Posts Tagged ‘Murder’

You would think that if you were facing a charge as serious as capital murder, you would want to listen to your attorneys.   Well, in the Spokane murder case of State v. Christopher Devlin, the defendant apparently rejected the advice of his lawyers and beat the death penalty anyway.   Devlin is accused of murdering a witness who was expected to testify against him in an earlier assault case.  Devlin rejected the advice of his lawyer and refused to waive the thirty day notice required to seek the death penalty.  A defense lawyer will often seek to waive this to have more time to prepare a defense to the death penalty.  The State did not turn over their evidence in time, and the judge dismissed the death penalty allegation as a sanction on the prosecuting attorney.  See story.  The charge of aggravated murder still stands, and the defendant could still face a possibility of life in prison.  How does a defendant educate themselves on how to defeat a death penalty charge?  A grad-student from Massachusetts has published an online guide on eHow.com of all places.  See site.

Anyway, I am sure the defense lawyers breathed a sigh of relief when the death penalty allegation was dropped.  And it may be the case that the prosecutors breathed a sigh of relief too.  It was never really clear whether the alleged offense took place in Stevens County or Spokane County, and neither county wanted to bear the incredible expense of conducting a death penalty case.  See news segment below. The Stevens County Prosecuting Attorney, facing budget problems, flat out stated that he did not want the case. The defense lawyers wanted it moved out of Spokane.

Post by Steve Graham, Defense Lawyer.

In these decks of cards, all 52 are face cards.  Each one bears the face of a victim of an unsolved homicide.  The cards are distributed in prisons with the hopes that an inmate will provide a badly needed tip.

Ernest Jose Cervantes was shot to death during the robbery of his wife's beauty shop in 2003. The beauty shop was closed for Mothers' Day but he and his wife were just returning from selling flowers and balloons on the street for the occasion. The two had finished for the day and were returning the merchandise to the shop when three assailants entered the store.

While it is the high-tech C.S.I. investigation techniques that are featured on t.v. shows, it is often the low-tech solutions that solve real-life crimes. The idea of these cards apparently comes from the company Effective Playing Cards and Publications. This Florida company has produced cards in 10 states for distribution to inmates.   The company has created thirty different decks and targets the decks to each geographical area.  I received a set in the mail last week that were designed for the San Bernardino area of California.    The cards are created with the support and encouragement of the surviving family members who are glad that the cases are being kept alive and attention is being drawn to the deceased.  No cards exist for Washington State at this time.

In a prison culture where inmates have an abundance of time on their hands, the cards compels attention to the items in ways that a poster could not.  The maker of the cards credit the cards with having solved four different cases across the nation.  One homicide detective explained that distributing the decks is “like interviewing all 2500 inmates about 52 different homicides all at the same time.”

Despite the fact that this idea seems to be of little costs to investigative agencies, it has been a little slow to catch on.  And little seems to be known of these cards.  The below youtube video on the subject has been up for over 6 months, but has received only 68 views. 

In addition to the expense of the cards, there is certainly an expense to sorting out the tips when received from inmates. Inmates are not a very reliable group as a whole when it comes to tips. Many could be looking to strike a deal to earn an early release, or could be looking for a way to transform themselves from a societal pariah to a local hero for coming forward. Detectives will look to see if the informant has pertinent information on the case that could not simply be gleaned from reading the newspapers.

Sand Lynn Rollins' body was found in 1995 in a rural area. The card indicates that she was a transient. It appears that the photo used may have been a booking photo where she herself was arrested. Murder victims come from all sorts of different backgrounds, and it is the responsibility of police departments to assure that all cases are given a top priority.

I have learned in the homicide cases that I have worked on that in just about every high-profile case you will find attention seekers of all sorts claiming to have important information. Trying to determine the validity of such claims is not as easy as a person might suspect.

The playing cards in question focus on cold cases. Because crimes such as murder do not have a statute of limitations, police maintain an interest in such cases for decades. When I worked as a prosecutor, I often contemplated the value of police work on cold cases. Detectives in Ferry County made important progress in certain cases, see e.g. here. But there also needs to be accountability up the chain of command for time spent on cold cases. In general terms, not necessarily pertaining to my past position, I have feared that police work on cold cases sometimes consisted of having the case file spread out over several desks while a discouraged detective played solitaire. And such work is discouraging. You only need to review past Spokesman-Review articles with respect to the Spokane Serial Killer Task Force to learn how depressing that line of work can be. Big breaks in such cases are rare, and are usually preceded by years or decades of hard work done out of the spotlight. It is not the stuff of C.S.I. or newspaper headlines, but playing cards could be a helpful tool in resolving such cases.

Do you remember the O.J. Simpson jury trial that took an unbelievable 8 1/2 months to complete?  Well, the trial of Amanda Knox, an American student accused of murder in Italy, just passed that 8 1/2 month mark and may take as many as 10 months to complete.   Along with her Italian boyfriend, Amanda is accused of killing her British roommate Meridith Kercher.

Amanda Knox, a UW student from Seattle, is currently defending a charge of Murder in an Italian courtroom.

The trial began on January 16th, 2009 in the town of Perugia, Italy.  Knox was studying in Italy for her junior year.  She is a student at the University of Washington in Seattle.  I wrote about the charges she faced early last summer in an earlier post.  At that time I did not anticipate that the trial would still be pending come Fall.

Prosecutors say Kercher was killed during a sex game with Knox, her boyfriend Raffaele Sollecito, and a third man, Rudy Hermann Guede, who was convicted of the murder last year.  According to the Italian prosecutors, Sollecito held Kercher down, while Knox threatened her with a knife. They allege Guede tried to sexually assault Kercher and then Knox fatally stabbed her in the throat.

I kind of wonder what is taking so long with this trial.  In the O.J. Simpson trial, the cause of the delay seemed to be endless “sidebars” or private meetings between the lawyers and judge.   In this case, there seem to be endless breaks.  In the summer, the court took nearly two months off before this case resumed.   In addition, the court only conducts the trial a couple of days each week due to other cases that are going on.  In Italy, the jurors and judges also have a right to have certain witnesses recalled to the stand to testify over again.  In this case, over a 100 witness have been called.

Amanda's parents have spent much of their money on Amanda's defense. For more information visit friendsofamanda.org

I often wonder about what the delay is with certain trials that I hear about on the news.  As a young prosecutor, I called in the assistance of an assistant attorney general to help me in a murder case involving three people shot in the head.  The attorney warned me of the complexity of the trial, and indicated that it might take two weeks.   In fact, the case ended up taking only 5 days, from the opening statements to the verdict.  It seems in Ferry and Stevens County, the judges accomplish a lot in each trial day.  The judges start early, and work late, and it is seldom that other cases interfere in the scheduling of an important murder trial.   I have found in bigger counties, the trials are sometimes interrupted by other business.

If I were the attorney for Amanda Knox in Italy, I would worry about everything the jury would forget from the beginning of the trial to the end.  The U. S. Supreme Court has ruled that taking extended breaks in the presentation denies the defendant the right to a fair trial.   In the U.S., the 6th Amendment of the Constitution guarantees the right of the accused to a “speedy and public trial.”   In Herring v. New York, Supreme Court expressed concern over a delay of “two days — a period during which the judge’s memory may well have dimmed, however conscientious a note-taker he may have been.”

Kino Michael Gomez is accused of first degree murder for shooting Tom Pfaeffle at a motel in Twisp, Washington on July 17th, 2009.   Judging by news reports the prosecutor and the defense lawyer agree on the following facts:   Gomez checked into room 7 of the motel.  Pfaeffle checked into room 8.  The two men did not know each other.   Later in the evening at 10 p.m., Pfaeffle mistakenly tried to entered room 7.  In response, Gomez shot Pfaeffle who died shortly thereafter.  The major disputed fact is how far did Pfaeffle go in trying to enter Gomez’s motel room.  Was the door open or shut?

According to the July 22nd, 2009 Omak-Chronicle, the  Prosecutor stated “the evidence shows the door was not open.”  The Seattle Times in a July 21st story quoted police as stating that Pfaeffle was shot “when he apparently put his room key into the wrong door Friday night. He was hit in the chest by a bullet fired through the closed door.”  In another story Twisp Police Chief Rick Balam was quoted as saying “There’s absolutely no question the door was closed when the shots were fired.”

Most people I talked to seemed to form a strong opinion as to the guilt of Kino Michael Gomez based on reading these law enforcement statements in the media.  Most people asked: “What kind of maniac would shoot through a closed door, just because someone unsuccessfully jiggled the door handle?”   The people posting comments on the internet also formed an opinion as to Gomez’s guilt based on the comments of the police that the suspect shot through a closed door.

“Assuming the man that fired the shots had a ‘legal’ right to own a gun, he has no excuse to fire random shots through a hotel door… at ANYONE.”  See Link.

“Why did he fire THRU the door-after he barred the door. It isnt like someone broke in- Who the fck fires thru a door because they think they are being robbed?”  See Link.

“A man paranoid enough to shoot through a closed door of a motel was probably up to no good to begin with.”  See Link.

“I realize people make mistakes, but this is inexcuseable. YOU DON’T FIRE A GUN THROUGH A CLOSED DOOR.”   See Link.

So does the evidence really show that Kino Michael Gomez shot through a closed door?   The Methow Valley News sent a reporter to the scene to to take photographs of the door which are posted online here and here.

Hmmmmmm.  It is not exactly as Twisp Police Chief Rick Balam described it.  He after all stated “There’s absolutely no question the door was closed when the shots were fired.”   Based on my experience prosecuting and defending homicide cases, the photographic evidence is more consistent with Kino Michael Gomez’s statement to the police.   Kino Michael Gomez was interviewed by Officer Ty Sheehan of the Twisp Police Department, and Gomez stated that “he had been concerned about the lack of a deadbolt on the door and had wedged a chair against the doorknob.”   Gomez told the police ” he awoke to the sound of someone trying to get into the room and had seen the door open and ‘a full silhouette’ of someone in his room.”  See story in Methow Valley News.   Gomez stated that he responded “like it was automatic,” shooting toward the door.

After I looked at the photographs, it appeared that the bullet hit the door frame, and based on the angle of the bullet, the door must have been half way open.

The good reporting of the Methow Valley News has raised a lot of questions in this case.  Good for them for doing their own reporting rather than simply repeating what the police said. The defense attorney Michael Haas is doing a thorough job of raising the right questions too, and  apparently sent his own investigators out to the scene of the shooting.  They had to act quickly because the motel was attempting to repair everything a.s.a.p.

Under Washington law, a person can use deadly force in self-defense if they believe they were in reasonable fear.   If a person claims that they used force against a perceived intruder, it would certainly be relevant how far the perceived intrusion went.  Dave Workman, author of Washington State Gun Rights and Responsibilities, wrote an opinion piece on this case just after the incident.  See Link.  Like most of us at first, he understood the incident to involve shooting through a door that was closed.  I wonder if he has further insights based on Mr. Gomez’s version of events and the photographs and other recent developments.

It will be interesting to see how this case unfolds in the weeks to come.  I don’t envy the defense lawyer or the prosecutor in this case.  I have never met the defense lawyer on this case, but I know the prosecutor a little.   The best prosecutors on cases like this are tough, but also keep an open mind as to new developing facts that could change their mind.   I believes that describes this prosecutor.

What does every one else think about this case?  Can Kino Michael Gomez get a fair trial in Okanogan County?  Has anyone else noticed the racial overtones about some of the internet news comments out there?   I discussed in a blog post last month about friends and family of Amanda Knox who posted a internet site to support the defense of Amanda.  Should Kino Michael Gomez’s family also consider a similar campaign?   I also wrote in a blog post last month about the bearing of arms in public places.  What are the societal costs of an armed populace?

Amanda Knox, a University of Washington student, is currently standing trial for Murder in Perugia, a city in central Italy.  Amanda Knox, like many college students, opted to spend her junior year overseas.  She shared an apartment with four young women, including Meredith Kercher, a British student.

Amanda with her family. (Used with permission of friendsofamanda.org)

Amanda Knox, was dating an Italian man, and when she returned from his home on November 2nd, 2007, she found no sign of her roommate Meredith.  Amanda tried to call Meridith’s cell phone but did not receive an answer.  Amanda noticed a few droplets of blood in the shower.  Getting concerned, Amanda called her boyfriend (Raffaele Sollecito) over.  Amanda, and her boyfriend noticed a broken window, and noticed that the door to Meredith’s room was locked.  They called the police.  The police arrived, forced open the door, and found Meredith Kercher dead with cuts to her throat under a duvet.  The police questioned Amanda and Raffaele, and the two gave consistent accounts of their whereabouts for the days prior.  Later, under pressure from police, Raffaele told the police that Amanda left his apartment for several hours.   Under pressure, Amanda described a dream to the police about overhearing Meredith’s screams while she tried to cover her ears with a pillow.   Amanda’s supporters take the position that the statements were made under duress and she told the police what they wanted to hear even though it was not true.  Amanda Knox was kept up all night, claims to have been hit, and was denied an attorney and professional translator.

Amanda in her home in Seattle prior to leaving for Italy. (Used with permission of friendsofamanda.org)

The police linked a man named Rudy Guede to the murder because his DNA was found in Meredith’s body and his bloody hand print was found on a pillow underneath the body.  The police eavesdropped on Rudy Guede’s phone calls and heard him say that Amanda had nothing to do with the killing.  Later, under pressure from police, he indicated that Amanda was present at the time, but denied that the two killed Meredith.  Rudy Guede admitted that he had relations with Meredith that stopped short of intercourse.  Based on the evidence, Rudy Guede was convicted of sexual assault and murder.  Rudy Guede changed his story to implicate Amanda and Raffaele in the killing in some sex game gone wrong.  Amanda Knox and her boyfriend Raffaele Sollecito are currently pending trial. The Italian police detectives have testified that they found DNA evidence of Amanda’s footprint in Meredith’s blood in the apartment, and traces of Amanda’s and Meredith’s intermingled blood in several locations there.  No murder weapon has been found, but the police said an eight-inch kitchen knife at Raffaele’s house bore traces of Meredith’s DNA near the tip and Amanda’s the handle. It should be no surprise that the knife would have Amanda’s DNA on the handle considering how much time she spent at her boyfriend’s house.  The DNA of Meredith, according to several outside experts, was of such small amounts, and was available only after numerous enhancements in the testing, that it could have belonged to numerous individuals.  Additionally, the knife did not match the bloody outline of a knife at the crime scene.  Experts have already testified that the knife in question could not have made at least two of the three cuts found on Meredith’s throat.

Ambiguous DNA evidence, and statements made to police under pressure, is often how wrongful convictions occur here in the U.S.  According to the Innocence Project, a variety of factors can contribute to a false confession during a  interrogation.  Many cases have included a combination of several of these causes. They include:

• duress
• coercion
• intoxication
• diminished capacity
• mental impairment
• ignorance of the law
• fear of violence
• the actual infliction of harm
• the threat of a harsh sentence
• Misunderstanding the situation

Do you ever hear stories on the news where an inmate is determined to be innocent of a crime that occurred years ago due to the use of a DNA test?  When we look back on those cases, in 25% of those cases a person ended up confessing to a crime they did not commit.

Many experts in the U.S. have questioned the fairness of the trial.  Pulitzer-prize winning New York Times columnist Timothy Egan wrote “The case against Knox has so many holes in it, and is so tied to the career of a powerful Italian prosecutor who is under indictment for professional misconduct, that any fair-minded jury would have thrown it out months ago.”  (See this opinion piece about Amanda Knox)

King County Superior Court Judge Mike Heavey is among the local people trying to help Amanda.   Heavey took the unusual step of writing to the Italian council that regulates judges to protest the leaks from the prosecutor, police and prison officials to the tabloid press.  According to a Seattle Times article he wrote “Amanda Knox is in grave danger of being convicted of the murder because of illegal and improper poisoning of public opinion and judicial opinion.”   He continued: “I respectfully submit that the prosecutor’s office, police and prison employees have made illegal and false statements … These false reports have wrongfully poisoned the well of public opinion against Amanda.”

Amanda Knox’s parents have spent all their retirement funds and their equity in their home paying for a team of defense lawyers, forensic experts, and investigators to help defend their daughter.  Amanda Knox testified in her own defense on June 13th, and a verdict should not be too far off.   The jury consists of two judges and six local citizens.  Unlike juries here in Washington, a conviction need not be unanimous.  Rather a simple majority may convict.

For more information, See www.friendsofamanda.org.