickup truck and held the little boy at gunpoint forcing him inside the truck. Chavez took Jimmy to his trailer where he raped him. About four hours later[1], when he heard a helicopter hovering above, Jimmy ran to the door and tried to open it only to be shot in the back by Chavez, who held the child until he took his last breath. Jimmy was just fifteen days shy of his tenth birthday when he died.
The child’s dismembered body was found three months later near Chavez’s trailer.

[edit] Capturing Juan Carlos Chavez

Juan Carlos Chavez was convicted for rape and 1st degree murder.

Chavez worked for the Scheinhaus family. He lived in a trailer on their property. Around the time of Jimmy’s disappearance, Scheinhaus reported several items missing from her home including a handgun and jewelry. Scheinhaus suspected Chavez, but had no evidence to support her suspicions. Aided by a locksmith, Scheinhaus entered Chavez’s apartment. She found her handgun and Jimmy’s bookbag. She reported her findings to the Federal Bureau of Investigation on December 5, 1995. Chavez was found a day later and taken in for questioning.
Being advised of his rights and after a 55-hour-long interrogation, Chavez openly admitted to abducting, raping and murdering Jimmy. Chavez also led police to the boy’s body, which was dismembered and hidden in cement in three plastic planters.

[edit] The murder case

In the fall of 1998, Juan Carlos Chavez was convicted of kidnapping, sexual assault, and murder. Chavez was given the death penalty. The Florida Supreme Court affirmed his conviction and sentence on November 21, 2002.[2] In July 2004, Chavez filed a motion for post-conviction relief, alleging ineffective assistance of counsel. The motion was amended in May 2005[3] and was heard in Miami-Dade Circuit Court on January 9, 2007.[4] The circuit court judge denied the motion on March 8, 2007.[5] Chavez filed a 3.851 Motion Appeal in the Florida Supreme Court on May 23, 2007 that is pending.

[

edit] The Jimmy Ryce Act

The Jimmy Ryce Act (Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment And Care Act) was passed unanimously by the Florida legislature and was signed by Governor Lawton Chiles on May 19, 1998, becoming effective on January 1, 1999. The act calls for inmates with sex offense histories to be reviewed by the Florida Department of Corrections, the Department of Children and Family Services (DCF), and state attorneys to determine the level of risk for re-offense. Upon release from incarceration, these inmates may be subject to civil proceedings and commitment to a secure facility for treatment. That treatment center, located in Arcadia, was criticized because treatment is lacking (less than 5 hours per week), it lacks security (several incidents of murder on site, riots requiring hundreds of officers to quell) there is no method of restoring civil liberties (the program has no release stage) being underfunded, understaffed and located in an old condemned correctional facility.[citation needed] After running the center for 7 years, Liberty Healthcare was released by the state as the vendor, and GEO corp was retained. Unfortunately many of the issues regarding step-down programs, community placement or aftercare remain unresolved after nearly ten years.
In 2004, residents of the Florida Civil Commitment Center (FCCC) in the custody of the Florida Department of Children and Families (DCF) filed a civil rights suit pursuant to 42 U.S.C. § 1983 in U.S. District Court Middle District of Florida, challenging the lack of sex offender and mental health treatment provided at FCCC in Arcadia, Florida. Plaintiffs were all involuntarily civilly confined at FCCC pursuant to the Sexually Violent Predator Act §§ 394.910, et seq. Fla. Stat. (2003). Plaintiffs alleged violations of their constitutional rights and the Americans with Disabilities Act (ADA) by the denial of effective sex offender treatment programs, lack of appropriate mental health care and the failure to accommodate inmates with disabilities. Plaintiffs requested certification as a class action and sought declaratory and injunctive relief. Defendants named in the Complaint were the DCF and the private corporation Liberty Behavioral Healthcare Corp. that operated the FCCC pursuant to a contract with the DCF. The court certified the case as a class action. After Liberty was replaced as the private contractor, it was dismissed from the lawsuit which proceeded against DCF. Over the next several years, the plaintiffs and defendants engaged in intensive discovery and pre-trial litigation. DCF and the new contractor, GEO Group, implemented significant changes in the sex offender and psychiatric treatment provided to residents. In the Fall of 2009, plaintiffs and defendants, through their respective attorneys, filed a joint motion to dismiss the suit in favor of a settlement agreement. Federal Court Justice Steele accepted the joint submission and dismissed the class action suit, with prejudice, in November 2009.

[edit] See also

January 13, 2012 Posted by | crimes against children, info, J, ref, Uncategorized | , , , , , , , | Leave a comment

JonBenét Ramsey

JonBenét Ramsey

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JonBenét Ramsey
Born JonBenét Patricia Ramsey
August 6, 1990(1990-08-06)
Atlanta, Georgia, U.S.A.
Died December 25, 1996(1996-12-25) (aged 6)
Boulder, Colorado, U.S.A.
Resting place Saint James Episcopal Cemetery
Marietta, Georgia, U.S.A.
33°57′18″N 84°33′23″W / 33.95501°N 84.55637°W / 33.95501; -84.55637
Parents Patsy and John Ramsey

JonBenét Patricia Ramsey (August 6, 1990 – December 25, 1996) was an American child whose murder at age 6 attracted extensive media coverage. Such coverage often focused on her participation in child beauty pageants, her parents’ affluence and various unusual aspects of the case as well as questions regarding police handling of the case. She was found dead in the basement of her parents’ home in Boulder, Colorado, nearly eight hours after she was reported missing. The case is notable for both its longevity and the media interest it has generated. After several grand jury hearings, the case is still unsolved. In February 2009, the Boulder Police Department took the case back from the district attorney and re-opened the investigation.[1]

Contents

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[edit] Life

JonBenét Ramsey was born in Atlanta, Georgia, but the family relocated when she was nine months old. Her first name is a portmanteau of her father’s first and middle names, John Bennett; her middle name is the first name of her mother, the late Patricia “Patsy” Ramsey. JonBenét was enrolled by her mother in a variety of different beauty pageants in several states. Patricia Ramsey funded some of the contests in which JonBenét participated, as well as rock climbing and violin lessons. Her active role in pageants was highly scrutinized by media following the m

urder.
JonBenét is buried in Saint James Episcopal Cemetery in Marietta, Georgia, next to her mother, who died of cancer in 2006, and her half-sister Elizabeth Pasch Ramsey, who died in a 1992 car accident at the age of 22.

[edit] Murder case

Text of the ransom note
Mr. Ramsey

Listen carefully! We are a group of individuals that represent a small foreign faction. We do respect your bussiness [sic] but not the country that it serves. At this time we have your daughter in our posession [sic]. She is safe and unharmed and if you want her to see 1997, you must follow our instructions to the letter.

You will withdraw $118,000.00 from your account. $100,000 will be in $100 bills and the remaining $18,000 in $20 bills. Make sure that you bring an adequate size attache to the bank. When you get home you will put the money in a brown paper bag. I will call you between 8 and 10 am tomorrow to instruct you on delivery. The delivery will be exhausting so I advise you to be rested. If we monitor you getting the money early, we might call you early to arrange an earlier delivery of the money and hence a [sic] earlier delivery pick-up of your daughter.

Any deviation of my instructions will result in the immediate execution of your daughter. You will also be denied her remains for proper burial. The two gentlemen watching over your daughter do not particularly like you so I advise you not to provoke them. Speaking to anyone about your situation, such as Police, F.B.I., etc., will result in your daughter being beheaded. If we catch you talking to a stray dog, she dies. If you alert bank authorities, she dies. If the money is in any way marked or tampered with, she dies. You will be scanned for electronic devices and if any are found, she dies. You can try to deceive us but be warned that we are familiar with law enforcement countermeasures and tactics. You stand a 99% chance of killing your daughter if you try to out smart [sic] us. Follow our instructions and you stand a 100% chance of getting her back. You and your family are under constant scrutiny as well as the authorities. Don’t try to grow a brain John. You are not the only fat cat around so don’t think that killing will be difficult. Don’t underestimate us John. Use that good southern common sense of yours. It is up to you now John!

Victory!

S.B.T.C.

According to the testimony of Patsy Ramsey, on December 26, 1996, she discovered her daughter was missing after finding on the kitchen staircase a two-and-a-half-page ransom note demanding $118,000 for her safe return—almost the exact value of a bonus her husband had received earlier that year.[1] Despite specific instructions in the ransom note that police and friends not be contacted, she telephoned the police and called family and friends. The local police conducted a cursory search of the house but did not find any obvious signs of a break-in or forced entry. The note suggested that the ransom collection would be monitored and JonBenét would be returned as soon as the money was obtained. John Ramsey made arrangements for the availability of the ransom, which a friend, John Fernie, picked up that morning from a local bank.

[edit] Police investigation

In the afternoon of the same day, Boulder Police Detective Linda Arndt asked Fleet White, a friend of the Ramseys, to take John Ramsey and search the house for “anything unusual.”[2] John Ramsey and two of his friends started their search in the basement. After first searching the bathroom and “train room”, the two went to a “wine cellar” room where Ramsey found his daughter’s body covered in a white blanket. She was also found with a nylon cord around her neck, her wrists tied above her head, and duct tape covering her mouth.[2]
The police were later claimed by observers to have made several critical mistakes in the investigation, such as not sealing off the crime scene and allowing friends and family in and out of the house once a kidnapping was reported.[2]
Critics of the investigation have since claimed that officers also did not sufficiently attempt to gather forensic evidence before or after JonBenét’s body was found, possibly because they immediately suspected the Ramseys in the killing.[2] Some officers holding these suspicions reported them to local media, who began reporting on January 1 that the assistant district attorney thought “it’s not adding up”; the fact that the body of the girl was found in her own home was considered highly suspicious by the investigating officers.[2] The results of the autopsy revealed that JonBenét was killed by strangulation and a skull fracture. A garrote made from a length of tweed cord and the broken handle of a paintbrush had been used to strangle her; her skull had suffered severe blunt trauma; there was no evidence of conventional rape, although sexual assault could not be ruled out. The official cause of death was asphyxiation due to strangulation associated with craniocerebral trauma.

[edit] Crime scene

The bristle end of the paintbrush was found in a tub of Patsy Ramsey’s art supplies, but the bottom third was never located despite extensive searching of the house by law enforcement in subsequent days.[3] Experts noted that the construction of the garrote required a special knowledge of knots. Autopsy also revealed that JonBenét had eaten pineapple only a few hours before the murder.[4] Photographs of the home, taken the day JonBenét’s body was found, show a bowl of pineapple on the kitchen table with a spoon in it,[4] and police reported finding Patsy’s and JonBenet’s nine-year-old brother Burke Ramsey’s fingerprints on it.[5] However, both Patsy and John claim not to remember putting this bowl on the table or feeding pineapple to JonBenét.[4][5] (The Ramseys had always maintained that Burke had slept through the entire episode, until awakened several hours after the police arrived.) While it was reported that no footprints led to the house on snow-covered ground, other reporters found that snow around the doors of the house had been cleared away.[6] Police reported no signs of forced entry, although a basement window that had been broken and left unsecured before Christmas, along with other open doors, were not reported to the public until a year later.[6]

[edit] Later developments

In December 2003, forensic investigators extracted enough material from a mixed blood sample found on JonBenét’s underwear to establish a DNA profile.[7] The DNA belongs to an unknown male. The DNA was submitted to the FBI‘s Combined DNA Index System (CODIS), a database containing more than 1.6 million DNA profiles, mainly from convicted felons. The sample has yet to find a match in the database, although it continues to be checked for partial matches on a weekly basis, as are all unmatched samples.[citation needed]
Later investigations also discovered that there were more than 100 burglaries in the Ramseys’ neighborhood in the months before JonBenét’s murder, and that 38 registered sex offenders were living within a two-mile (3 km) radius of the Ramseys’ home—an area that encompasses half the population of the city of Boulder—but that none of the sex offenders had any involvement in the murder.[8]
On August 16, 2006, 41-year-old John Mark Karr, a former schoolteacher, confessed to the murder while being held on child pornography charges from Sonoma County, California. Authorities reportedly tracked him down using the Internet after he sent e-mails regarding the Ramsey case to Michael Tracey, a journalism professor at the University of Colorado.[9] Once apprehended, he confessed to being with JonBenét when she died, stating that her death was an accident. When asked if he was innocent, he responded, “No.”
However, Karr’s DNA did not match that found on JonBenét Ramsey’s body. On August 28, 2006, prosecutors announced that no charges would be filed against him for the murder of JonBenét Ramsey.[10][11][12] In early December 2006, Department of Homeland Security officials reported that federal investigators were continuing to explore whether Karr had been a possible accomplice in the killing.
No evidence has ever come to light that placed the then-married Alabama resident Karr near Boulder during the Christmas 1996 crime. Evidence linking Karr to the killing is highly circumstantial in nature. For instance, handwriting samples
taken from Karr were said to match the ransom note. In particular, his way of writing the letters E, T and M were described by the media as being very rare.

[edit] Letter from District Attorney-Ramsey family exonerated

On July 9, 2008, the Boulder District Attorney’s office announced that as a result of newly developed DNA sampling and testing techniques, the Ramsey family members are no longer considered suspects in the case.[13][14] In light of the new DNA evidence, Boulder County District Attorney Mary Lacy gave a letter[15] to John Ramsey the same day, officially apologizing to the Ramsey family:

This new scientific evidence convinces us…to state that we do not consider your immediate family, including you, your wife, Patsy, and your son, Burke, to be under any suspicion in the commission of this crime. … The match of Male DNA on two separate items of clothing worn by the victim at the time of the murder makes it clear to us that an unknown male handled these items. There is no innocent explanation for its incriminating presence at three sites on these two different items of clothing that JonBenét was wearing at the time of her murder. … To the extent that we may have contributed in any way to the public perception that you might have been involved in this crime, I am deeply sorry. No innocent person should have to endure such an extensive trial in the court of public opinion, especially when public officials have not had sufficient evidence to initiate a trial in a court of law. … We intend in the future to treat you as the victims of this crime, with the sympathy due you because of the horrific loss you suffered. … I am aware that there will be those who will choose to continue to differ with our conclusion. But DNA is very often the most reliable forensic evidence we can hope to find and we rely on it often to bring to justice those who have committed crimes. I am very comfortable that our conclusion that this evidence has vindicated your family is based firmly on all of the evidence, … [15][16]

[edit] New District Attorney

In January 2009 Stan Garnett, the new Boulder County D.A., stated he planned to take a fresh look at the case. On February 2, 2009, Boulder police Chief Mark Beckner announced that Garnett was turning the case over to his agency, and that his team would resume investigating the homicide. “Some cases never get solved, but some do,” Beckner said. “And you can’t give up.”[1]

[edit] Suspicion

Case speculation by experts, media and the parents has supported different hypotheses. For a long time, the local police supported the hypothesis that her mother Patricia Ramsey injured her child in a fit of rage after the girl had wet her bed on the same night, and then proceeded to kill her either in rage or to cover up the original injury. According to a Colorado Bureau of Investigation report, “There are indications that the author of the ransom note is Patricia Ramsey,” but they could not definitely prove this assertion.[17]
Another hypothesis was that John Ramsey had been sexually abusing his daughter and murdered her as a cover. The Ramseys’ son Burke, who was nine at the time of JonBenét’s death, was also targeted by speculation, and asked to testify at the grand jury hearing.[18] In 1999, the Governor of Colorado, Bill Owens, told the parents of JonBenét Ramsey to “quit hiding behind their attorneys, quit hiding behind their PR firm.”[19] Police suspicions were initially concentrated almost exclusively on the members of the Ramsey family, although the girl’s parents had no prior signs of aggression in the public record.
The Ramseys have consistently held that the crime was committed by an intruder. They hired John E. Douglas, former head of the FBI’s Behavioral Science Unit, to examine the case. While retained by the Ramsey family, he concluded that the Ramseys were not involved in the murder. He also concluded that it was unlikely that anyone would resolve the case. He detailed his arguments in his 2001 book, The Cases That Haunt Us. Lou Smit, a seasoned detective who came out of retirement to assist Boulder authorities with the case in early 1997, originally suspected the parents, but after assessing all the evidence that had been collected, also concluded that an intruder had committed the crime.[20] While no longer an official investigator on the case, Smit continued to work on it until his death in 2010.[21]
With such contradictory evidence, a grand jury failed to indict the Ramseys or anyone else in the

murder of JonBenét. Not long after the murder, the parents moved to a new home in Atlanta. Two of the lead investigators in the case resigned, one because he believed that the investigation had incompetently overlooked the intruder hypothesis, and the other because he believed that the investigation had failed to successfully prosecute the Ramseys.[3] Even so, remaining investigators are still trying to identify a possible suspect. Patricia “Patsy” Ramsey died of ovarian cancer on June 24, 2006, at the age of 49.[citation needed]

[edit] Defamation lawsuits

Several defamation lawsuits have ensued since JonBenét’s murder. Lin Wood was the plaintiff’s attorney for John and Patsy Ramsey and their son Burke, and has prosecuted defamation claims on their behalf against St. Martin’s Press, Time, Inc., The Fox News Channel, American Media, Inc., Star, The Globe, Court TV and The New York Post. John and Patsy Ramsey were also sued in two separate defamation lawsuits arising from the publication of their book, The Death of Innocence, brought by two individuals named in the book as having been investigated by Boulder police as suspects in JonBenét’s murder. The Ramseys were defended in those lawsuits by Lin Wood and three other Atlanta attorneys, James C. Rawls, Eric P. Schroeder, and S. Derek Bauer, who obtained dismissal of both lawsuits including an in-depth decision by U.S. District Court Judge Julie Carnes that “abundant evidence” in the murder case pointed to an intruder having committed the crime.[22]
In November 2006, Rod Westmoreland, a friend of JonBenét Ramsey’s father, filed a defamation suit[23] against Keith Greer, who posted a message on an Internet forum using the pseudonym “undertheradar”. Greer had accused Westmoreland of participating in the kidnapping and murder.[24] Greer has defended his statement.[25]

[edit] Case reopened

On 5 October 2010, the Telegraph reported that the case had been reopened and that new interviews are taking place after an enquiry by a committee which included state and federal investigators. Police are expected to use the latest DNA technology.[26]

[edit] References

  1. ^ a b c “Boulder police take back Ramsey case”, Colorado Daily, February 2, 2009
  2. ^ a b c d e “Murder of JonBenét Ramsey”. Tru TV Crime Library. http://www.trutv.com/library/crime/notorious_murders/famous/ramsey/index_1b.html. Retrieved 2008-07-09. 
  3. ^ a b JonBenét: Anatomy of a Cold Case – Court TV
  4. ^ a b c Hickey, Eric. Encyclopedia of Murder and Violent Crime.
  5. ^ a b “Searching: The Interrogation Tapes”. 48 Hours (CBS News). October 1, 2002. http://www.cbsnews.com/stories/2002/10/01/48hours/main523875.shtml. Retrieved 2008-07-11. 
  6. ^ a b “Murder of JonBenét Ramsey”. Tru TV Crime Library. http://www.trutv.com/library/crime/notorious_murders/famous/ramsey/evidence_2.html. Retrieved 2008-07-09. 
  7. ^ “JonBenet: DNA Rules Out Parents”. CBS News. December 16, 2004. http://www.cbsnews.com/stories/2004/12/16/48hours/main661569.shtml. 
  8. ^ Erin Moriarty, JonBenét: DNA Rules Out Parents, 26 March 2005.
  9. ^ “No Forensic Evidence Currently Links John Karr to JonBenét Murder”. Crime Library. August 17, 2006. http://www.crimelibrary.com/news/original/0806/1703_ramsey_arrest_john_karr.html. 
  10. ^ No DNA match, no JonBenet charges
  11. ^ “not the source of the DNA found”
  12. ^ D.A.’s Motion to Quash Arrest Warrant
  13. ^ Mary T. Lacy, District Attorney (2008-07-09). “Ramsey Press Release”. District Attorney’s Office, Twentieth Judicial District, Boulder, Colorado. http://www.bouldercounty.org/newsroom/templates/?a=1256&z=13. Retrieved 2008-07-09. 
  14. ^ “New DNA samples clear family in JonBenet Ramsey case”. USA Today. 2008-07-08. http://blogs.usatoday.com/ondeadline/2008/07/report-new-dna.html. Retrieved 2009-07-23. 
  15. ^ a b Mary T. Lacy, District Attorney (2008-07-09). “Letter from DA to John Ramsey” (PDF). District Attorney’s Office, Twentieth Judicial District, Boulder, Colorado. http://www.bouldercounty.org/newsroom/articlefiles/1256-Letter_to_John_Ramsey.pdf. Retrieved 2008-07-09. 
  16. ^ http://www.9news.com/pdfs/ramseyDA.pdf
  17. ^ http://news.google.com/newspapers?nid=875&dat=19970904&id=SdQLAAAAIBAJ&sjid=M1YDAAAAIBAJ&pg=6638,205639
  18. ^ The JonBenet Ramsey Investigation
  19. ^ Warning on JonBenet speculation
  20. ^ Rocky Mountain News article
  21. ^ Taha, Nadia. “Lou Smit, Detective in JonBenet Ramsey Case, Is Dead at 75”, The New York Times, August 13, 2010. Accessed August 14, 2010.
  22. ^ Northern District of Georgia’s New Chief Judge Reflects on Her Career
  23. ^ Man Sues Over JonBenet Murder Claim – November 9, 2006
  24. ^ JonBenet Ramsey Case Encyclopedia wiki / Legal Issues Surrounding JBR Case
  25. ^ JonBenet Ramsey Case Encyclopedia wiki / undrtheradar biosketch
  26. ^ http://www.telegraph.co.uk/news/worldnews/northamerica/usa/8044818/JonBenet-Ramsey-murder-case-reopened.html

[edit] External links

Persondata
Name Ramsey, JonBenét
Alternative names Ramsey, JonBenét Patricia
Short description Murdered beauty pageant contestant
Date of birth August 6, 1990
Place of birth Atlanta, Georgia, U.S.A.
Date of death December 25, 1996
Place of death Boulder, Colorado, U.S.A.

January 13, 2012 Posted by | Colorado, crimes against children, info, J, ref, Uncategorized | , , , , , , , , , , , , , , | Leave a comment