Showing posts with label Andy's Posts. Show all posts
Showing posts with label Andy's Posts. Show all posts

By Andy Kahan

Career habitual criminal Carl Wayne Buntion was on Parole for 42 days in June 1990 when he cold-bloodily shot and killed Houston Police Officer James Irby. Buntion had served a whopping 13 months of his 15- year sentence for Sexual Assault of a Child. It was only his 12th Felony conviction spanning over 30 years.

Buntion was an all-around felon with convictions for Burglary, Theft, Auto Theft, Sexual Assault and Oh Yeah---He tried to kill an Alabama Deputy Sheriff by trying to slit his throat with a piece of broken glass. Buntion continued to bare no bones as to who and what he is: A career habitual criminal, yet our criminal justice system consistently and without fail continued to spit him out to the public to do what he does best: Commit Crimes. Amazingly, not one single professional in the correctional system was able to decipher that Buntion was never going to be a law-abiding productive citizen.

State Parole Officials advised the media after Officer Irby was murdered they were unaware of Buntion's violent history. Maybe I am being a bit cynical or perhaps I am way off base to think that Sexual Assault of a Child and Attempted Murder of a Police Officer constitutes violent behavior. I guess my definition of what violent behavior is differs from true criminal justice professionals.

Sadly, Buntion was released from prison on parole more than a year earlier than his scheduled release date. Buntion was to be released June 1991, however the powers to be advanced his parole to May 15th, 1990. Six weeks later, Officer Irby was gunned down while stopping Buntion for traffic violations.

Buntion had been previously denied parole in 1989 by the parole board who cited his lengthy criminal history,prior parole violations,violent behavior and serious nature of his crimes as why he should not be released. Magically, all of the above disappeared one year later and he was released to a Halfway House.

On May 15th, 1990 after serving 13 months of a 15 year sentence for Sexual Assault of a Child and despite over 10 convictions all resulting in prison terms Carl Wayne Buntion was released and ordered to report to a Halfway House----He never showed. Forty Three days later and one day after Officer Irby was murdered Parole Officials issued a warrant for Not Reporting to the Halfway House.

Officer Irby spotted a vehicle making an illegal turn and pulled the car over. Buntion got out of the car on the passenger side holding a 357-caliber Magnum Revolver (Another Parole Violation). Buntion shot and struck Officer Irby's helmet and then calmly walked over and pumped two more bullets into Irby's back. Buntion also fired several shots at women who were screaming over the ambush--he hit one of them and then while fleeing the scene he tried to carjack another citizen. Buntion was finally arrested and roughly a year later he was sentenced to death.

Officer Irby's widow Maura started the Irby Foundation which was instrumental in changing parole laws and adding new prisons. There are people who never became crime victims because instead of yelling and screaming about the injustices of the world: Maura Irby took action. After several years of non-stop victim advocacy Maura decided it was best to become a full-time Mom to Callie and Cody who were respectively one and three when their father was brutally murdered.

Cody now 22 years-old has followed his father's footsteps and is a Police Officer for the city of Pflugerville, Texas ,while Callie now 20 attends community college.

Nineteen plus years later Maura Irby was once again thrust back into the spotlight thanks to the Texas Court of Criminal Appeals who ruled the jury received an improper instruction when it came to deciding the death penalty. The court ruled the jury should have been able to consider Buntion's troubled childhood, that he was mistreated by an alcoholic father and had run away from home amongst other factors.

The new jury which probably will not be seated until the fall of 2010 will once again have to decide if Buntion warrants the death penalty or a life sentence. If the jury elects to sentence Buntion to life he will be immediately eligible for Parole based upon sentencing standards for crimes committed in 1990. If death is their option, Buntion will once again have probably at least a decade worth of appellate proceedings.

Parole hearings is the last thing the Irby family wants to deal with and a meeting with the District Attorney's Office last week reaffirmed their commitment to once again seek the death penalty on rogue career habitual offender turned Cop-Killer Carl Wayne Buntion.

May Maura Irby and her family finally be given some semblance of peace and justice.

Sphere: Related Content
read more “Houston Cop Killer Gets New Punishment Hearing After 19 Years on Death Row”

By Andy Kahan

Philip Garrido a registered sex offender, required to meet with Parole Officers several times a month, while being tracked with a GPS Monitor to watch his movement somehow managed to kidnap/rape 11 year-old Jaycee Lee Dugard and keep her hostage for over 18 years all under the guise of being 'Supervised' by the system.

Lucas Coe and 4 year-old Emma Thompson's mother Abigail Young were charged with Injury to a Child following Emma's beating death. Emma,while living with her mother was diagnosed with genital herpes. Local officials with Child Protective Services elected not to remove her from her home. Coe was on Probation for Aggravated Assault with a Deadly Weapon for six years. While on Probation ,Coe was convicted of DWI and was out on bond for a pending Injury to a Child Charge. Coe's Probation was not revoked and in March, 2009, he was successfully discharged from our 'System'. Three months later Emma was Dead.

Garrido and his pathetic wife Nancy now face charges that if convicted should put them away for life-never to harm another child. Emma's mother is out on bond while Coe is in custody. Charges for both will hopefully be upgraded to Murder.

Phillip Garrido was sentenced to 50 years in 1977 for Kidnapping and Rape (Federal Offense) and also 5 to Life in State Court for Sexual Assault. He served a whopping 11 years before he was released on Parole. Keep in mind the Parole Board had the Discretion of denying him Parole but voted him out after serving roughly 20 Percent of his sentence. In 1993, Garrido's parole was violated and he was sent back to prison. After serving approximately four months, Garrido was once again released back to his Sanford and Son compound. Nevada parole officials claimed they were never notified by Federal Officials that Garrido's parole was revoked and could have revoked his state parole; hence in theory quite possibly for the duration of his original sentence. What a shame Jaycee was never given that opportunity of having Garrido locked up for at least another decade. Another blown chance!

Parole Officers routinely met Garrido for home visits but never ventured into his backyard labyrinth. After neighbors called 911 reporting they observed a women with children living in tents in his backyard another impromptu visit was made--once again yet another blown opportunity to bring Jaycee home was missed. Even more maddening the officer who checked up on the complaint apparently was unaware that Garrido was a sex offender with a history of abduction.

Besides the obvious that Garrido should not have been paroled after serving less than one-third of his sentence several other red flags stood out:

* No evidence of any polygraphs conducted which could have and surely would have shown deception.

* Whatever happened to one Parole per customer-he blew it in 1993 and that should have been the end of his ill-gotten freedom.

* Apparently even though he was on GPS monitoring, it appears he could travel anywhere without impunity.

* Garrido was charged with Rape in 1972 but charges were dropped most likely because the victim was terrified at the thought of having to testify against him.

* Checking the appraisal district property records should have shown his residence had around 20,000 square feet--Bells Should Have Rung With That Revelation.

* Why weren't any of the neighbors talked with after the 2006 complaint was filed.

Lucas Coe was on Dual Probation in 2005 after he was convicted of DWI. Dual Probation-what an oxymoronic term--meaning that while on Probation he was convicted of another offense which again in theory could have had his Probation revoked, yet he was allowed to remain on 'Supervision' albeit while on Probation for the DWI.

Four Motions to Have Coe's Probation Terminated were filed in court--two of them were dismissed by the Court at the prosecutor's request and two were overruled by the court. At least twice while on Probation, Coe was in jail for probation violations. Obviously, (Must sound like a broken record) if Coe's Probation was revoked and he was sent to Prison one could come to the logical conclusion that Emma would be alive today. Here is the real kicker: Coe was charged in 2007 in another county with Injury to a Child and was allowed to post bond even though he was on Probation for Aggravated Assault. Coe even failed to appear in court on the above charge, yet his bond was not revoked.

Texas Child Protective Services failed to check with Emma's neighbors to determine if any other adult was living in the home or if they observed any signs of problems. A doctor notified CPS of his suspicions of genital herpes which were later proven to be correct.

Emma turned up in an emergency room with signs of sexual abuse and three weeks later her battered body was laid to rest. She had 80 Bruises and a Fractured Skull. Emma's mother, a registered nurse never disclosed to Officials who her new boyfriend was: Lucas Coe.

John Couey, Dean Schwartzmiller and Joseph Duncan are some of the recent cases where convicted sex offenders have been allowed to further their criminal careers all while either allegedly being 'supervised' or required to register as a sex offender. Once again, young children met a grisly death or were marred for life by the above.

The above case scenarios serve as a prime example of systematic failures. Yes, the offenders and rightfully so deserve their fair share of the blame, but our entire criminal justice was a major factor in Jaycee's kidnapping/rape and Emma's horrific death for repeatedly punting out dangerous offenders despite all their failures back out to the community to do what they do best: Re-Offend.

Case Update: Lucas Coe had his bond reduced to $100,000 and was released a short time ago. I am dumbfounded how someone who was already out on Bond for Injury To A Child could once again be allowed to post another bond. One would think that after getting arrested and charged with another felony albeit involving the gruesome death of a Child that his first Bond would be Revoked---But Nooooo that would mean our system was Logical.

I'm betting we have not heard or seen the last of Coe and I pray that another child will not be subjected to the same fate as Emma Thompson did.

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read more “Dugard and Thompson: 'Victims of the System'”

By Andy Kahan

Thirty two years ago New Yorkers were terrorized by a what the media called the "44 Caliber Killer". The Serial Killer randomly prowled lovers' lanes, targeting couples and young women usually with long hair and either murdering them or severely wounding them. In all a total of six people died at the hands of the "44 Caliber Killer" who would later become known as The Son-of-Sam.

The Summer of Sam struck a chord with New Yorkers who read his warning letters that echoed bizarre statements like "I am the Monster--I love to hunt--Prowling the Streets looking for fair game".

Strangely enough the killer was tracked down via a parking ticket spotted on a car near the scene of his last murder. The killer confessed to all six murders and several more attempted murders. The killer claimed he was possessed by demons and ordered to kill by a large black Labrador Retriever he called Sam.

He was sentenced to six life sentences and has been denied parole several times for obvious reasons. He has no delusions of ever being set free.

Fast forward to the fall of the year 2000 where I had become immersed in the issue that I labeled 'Murderabilia'. The past year I discovered this insidious burgeoning industry flourishing on the Internet giant auction site Ebay. I was stunned and mortified to find that high-profile murderers and serial killers were peddling personalized items via third parties for profit. Ebay officials advised me quite succinctly that they were not the morality police and as long as it was legal that they will continue to allow the sales and if you don't like it, feel free to do something about it. So I did.

After getting to know how the 'Murderabilia' industry works I came to the conclusion that perhaps some of the killers might not be aware that their items were being sold. I sent out 20 letters to a variety of Who's Who in the world of serial killers asking them if they were aware that their personalized items were being sold, are they making any money, what do they think about, etc. etc.--basically I went fishing for information. I was upfront as to who I am and even attached print-outs of items being sold bearing their name. Out of the 20 letters sent I received 12 responses and of those 2 really stood out: Susan Atkins and David Berkowitz.

Atkins wrote to me stating "This makes me look callous and unremorseful which I am not and leads to unscrupulous behavior by other inmates and prison guards that now realize they can make money off me". "Let me know if there is anything I can do to assist you".

Berkowitz was extremely articulate and stated "I am very bothered and troubled by what these auction sites are doing and I am willing to help you in any way". He included a notarized statement disavowing involvement in any sale of murderabilia and also a great deal of remorse for his murder spree. In 2001, Berkowitz who has shied away from all media requests agreed at my bequest to appear on ABC'S 20/20 about the murderabilia industry. Funny thing happened; two weeks before the segment was scheduled to air: Ebay made a surprising announcement stating they will no longer allow the sale of murderabilia out of respect for crime victims. Cynical me--I'm sure the timing of their press release had absolutely nothing to do with the 20/20 Story.

Thus a simple form letter began what is probably one of the most unlikely alliances at least in the annals of crime history. For the next nine years Berkowitz and I exchanged dozens of letters and he became a key figure in my war against murderabilia. It doesn't get any better when you have someone for whom all the profiting laws were named after i.e. Son-of-Sam Laws actually working on your behalf to regulate the murderabilia industry.

Because Berkowitz is so high-profile he gets numerous requests from dealers looking to make money off him. All those requests are sent to me which has allowed me to have an enormous insight into how this macabre industry works. For example, several dealers attempt to lure their prey i.e. Serial Killers by appearing to need religious conversion. One dealer asked Berkowitz for spiritual guidance all under the guise of selling his correspondence. Some of course are quite blatant about their business and they let Berkowitz know they would be selling any artwork or autographs in which he would receive a percentage of the proceeds. Believe it or not a so-called Greeting Card Company called Morbid Curiosity sent Berkowitz a card bearing the Son-of-Sam acronym and asked for his approval.

The only favor Berkowitz ever asked me to do was to counter a New York Post article several years ago that his attorney alluded it was time for David to be released. I was contacted by one of Berkowitz's friends and told David was mortified that the public was under the false belief that he wanted to be released. I was asked if I could help set the record straight. I contacted the reporter that wrote the story and advised him that David had no intention of seeking parole and for the record is under the belief that he should never be released due to the atrocities he committed. I even faxed him several letters David sent me stating all the above. The next day's headline in the New York Post blasted out "Son-of-Sam: Let me Rot. Well, at least we got the record straight.

As one can see especially for those that really know me I get a lot of quizzical bizarre looks and remarks due to our unholy alliance. I remind all those skeptics out there that isn't Berkowitz doing what we ask convicted felons do--that is give something back to society and yes Repent.

I advised David a few years back that " Look, you can not go back and change the past, but in assisting me you are at the very least altering the future and by doing so you are making amends". If someone would have told me a decade ago that I would be having a nine year correspondence with one our nation's most Notorious Serial Killers for whom all the Profiting Laws are names after, and he will be a key player in your war on Murderabilia I would have replied sarcastically that I probably would have a better chance of growing my hair back.

Eight states have now passed what is known as The Notoriety For Profit Laws and a Federal Bill has been filed. Without Berkowitz's assistance I sincerely doubt I would have gotten this far. As this story proves you just never really know who your allies are and even some of our nations most notorious killers can give something back to society.

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read more “Berkowitz A.K.A. The Son-of-Sam and I”

By Andy Kahan

In 1976 Lawrence and Judith Watson aged 21 and 19 respectfully were found murdered in Houston, Texas. Their bodies were dumped in woods near a reservoir. Judith was sexually assaulted and both were shot in the head.

Louis Wright TDCJ# 269250 a recently released Parolee from Tennessee was found guilty of both Murders in addition to Aggravated Robbery and was sentenced to Three Concurrent Life Terms.

Since 1976, Jo Rita Kaltwasser and her husband Loy Dale have had to fight the potential parole of Wright 16 times. Yes, I said 16 times- that is not a typo, Wright has been eligible for release since 1985 and believe it or not he was actually approved for parole in 1990. Luckily, we somehow managed to get that insidious decision reversed.

Fast Forward to November, 2008 and the Kaltwasser's received that dreaded Notification for Parole Letter that advised them that Wright is being considered for release once again. The Kaltwasser's once again let the Parole Board know their feelings about releasing the monster that destroyed their lives over 32 years ago and to please keep Wright where he belongs: I.E. Behind Bars.


January, February, March, April, May, June and the first week of July blew by with No Decision forthcoming by the Parole Panel. Yep, over Eight Months and still the Kaltwassers's were left in limbo land; emotionally drained wondering if their daughter and son-in-laws brutal killer would be released. You can only imagine the mental anguish they had to endure waiting on what I would call a No-Brainer Decision: No Parole.

Finally in May, 2009 they were told a split decision was made--one vote for-one vote against Parole and a third voter would decide whether a brutal double-murderer/rapist/robber would be released. Every week the Kaltwasser's would call the Parole Board asking if a decision has been made and every week they were advised an answer would be forthcoming in a week. Finally after getting no answer, I decided enough was enough and called up a weapon of choice: Media.

On Friday July 10Th we were filming a story about the long plight (8 months) the Kaltwasser's have had to endure simply to get a answer from the Parole Board. Reporter Randy Wallace from Fox News decided he wanted to film Jo Rita Kaltwasser calling the Parole Board and Miracles of Miracles she was finally told a decision had been reached. Parole Denied-Set-Off-2 Years.

Maybe I am being a bit cynical but Wow what a coincidence to get a decision when we are filming a news segment. Nah!

The above case was an impetus for changing State Law allowing the Parole Board upon denying release to set-them-off for up to 5 Years. For whatever bizarre reason the Kaltwasser's have never been given a Maximum Set-Off meaning once again in less then 2 years they and I will be back at it.

Because of the extraordinary amount of time it took for a decision to be rendered in this case I decided to scope around other states to see if there was any sort of time-table to reach Parole decisions.

California and Arizona in most circumstances renders a decision the day of the Parole Hearing.
New York takes several days, Florida has up to 90 days and Pennsylvania takes anywhere from six to eight weeks. The Kaltwasser case begs the question: Should there be a set time frame to render a Parole Decision, particularly cases involving violent acts such as Murder and Sexual Assault. It is also from my perspective cruel not only to victims but also to the inmate and his or her family to keep them lingering forever for a decision to be rendered.

Several other Parole cases I am working on that could use some reader input:

Jon Buice TDCJ# 630496 was sentenced to 45 years for the brutal gay-bashing murder of Paul Broussard in 1993. Buice has been denied parole five times and is back in the review process once again much to Paul's mother Nancy's dismay. This fall, Nancy and I will be making our bi-annual trip to Huntsville, Texas to once again let our voices be heard. Again for reasons I have yet to figure out Buice has never received the maximum set-off of 5 years. I guess the Parole Board likes to see Nancy and I every 2 years.

Ernest William Taylor TDCJ# 01318468 was sentenced to 15 years for Burglary with Intent to Commit another Felony. His conviction truly does not depict undisputed facts that he beat Jessica McMurrey to a pulp for which she received over 90 Stitches from the crown of her head to mid-forehead. These scars can never be removed. Taylor was previously on Probation for Aggravated Assault. As one can see the 15 Years he was assessed pales in comparison to the life sentence Jessica received. Taylor has made it be know that when he gets out he plans on finishing the job on Jessica.

Taylor was placed in Parole Review May 2009. We plan on meeting with the lead voter and will be respectfully requesting not only to deny his parole but to please give him the maximum set-off to give Jessica and her family some peace of mind.

To all In Cold Blog Readers--please feel free to contact the Texas Parole Board and voice your concerns. You can either email them at victim.svc@tdcj.state.tx.us--Fax 512-452-0825 or mail--TDCJ Victim Services, 8712 Shoal Creek Blvd., Suite 265, Austin TX. 78711.

Please reference name and TDCJ Number.

Andy Kahan
Mayor's Crime Victims Director
Houston, TX

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read more “To Parole or Not To Parole:That is the Question--And Why So Long To Decide?”

By Andy Kahan

Actor Johnny Depp, who portrays John Dillinger in the soon to be released movie Public Enemies, was recently quoted stating John Dillinger "Is a really cool dude". Depp went on to state that he is a big fan of the other J.D. and that he actually hopes people will root for him.

Depp went on to say "Some people might disagree, but to me he is a real life Robin Hood".

During Dillinger's crime wave he and his henchman killed 10 people and wounded 7 others. A Sheriff was murdered and 2 prison guards were wounded by Dillinger and his men. Of course, banks were robbed during his spree and that made him an icon to the masses.

So, is Depp out of bounds with his praise of John Dillinger? What of all the families that lost loved ones during Dillinger's reign of terror, do they merit acknowledgment from a Hollywood celebrity of Depp's caliber, one who reaches tens of thousands of people anytime he speaks? Or like most victims, do Dillinger's also remain forgotten and left to be buried under the rug?

Andy Kahan
Mayor's Crime Victims Director
Houston, Texas

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read more “Johnny Depp Praises John Dillinger”

Will be on CNN Live around 1:30 PM Central Time and will be on Fox and Friends Tomorrow Morning around 8:30 AM to discuss the status of the 'Murderabilia' Industry

Andy Kahan
Director of Crime Victims Assistance for the Mayor’s Office of Houston, TX

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By Andy Kahan

Late 1994 Bob Fratta was going through an acrimonious divorce with his estranged wife Farrah. During their nine year marriage they produced three children: Amber was three, Daniel was five and Bradley was seven when there mother was brutally taken away from them in a Murder For Hire Plot. Oh and by the way, Bob was employed as a Public Safety Officer for Missouri City which operated as a dual police/fire department.

The cold-blooded pre-meditated actions of Bob Fratta ripped a family apart and ultimately landed him, the hit-man and the middle-man, on death row. In 1996, a Harris County jury heard lurid and bizarre details of a sexual sadist who decided if he couldn't have Farrah no one else would either. The confessions of Howard Guidry who fired the fatal shot and Joseph Prystash who hired him were heard at trial. Their reward for the successful murder of Farrah was $1,000 and a Jeep. Bob also asked if would be possible for his wife to be raped before being killed.

The three motherless children ended up being raised by Farrah's parents Lex and Betty Baquer, who were kept in the dark about their former son-in-law's bizarre sexual practices which, as several juries heard later, included defecation and the use of snakes.

Fratta was granted a second trial after spending 11 years on Texas death row when an appeals court ruled the admissions of the two co-conspirators confessions were illegally obtained. You can only imagine the horror the Baquer family felt when they realized they would have to endure yet another lurid trial with the main difference being all three children were now young adults.

Prosecutors presented testimony from Fratta's workout friendswho all stated they were approached by Fratta in search of a hit man. The main witness was Prystash's girlfriend Mary Gipp, who admitted she knew about the planned murder of Farrah but did absolutely nothing to prevent it. Fratta's own behavior was so bizarre he took his three young children to the crime scene knowing full well his estranged wife had already been murdered. You can only imagine how mortified it must have been for a seven year-old to take the stand in 1996 and then again as a 20 year-old in 2009.

Testimony ranged from the bizarre to the sublime when a phone sex worker testified that after Farrah's murder she received numerous calls from Fratta. She stated she cut him off when he wanted her to not only to defecate on him but that he planned on chowing down on it.. Visuals of that, at least to me, are quite disturbing. A psychologist testified that Fratta wanted his son to start having sex when he was twelve and tried to pressure Farrah into having an open marriage.

Closing arguments proved more drama at hand when Fratta and his female attorney began to hold hands and both started crying. Fratta even went so far as to comfort her by patting her on her back. Needless to say courthouse regulars, including myself, have never encountered such bizarre behavior between an attorney and a client in front of jury.

When the jury returned with their verdict finding him once again guilty of Capitol Murder there was absolutely no emotion shown by Bob. Most of the trial Fratta remained stoic and appeared bored at the proceedings.

The punishment phase had a classic moment when recorded conversations with his girl-friend, now his fiancée, from Florida were played to the jury. The jury heard him propose to her over the phone and he asked her to set up a web-site so he could make money. Oh and by the way, his attorney provided him with nude photos of her, which is a Big No No as far as prison regulations go. Fratta had been previously married and divorced while on death row and during the trial several of his groupies were seen observing his predicament.

I am sometimes asked what women see in death row inmates and the only answer I can come up is, "Well, at least they know where they are every night".

Fratta's daughter went to see her father before the trial began, hoping for some remorse and maybe an apology: She was once again disappointed, as all her father could talk about was himself. He never even asked her about her own life.

The jurors deliberated whether to put him back on death row or sentence him to life, which would have meant 40 years before being parole eligible..

The Baquers were attending there granddaughter's graduation from high-school the day the jury returned with their decision. I had the honor of contacting Lex Baquer via phone to share the news with him. Lex let out a big yell of relief and thanked God. The Baquers now could at least enjoy graduation ceremonies without a giant albatross hanging over them

Bob Fratta said nothing when the verdict was rendered and once again showed absolutely no emotion. The prosecutors agreed to add a provision to the Judgment, stating that he could not profit from the crime in any fashion.

The sad reality is that even though he was once again sentenced to death. Robert Fratta bought himself another decade of life.

Andy Kahan
Mayor's Crime Victims Director
Houston, Texas

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read more “Bob Fratta: Back To Death Row”

By Andy Kahan

This is the Ninth Legislative Session in which I have had the pleasure (?) of promoting victim's rights through criminal justice reform. I continue to be amazed at how certain cases can lead to statewide changes. You will be pleased to learn that this session was no different.

I distinctly recall in 2003 one of the most bizarre, yet egregious glitches in our justice system. Nathan Dale Campbell proposed marriage to his then girlfriend who wisely spurned his request. Campbell became so enraged he gouged his ex-girlfriends eyes out. He was tried and found Not Guilty By Reason Of Insanity. Campbell was sent to Rusk Hospital, where he was to be evaluated yearly.

Seven years later the medical field determined that Campbell was cured and ready to be released back into Society. Naturally, the victim and her family wanted to be advised of his whereabouts (wouldn't you?!) but were advised they didn’t have the right to be advised of where he would be residing. You see under the “law” Nathan "Eye Gouger" Campbell was Not Guilty; hence his victims were not entitled to be notified of squat!

By now you have probably guessed where this is going, and yes, we did change the law to allow for Victim Notification involving Not Guilty By Reason of Insanity. Unfortunately, it was not retroactive. So, beware of the Eye Gouger who might be living next door.

This year, like others in the past, also presented some unusual twists in our justice system that left victims, once again, clamoring for change.

Elmer Wayne Henley, David Brooks and Dean Coril killed at least 27 Houston area Teens between 1971 and 1973. Henley and Brooks are serving Life Sentences while Coril met his maker after being shot and killed by Henley. Three bodies were recovered and remained in the Harris County Morgue for 37 years before a bull-dogged determined Medical Forensic Examiner was finally able to positively identify 15 year-old Randall Harvey as boy brutally and sadistically murdered by the above in 1971. Harvey's surviving sisters were notified and plans were made to finally put their brother to rest.

My office was asked to assist with burial expenses via the Crime Victim Compensation Fund. I contacted the Director and advised him of the unusual circumstances and asked if the Fund could be utilized to assist this family, who waited 37 years to properly bury their brother. However, much to my chagrin and dismay, I was advised that since the crime occurred before the fund went into existence the family was not entitled to receive any benefits at all. I asked if there was any Discretion and was advised Nope, Nada-No Can Do. I then asked very nicely (nicely for me) if the Fund would like to have some discretion.

Senate Bill 808 allows for surviving family members whose cases are Pre-1980 to be eligible to receive Crime Victim Compensation (CVC) benefits, upon identities being properly provided. Surprisingly, there wasn’t anyone who testified against the Bill, not even my good friends over at the ACLU. I anticipate the Bill being sent to the Governor for his signature by the end of the month. Two more bodies remain unidentified, but I am told that those identities are close to being resolved.

Several years ago a doctor's husband tried to hire a hit man to knock his wife off for $10,000. He wanted her to be killed in a car-jacking scheme. Eventually the husband, now ex-husband, was arrested and charged with Conspiracy to Commit Capitol Murder.

A plea deal was worked out with consent from the victim and he was assessed 12 years, three meals a day, plenty of male bonding with two twin beds at Hotel Texas. Lo and behold, because the above offense is not classified as “Aggravated” the Parole Board must review his case yearly. This one really blew me away, too. Conspiracy to Knock Off Your Spouse is not listed as one of the offenses eligible to have your Parental Rights Terminated. Most of the reaction we received from both lawmakers and regular folk was "You have got to be kidding me?" Wish we were.

The victim has met with the Parole Panel twice since 2007--you do the math--and both times he was denied release.

After numerous trips to the Capitol, both Bills sailed through the House and Senate and as the victim adroitly stated to both committees "It's kind of hard to co-parent with the spouse that tried to have you murdered". My good friends over at the ACLU once again missed a golden opportunity to support civil liberties for victims by showing support for both bills.

We await and anticipate the Governor to sign both bills into law. The Doctor who survived her husbands foiled assassination plot will see immediate benefits at next Parole Hearing when the Board will have the means to review his case anywhere from one to five years.

I admire people like this doctor, who took a negative in her life and turned her victimization into improving our justice system. Taking a negative and being proactive is what we are all about. Instead of yelling and screaming about the injustices of the world do what the above examples did. Take Action.

Andy Kahan
Mayor's Crime Victims Director
Houston, TX

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In 1984, Congress passed landmark legislation to ease the burdens faced by victims of crime. The new law, called the Victims of Crime Act, established the Crime Victims Fund to help crime victims pay certain expenses. The law provided that fines from convicted criminals would supply the monies for the Fund. States were able to establish Victim Compensation Programs to assist victims with expenses including medical care, counseling, loss of wages and funerals.

In its 25-year history the fund has grown from $68 Million to more than $2 Billion.

You can well imagine the frustration victims and their families have had to endure prior to at least receiving some semblance of financial assistance. Offenders are provided with meals, housing, counseling and basically 24 hour care while victims were generally left to their own devices.

Our country which prides itself on being called the Land of The Free and Home of The Brave has a dismal track record when you look at the amount of victimization on a yearly basis. Consider that more than 33 Million Americans are Victims of Crime Each Year; you can certainly take the above Free@Brave Moniker and plausibly change it to the land of Watch Your Back or Duck and Cover.

One person is Murdered every 31 Minutes.
One person is Raped every 1.9 Minutes.
One person is Assaulted every 36.9 Seconds.
One home is victimized by Theft every 4.8 Seconds.
One home is Burglarized every 18 Seconds.
One woman is victimized by an intimate partner every 52 Seconds.
One child is reported abused or neglected every 34.9 Seconds.
One person is killed in an alcohol-related crash every 40.4 Minutes.
One person becomes a victim of Identity Theft every 4.9 Seconds.
One Elderly Person is victimized by a Violent Crime every 4.2 Minutes.

In 2006, 25 Million Crimes were committed in the United States; of these, 6 Million were Violent and 19 Million were Property Crimes.

Keep in mind the above are Reported Crimes. Considering that roughly less than fifty percent
of crimes are reported you can easily see how prevalent crime is.

For every one of the above numbers there is unimaginable pain, grief and agony that victims and their families have to endure for a lifetime. Offenders may be sentenced for their crimes but victims are the ones that end up doing a life term. Crime victims have a much higher lifetime incidence of post-traumatic stress disorder than non-victims.

The costs of crime and victimization are staggering: In 2006, the total economic loss to victims was $1.8 Billion for Violent Crime and $16.5 Billion for Property Crime.

April 26-May 2 commemorates National Crime Victims' Rights Week and observances all over the country should make us realize that whether it's domestic violence, identity theft, burglary, sexual assault or homicide, crime can strike anyone at anytime. I would strongly urge all citizens to join forces with local victims' rights organizations and assist them in every which way possible to ensure that victims are being treated with dignity, respect and due process by our criminal justice system.

This year my office in conjunction with Parents of Murdered Children will once again host an event titled Unsolved Homicide Day to call attention to cases where no suspects have been arrested. Trust me, without justice the grief is only intensified.

My favorite saying is "Crime victims are the only unwilling participants in our criminal justice system; everyone else chose their own roles". Still to this day Victims' Rights are a mere courtesy while defendant's rights, and rightfully so, are protected and codified in our Constitution.

Help us take back our country from those who prey upon us and restore our dignity and, most importantly, our Freedom to live without the fear of becoming one of the many nightmarish statistics.

Nobody wants to be, or deserves to be, a Victim of Crime.

Andy Kahan
Mayor's Crime Victims Director, Houston, TX

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The front page story in USA Today yesterday was titled "Teens caught 'Sexting' face porn charges". In the last few months headlines have blared throughout the country about teens facing felony charges of child pornography for using cell phones to send or in teen net lingo (sexting) nude or semi-nude photos of under age children.

Last month six 12 and 13 year-old boys were charged with using a cell phone to send a naked picture of a girl their age. All now face felony charges of child pornography. The irony is that cell phones which parents originally purchased for their child's safety now has become their biggest nightmare.

Cell Phone Public Enemies List includes: Cyber-Bullying, Texting While Driving, Suicide Dialogue, Contact by Sex Offenders and Easy Access to Pornography.

Here are some mind numbing facts that will be escalating in time:

Nearly 50% of teens text while Driving and over 50% talk on cell phones. A recent study shows that texting and driving is even more dangerous than driving while under the influence of alcohol.

Half of all 12 year olds have cell phones and 1 in 5 of them admit to doing things on their phone that their parents would not approve of.

1 out of 5 teens has either posted online or sent by 'Sexting' nude or semi-nude images of themselves.

48% of teens have received sexually suggestive text messages.

For those not familiar with net lingo 'Sexting' is defined as sending out sexual images and or text messages via your cell phone. Here is a reality check for some who might consider 'Sexting' harmless fun: The consent issue is moot, anyone under the age of 18 can not consent by law and it is illegal to have a nude or semi-nude image of a child under 18 on your cell phone. If caught you will be charged with possession of child pornography.

Phones are no longer just that--they are mini computers and that is where problems start for parents. Unfamiliarity with cell phone technology makes parents feel so overwhelmed and intimidated they simply do not want to deal with it.

Some parents monitor online activities of their children but most do not check on the same for cell phones.

Parent Reality Check 101: You can do the same things on a cell phone that you on a computer. This is why kids are getting away from the computers because they know the chances of their activities being checked on via cell is slim to none. Trust me, there is also a Net Lingo of over 4,000 words that teens use that render most parents clueless.

So what's a Parent to do to keep the ever increasing dangers to cell phones? Web-Safety Software, of which in the context of full disclosure I serve on their Law Enforcement Advisory Board, has come up with the first software for cell phone monitoring.

Web Safety is an all-in-one parental control software solution that acts as a tracking device and monitor's your child's cell phone activity. The software provides a form of message monitoring that alerts parents of cyber bullying and sexting. In addition the software can disable a teen from texting while driving and acts as a GPS tracker to monitor your child's whereabouts. Parents can simply program the phone to stop sending or receiving text messages from a predetermined location and will provide a copy of all images sent or received. This is vital in order to determine whether your child could be criminally charged with child pornography.

Web-Safety also detects all the latest lingo used by sexual predators and cyber bullies. Parents get an alert if certain net lingo is sent via a text.

The bottom line is Web Safety will help parents achieve two jobs: Make children safer and making parenting easier, by working to combat issues like cyber-bullying, sexting, driving and texting and other future dangers. Ultimately parents can at least have piece of mind.

In the last few months police have investigated over 24 teens across the country for sending nude images of themselves via 'Sexting'. This is obviously a huge problem and appears to be on the rise. While lawmakers are discussing penalties and crafting new statutes to deal with this burgeoning issue, parents must take control back or else their children could suffer lifetime consequences including having a felony permanently on their record.

Shameless Plug: Web-Safety can be found at http://www.websafety.com/.

Andy Kahan
Crime Victim Advocate

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By Andy Kahan

A local high school teacher pled guilty this week after the jury was deadlocked to 'Improper Relationship with Two Students'. I am sure the late great George Carlin must be itching to come back to Earth to reply: ' Hmmm--so according to court reports the teacher started rubbing on a 16 year-old student, pulled his pants down and began performing oral sex on him while seated in a classroom chair. A janitor informed the principal that the teacher and the student were in the room alone with the lights off'. As Carlin would pontificate--Improper Relationship---B----S, it's having sex with a minor but boy it sounds much more proper to code the offense as Improper Relationship. Oh it gets even better because you see that offense does not require one to register as a Sex Offender. So a 17 year-old caught having sex with a 14 year-old has to register as a Sex Offender but teach does not. Gosh Beave, that just doesn't sound fair.

There are always catalyst cases that cause changes in our laws and the above example clearly illustrates how glitches in our criminal justice system come to light. My motto has always been "Instead of yelling and screaming about the injustices of the world, let's take positive action and remedy the wrong". This is why since 1993 I have helped enact legislation to clear up obvious wrongs in our justice system.

Texas House Bill 265 sponsored by State Rep. Leo Berman would add the offense of 'Improper Relationship with a Student" to other sexually related offenses as having to register as a Sex Offender. Needless to say I plan on testifying in support of this legislation.

For every piece of legislation I have helped enact there has always been a crime victim whose case clearly shows the need for change.

For Example: An 11 year-old girl was struck and killed by a juvenile hit-run friver. The driver was arrested a few hours later and released less then 24 hours later because there were no laws on the books to charge a juvenile with Failure to Stop and Render Aid (again another Carlin monologue on code words). I contacted several legislators to remedy the above tragedy and thus Lori's Law--named after the little girl became law and hence forward juveniles can now be charged with FTSRA.

Two twin girls were sexually assaulted by a juvenile neighbor who was was convicted of Indecency with a Child and sentenced to a youth facility. Several months into his sentence he was sent home on a week-end furlough. The mother of the girls saw him outside and called the Texas Youth Commission to find out why she was not notified. She was told they were sorry she was not notified and it will not happen again. Well, low and behold a month later the same scenario occurred with the mother once again not notified. TYC Officials however this time told her because the offense on her two daughters was not considered 'Aggravated' she was not entitled to be notified of anything. I literally almost dropped the phone after speaking with the mother and decided to take immediate action.

After losing a few more strands of my precious hair, I once again contacted an elected official and enacted legislation that would allow any victim of a juvenile who wants to be notified of any proceedings following the conviction can be at their request. My New York sarcasm was in fine form that day I testified in support of this legislation, as I facetiously thanked the TYC Officials for pointing out this glitch in our system so that it can be changed. Strangely enough TYC Officials were not present at the hearing for a proverbial pat on the back.

The next piece of legislation we enacted has to rank as one of my all time favorites.

We discovered when an inmate was punished i.e executed in Texas, the death certificate stated the cause of death was 'Homicide'. Needless to say members of Parents of Murdered Children were outraged and demanded change. I conducted a thorough research of how other states classified the ultimate punishment and most either listed the death as Judicial Order or Lethal Injection.

I asked a legislator to sponsor a bill and a hearing was scheduled to hear testimony. I was testifying in front of the committee when I was stopped by a Representative who wanted to know if I was trying to punish death row inmates even more. I replied I was only trying to get the record straight. He then asked me "How do you think a death row inmate's family would feel if they had to go to either a bank or a car dealer to settle their loved ones estate and they had to present a death certificate that stated either Judicial Order or Lethal Injection.

I remember pausing and trying not to have a totally befuddled look before I replied; "Sir, with all due respect, I really was not prepared for the bank and or car dealership defense but I am sure their families would be treated with dignity and respect. " I then wondered since it usually takes at least 10 years before punishment is carried out ,what kind of deals is he talking about. Needless to say we were clobbered and I was given a technical knockout. The bill never even got out of committee. Finally, after not one, not two, but three sessions later, as we kept on plugging the bill, it passed and the death certificate was changed to state Judicial Order. It only took us Six Years.

This year I will once again try to remedy several glitches in our statutes through legislation.

I have a Bill filed that will allow victims family to apply for crime victim compensation in cases of homicide where the offense occurred prior to 1980 but the identity of the victim was not discovered until recently. This is based on a recent case where a 15 year-old boy was murdered by Serial Killers Dean Coril, David Brooks and Elmer Wayne Henley in 1971. Thirty-seven years later he was finally identified.

Another legislative proposal we are seeking is to add the offense of Solicitation of Murder for terminating parental rights. I mean if you are trying to have your spouse knocked off there needs to be some serious consideration for allowing one to remain a parent to your children.

I could go on and on but I will leave you with my favorite phrase "Criminal Justice and Logic are Oxymoronic Terms that often have difficult times meeting each other"---The above examples clearly illustrate that quote.

Andy Kahan
Mayor's Crime Victims Director
Houston, TX

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By Andy Kahan

Wow, just when I think I have seen everything peddled on Internet web-sites. Charles Manson's hair sold in the shape of a Swastika, sperm from Massachusetts's school shooter Wayne Lo, fingernail clippings from California serial killer Roy Norris and foot scrapings from The Railway Killer, Angel Maturino Rasendiz Ramirez (Way too many names); now we will be having a government sponsored garage sale offering personal possessions from Ted Kaczynski a.k.a. The Unabomber.

Last week Federal Judges of the Ninth Circuit in California decided that the Unabomber's goods can be auctioned off on the Internet in order to fulfill his court ordered restitution. Of course, the government has no idea or clue how they plan on pulling of the first legitimate legal sale of 'Murderabilia'. Numerous letters, writings, books, journals and other so-called personal possessions will go to the highest bidder. As far as I can tell no bomb making materials will be sold. One can only imagine trying to entice the public, with offerings of owning the only frying pan from a serial killers campsite in rural Montana.

Adding to this bizarre circus like flea market is the fact that the Unabomber sued to try to stop the government from selling his worldly possessions. In a strange twist of irony the Unabomber who threatened to murder people if his works were not published claimed the auction would violate his freedom of speech. His suit was dismissed, and hence Kacyznski can not profit from the sale of his personal items.

The Unabomber owes around $15 Million to his victims so it will be interesting to see how much buyers will pay to own a piece of his soul. From what I have heard, his Montana Cabin will not be for sale and was at one time displayed at the Newseum in Washington D.C. From my perspective the cabin could probably fetch a pretty hefty price, and facetiously the government could sell package tours to unlikely tourists.

The government sanctioned sale of 'murderabilia' produces some interesting quandaries for victim advocates, including myself. I have fought for years to make the sale of 'murderabilia' illegal. Yet now, for the first time, it will be legally sold. Even the Unabomber's surviving victims are split on the issue; some welcome the court-ordered restitution while others consider it blood money. As one can see, there are no universal answers. No matter what happens, some will be upset.

My biggest concern will be who purchases the Unabomber's Sanford and Son items, and what will happen to them. There is no doubt, from my perspective, murderabilia dealers will be frothing at the mouth trying to get their hands on Kaczynski’s possessions for the purposes of future sales. Yet, the sad reality is the murderabilia industry is thriving. Our Federal Government has yet to enact any legislation to prevent the sale of 'murderabilia', so at least in the Unabomber's case some of his victims will directly benefit.

Nevertheless, it will be fascinating to see how our government conducts the first ever legally authorized sanctioned sale of 'murderabilia'. Something tells me that if it is successful we will see more and more personal items of high-profile killers on the market, for the sole purpose of collecting restitution.

Andy Kahan
Mayor's Crime Victims Director, Houston, TX

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I will be appearing on the Nancy Grace show to discuss the potential sales of little murder victim Caylee Anthony's Autopsy Report/Photos.

Andy Kahan
Mayor's Crime Victims Director, Houston, TX

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By Andy Kahan

A routine traffic stop last Sunday December 7th turned out to be anything but routine. Houston Police Officer Timothy Abernethy was fatally shot by an ex-con named Mabry Landor.

Landor fled from his vehicle after being pulled over, and after a short chase shot the officer four times. Witnesses reported that Landor watched the officer fall, shot him again and then calmly walked back to his vehicle. The officer later died from his injuries.

Landor was arrested later trying to change clothes to hide his identity.

I routinely check criminal backgrounds of all arrested suspects. Putting it mildly, I was shocked and dismayed to discover that Landor had racked up 10 convictions since 1998, of which 5 were for felony's.

Three of the five felonies were reduced to serving misdemeanor time in a county jail as opposed to doing time in a penitentiary. Finally, in 2006 Landor was convicted of another felony(Delivery of a Controlled Substance) and was sentenced to 2 years in prison. Landor was released on parole after serving 9 months and naturally continued his criminal career by being convicted of his 3rd DWI. Landor's parole was revoked and he was sentenced to a whopping 2 Years.

That sentence was lumped into his previous 2 years, essentially meaning he received no further punishment. What happened next ultimately played a major role into the senseless death of Officer Abernethy.

On May 7th, 2008, two Texas Parole Board Members rightfully so denied Landor parole and then took it a step further by stating he should serve the remainder of his sentence behind bars, which would have kept him locked up until July 2009.

On May 13th, Landor was placed into what is called Discretionary Mandatory Release, which means he was eligible to be released due to his Good Time Credits. In 1996, I, along with others pushed for our legislators to abolish Mandatory Release, mainly because Serial Killers Like Coral Eugene Watts would be automatically released (see fellow blogger Corey Mitchell's book, Evil Eyes). We did abolish automatic mandatory release, however the Parole Board retained discretion to release.

On June 11th, the same two Parole Board members who previously denied early release to Landor just 34 days ago, elected at their own discretion to release him on Mandatory Supervision.

The question that begs to be answered, and probably never will be, is how on earth could Landor go from being denied parole and then being granted discretionary release in a little over a month. The Parole Board's Chairwoman, Rissie Owens, advised local media that Landor had "No history of felony convictions for assaultive behavior".

Court records clearly show Landor did indeed have a violent past, including charges he beat his father, and broke into his ex-girlfriend's apartment and assaulted her roommate. Here again, the system worked in favor of Landor because prosecutors reduced both felony's to mere misdemeanors. One would logically think that criminal justice professionals would deduce that 10 Convictions over a decade would represent a pattern of criminal behavior.

Landor bared no bones as to who and what he is: Career Criminal. Like clockwork, every time he was released he immediately re-offended. His criminal behavior was so predicable you would think seasoned officials could spot a pattern. Time and time again Landor was given an opportunity to show the world he could be a productive citizen, and each and every time he failed miserably.

Last year the Texas Parole Board voted to deny approximately fifty percent of all eligible discretionary mandatory eligible releases: What a shame Landor wasn't one of them.

From plea bargains leading to reduced sentences, to being released from prison early several times; all of this, from my perspective, played a major role in the senseless but utterly preventable death of one of Houston's finest.

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By Andy Kahan

Serial Killer Arthur Shawcross who was serving life in prison for strangling 11 women in upstate New York died this week. Shawcross's gruesome criminal history included cannibalism and mutilation as well as necrophilia. Shawcross committed all these murders while out on parole for killing two young children in 1972 for which he served about half of his 25 year sentence.

I grew up in upstate New York and in the fall of 1999 while perusing through a local newspaper I read about Shawcross's art privileges being rescinded because prison officials discovered he had artwork for sale on Ebay. Needless to say I was flabbergasted, stunned and any other adjective you could conjure up. I, like most rationale people was under the delusion that inmates could not profit off their notoriety they achieved by committing some of the most despicable crimes known to mankind.

I figured if one serial killer had items up for bid perhaps there was others and thus began the quest to eradicate and legislate 'Murderabilia'. I contacted an Ebay official who much to his chagrin got to know me real well for the next two years and asked about the legalities of allowing third parties to sell personalized items from convicted murderers. I was advised that Ebay was not the morality police and if I didn't like it, feel free to do something about it. I accepted their challenge and the gauntlet was thrown.

Arthur Shawcross and his brethren didn't have an inkling as to what I was about to embark in.

For the next several years I became an active buyer and became so well known I would even get advance notices from dealers of pending items. I was of the opinion that it's nice to print out items being sold but it's even better to actually have them in my possession. Trust me, when I show elected officials strands of hair from a serial killer or fingernail clippings it gets their attention.

I then decided it was time to 'Out' this macabre burgeoning industry by utilizing the most powerful weapon in this country i.e. the MEDIA. Every week I would send out an email to a local newspaper tipping them off to one of their local serial killers peddling tangible goods on Ebay. I would literally look at my watch and count down the seconds before I would receive a call from a reporter and the next day headlines would blare out "Danny Rolling, Gainesville Ripper Items For Sale on Ebay". Naturally, my so-called dealer buddies were none to happy and some of them even had the audacity to ban me from buying their items.

ABC'S 20/20 caught wind of my campaign and agreed to showcase a segment on the 'Murderabilia' industry. Timing was great because I initiated legislation via my friend and fellow victim advocate Mark Klaas in California and Texas would soon follow. The legislation was known as The Notoriety For Profit Law which is now in effect in six other states. Funny thing happened on road to murderabilia: Two weeks before 20/20 was scheduled to air their segment, Ebay sent out a news release stating "They will no longer allow the sale of murderabilia, out of respect for victims families". Timing of their announcement had nothing to do with the 20/20 piece---Maybe I am a bit cynical but wow what a coincidence after dragging them through the mud for two years and all of sudden a national segment where they might not be shown in the most positive light they shut it down. Nah--I must be out of my mind.

Well, what happened next pretty much brings us to where we are today with respect to the 'Murderabilia" industry. The most accurate way to describe what happened is to cite the analogy of 'Well, when you exterminate cockroaches from one room, they simply set up shop somewhere else'. Most of the 'reputable' dealers simply designed their own 'Murderabilia' web-sites and some began their own auction based 'business'.

Today 'Murderabilia' dealers ply their wares under acronyms such as MurderAuction, PrisonBoundSerialKiller, Daisy Seven, Supernaught and Death Row Collectables. Recent items posted for sale include the infamous murderer John Couey's drawings and letters. Couey, you might recall buried little Jessica Lunsford ALIVE.

Federal Legislation has been filed by Texas Senator John Cornyn. The bill is SB 1528 and is known as The Anti-Murderabilia Crime Victim Dignity Act. I am hopeful we can secure a Democrat co-sponsor which is vital to get this bill moving. I would appreciate any suggestions or if you happen to know a good Democrat Senator let him or her know we need their help to once and for all eradicate this insidious despicable industry.

This posting is dedicated to all the victims and surviving family members of Arthur Shawcross: May they have some semblance of peace realizing that they have played a pivotal role in exposing the 'Murderabilia' industry.

Next month I will share with you what some of America's most notorious killers have to say about the 'Murderabilia' industry including probably one of the most bizarre unlikely alliances I have ever developed.

Andy Kahan is the Director of Crime Victims Assistance for the Houston Mayor's office and the Nation's leading voice against Murderabelia

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by Andy Kahan


A mother's worst nightmare has recently come back to haunt her. Jane Doe -- obvious fake name -- was once married to Iranian National Mohammed Malekzadeh and they had one child together.

Doe's nightmare began in 1992 when Malekzadeh was convicted of four counts of Indecency with a Child and three other felonies involving fraudulent prescriptions. Three of his victims were five years old and the other was thirteen. He was sentenced to 20 years for all of the above felonies in 1992.

Doe filed for divorce and kept up with her ex's numerous parole hearings. Finally, in June of 2007, she was notified by the Texas Department of Criminal Justice -Victim Services that Malekzadeh was paroled to a detainer, subject to being deported back to Iran.

This is where the story should have ended. As you can well imagine, it was only the beginning of the nightmare for Doe.

August 2008, while at home, Doe answered a knock on her door. Two Constables handed her a summons that ordered her to appear in Family Court. Doe had no idea her ex-husband had not only not been deported, but that he had relocated only a few miles from her home.

Doe contacted Victim Services to find out what happened and was told with Draconian bureaucratic impunity, that Iran refused to accept Malekzadeh and that he was on parole in Houston and had to register as a sex offender for life. Doe checked the sex offender database and sure enough, there was a picture of a smiling Malekzadeh for all the world to see.

Doe contacted my office to seek assistance. Much to my chagrin, I discovered there are eight countries that consistently refuse to deport back their homegrown felons -- Vietnam, China, Laos, Ethiopia, Eritrea, Jamaica, India, and Iran.

Convicted felons from these countries who are in our country illegally can only be kept in Federal Custody for 180 days. They must then be released into the general population.

You can just imagine how Doe must have felt thinking her ex was back in Iran and her family was finally safe. Talk about the ultimate sucker punch.

This week I met up with Doe at family court. You will be happy to know that Malekzadeh has a court-appointed attorney and is afforded constitutional rights to pursue visitation.

Luckily, I had in my possession a copy of his rules and conditions on Parole which specifically and implicitly state that he cannot have contact with any children under the age of 17. The Judge made it clear to him and his attorney that unless they can get the Parole Board to remove that condition there is no reason to pursue any further court action, in regard to visitation.

Malekzadeh's attorney stated they planned on expediting a hearing with the Parole Board in an attempt to have that condition removed. After the hearing I contacted the Parole Board and was advised there will not be a hearing and that Malekzadeh must go through the chain of command, meaning he must first ask his Parole Officer to remove the condition and then it will move up the ladder. Needless to say, there will not be a hearing and the chances of his condition being removed are about as good a chance of me growing my hair back. Besides, if I find out that the removal is under consideration, I will plaster all parties over the airways.

The sad reality is we really don't know how many other Malekzadehs there are out their living amongst us. According to the Department of Homeland Security, the eight countries have refused to deport roughly 18,000 Convicted Felons.

Senator Arlen Specter of Pennsylvania has filed legislation called the Accountability in Immigrant Repatriation Act of 2008. The act would automatically deny all nations who refuse to deport their citizens back, immigrant visas and would also dent certain foreign aid.

I recently filed under the Freedom Of Information Act a request of all individuals currently on parole supervision who were not deported back to their country of origin. I figure that Malekzadeh is probably not the only one who was released back to the Houston area.

Doe will more than likely have to hire an attorney with her own funds and begin to battle a never-ending legal nightmare that should have ended with Malekzadeh back in Iran.

I shudder to think about the possible outcomes of her case and wonder why our system consistently protects the Malekzadehs of the world, but fails to recognize, or even acknowledge, all the pain, grief, and agony that victims must endure on a daily basis.

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By Andy Kahan

Wow--What a week surviving Hurricane 'I don't like Ike.' Luckily we did not suffer much damage compared to many in the Greater Houston Area. Mother Nature once again let us puny humans know who has the real power.

Once again my favorite media foe, the Houston Chronicle, has let it's readers down. Several recent crime articles simply teased their readers into wanting to know more, but the Chron failed to deliver.

Last month a simply horrific story emerged when four young children were found abandoned in a filthy apartment. They were left alone for over a day with no food, trash piling up, dirty diapers all over the place and roaches everywhere. They were discovered when a neighbor found the oldest child, 7, asking for a ride to school. Police were called to the scene and all the children were taken into child protective service.

The next day the father of the children appeared in court and proclaimed he had no idea of the squalor his children were being raised in. The father, Corey Burist (pictured above), stated that he had visited his children less then two days before and did not observe any of the above conditions.

The mother, believe it or not, was nowhere to be found.

Burist and his attorney argued for custody and his attorney stated that his client was a wonderful young man who had made a few mistakes in his life. Geez, you think a reputable newspaper of this nation's fourth largest city might pick up on that obvious clue and dig into his background.

Oh, by the way, the judge ordered Burist to submit to a drug test. A-ha! Another clue tossed our way.

By now, I am sure like many readers of the Chron you might be wondering What's Up? and is there something in Burist's background that readers should know? Amazingly, since this horrific case emerged there has not been a single sentence in the Chron depicting full disclosure of Burist's criminal history. I, however, will enlighten all.

Burist's criminal career began in earnest in 1993, when he received five years probation for arson. His probation was soon revoked and he was on his way to prison for three years. After he completed his sentence he was later convicted of evading arrest, theft, and assault.

In 2006 he was convicted of possession of a controlled substance with intent to deliver and was assessed seven years probation.

Just speculating, that is probably why the judge ordered him to take a drug test, but remember, I don't have a journalism degree.

Not once did any of the above convictions ever make into print. Several weeks later, Burist and the children's mother, Christina Zook, were later charged with two counts of child abandonment. Zook is in custody, but Burist remains on the lam.

What a shock!! Oh, by the way, Burist tested positive on his drug test.

I could give leeway to perhaps one glaring oversight of criminal history, but two headline cases in a matter of a week is simply too much.

The Chron's headline blasted "Preppy Bandit Captured." Craig Caudill, labeled the Preppy Bandit due to wearing polo shirts and khaki pants while robbing stores, was apprehended and charged with several robberies.

The reporter added a little tidbit that caught my eye when she stated that he had a criminal history.

I, of course, and am sure others perhaps might be inclined to want to know if that history was pertinent. So, after an exhaustive investigation into his past (all of 20 minutes), I discovered that Caudill had four prior aggravated robbery convictions and a drug conviction for which he was sentenced a total of 45 years in prison. The convictions were all run concurrently, meaning for parole purposes he had one 15-year sentence.

All told, Caudill committed over a dozen robberies, including some in Louisiana.

Amazingly, Caudill was paroled on his first review and was released after serving only seven-and-a-half years. While on parole he was taken into custody for testing positive not once, not twice, but three times a lady for cocaine over three consecutive months.

Caudill was not revoked and remained on parole. The next month the Preppy Bandit was arrested once again for several more robberies. Obviously, if Caudill's parole would have been revoked none of the robberies would have occurred.

You would think the story ends here, but now it gets even more bizarre. A simple search on the Chron's archives revealed that they wrote about his original crime spree, because Caudill was once a well know disc jockey for a popular radio station and was known as Dusty McGee. Headlines in 1997 blasted out about the arrest of the well-known D.J. McGee.

I fired off an email to the reporter advising her of all of the above but nothing emerged in print.
Fox News naturally scooped up the exclusive (someone tipped them off) and topped their newscast with "Who is the Preppy Bandit?"

So Chron readers were once again never apprised that the Preppy Bandit was actually a once famous though tarnished disc jockey with quite a colorful criminal history.

I sent a letter to the editor wondering why readers were never told of any of the above criminal history which I truly believe is relevant to the story. I am sure you can guess where my letter went. It's sad and pathetic that readers are not given a complete and accurate depiction of defendants' criminal history especially when it is relevant to the story.

So the next time you read an article about an arrest of a subject and you pick up obvious clues that there's much more to the story you are probably right.
I don't know, maybe I am just a stickler for details.

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By Andy Kahan

On Father's Day June 14th, three year old Denim and seven year old Randy Jr. went missing from their apartment complex in Harris County Texas. Their mother reported their disappearance and the search to find them began in earnest. Texas Equusearch one of the leading search groups for missing children helped organize volunteers to find the children. I also serve on Equusearch's Board of Directors. Finally, after an exhausting five, close to six, days the kids bodies were found dumped near a railroad trestle. They were badly burned and their father Randy Sylvester was implicated and ultimately charged in their grisly death.

Sylvester has a long criminal history mostly in Louisiana. He was currently on deferred adjudication - a fancy term for probation for two years in Harris County for Possession of a Controlled Substance. Part of his conditions included that he must provide verification of employment, perform community service at the rate of eight hours a month, pay probation fees, court costs, submit to an evaluation of his educational skill level and my favorite one of all time: Participate in a Drug Dealer Awareness Program. Needless to say it's too bad the late great George Carlin is not alive: He could probably do one hour alone pondering what one does in such a program. He could recite lines like ; Are you aware you are a drug dealer? Hey, if so you graduate or perhaps you are made aware of the hot spots in dealing. All I know is I gotta have the t-shirt.

You have probably already figured out that probationer Sylvester did None of the Above. That means that he was not in compliance with his court-ordered conditions and by court policy his case should have been sent back to court for disposition. Sadly, there was never a motion to revoke his probation. Whether the court would have taken action, such as revocation, will be a question that will haunt this community for eternity. The bottom line is that little Denim and Randy Jr. not only met a horrific death at the hands of their father but our criminal justice system leniency also played a pivotal role in ending their lives.

See attached news story: http://abclocal.go.com/ktrk/story?section=news/local&id=6231343

When I pursued this issue a typical response from those employed by various criminal justice departments was : They were only technical violation, nothing serious. My retort was simply why have conditions of probation if you are not going to enforce them. Sylvester, and I am sure numerous others like him, played the system like an ace poker player and dared them to call his bluff. The sad reality is that there is a tremendous push to keep cases like Sylvester's from going back to court for possible revocation; hence we might overcrowd our prisons. The chances of a probationer being sent to prison for technical non-compliance of rules and conditions have been steadily reduced over the past few years. According to the Harris County Community Supervision and Corrections Department--fancy title for Probation--revocation rates for technical violators have gone from 2,358 in 2004 to 1,973 in 2007.

Many moons ago when I was a parole/probation officer I was of the opinion when my 'clients' had violated their technical conditions they were sending out clues that something has gone astray in their life. My position has always been more proactive and let's get them off the street before they commit another crime. But alas, our system has a tendency to wait until another innocent person is needlessly victimized and then they go into action. My position has always been if they are violating their rules and conditions of release what on earth makes you think they are going to abide by the laws of society?

The last time I checked Harris County had approx. 3,200 parole fugitives and probation had around 4,900. Basically an entire town has vanished. Most of the above would be classified as technical violators. One can readily see the quandary criminal justice officials find themselves in when it comes to dealing with technical violators.

But getting back to the Sylvester case, my conclusion is I would rather C.Y.A myself and send the case back to court and let the powers that be make the call than to just let it slide and hope for the best. Even if the court did nothing but verbally reprimand Sylvester and warn him to get his act together at least the attempt would have been made. Unfortunately, we will never know what might have happened, and for the sake of future Denim and Randy Jr's let's not make the same mistake again. That's why Judges get the big bucks; to make tough calls. May the tragic deaths of Denim and Randy Jr. not be in vain. Remember, the technical violators of today more than likely will be committing more crimes tomorrow.

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read more “Conditions of Probation:Myths vs. Reality:The Randy Sylvester Case”

By Andy Kahan

All of us who who tune into the news will at some junction watch a segment about a Judge sentencing a criminal to either probation or prison and ordering the felon to pay restitution to their victim. Sounds great--a win win for everyone. The crook gets punished and the victim gets their money back. But alas, like the analogy academia versus the real world collecting restitution brings back the old adage:

Crime Pays

Several months ago I decided to take a look at convicted felons who were paroled to Harris County, Texas and as a condition of their release were ordered to pay restitution. I also took my research one step further as I requested a list of all parolees who owed restitution over the last two years but were allowed to discharge their sentence. I was truly amazed at the numbers and how numerous convicted felons basically got off scott free while owing thousands and in some cases hundreds of thousands of dollars. Talk about the ultimate reward-kind of like failing a grade in school only to get promoted and receive your diploma despite being a utter failure.

Here are some classic examples of how crime pays:

Vranda Bailey was convicted of two counts of Theft and was sentenced to a whopping (3) Years. She was ordered to pay $198,781.00 dollars back to her victim. Bailey served one year in prison and while on parole for two years she managed to pay back $505 and was Successfully discharged owing only $198,276. Not a bad deal.

Corey Thompson killed a person while driving drunk and was sentenced to (6) Years. After serving three years Thompson was released on parole and ordered to pay back $49,047 to the victims family. Thompson diligently payed a total of $378 and was Successfully discharged.

I am sure all of the above victims and their family's feels like our criminal justice system gutted them all over again. One victim aptly stated "What good is the court system if you can't enforce what they say?"

Gregory Stewart murdered a man and was sentenced to a lengthy (5) years. He was released on parole after serving half his sentence and as a stipulation of his early release he was ordered to pay his victims family $7,000. Stewart worked hard and somehow paid a whopping $420 before he too was Successfully discharged. Get the Picture. I even found some offenders who paid a big fat Zero yet they too were allowed to discharge. I often wondered about the poor schumcks who were actually paying their restitution under the delusion they might get sent back to prison for failure to pay. Obviously our criminal justice system does not want felons to realize little if anything will happen to them for failure to pay. All told in the last 20 years, out of $65 million owed to victims by convicted felons the state of Texas collected roughly $4.5 million. That means around 90 percent of court ordered restitution went uncollected. See why Crime Pays.

As a professional Crime Victim Advocate though some may argue that point I have always been of the mind-set it's nice to identify problems but it's even better to offer solutions. The problem in Texas is universal amongst all states trying to collect restitution. A number of measures have been taken to more effectively enforce restitution orders. Several states order any lottery winnings to be garnished and in Colorado they order all tax refunds to be seized for restitution purposes. Iowa takes money out prisoner's trust fund account no matter where it came from. Under California law half of the prisoner's wages (subject to be debated on a later date) are garnished. In Arizona, Missouri and Minnesota, collection agencies have been hired. Kansas gives victims access to offenders' personal financial information. My favorite remedy and one I plan on considering for Texas's next legislative session is what the great state of Kentucky has initiated: Kentucky simply states you will remain on parole until you pay back all the money you owe. What a novel approach--No discharge until you complete your court ordered obligations and pay back your victim.

I also believe offenders should be prevented from obtaining driver's licenses and any professional license until they pay back their victim. I remember a case in Tennessee where a judge sentenced a burglar and then told the victim to go to the burglar's residence and help yourself to any of his property. The judge made the offender watch as the victim proceeded to remove his property. Quid Pro Quo.

As a result of my investigation and media reports the Texas Department of Criminal Justice has ordered any parolee who owes restitution and will be receiving a tax rebate stimulus check to turn the money over to their parole officer. As an equal opportunity offender I also made a similar request for information concerning restitution to the Harris County Supervision and Corrections Department more commonly know as the Probation Department. I asked for a list of all probationers who were allowed to discharge their sentence over the last two years while owing restitution. The department fired back a letter stating they would have to charge me around $1,142 dollars to obtain the above information. I am still mulling over their kind offer.

You would think that all concerned parties would like to know how many probationers got off while owing money to their victims but as the late great immortal Rodney Dangerfield once uttered in the classic movie Back to School--"I must be living in Fantasyland".

So the next time you are watching the news and you see a report that goes somewhat like this:

The defendant was sentenced to five years in prison and also ordered to pay his victim back $10,000 dollars you might ask yourself-Sounds Good but do they really pay it back and what happens if they don't. We really need to make sure our criminal justice practices what it preaches and start putting some teeth back into court ordered restitution. Convicted felons have been playing the ultimate poker game and calling your bluff. It's time to show our hand and start collecting our chips otherwise Game Over.

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read more “Myths of Restitution: Perception vs Reality”

By Michelle Gray with Andy Kahan



“You shouldn't be getting money back from the government when you owe money to crime victims” - Andy Kahan

Barry Crawford was a Houston Firefighter. He was trained to save lives, not take them. But on April 17, 1998 Barry Bernard Crawford stepped across the line and murdered Steven Ray Hardin in cold blood, shooting him in the heart at point blank range. As Steven lay dying Crawford’s neighbors tried to save his life. But Crawford, the firefighter, never pitched in. Instead, he kept asking if his victim was dead, yet, while he continued to grip the rifle as he peered over the top of Steven Hardin’s body.

Steven Hardin was a wrecker driver for Midwest Auto Storage in Houston when he caught the call to go to Crawford’s place and tow his vehicle. Crawford had been parking his vehicle illegally on his neighbor’s property for quite some time and had received a number of warnings that the vehicle would be towed. There is no question that Crawford was quite aware that his vehicle was going to be towed. No question at all. When Hardin showed up and crawled under the vehicle to hook it to the tow truck Crawford emerged from his home proclaiming that Hardin wasn’t going to tow the vehicle, and then began hitting him in the face with the butt of the rifle he had brought outside with him. When Hardin emerged from under the truck he asked Crawford what he was going to do, shoot him? And with that, Crawford shot Hardin point blank in the chest.

On July 31, 1998 Barry Crawford was convicted of murder. But in what is an obvious mockery of justice a jury gave Crawford only 10-years of probation. Judge Ted Poe stipulated the following conditions of Crawford’s supervised release: 1,000 hours of community service and Crawford is mandated by the court to take flower’s to Steven’s grave, pay child support to Steven’s wife for their two children, carry a photo of Steven in his wallet and carry a sign 5-times during the year that reads, “I killed a citizen in Humble.” Even with the sign Steven Hardin isn’t given the dignity of being identified as Crawford’s victim. He’s just a nameless, faceless person on a sign that few people will probably ever look at closely enough to read.

Crawford was also given 6-months in jail but bonded out pending appeal, 17-days after being incarcerated.

Crawford has shown no remorse for his actions, he’s given no apology to the victim’s family. He arrogantly goes about town, walking free, with punishment that is befit of owning an unlicensed pet, not the arrogant wanton murder of an innocent man.

It should come as no surprise that when you give probation for murder the killer is not necessarily going to take the conditions of his generous Get Out of Jail Free card seriously. Such is the case with Barry Crawford. Crawford has never conformed to the conditions of the minuscule slap on the hand that he received for his unjustifiable murder of Steven Hardin.

“Crawford has been skirting the conditions of his probation for years,” [Andy] Kahan said. “He was supposed to carry a picture of the victim in his wallet. But he supposedly doesn’t carry a wallet. He was supposed to have a bumper sticker on his car reading, ‘Don’t mess with drugs,’ but he says he doesn’t have a car. He is about $10,000 in default on his restitution, but he’d make a $2 payment just to say he paid. He was supposed to carry a sign five times a year, but I don’t know the last time he’s done it.”

Barry Crawford, like many American’s, is waiting for his tax rebate check to arrive. Thanks to Andy Kahan’s persuasiveness and the judge's willingness to listen, Barry Crawford isn’t going to have to wait for his tax rebate any longer. Crawford’s not going to be getting one, he has been ordered to forfeit the money as part of the condition of his probation.

“That money shouldn’t be going back to your pocket. That money needs to go back to the victims,” Kahan said.

Andy has also sent a letter to the administrative judge requesting that all Texas courts give consideration to doing the same to other criminals ordered to pay their victims restitution. “It makes sense to me. You shouldn’t be getting money back from the government when you owe money to crime victims,” Kahan said.

There is a balance of tens of millions of dollars in unpaid restitution that is owed to victims. Parolees and those on probation are regaining their freedom and being released from supervision without every having completed the conditions to go along with the privileged liberation from their jail cell. These individuals are regaining their freedom without ever having paid the money owed as part of their agreement to be outside of that jail cell to begin with.

The Texas Department of Criminal Justice has now said that it will begin intercepting tax refund and rebate checks, and thanks to Andy Kahan other Texas criminals might just receive the same fate as Barry Crawford, which is only fitting.

Equally offensive as letting the criminal walk away into freedom without ever having paid their victims the restitution ordered by the court is the notion that murder is such a paltry little crime that it merely warrants probation. In my opinion, offering probation to someone like Barry Crawford is the equivalent of pissing on the grave of the victim. Since when did the taking of a life begin to merit such a disregard in, at the very least, human compassion, that probation and 1,000 hours of community service could be thought of as a justifiable punishment?

According to Andy Kahan, “In 1998 we had about 109 murderers on probation in Texas. We have filed legislation to eliminate murderers from being sentenced to probation, but it has been unsuccessful. Today we currently have 58 murderers on probation in the state. In my opinion this reduction is largely due to the outrage expressed by citizens over the Hardin case.”

House Bill 187 would eliminate the possibility of receiving probation for murder. Steven Hardin’s mother is pushing for it, “We can get the bill out of the House, but we haven’t been able to get it through the Senate. Hopefully this next session it will be passed. So this won’t happen to another family.”

[Andy Kahan is a victim’s advocate and the Director of Crime Victim’s Assistance for the Mayor’s Office in Houston, TX, and is the leading voice against the sale of murderbellia. You can catch Andy tonight on Nancy Grace.]

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read more “No Bucks for Barry; Andy Kahan Strikes a Victory for Victims in Texas!”

In Cold Blog is a true crime blog founded by best selling author Corey Mitchell, and is written by award winning journalists, authors, criminal justice professionals and others.

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