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

The Hate Based Life

September 6, 2009

A decade after the killing of a Chino Hills man and the wounding of five people at a Jewish community center during a San Fernando Valley shooting spree, the convicted gunman has renounced his white-supremacist views while expressing "deep remorse."

"I feel a life based on hate is no life at all," Buford O'Neal Furrow Jr. wrote in a letter from the federal penitentiary in Terre Haute, Ind., where he is serving a life sentence without the possibility of parole. "(Victims) probably will never forgive me, but I am truly sorry and deeply regret the pain I caused."

The concept of forgiveness is a difficult one, especially when contemplating horrid, hate based crimes such as those of Mr. Furrow, Jr. and others who succumbed to a life based on hate and dehumanization.

Professor Morton Winston, Department of Philosophy and Religion, The College of New Jersey, gave an address in 2003 on this topic, and I’m going to draw upon it today. In his talk, Winston recalled a true story related by the famous Nazi-hunter Simon Wiesenthal. Professor Winston re-tells the story in this manner:

Before the war Wiesenthal was an architect in the town of Lemburg in Glacia. He held two engineering degrees. But because he was Jewish he was not allowed to practice his profession and like millions of others was arrested in 1943 and shipped off to the Mathhausen concentration camp. Because he was still young and healthy he was not immediately "liquidated" but instead was assigned to slave labor on the Eastern railway.

One day and he and his fellow slaves were being marched out to work, they passed through the town of Lemburg, where Wiesenthal had taken his architecture degree some years earlier. As he was passing by one of the school building a plump nurse in a white cap came up to him and asked him, "Are you a Jew?" He was surprised by the question, since it must have been obvious to her by his clothes that he was a Jewish slave laborer, but he answered in the affirmative and the nurse motioned to him to follow her. When they entered what had been his former school building, he saw that it had been turned into a military hospital for German soldiers. The nurse led him upstairs and into a room that contained only a white bed a nightstand and a ghostly figure wrapped in white bandages. From the bed he heard a voice saying "Please come nearer, I cannot speak loudly." So Wiesenthal approached the bed.

As he drew near he realized that the figure in the bandages was a severely wounded German soldier. He thought that this soldier would soon die because he could see grayish-yellow stains on the bandages that covered his head. The voice from the bandages said. "I have not much longer to live. I know my end is near." And then he said, "I am only twenty-two years old." With what little strength he had, the dying German soldier grasped Wiesenthal's hand, and drew him closer.

Then he said, "When the sister told me there was a Jewish work detail in town I asked her to fetch me a Jew."

"I must tell you about a horrible deed - I must tell you because you are a Jew."

"I was not born a murderer. My name is Karl and I come from Stuttgart. I joined the SS as a volunteer at age 21.And then I was sent to fight the Russians on the Eastern Front. As our unit advanced, we encountered many dead and dying Russian soldiers. At first I felt bad for them, but one of my comrades spat on a groaning form before he shot him and said 'No pity for Ivan.' So I became harder."

"Then one hot summer day we came to the town of Dnyepropetrovsk. The Russians had retreated in great haste, but there was left a group of people huddled together under guard in the town square. I was told that they were Jews. An order was given and we marched towards this group of 150 or so Jews, many of them were children staring at us with fearful eyes. A truck pulled up and some cans of gasoline were unloaded from it and taken into a house. They we were ordered to drive the Jews into the house. Another truck came up with more Jews, and they too were crammed into the house. "

At this point, Wiesenthal knew what was coming. He had heard about these things before, and did not want to hear about this kind of gruesome business again, and tried to leave. But the dying German SS man gripped his arm and continued.

"Once the doors were barricaded we received the order to remove the safety pins from our hand grenades and to throw them through the windows of the house. When the grenades exploded they began to hear screams, and we saw that flames were eating through the floors of the building. Behind the windows on the second floor I saw a man with a small child in his arms. Behind him was a woman. The man's coat was on fire. He put one hand over the child's eyes and he jumped from the window holding the child. Then the woman jumped. Perhaps they were already dead when they hit the pavement. But we were ordered to shoot them. I can still see the child. He had dark hair and dark eyes. I can never forget this - the image of this family haunts me to this day."

"But later, while fighting in the Crimea I was wounded by an artillery shell, and I was brought here to this place to die. I want to die in peace, and so I need …" And he paused to catch his breath. "I need to be forgiven for this. Lying here in this bed I have longed to tell a Jew about this incident and to beg his forgiveness."

After hearing this Wiesenthal was silent. The room was silent. After a few moments, Wiesenthal pulled him arm away and left the room without saying a word. He rejoined his work detail and later was marched back to their camp, past the German military cemetery on the outskirts of town in which each soldier's grave had a sunflower planted upon it, and thought to himself that the German soldier will be lucky because when he dies will have a sunflower planted over his grave, while Simon's own dead body will be dumped into a mass grave or to fed to the flames of the crematoria.

That evening in the camp, Wiesenthal recounted this strange incident to his comrades. One of them said merely. "It is good that he will die. One less Nazi." But another, his friend Josek, said that he had done the right thing in not forgiving the dying SS soldier because he had no right to do so. "What people have done to you yourself, you can, if you like, forgive and forget. But it would have been a terrible sin to forgive this man for causing the suffering of others. You are in no position to forgive him"

But Wiesenthal replied: "Perhaps you are right. But this fellow showed deep and genuine remorse and repentance, he did not try to excuse himself for what he had done. And he realized that he had no more time to repent and make amends for his crimes. He was raised as a Christian. He was not raised to be a murderer. The Nazi's made him into one."

The next day when Wiesenthal was sent out to work again the same nurse came to him and asked that he follow her. He was dreading another visit to the dying SS soldier’s room, but instead she took him to another room, opened a closet and gave him a package. She said "The soldier you spoke with yesterday died last night. Before he died he told me to give you this package containing his possessions." Wiesenthal refused to take it. He told the nurse to send it all to the soldier's mother, whose address was on the package.

Wiesenthal survived. His camp was liberated by American troops in May of 1945. After the war, he went to visit the mother of the dying SS soldier that had offered him his confession. He saw the package that he had refused to take. But he did not tell the woman what her dying son had told him about what he had done to the Jews of the village of Dnyepropetrosk. He again remained silent.

At the end of this story Wiesenthal asks us to consider his moral dilemma. Was it wrong for him to remain silent and refuse to ease the last moments of a repentant Nazi? What about the silence of the Germans and Poles who said nothing as they watched their Jewish neighbors being led away to be slaughtered? The crux of the matter, he says, is the question of forgiveness. He asks that you who have now heard this story place yourself mentally in his situation and ask yourself, "What would I have done?"

Winston provided no “correct answer,” and neither did Wiesenthal. Winston ended his presentation by mentioning one of the most famous psychology experiments of all time. They even made a TV movie out of this.

Stanley Milgram attempted to see how likely it was that people could be induced to obey authority in defiance of their own consciences. His subjects were American college students. The subjects were told that they were taking part in a study of learning. One student posed as the learner (but was really an actor working for Milgram), while the real student subject was given a button to push and was told that he was to push it whenever the "learner" made a mistake. The subject was told that by pushing the button he would give the learner an electric shock. Participants were led to believe that the experimenter, by moving different switches could increase the level of the electric shock that would be deliver to the "learner" when the subject pressed the button. The learner was strapped to a chair in the next room and acted as if he was being shocked when the subject pressed the button. There were 30 switches ranging from 15 to 450 volts. At 75 volts the learner grunted' at 120 he began to protest, and 150 he demanded to be released from the experiment,. At 285 volts the learner began to scream and shriek. And this screaming and shrieking continued up the to maximum level of 450 volts with the switch that was marked Danger - Severe shock 450 volts.

Milgram found that of his 40 subjects, 26 continued all the way up to the last shock level on the generator. Sometimes they hesitated, but the experimenter just firmly told them to continue, and most of them did, even though the "learner" was screaming in agony. This was at Yale. Not believing the results of Milgram's study, another psychology professor, David Rosenhan repeated the experiment at Princeton. 80% of his subjects were fully obedient. There was, however, one student in Rosenhan's study who refused to give even the first shock. His name was Ronald Ridenhour. A few years later, when Ridenhour was in Vietnam, he was the one who blew the whistle on the American soldiers who murdered innocent civilians in the village of My Lai.

“Ridenhour proved that it is possible,” said Professor Winston, “to build up and strengthen our moral defenses and to guard ourselves against the tendencies that lead us to dehumanize others, to obey authorities that give illegal orders, and to stop up our ears to screams, and harden our hearts to the suffering of others. Humans do not have to be cruel to one another. We can and do learn to love one another.”

And yes, forgive.

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I love America, and am a flag waving patriot. What I love about America is everything I learned about this country when I was a kid, and all the praise I heard of this land of opportunity from my parents and relatives who came here from other countries to escape repressive regimes and totalitarian states. The Statue of Liberty welcomed my father, uncle, aunt and grandmother to the Land of the Free when they arrived at Ellis Island.

In America, thank God, there is one fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.. That “fundamental instrument” is the writ of habeus corpus. It is this that serves as the all important check on the manner in which state courts pay respect to our Federal constitutional rights.

Take away what is termed the “Great Writ,” and America ceases to be America. Without it, you can be abducted, imprisoned and never told why. You can be thrown in jail and never allowed to have a lawyer, know the charges against you, or have any idea how long you will be held.

Does that sound legal to you? It isn’t legal, of course, despite the fact that it was done with horrific regularity under the previous American administration, and as of this date in 2009, the United States Department of Justice is still seeking ways “around” this centuries old principle of justice, and the guarantees of the Sixth Amendment of our Constitution.

The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions in federal courts. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

In case you’ve never heard of the Sixth Amendment, it goes like this (feel free to sing along):
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Doing away with our Bill of Rights, the writ of habeus corpus, and all those other things that make America, “America” may sound like a fine idea to you -- and they did to J. Edgar Hoover back in 1950 when he submitted a list of about 1200 people he wanted locked up indefinately without charges or trials -- but for a true crime writer, it is terrifying. Think about it. How can a crime journalist write about the charges against you if there are no charges, but you are arrested anyway? How can we talk to your defense attorney if you are not allowed to have one? How can we cover your trial if there isn’t one? And who can debate the justice of your sentence if you are locked up indefinitely without ever being charged with a crime in the first place? If you are executed secretly in the middle of the night, we can only talk about it after the fact. Even then, the government could insist it never happened.

Do you think none of this could happen to you? I’ve got news for you. In countries where they don’t have the writ of habeus corpus, people simply “vanish” in the middle of the night. Where there is no Bill of Rights, innocent people languish in jails without ever having a trial, or being informed of charges. Where there is no writ of habeus corpus, even young girls find themselves abducted and strung up by the neck until dead.

If you doubt my words, look at this picture of 16 year old Mona. She was hanged by the neck for being some sort of "enemy" or "spy" because she taught a morals and ethics class for younger children. She didn't do it for money. She simply did it for the same reason you might teach Sunday school at your church. You see, her religion wasn't "the right one" -- she wasn't Christian, Muslim or Jew in a country where if you are "other" you have no rights, no protection. You see, withouth the protections of a Bill of Rights allowing people to have any religion they want, and practice it freely, even a 16 year old girl can have a noose put around her neck. Oh, those that killed her considered her some sort of subversive -- a non-combatant enemy of sorts in a "culture war."

If you want to know what she taught that got her killed, I did some research and uncovered her lesson plan. Here is the English translation of what she was teaching those kids:
"Be generous in prosperity, and thankful in adversity. Be worthy of the trust of thy neighbor, and look upon him with a bright and friendly face. Be a treasure to the poor, an admonisher to the rich, an answerer to the cry of the needy, a preserver of the sanctity of thy pledge. Be fair in thy judgment, and guarded in thy speech. Be unjust to no man, and show all meekness to all men. Be as a lamp unto them that walk in darkness, a joy to the sorrowful, a sea for the thirsty, a haven for the distressed, an upholder and defender of the victim of oppression. Let integrity and uprightness distinguish all thine acts. Be a home for the stranger, a balm to the suffering, and a tower of strength for the fugitive. Be eyes to the blind, and a guiding light unto the feet of the erring. Be an ornament to the countenance of truth, a crown to the brow of fidelity, a pillar of the temple of righteousness, a breath of life to the body of mankind, an ensign of the hosts of justice, a luminary above the horizon of virtue, a dew to the soil of the human heart, an ark on the ocean of knowledge, a sun in the heaven of bounty, a gem on the diadem of wisdom, a shining light in the firmament of thy generation, a fruit upon the tree of humility."

That's the sort of stuff that can get you killed in a land with no writ of habeus corpus, no Bill of Rights, no Sixth Amendment. If you think that can't happen here, in the Land of the Free, remember that it happened where Mona lived -- a country with a 2500 year heritage of being the first country to have a charter of human rights. The past doesn't matter if a government can come up with an excuse to take away your freedom.

In America, we still have rights. If you want to wave the flag, never waive your rights. We have troops in other countries supposedly protecting our freedoms. Show your support for our troops' efforts by protecting our freedoms right here in America, and keep us the Land of the Free. Besides, if there are no charges and no trials, how can a defense attorney make a living? The last thing America needs is a Federal Bailout for lawyers!

For more information about Mona, and the upcoming feature film about her life and death, visit http://monasdream.com

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By Burl Barer


If James Bond were real, the real "M" would be Dame Stella Rimington.

The former head of MI5 has, since stepping down, made outspoken attacks on the Government’s erosion of civil liberties, and warned that a culture of fear could lead to a police state. She warns that the Governments of the UK and the USA are doing the terrorists' work for them.

According to Rimington, the Government is "frightening people in order to be able to pass laws which restrict civil liberties, precisely one of the objects of terrorism: that we live in fear and under a police state."

"We at ABC are as guilty as any other media outlet," the network admitted in 2007, acknowledging its role in fear-mongering, "[and] the reason we scare people is simple: fear gets your eyeballs. For broadcast media, eyeballs equal ratings."

The pay-off for broadcasters, talk show hosts, and, yes, true crime writers is increased revenue. The pay off for the viewers, listeners and readers, however, is not so pleasant. This culture of fear not only distorts people's perceptions of life, but it manifests itself in laws and social policies far more dangerous than any of the overblown threats manufactured to get ratings or garner political support.

With the FBI confirming that they have never found a single al Qaeda terrorist cell in the United States, the "easier sell" for fear is the myth of the innumerable sexual predators prowling the Internet, and those damn "incurable" sex offenders going after your kids.

Most sexually abused children are not victims of convicted sex offenders nor Internet prowlers, and most sex offenders do not re-offend once released. This information is rarely mentioned by journalists more interested in sounding alarms than objective analysis.

"There's been some overreaction to the new technology, especially when it comes to the danger that strangers represent," said Janis Wolak, a sociologist at the Crimes against Children Research Center at the University of New Hampshire in Durham.

Ask the average TV news watcher if sex assaults on teens is on the rise, and they will certainly assume the answer is yes, and that the increase is due in part to the Internet. FACT: Sex assaults on teens fell 52 percent from 1993 to 2005, according to the Justice Department's National Crime Victimization Survey, the best measure of U.S. crime trends.

Bottom line: "Driving kids to the mall, and leaving them there for two hours," says Wolak, is far more risky than having them wander around the Internet.

Now, let's take on those scary sex offenders who have been released to live among us. According to the Justice Department, sex offenders are in fact less likely to re-offend than other criminals. The study of nearly 10,000 men convicted of rape, sexual assault, and child molestation found that sex offenders had a re-arrest rate 25 percent lower than for all other criminals.

While the abduction, rape, and killing of children by strangers is very, very rare, such incidents receive a lot of media coverage, leading the public to overestimate how common these cases are. The vast majority of crimes against children are committed not by released sex offenders, but instead by the victim's own family, church clergy, and family friends. According to the National Center for Missing and Exploited Children, "based on what we know about those who harm children, the danger to children is greater from someone they or their family knows than from a stranger." If lawmakers and the public are serious about wanting to protect children, they should not be misled by "stranger danger" myths and instead focus on the much larger threat inside the home.

No discussion of this American culture of fear would be complete without mentioning the "real" threat of a terrorist attack. You know about those terrorist cells, right? You saw them in a made-for-tv movie. You also saw brain eating zombies in the movies, but you are not about to shred the Bill of Rights because of brain eating zombies.

WHAT IS THE REAL THREAT OF A TERRORIST ATTACK?
Sooner or later, someone would actually take the time and effort to figure that out. Professor John Mueller, a prestigious political science expert, and Chair of National Security at Ohio State University, did the calculations:

If terrorists were able to get past each of the 25 or more hurdles involved in assembling and deploying a nuclear weapon in the United States -- granting them a 50-50 chance of success at each stage -- their ultimate chance of success approaches something like one in a billion. "It becomes very close to an impossibility,'' says Mueller.

Assessing all the vulnerable points in American society -- from its shopping malls to trains and any place where large numbers of people assemble -- he suggests that the risk of trouble in any one place is infinitesimal.

"Since 9/11, some two million foreigners have been admitted to the United States legally and many others, of course, have entered illegally," he said, "Even if border security has been so effective that 90 percent of al Qaeda’s operatives have been turned away or deterred from entering the United States, some should have made it in -- and some of those, it seems reasonable to suggest, would have been picked up by law enforcement by now. The lack of attacks inside the United States combined with the inability of the FBI to find any potential attackers suggests that the terrorists are either not trying very hard or are far less clever and capable than usually depicted."

So, if the terrorist threat to the United States by al Qaeda is "overblown," what the hell is going on? This takes us back to Dame Rimminton's warning, and the "culture of fear."

The purpose of terrorists is to scare you. Politicians want to scare you to get votes and support. Media outlets want to scare you to get ratings. I don't want to make you paranoid, but we are all out to get you. Yes, YOU. This is all about YOU.

I know you are reading this. Your name is on a list. Your bank account number is on all your checks, or didn't you notice that? The telephone number of your business is in a big book with color coded pages, and there is a special agency of the United States Government that keeps track of every cent you ever earned, and it knows your Social Security number! Be afraid. Be very afraid. However, if you buy all my books, you can sleep at night knowing that one more champion of justice didn't go to bed hungry. After all, if you can't trust a true crime writer, who can you trust?
(Burl Barer is an Edgar Award winner and two time Anthony Award nominee. He is the author of several books, all of which are mandatory purchases, including MOM SAID KILL.  He is also remarkably charming, incredibly good looking and modest to a fault. He also writes his own promotional material)

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By Burl Barer


A United States Secret Service agent admitted scrawling "Islam is Evil" on a Muslim prayer calendar while investigating a counterfeiting case in Michigan. This sort of rude and offensive behaviour is something we might expect from an ignorant twelve year old boy, or Ann Coulter.

It was the personally affable and calculatedly offensive Coulter who, on national television, said of Muslims, "We should invade their countries, kill their leaders, and convert them to Christianity."

Everyone is entitled to his or her opinion, including Coulter. I’ve spoken to her informally, and found her quite pleasant with a self-deprecating sense of humor. So, I’m sure she won’t be offended when I say that when it comes to fostering understanding and goodwill, she and her ilk are OOTFM—Out of Their Friggin’Minds.

Islam bashing in American media has somehow become cool, and the promulgation of outright lies about the Qu’ran, Muhammad, and the teachings of Islam are broadcast without a second thought—or no thought at all.

Hate crimes against Muslims are increasing at an alarming rate. While attacks on Muslims may often be motivated by racist or ethnic bias, intolerance is increasingly directed at Muslim immigrants and other minorities expressly because of their religion. Women who wear the ħijāb—a highly visible sign of a woman’s religious and cultural background—are particularly vulnerable to harassment and violence by those who wish to send a message of hatred. While law enforcement officials have responded to some of the more serious cases in several countries, underreporting remains a key problem, as most victims refrain from reporting attacks to the police.

I am not Muslim, and my co-religionists are currently suffering under the policies of a so-called Islamic regime in Iran. As a responsible journalist, however, I cannot remain silent when the religion of Islam is bashed, the Qu’ran insulted, and the teachings of Islam misrepresented. Truth must be the standard, and what I am hearing on radio and TV talk shows about Islam is not the truth.

The reality is this: The religion of Islam is, as written, a religion of peace, mercy, compassion and justice. Acts of terrorism are forbidden in Islam. The taking of hostages is forbidden, the destruction of homes and property is forbidden, the mistreatment of women, children and the elderly is forbidden. Anyone who says that Islam is a religion of war, of hatred, of prejudice and injustice is speaking from manifest ignorance. Sadly, there are people of all Faiths who, ignorant of what their own Holy Books teach, blindly follow every idle pratler or puffed up clergyman.

There is nothing cool or patriotic about insulting Jews in general, Christians en masse, or demonizing all Muslims. Hitler already gave us a good example of where that sort of rhetoric leads. The rise in hate crimes against Muslims in America may be directly linked to irresponsible talk show hosts, authors exploiting fear to garner greater book sales, or clergy of other faiths attempting to solidify their "flock" by creating a common enemy. The true enemy is ignorance and prejudice.

Bottom line when it comes to the link between religion and crime: Murder Incorporated was headed by Meyer Lansky, a Jew. He did not represent the reality of Judaism and Torah. He was a criminal. I doubt Moses liked him. Osama Bin Laden can claim he is a Muslim all he wants,but he doesn’t fool anyone who actually reads the Qu’ran. He will have one hell of a time explaining himself to The Prophet should there actually be a day of reckoning.

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By Burl Barer

For the young widow of Tacoma, Washington businessman Robert Henry, September 11th is both the date of his cold-blooded murder, and the date that his murderer went to prison.

Robert Henry died on September 11, 1995 from a shotgun blast to the head.
Henry came out of his Tacoma, Washington office at about 5:40 p.m., walked to his vehicle in the parking lot, and was immediately accosted by a man clad fully in black, including a black ski mask.The first shot smashed into Henry's car. Others in the parking lot sought shelter as the gunman approached Henry, had words with him, and then executed him before fleeing on foot through a fence, and then driving off on a black motorcycle.

The lead detective on the case was Robert Yerbury, second of three generations of Yerburys serving on the Tacoma Police Department. Yerbury relentlessly pursued this case for six long years, making this the most extensive investigation in the history of Tacoma law enforcement.

Upon learning of the homicide, Paula Henry, Henry's wife, called police and identified Lawrence Shandola, her co-worker and Henry's former business partner, as a possible suspect. The police questioned Shandola that evening on the front porch of his home. Shandola denied knowledge of the homicide, stating that he had been repairing his house all day. Near the same time, police found shotgun shells at the crime scene, but no weapon.

April 1998, a shotgun was found under blackberry bushes on a hill near the parking lot where Henry died. Analysis showed that this was indeed the murder weapon. Next began a laborious search for the chain of ownership of the weapon.

"The investigation reached from as far as Canada , to the Caribbean and into states adjoining Washington and included thousands of pages of follow-up information," recalled Yerbury. "The weapon was, after five years, linked to Lawrence Shandola."

Before the police completed their investigation, two potential witnesses died. Jason Graham, who had provided the police with a description of a car parked near the crime scene, died in a car accident in August 1996. Roscoe Buffington, who had told police about seeing Shandola at his home on the day of the crime, died in July 1998.

On January 23, 2001, the State charged Shandola with first degree murder for Henry's homicide. The trial court denied Shandola's motions to suppress evidence and to dismiss the charge based on alleged discovery violations, and the matter proceeded to trial on July 2, 2001.

"Sixty four State witnesses and eighteen defense witnesses testified," recalled Detective Yerbury. "James Graham, Jason Graham's father, testified about the silver blue
Mercedes that he and his son had observed near the crime scene in the early afternoon of Henry's murder, a vehicle that was very similar in appearance to the Mercedes Shandola owned."

Henry's widow and his former acquaintances described the conflict between Shandola and Henry that arose out of their former business partnership. "The dispute between Henry and Shandola culminated in a 1993 New Year's Eve altercation," said Yerbury. "Shandola punched Henry, and Henry later sued Shandola, seeking a judgment to recover his medical damages."

Some of Shandola's co-workers testified that soon after the homicide, Shandola offered to sell them a shotgun and another co-worker who had cooperated with the police investigation testified that Shandola had threatened him. Paula Henry testified that she had obtained a restraining order against Shandola for harassing her after Henry's death.

Shandola presented an alibi defense, asserting, contrary to his earlier statement to the police, that he was at the home of a friend, Reta Peck, at the time of the murder. The jury rejected the defense and found Shandola guilty as charged. The court then denied Shandola's motion for arrest of judgment or, alternatively, for a new trial and, instead, he was found guilty as charged.

"Shandola was sentenced to 31.5 years in prison without possibility of parole," stated Yerbury with a detectable note of well-deserved pride, "On September 11th, 2001, exactly six years from the date of the murder of victim Robert Henry, Lawrence Shandola left on the chain to begin serving his sentence."

This case could have remained unsolved were it not for the unflagging dedication of Detective Robert Yerbury, the ceaseless determination of the victim's widow, and a police department that spared no costs or efforts to bring the killer to justice.

Yerbury's father was on the Tacoma PD during the corruption scandals in the "old days" and emerged unscathed. Bob, also an honest and dedicated cop, has distinguished himself repeatedly with his fine work in solving homicides and treating people with compassion and understanding. Now, his son is the third generation of Yerburys to proudly wear the badge of the Tacoma Police Department. Three generations of integrity and dedication certainly deserve recognition, and it is my pleasure to do so here on In Cold Blog.  

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By Burl Barer

One kid goes missing under controversial circumstances,and America sits transfixed as television’s talking heads report, conjecture discuss and take your phone calls “right after this commercial message.” In the world of True Crime, this is called “playing small,” “water cooler crime,” or “diversionary disaster” -- individual life tragedies that are easily marketable, get ratings, and keep viewers “entertained.” Everyone can say “poor little (insert name). I bet (insert name) did it.”

This is social issue slight of hand. There isn’t an impure motive behind the reportage, but simple common sense: news is entertainment. Keep it at the level where everyone can say “I think…” when what they think is irrelevant, and what they can do about it is absolutely nothing. These little tragedies, as regrettable as they truly are, dominate the “news” because of their ability to capture the imagination and morbid fascination of the viewing audience. We can have trial by talk show, indictment by ill-informed opinions formed from broadcast sound bites.

Face it, folks. There isn’t a damn thing you can do as an individual to free that kidnapped kid, find the unfound body, or unravel the “who killed little (insert name).” Ironically, the kidnapping, murders, rapes and disappearances over which you can have influence over the outcome receive the least reportage. Not on ICB; not today.

Today I’m reporting on a horrific crime -- a series of crimes, actually -- the outcome of which you can actually influence. Honest. Here we go:

In a coordinated operation on Wednesday January 14, ten families affiliated with the Baha’i faith were harassed by Iranian regime security agents, their belongings searched, confiscated and their members arrested and taken away to Evin prison. Among those arrested was Aziz Samadari, whose father was executed in that same prison in 1992 without any official charges or judgment. The official position of authorities is that Mr. Samadari’s death was suicide. His body, to this day, has never been located or returned to the family. Evin prison is not open to the International Committee of the Red Cross, and those who have survived this prison report repeated incidents of torture.

Here is the press release from the Baha’i International News Service:

Six Baha'is arrested in Iran; one worked for Shirin Ebadi's rights organizations
15 January 2009

GENEVA — At least six Baha'is were arrested in Iran yesterday, including a woman who worked at human rights organizations connected with Nobel prize winner Shirin Ebadi.

According to reports received from Iran, the six were arrested after government security agents raided the homes of at least 11 Baha'is. During the raids, they also confiscated Baha'i books and other items, such as computers and photographs.

Among those arrested was Jinous Sobhani, who worked as an assistant for the Organization for Defending Mine Victims and also for the Defenders of Human Rights Center. Both were founded by Mrs. Ebadi.

In an interview with CNN, Mrs. Ebadi said today that Ms. Sobhani had been laid off from both organizations after government agents raided Mrs. Ebadi's offices and shut them down in December.

While some reports indicate that more than six Baha'is were arrested yesterday in Tehran, those confirmed so far include Ms. Sobhani, Mr. Shahrokh Taef, Mr. Didar Raoufi, Mr. Payam Aghsani and Mr. Aziz Samandari. Mr. Golshan Sobhani was also arrested but was released a few hours later. It is unclear whether he is related to Ms. Sobhani.

"The arrest of these individuals reflects not only the grave situation facing Baha'is in Iran but also the overall human rights situation there," said Diane Ala'i, a representative of the Baha'i International Community to the United Nations in Geneva.

"As far as we know, all of these people were arrested primarily because they are Baha'is," said Ms. Ala'i.

But she confirmed the fact that Ms. Sobhani worked for the two organizations founded by Mrs. Ebadi.

"The connection of Ms. Sobhani to the work of Mrs. Ebadi's organizations points to the gravity of the situation in Iran, where the government seems intent on stifling any expression of the importance of human rights or religious freedom," said Ms. Ala'i.

In December, the Baha'i International Community condemned the closing of Mrs. Ebadi's Defenders of Human Rights Center in Tehran and called for its reopening.

Now, here is where you can actually help. International pressure does make a difference.

Please feel free to use those templates and send them to the Ambassador in your country (http://www.iranvisa.co.uk/iranian-embassies.html) and to the Iranian governement:

1) Leader of the Islamic Republic, His Excellency Ayatollah Sayed Ali Khamenei, The Office of the Supreme Leader, Shoahada Street, Qom, Islamic Republic of Iran, Faxes: + 98.21.649.5880 / 21.774.2228, Email: info@leader.ir / istiftaa@wilayah.org / webmaster@wilayah.org;

2) President, His Excellency Mahmoud Ahmadinejad, the Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran, Fax: + 98.21.649.5880, E-mail: dr-ahmadinejad@president.ir;

3) Head of the Judiciary, His Excellency Mr. Mahmoud Hashemi Shahrudi, Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran, Fax: +98.21.879.6671 / +98 21 3 311 6567, Email: Irjpr@iranjudiciary.com;

4) Minister of Foreign Affairs, His Excellency Mr. Manuchehr Motaki, Ministry of Foreign Affairs, Sheikh Abdolmajid Keshk-e Mesri Av, Tehran, Islamic Republic of Iran, Fax: + 98.21.390.1999, Email: matbuat@mfa.gov;

5) Permanent Mission of the Islamic Republic of Iran, Chemin du Petit-Saconnex 28, 1209 Geneva, Switzerland, Fax: +41 22 7330203, Email: mission.iran@ties.itu.int;

6)Ambassador Mr. Ahani, Embassy of Iran in Brussels, avenue Franklin Roosevelt, 15 A. 1050 Bruxelles, Belgium, Fax: + 32 2 762 39 15. Email: iran-embassy@yahoo.com.

Here is the updated English version with legally binding articles of the Internatinal Convenant on Civil and political Rights:



Your Excellency,

It is noted that Shahrokh Taef, Mr. Didar Raoufi, Mr. Payam Aghsani, Mahvash Sabet, Fariba Kamalabadi, Afif Naimi, Said Rezai, Vahid Tizfahm, Jamaleddin Khanjani and Behrouz Tavakoli and Aziz Samandari have been arbitrarily arrested and are currently detained in your prisons without any reason.

Despite condemnation by the International Community on several occasions, and specifically those contained in the resolutions concerning the non-respect of Human Rights in Iran, I am deeply shocked to observe that these arbitrary arrests and detentions continue.

I request the immediate and unconditional release of all Baha’is detained in your prisons without any evidence or for fallacious reasons. I demand the enforcement of all the Human Rights Charter articles that the Iranian Government signed on December 10, 1948. I specifically refer to the following articles: 2, 3, 5, 6, 7, 8, 11, 13, 20, 22, 23, 26, 28 of the Charter, and especially article 9 “No one shall be subjected to arbitrary arrest, detention or exile.“, as well as articles 9, 10 and 18 of the International Covenant on Civil and Political Rights signed by Iran on June 24, 1975.

Yours faithfully,

==================
Go ahead. Sign it, send it. Yes, you can actually have influence over the fate of innocent people. Oh, yes, the water cooler discussions about situations out of your hands will continue, don’t worry about that.

Once again, this is “Never Again’ all over again. While you ponder whether you “want to get involved” by printing out that letter and actually signing your name, you can read the following summary of related acts of persecution currently used in a coordinated assault on the Baha’is of iran.

At least four Baha’is were detained in Ghaemshahr on 18 January, following raids at their homes some days earlier. At least 40 Baha’is are in custody in various cities and towns in Iran, solely because of their religion.

Six Baha’is were arrested in Tehran on 14 January following early-morning raids at the homes of 12 Baha’i families. One person was released after a few hours, but the other five were taken into custody. In a separate case, a young Baha’i woman visiting Tehran from Shiraz was taken into custody on 15 January.

On 12 January, government workers entered a Tehran cemetery and destroyed an entire section that contained the remains of persons – including Baha’is -- executed in the years immediately following the Islamic Revolution in Iran in 1979. A week later, the Baha’i cemetery of Ghaemshahr was attacked for the fourth time in eight months, this time resulting in almost total destruction.

The seven members of a national Baha’i coordinating committee are still locked up in Tehran’s Evin Prison, where they have been incarcerated since last year.

Arrests and detentions

On 18 January, four Baha’is were detained in Ghaemshahr in the province of Mazandaran. Earlier their homes had been raided by agents of the Ministry of Intelligence. Those detained are Mrs. Farzaneh Ahmadzadeh, Ms. Emilia Fanaiyan, Ms. Taraneh Sanaie, and Ms. Shahnaz Saadati. Also in Ghaemshahr, on 10 January, Miss Pegah Sanaie was arrested and held for a week before being released on bail.

On 15 January in Tehran, a young Baha’i woman visiting from Shiraz was taken into custody and remains in detention. She was not allowed to contact anyone for two days after her arrest.

On 28 December on the island of Kish in the Persian Gulf, Mrs. Faegheh Rafeie and eight relatives – including her daughters, two sisters, nieces, and two family members visiting from Canada – were arrested and interrogated on the grounds that they discussed the Baha’i Faith with a local shopkeeper. Among those detained were two teenagers and a 4-year-old child. Some members of the group were released the following day, while others were held two to three days. All were threatened with longer imprisonment, and Mrs. Rafeie had to post collateral for bail. The family had gone to Kish for a vacation.

At least 40 Baha’is are imprisoned in Iran for no reason other than their religious belief. Many other Baha’is have been detained but released after posting substantial bail or collateral for bail.

This number includes all seven members of the group that helped see to the needs of the 300,000 Baha’is in Iran. The five men and two women, arrested in March and May of last year are incarcerated at Evin Prison in Tehran. The men are together in one cell with no beds for sleeping. No announcement has been made of formal charges, or a possible trial. Nobel laureate Shirin Ebad and her colleagues at the Defenders of Human Rights Center in Iran are the attorneys of record for the jailed Baha’is but have not been allowed access to the prisoners.

On 12 January at 9 p.m., government workers entered a cemetery in Tehran and spent hours demolishing an entire section known as the burial ground of “infidels,” an area where the regime had interred people executed in the early years of the Islamic Revolution. Among the graves there were those of Baha’is who had been members of national or local Baha’i governing councils in 1980, 1981, or 1984 – years when the government rounded up the members of these councils and killed them.

Baha’i cemeteries themselves are increasingly the targets of attacks. On 19 January, the Baha’i cemetery of Ghaemshahr in Mazandaran province was attacked for the fourth time in eight months. This time it was virtually destroyed.

As in other cemeteries, the area was bulldozed, an indication that the perpetrators are not small-time vandals.

Desecration of cemeteries belies the government assertion that its anti-Baha’i activity stems from “security” concerns.

University expulsions continue; Muslims show support for Baha’is

When Ms. Mahvash Dehghan, a civil engineering student at a private university in Kerman, was expelled in October because of her religion, non-Baha’i students wrote a letter, signed by at least 75 people, requesting that she be allowed to continue her education or that the university explain on what legal grounds she had been expelled. The letter met with no apparent response. Ms. Dehghan had just begun her fifth semester of study.

More recently, on 14 January, also in Kerman, nine Baha’i students who had been enrolled the past two years at Shahid Bahonar University were expelled with no explanation. Many of their classmates have expressed support for the nine.

Earlier in the fall semester, a Baha’i student was expelled from his studies in hotel management at Goldasht College in Kelardasht, Mazadaran – prompting 26 other students to protest the expulsion by refusing to sit for their first-term exams. Several of those students were then called in for questioning.

Baha’is students sometimes are expelled from high schools and even primary schools, and the pupils often are berated by their own teachers because of their religious belief. Cases of persecution continue to be reported.

Broad campaign of persecution

The following examples give an idea of the length to which officials will go to vilify Baha’is or create problems for them:

The head of the Judiciary in Iran, Ayatollah Shahroudi, intervened in an appellate court case that had been decided in favor of four Baha’is, and a second appeals court then ruled against the Baha’is.

A weekly anti-Baha’i radio program directed at youth is being broadcast by Radio Maaref, a state-run network. Titled “Saraab” (“Mirage”), the 30-minute programs take the form of round-table discussions by so-called “scholars.” The program is broadcast every Monday and repeated on Friday. Similarly, the ultra-conservative daily newspaper Kayhan continues its series of anti-Baha’i articles, with more than 100 installments published since July. Books and pamphlets touting falsehoods about the Baha’i Faith are also being printed and distributed in an effort to defame the Baha’is.

Two Baha’is in Shiraz were acquitted by a public criminal court last June on charges of “insulting the sacred institutions of Islam” – but they later learned that the Ministry of Intelligence in that city had referred the case to an appeals court for reconsideration.

Three young Baha’is remain jailed in Shiraz despite a secret internal report dated last June that appeared to absolve them of wrongdoing. The confidential report came to light in late October when it was published on the Web site of the Human Rights Activists of Iran. (See the BWNS article for more details.)

In Rafsanjan, Kerman province, an ambulance driver employed by the municipality refused to transport the remains of a deceased Baha’i to the Baha’i cemetery, stating that he had been instructed not to take anyone there for burial.

In Nazarabad, a suburb of Karaj, on 25 December five optical shops owned by Baha’is were closed and sealed by the Bureau of Premises, which is in charge of morality in public places. The owners were told that the Ministry of Health had filed a complaint, but when the owners inquired at the ministry, they were told there was no such complaint. The stores remained closed. This is just one example of many Baha’i businesses that have been forced to close, just as there are many Baha’i employees who have been forced out of jobs.

In Shiraz, at two of the high schools, all the students in grades 11 and 12 – hundreds of pupils in total – were required to attend a presentation about “Bahaism” given by Mrs. Mahnaz Raoufi and a Muslim cleric. The program made false accusations about Baha’is and repeatedly misrepresented the Baha’i Faith.

Many governments, international organizations, and prominent people – including some Iranian groups and individuals both at home and abroad – have condemned the detention of Baha’i leaders without due process, or condemned outright the Iranian government’s persecution of Baha’is.

Now, before the rude remarks against me begin, I will acknowledge that it is possible that some good perceptive person in the area where (insert name) vanished will find the (child, co-ed,aviatrix,judge). Im speaking in broad social generalitites, but if you are smart enough to read ICB, you know that already.

Most people honestly don't want to make a difference. They want to be invisible, and they succeed. It is too late for me to be invisible. So, if anyone wants a moving target, I'm a sitting duck. I'm liable to be shot for metaphor mixing if nothing else.

ICB will be right back after these messages!

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Justice and Writers

December 2, 2008

By Burl Barer

One of the tragic aspects of writing true crime is that there is no shortage of cases, criminals, or victims. Up in the Seattle area, there was a shoot-out in the Southcenter Mall. Who has a gun fight in a mall? Or a Toys-R-Us? It is insane. A shopping mall isn’t exactly a wild west saloon where whiskey fueled gunfighters lose their judgment and their lives in stupid shootouts.

Shootouts and lynchings were often “Western Justice.” There were no appeal processes in the wild west. Individuals short changed by “the system” back then were too dead to bemoan the pathetic papaucity of justice.

In the United States of America, the goals and processes of the “Criminal Justice System” have mutated over time. The current concept in America is that the criminal justice system is the means by which society enforces the “standards of conduct necessary to protect individuals and the community.” This system is comprised of Three C’s: Cops, Courts, and Corrections. In theory, these three operate within the rule of law.

Right. Sometimes yes; sometimes no. Evidence planting, perjured testimony, paid (ie bribed) informers/witnesses, and backroom deals can put the innocent away or the criminal free. Anytime someone goes out on a limb in pursuit of truth and justice, I applaud. Sometimes it is a lost cause, other times it is found justice. Hence I derive delight from the concept behind “Justice Interrupted.”

Justice Interrupted works to provide justice for those whose lives have been interrupted by rape, murder, sexual predators of children, strange and unexplained disappearances, domestic violence, and cold cases yet to be solved. Sadly, you will find ,more missing links at the their official web site than at the Natural History Museum in London.

The most important link tonight, however, I will gladly share. It’s the link to the live Justice Interrupted radio show airing at 8pm Pacific, 10pm Central, and 11pm Eastern. Tonights guest is ...yes, Burl Barer, author of MOM SAID KILL and the blog you are reading right this minute.

What will we talk about? Hopefully, MOM SAID KILL. In these trying ecomonic times, we purveyors of true crime books need all the ooomph we can get. I’m not referring to the bottle of Scotch issued with every typewriter or word processor purchased by a professional writer.

That is the stereotypical image—introspective author hunched over the keyboard, chain smoking, gulping down booze, popping pills and filling a syringe with God knows what.

Too often writers work alone at home, in a publisher's cubicle or cabin retreat. In those environs, it is easy to succumb to the deadly combination of isolation and addiction. While it is not all doom and gloom for writers who enjoy a drink or other recreational products, there are many writers whose lives are threatened by the inability to quit alcoholic drinking and serious substance abuse. Few writers have health insurance. The romantic image of the booze swilling author, or the high-as-a kite Gonzo Journalist fades against the sad reality of an author on the way to his personal Overlook Hotel experience.

I’m proud to announce that despite my shamefull lack of experience when it comes to drinking, I’ve been asked by Robert Downey Sr., Leonard Buschell, Vernon Scott, and Renee Echt to serve on the advisory board of Writers in Treatment, a new non profit organization that provides free inpatient recovery for up to sixty days at the finest and most reputable facillities for individuals 18 and over who earn 25% of their income from writing. Even if they have insurance, they are still eligible for full compassionate non-judgemental assistance.

For those who read rather than write, Writers in Treatment publishes a book every year of donated short stories, essays, screenplays, poems and non-fiction by some of the best writers in the world, including contribuors to In Cold Blog. This collection will be available from Amazon.com and other outlets, and all proceeds will benefit W.I.T. Writers In Treatment also sponsors creative writing workshops conducted by well known writers, poets, playwrights and memoirists.

Well, that’s my public service announcement for today. You can even see me give a short video howdy on the Writers In Treatment web site!

So, loyal fans and folks who stumbled here by accident, keep true crime on your reading list but out of your real life. Crime is serious business, and is best left to trained professionals. In conclusion: “When thinking outloud is outlawed, only outlaws will think outloud.”

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True crime writers are often accused of making "blood money," profiting off the pain of others. Those who make this allegation obviously don't write true crime. If they did, they would know better. Nightmares, tears and sadness come with every book contract, and the royalty checks are small compensation for what we go through emotionally. In fact, we are compensated for our time and talent. Any emotional fallout just comes with the territory. There are, however, moments when we know that the time and effort were of significant value beyond the literary merit of our published work. This week, I had such a moment when I received the following email:


Mr. Barer:

Today, I finished reading, Murder In The Family. I have long known about the book, but for emotional reasons, I have been unable to read this book until this past week. I want to thank you for writing the book and helping me find closure.

I suppose I should explain myself before you start wondering why I needed closure. Currently, I am a Detective working Crimes Against Persons for the Green Bay, Wisconsin Police Department. I am in my twentieth year in law enforcement. Before I became a police officer, I studied medicine. I am a 1987 graduate of the University of Alaska, Anchorage. I have lived in Wisconsin my entire life except for the years of 1985 to 1987, where I attended UAA as a MARC Scholar. After graduation, I returned to Wisconsin and attended The Medical College of Wisconsin in Milwaukee from 1987 until 1989. I took a leave of absence from medical school and became a police officer.

During my senior year in Anchorage, I needed a job to supplement my income. I worked as a mortuary attendant at Evergreen Memorial Chapel. I took the call during the late evening hours of March 15, 1987, and myself along with Funeral Director Gregg Western responded to Eide Street and had to remove the bodies of Nancy, Melissa and Angie Newman.

I’ll never forget the site of that woman and her children. I remember I was so taken aback that a police officer had to help me lift the bodies onto the gurney. We put Melissa and Angie on one gurney and Nancy on the other. At the time, we didn’t even know their names as Dr. Propst simply said, “No Names.” Later, after the autopsies and forensic work was done and the bodies were brought to the funeral home and prepared, I got them ready for transport back to Idaho.

I didn’t sleep for three nights after the removal, and I left Alaska in June to return to Wisconsin. I later heard about the arrest and trial, but a lot of the news really didn’t make it to Wisconsin.

I guess for me, my last memory was of seeing those bodies before we shipped them out. The memory of the scene will be with me forever. I have worked several homicides in the years since, but none have ever had that impact on me.

Reading your book helped me to see the outstanding work done by APD and how it all went down in court. I think your coverage of the court proceedings and the motions and arguments the lawyers made would be very helpful to the average citizen who doesn’t understand the system. In short, seeing justice being done, and the way it was done, has helped me to get peace on this terrible thing, of which I saw the aftermath as a 22 year old kid.

Viewing the photos in the book was hard. I remember seeing that cookie tin when we got into the apartment. Obviously, I had no idea of its significance at the time. Seeing the other pictures brought back a lot, but by reading the book and seeing the outcome—it is hard to explain, but I want you to know that you helped me.

In any case. I am sure people write you all the time and tell you they like your work. I wanted to share that sentiment and also let you know that your work helped me.


The above email is the reward beyond paychecks and royalties. There is no blood money in my bank account, and my emotional savings account just received a healthy influx of true wealth.

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My forthcoming book MOM SAID KILL, deals with a manipulative mother and troubled teens. Coming out in October, here is a glimpse of plot and subject matter. This is the prologue...you have to get through that before Chapter One. I'll give you a head start.

Prologue

On Saturday April 7th, 2001, Jeffrey Grote received the type of flattering invitation millions of 17-year-old boys get every year. A pretty 13-year-old blond sent her best friend across the roller skating rink to tell Grote, "my friend Heather thinks you’re cute." Grote introduced himself, the two skated together a few times, she gave him her phone number, and he promised to call.


The next day, true to his word, Jeff invited Heather to go bowling. She accepted the invitation. A few hours later, Heather Opel and Jeff Grote had sex in her younger brother’s bedroom.
When the sweat drenched and sexually satiated teens emerged from the bedroom, they found Heather’s mother, Barbara Opel, waiting for them. Heather asked if Jeff could spend the night, and sleep with her in the same bed. Mrs. Opel had no objection. Grote lingered on past the second day, ingratiating himself to the mother while penetrating the daughter.


As would any concerned parent, Mrs. Opel wanted to "have words" with her daughter’s suitor. Barbara Opel sat Jeff down for a serious chat. The topic wasn’t safe sex. It was murder.
Barbara Opel, live-in caregiver for 89-year-old Alzheimer’s afflicted and wheelchair bound Evelyn Heimann, asked Jeffrey Grote to help kill her employer, Evelyn’s son, Jerry Heimann. Heather, she explained, was already committed to the project.


The crime’s justification, according to Mrs. Opel, was that Heimann was cruel to Heather. That was a lie. Heimann, in truth, was exceptionally kind and generous to Barbara and her three children – Heather, 13, Derek, 11, and Tiffany, age 7.


"Barbara Opel nagged me to find someone to kill her boss," said Grote. "That’s all she talked about – hiring people to kill Jerry Heimann. At first I refused, but changed my mind when she promised to buy me a car and give my friends some cash. She said if we got rid of Jerry Heimann, we could get our hands on $40,000 he had in his bank account."


As for young Heather, her rationalization for killing Mr. Heimann was in perfect consonance with her emotional maturity. "I want a new bike," said Heather. "Mom says that if I help kill Jerry, I can have one."


Less than one week after Jeff Grote met Heather Opel, on the night of Friday the 13th, Jerry Heimann was savagely attacked in his own home by a rag-tag gang of teens and children, some as young as eleven. Seven year old Tiffany helped clean up the blood, and dutifully put pieces of the victim’s shattered scull in the trash.


Adorable, intelligent, charming, and affable, Heather Opel was a brilliant student and an accomplished sports star at Evergreen Middle School. She was the kind of girl you could hold up as a role model if it she hadn’t murdered an innocent and defenseless man, stabbing him repeatedly with a butcher knife while her best friend, Marriam Oliver, also a bright and promising youngster, bashed his head in with a baseball bat.


"Heimann was not only beaten with baseball bats and fists," recalled Sgt. Boyd Bryant of the Everett Police department, "but also repeatedly stabbed and slashed with kitchen knives."
"This wasn’t the first plot Barbara Opel hatched to kill her boss," explained Snohomish County Deputy Prosecutor Chris Dickinson, "it was just the first one that resulted in one death and several destroyed lives – not the least of which is that of her own daughter, the gifted and talented Heather Opel."


Heather Opel was born to Bill and Barbara Opel on Sept. 22, 1987. Within a year, neighbors in a Mill Creek apartment complained Barbara Opel was screaming at her baby. One anonymous caller said "the level of violent screaming is escalating and recently one of the neighbors has heard slaps to the baby." Child Protective Services workers visiting the apartment reported the baby was clean, and no evidence of abuse found.


The complaints continued, and neighbors reported the children were left unsupervised. Even Opel’s landlord called CPS, stating, "the mother has been yelling at Heather since the child was 3 months old."


"Heather’s environment was non-stop violence, both in language and behavior," commented a local social worker. "That little girl has been in counseling on and off since she was five or six years old."


Barbara was married for seven years to the father of Heather and Derek. She claimed that her husband, Bill Opel, was physically abusive. He accused her of the same. According to statements given by Barbara Opel, her husband forced Heather to drink Tabasco sauce for not going to the bathroom when told, hit the child with a pan, and locked the kids in a room as punishment.
Barbara obtained a series of restraining orders against William Opel before and after their 1991 divorce. When eleven year old Derek Opel was interviewed by a psychologist, the boy couldn't remember his father's name. He did recall, however, that the man broke his nose when he was five.


Barbara’s alleged behavior towards her offspring is equally distressing. Court records show the children were left alone for hours at a time as toddlers. A Child Protective Services report tells of an instance where little Derek tried running away from his mother. "She caught him and hit him and dragged him by the hair. It was reported that Derek was yelling `Don’t hit me mommy!"
There's no indication that CPS tried to remove the children from their mother's custody, but every indication that CPS continually offered parenting classes and stress management training to the Opel family – offers which Barbara Opel always refused.


Barbara Opel herself may have suffered abuse in her early life, and her mother, according to court documents, "has mental health issues of her own," and was investigated on allegations that she abused Barbara’s children.


Allegations of mistreatment and abuse were rampant. The bitter divorce between Barbara and Bill Opel was described by a consulting psychologist as "an active battle ground, and Barbara Opel's subsequent relationship was yet another minefield."


Explosive anger and top-volume tirades taught little Heather the importance of sidestepping anything that triggered her mother’s volatile emotions. Blessed with high intelligence, the child adapted to her scream-filled and chaotic environment. Heather quickly learned and internalized her life’s #1 Rule: Always Mind Your Mother.


"Heather is such a good kid," said a former school teammate, "But her mom always had like this big control over her. I mean, you’re supposed to do what your mom says, but when your mom tells you to murder somebody, maybe it’s time to not be so obedient, you know?"


"Heather’s allegiance to her mother was her downfall," said her father. "If her Mom says do it, Heather does it. Heather does not question mom." Everyone, however, questioned Barbara Opel’s constant screaming at her children -- screaming that reduced Heather to tears.


"I couldn't believe it," said Lane Erickson, a Verizon computer network engineer who coached for a Boys and Girls Club ball team in Everett. "Heather was the only girl on the boys’ team, and she was the best player by far. The only problem was that the mom would yell and scream at her, and Heather would start crying."


"Barbara Opel was so overbearing and out of control," confirmed William Tri, the coach of Heather’s baseball team, "that I made her one of my assistant coaches so I could control her from the dugout."


Known as "The Screaming Bitch from Hell," Barbara Opel’s foul mouth was well known in three neighborhoods. People who lived near her describe Barbara Opel as a woman who constantly screamed at her children. She grew up in Bothell, according to her ex-husband, and moved frequently. Court records show she was evicted at least three times for not paying rent.
"She was a lady I would never forget in my entire life," said Chris Perry, 25, who lived across the street from her for a couple of years. Barbara Opel had previously lived next door to Perry's best friend, Megan Slaker.


"I was dismayed when the woman moved into her neighborhood. She was just so mean," Perry said, "screaming at her kids all the time, all hours of the night. You would never hear her lovingly talking to her children."


"I wanted them to feel some love," said Slaker. "Opel's kids were often locked out of the house, so I would let them help me do yard work. She just didn't want them in the house, I guess," she said. "You feel compassion for children who you don't think are getting the love and attention they need."


Opel and her brood suddenly vanished from Perry's and Slaker's neighborhood in the middle of the night, during an eviction process. Candy Ochs, whose son was a classmate of Barbara Opel's 13-year- old daughter at Everett's View Ridge Elementary, said the woman used to say mean, derogatory things to children.


Barbara Opel denied Heather any contact with her father – a father who, despite any admitted character defects, promptly and regularly paid child support.


"In the seven years I’ve gone without seeing my 13-year-old daughter and 11-year-old son, I’ve never stopped thinking about them," said Bill Opel. "But I gave up on their mother years ago."
Barbara Opel refused to stick to the custody agreement after she and Bill Opel divorced in 1991, keeping the children from him for years. According to court records, prosecutors charged her with custodial interference in 1997 for not letting her ex-husband see the children. As an analysis of the case indicated low probability of conviction, prosecutors dropped the charges.


"Finally," Bill Opel says, "I stopped trying and moved to Wenatchee with my current wife and children. "I’ve just been writing my child-support checks and hoping they go to a good cause. I guess they didn’t."


"Barbara Opel wanted that money," said Prosecutor Dickenson. "She solicited near strangers to carry out her plan and, in the end, swayed a group of teens from broken homes to do her bidding. She took them in," he said, "partied with them, gave them a place to hang out. By meeting Grote, Barbara hit the jackpot because he was willing to actually follow through and commit murder. All together, we have uncovered four distinct plots by Barbara Opel to murder Jerry Heimann."

Wednesday April 18th, 2001
2:30 p.m.


"This is a matter of life or death,"


Mary Kay Standish, intake worker at Child Protective Services, urged the woman on the phone to stay calm.


"Barbra Opel is trying to murder her spouse by poisoning him," insisted the caller.


"How do you know this," asked Standish.


"She told my husband."


"When?"


"When she asked my husband to kill him."


"Call the Everett Police Department immediately." said Standish after securing the alleged victim’s address, "and tell them everything."


"I’ll tell them everything except my name," said the woman. "I’m scared that if Opel finds out, she’ll kill me too."


The woman, as directed, called the Everett Police Department and spoke to Sgt. Grassi. Consistent with her previous call to Standish, the woman refused to reveal her name. That wasn’t necessary. The Everett Police Department has Caller I.D. Grassi directed Detectives Callaghan and Phillips to determine the origin of the anonymous call, and interview the caller in depth.


"I found the name of the person for whom the telephone number is issued," recalled Detective Jimmy Phillips. " A computer records check revealed the number belonged to Johan Folden of Standwood, Washington. We drove to the Folden residence where we met Mrs. Folden and her daughter, Terrica Goudeau. It was Goudeau who admitted that she called Sgt. Grassi."


"I called," Mrs. Goudeau explained, "because of information that I heard from my husband, Henry. He’s been visiting his ex-girlfriend, Barbara Opel, who works as a live-in caretaker for a man's sickly and elderly mother. About two weeks ago Henry spent the night at Barbara’s. He said it was because he'd had a couple beers and didn't want to drive home after drinking. While he was there, she asked Henry to kill the guy she works for, and she promised him five thousand dollars before and five thousand more afterwards if Henry would kill the guy."


When Mrs. Goudeau first revealed the nefarious plot to Sgt. Peter Grassi of the Everett Police Department, Mary Kay Standish had already reported the call to her supervisor, James Mead. He, in turn, called in Gary Bright, an Adult Protective Services investigative social worker assigned to Home and Community Service for the State of Washington, Department of Social and Health Services.


"Adult Protective Services is a branch of home community services," explains Bright, "and our agency investigates allegations or concerns of or neglect of vulnerable adults. With the exception of issues around picking up children or having an ability to take somebody into custody, we don't have those custodial rights to incarcerate somebody or put them in a facility without their will or against their will. We get reports on a daily basis from the community, from mandated reporters, regarding concerns of abuse and neglect of the elderly, or people over the age of 18, who are classified as developmentally delayed in some way, and we respond to those reports. Of course, we have policies and procedures regarding how we handle complaints of abuse and neglect. We have a tip line that people can call in with concerns about people who are being neglected or abused. It’s called 1-800-END-HARM. Some people identify themselves when they call; other tips are anonymous. Both types of tips, identified people and anonymous tips, are investigated by our agency, and that is exactly what transpired when that call came in about Mr. Heimann. Mead asked me to call 911," confirmed Bright "and requested a welfare check on an alleged poisoning of a man in North Everett. I made the initial call, and then called to tell them that I was on my way to the residence to personally investigate, and they could call me on my cell phone."


Bright found the home dark and quiet. On the front porch was a bundle of blankets held down with a brick. When his repeated knocks received no answer, he requested information from a friendly neighbor woman. "After I went to the front door to see if anybody would answer, and nobody answered," Bright explained, "I went to a neighbor who was next-door, asked them if they knew anything about the people living in that home. The neighbor told me that somebody had moved out and had taken a U-Haul filled with belongings, and there were some children involved. And the person, the older gentleman who was living there, drove a maroon sports car."


Bright looked for the maroon sports car behind the house, but found no vehicles. He was knocking on the front door one more time when his cell phone rang. "It was the Everett Police Department," said Bright. "They told me that there wouldn’t be a police officer dispatched because they can’t force their way into someone’s home simply because of a phone call. I decided to come back the next day."


Gary Bright drove away. It was several hours before anyone found the demented old woman in the blood stained wheelchair.

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read more “Sneak Peek at MOM SAID KILL”



“Warning: Drinking Alcohol During Pregnancy May Cause Your Baby to Serve Hard Time in Prison.” This potential warning label is not far fetched. The direct link between Fetal Alcohol Syndrome and crime is no longer a matter of scientific dispute.

Children afflicted with full-blown FAS display both physical and mental characteristics. Those with partial FAS may not have the physical abnormalities, but they display the same behavioral and psychological problems.

The effect of alcohol on the fetal brain is such that this region does not develop sufficiently to allow the FAS individual to appropriately control his or her actions. As such, FAS patients tend to be impulsive, uninhibited, and fearless. They often display poor judgment and are easily distracted. Difficulties in perceiving social cues and a lack of sensitivity often cause interpersonal problems. FAS patients have difficulties linking events with their resulting consequences. These consequences include both the physical, e.g. getting burned by a hot stove, and the punitive, e.g. being sent to jail for committing a crime. Because of this, it is difficult for these individuals to learn from their mistakes.

Lacking sufficient cognizance of the threat or fear of consequences, the FAS patient is less likely to control his or her impulsive behavior. Similarly, FAS individuals have trouble comprehending that their behavior can affect others. As such, they are unlikely to show true remorse or to take responsibility for their actions. These are the very attributes that can lead to crime, "They are very impulsive and do things that are not well thought out, and they get into significant difficulty from that. The malicious intent is seldom there. I find they're exploited by more talented criminals to do some of the running, if you like, and they're more likely to get caught."

As many as half the young offenders appearing in court may be there because their mothers drank during pregnancy, says Royal University Hospital psychologist Josephine Nanson. Her assessment has tremendous implications for how the criminal justice system handles youth in custody, says University of Saskatchewan law professor Tim Quigley. "It's analogous to the mental disorder defense, in the sense that we've said that people who are affected should not be punished in the usual criminal justice sense," he said. "Are these victims just as much affected by something over which they have no control, and are they deserving of punishment?"

Legal Aid Commission lawyer Kearney Healy says Nanson's suggestion strikes to the basic principles of criminal justice. "The criminal justice system is based on the premise that people understand there are rules, why they have to be obeyed, and if they aren't obeyed then society has the right to come up with any number of options," he said. “All of those things are irrelevant to these kids. It's got nothing to do with good or bad - they just don't see it the same way. Planning, organizing and learning from past mistakes are not in their repertoire. They are egocentric, impulsive and very concrete in their thinking. Typically they do not make connections between cause and effect, anticipate consequences or take the perspective of another person."

"There are an increasing number of cases reaching the courts because we've been diagnosing this for about 20 years. Those individuals are now in adolescence and adulthood, and at a prime age for when they're going to be involved in the court system," she said.

"It presents tremendous challenges, and I'm not sure the courts always understand." commented Professor Habbick, noted researcher. "Given the strict diagnostic criteria used in the study, you're only looking at the tip of the iceber. For every full case of fetal alcohol syndrome, there are four out there with the partial effects."

"All too often, I find there are children who aren't able to moderate their behavior in even the most obvious ways, even when there are strong rewards," said Healy. "Instead, they are doing things that are going to cause them a great amount of personal pain, for no gain. When I see them, I've got to think there's something going on there."

Shirley LeClaire of Social Services' Family Service Bureau says "there's been a longstanding history in our community of not giving this the attention it needs. It's one of the areas where there's not a lot of attention paid, especially fetal alcohol effects, because you don't have the physical attributes," she said.

"The whole area of FAS and fetal alcohol effects is significant because the way that our system is set up to deal with kids is obviously not going to work for them."

One of the ironies is that children with FAS often make model prisoners, Nanson said. "In terms of the justice system handling individuals with this, one of the things they fail to understand is that FAS people do very well in structured environments," she said. "Often people are fooled in the early stages of treatment into thinking somebody is doing really well, not realizing that they're doing really well because all the opportunities for them not to do well are taken care of in a structured program.. There is a point where the individual with FAS falls apart again."

Being crazy isn’t against the law, but murder is a capitol offense. When the one accused of murder is mentally ill, a variety of factors immediately come into play.

“Popular misconceptions about mental illness are partially responsible for the railroading of mentally ill persons through the criminal justice system,” states Jeff Reynolds. “From arrest to the determination of competency to stand trial and beyond, a person's mental illness affects every stage of passage through the criminal justice system.”

“Behavior associated with mental illness is often perceived as bizarre and suspicious,” insists private investigator Fred Wolfson, “thus drawing police attention, even if the person has not committed a crime. Untrained to recognize and handle mental illness, arresting officers and other staff inappropriately assume the arrestee understands such things as their Miranda rights. Mentally ill people are more likely to give a false confession, especially if they are delusional.”

The concept of culpability is an important aspect of who is sentenced to death. Culpability signifies qualities such as consciousness, reason, and responsibility. It is precisely these qualities that are disabled and distorted by mental illness and therefore a gap exists between a mentally ill offender's behavior and his culpability.

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read more “New Warning Label for Alcohol?”


Almost without exception, men and women on death row have damaged brains, according to research by Dr. Dorothy Otnow Lewis, a professor of psychiatry at New York University. Her studies focus on some of the most violent criminals; she has interviewed 150 to 200 murderers, sorting through their medical histories and, as much as it can be done, their brains. Dr. Lewis ''has revolutionized the way people think about criminal behavior,'' said Elyn R. Saks, who teaches forensic psychiatry at the University of Southern California Law School.

Legal scholars say new findings on brain dysfunction are finally gaining attention, at least where they matter most: in death penalty cases. Several states have banned executions of the mentally retarded, bringing to 17 the number of the 38 death-penalty states that have made that exception. Lewis’ longtime collaborator, Dr. Jonathan H. Pincus, the chief of neurology at the Veterans Administration Hospital in Washington, administered the neurological examinations, from simple reflex tests to EEG's and brain scans, that supplemented the interviews. The researchers also combed whatever medical records they could find.

In 1986 Dr. Lewis and Dr. Pincus published a study of 15 death row inmates that found all had suffered severe head injuries in childhood and about half had been injured by assaults. Six were chronically psychotic. Far from invoking an ''abuse excuse,'' Dr. Lewis said, all but one had minimized or denied their psychiatric disorders, figuring that it was better to be bad than crazy.

Through these comprehensive assessments, Lewis and colleagues found that all 14 had sustained head injuries as children. Nine had major neuropsychological disorders, 7 had had psychotic disorders since early childhood, and 7 had serious psychiatric disturbances. Seven were psychotic at the time of evaluation or had been diagnosed in early childhood. Only two had IQ scores above 90 (100 is considered average). Only three had average reading abilities, and another three had learned to read on death row. Twelve reported having been brutally abused physically, sexually, or both, and five reported having been sodomized by relatives.

Many of these factors, however, had not been placed in evidence at the time of trial or sentencing and had not been used to establish mitigating circumstances. The time and expertise required to document the necessary clinical information were not available. Furthermore, the attorneys’ alliances were often divided between the juveniles and their families. On several occasions, attorneys who chose to make use of the evaluations requested that information regarding parental physical and sexual abuse be minimized or concealed to spare the family.

Many of those on death row had been so traumatized that they could not remember how they had received their scars. The answers had to come from childhood medical records and interviews with family members.

No one suggests that abuse or brain damage always causes someone to become a murderer, and Dr. Lewis acknowledged that most damaged people do not turn into killers, but almost every killer is a damaged person.

Dr. Lewis concluded that most murderers are shaped by the combination of damage to the brain, particularly to the frontal lobes, which control aggression and impulsiveness, and the even more complex damage visited by repeated, violent child abuse.

“These findings,” said Dr. Lewis, “cast doubt on legal definitions of insanity.” Many legal experts agree, and Dr. Lewis and her colleagues study savage and bizarre murders, which she says are almost by definition the most crazed. “In capital cases,” Dr. Lewis says, “the elaborate balancing of aggravating and mitigating factors -- those that may be taken into account by judge or jury -- actually frustrates the inquiry because 'the grisliness of the crime is in proportion to the craziness of the act.'

No matter how crazy their acts, not very many defendants actually qualify for the classic insanity defense. For purposes of determining sanity, the test is whether the defendant knew what he was doing and knew it was wrong, although some states also require that the defendant be capable of ''conforming his conduct'' to the law.

''Responsibility is so wedded into centuries of tradition,'' said Deborah W. Denno, a Fordham University law professor researches consciousness and its influence on defining degrees of culpability. ''Unconscious thought is more important than we ever thought,'' said Ms. Denno. ''I'm suggesting that the criminal law is way out of line with what constitutes conscious thought. There's this dichotomy in criminal law: either you're responsible or you're not. If you're a sleepwalker or something like that, you're not held responsible at all.''

Dr. Lewis, like Ms. Denno, focuses not on guilt but on punishment, and she typically works for defendants who ask only the dispensation of life in prison. ''Most of the people I see I would not want running around again,'' she said. Lewis and her colleagues are studying serial killers, children who killed their parents and capital defendants who represent themselves. ''Then,'' she said, ‘‘It’s up to the public who they want to kill.''

Sane rational people don’t plan murders, nor do they encourage others to commit murder. The very fact that someone is accused of planning a homicide should require a brain scan of the accused. The new technology will reveal brain impairment with over 80% accuracy. It is difficult to believe that someone who is mentally healthy would commit murder.

Most persons with mental illness are not criminals, and of those who are, most are not violent. However, there is a direct link between crime and mental illness. While most people with mental illness are not criminals, most criminals are mentally ill. Rational people don’t commit murder, and irrational people rationalize that murder is rational.

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read more “Are Killers Crazy?”

Juvenile crime in America has dropped approximately 40% since 1994, yet two-thirds of Americans believe that juvenile crime is rising. In the ten-year period between 1982 and 1992, total youth crime increased by less than one half of one percent.

Voters and legislators across the country, of whom 82% derive their assessment of youth crime severity from news stories, are approving increasingly punitive measures to address this imaginary increase in youth crime. Policies advocated as a direct result of consistent media misinformation ignore the utility of youth development, prevention, intervention, and rehabilitation – the founding principles of America’s Juvenile Justice system.

A media analysis of news coverage of juvenile justice generated over a 15-month period from January 1, 1999, to March 21, 2000, and involving over 1,500 articles, including news articles, op-eds, editorials, and letters-to-the-editor, were collected by searching through five major California newspapers. Also analyzed were wire stories with datelines originating in these same cities. Numerous articles republished by the five newspapers, but originating from national sources such as the New York Times and the Washington Post, were also captured. The Data Center in Oakland, California performed a major portion of the data collection.

The study was funded by Open Society Institutes's Center on Crime, Community and Culture, with additional funding was provided by the Annie E. Casey Foundation and the Unitarian-Universalist Veatch Program at Shelter Rock.

Of 817 articles where youth were perpetrators of crimes, advocates for youth were quoted less than 14 percent of the time, whereas law enforcement was quoted 43 percent of the time. Prosecutors and judges were quoted 31 percent of the time. Politicians were quoted 16 percent of the time. The people most affected by crime coverage, youth portrayed as perpetrators in news stories, were quoted less than 8 percent of the time.

This study identified the common policy story themes running through the media coverage of the public policy debate on juvenile justice, and also identified the messages (sound bites, direct quotes, and indirect quotes) from advocates that promoted these themes.

Despite the FBI’s confirmation that juvenile crime was at a 15-year low, the notion that youth crime was “out of control,” “increasingly violent,” and “worse now than forty years ago” dominated the news stories.

Factual information to the contrary, reporters most often did not question these assertions. When journalists did reference the recent FBI reports regarding the decrease in juvenile crime, incarceration proponents predicted a juvenile crime wave around the corner. Even then, journalists failed to point out that previous predictions had not materialized (see for example “Juvenile Arrests in U.S. Decline” Los Angeles Times, 10/18/99).

Running throughout news stories, the study noted, is the stereotype of the “super predator youth.” According to the study, “This theme was also driven by the failure of journalists to examine whether harsher penalties lead to lower juvenile crime rates and whether harsher penalties are more effective at lowering crime than other strategies.”

Of the 1536 stories on juvenile justice and youth crimes, only 46 articles or 3 percent even mentioned alternatives to incarceration. The assertion that the juvenile justice system “does not work” was prevalent in coverage. Moreover, the juvenile justice system was described as a failure because it is too “lenient” and “outdated.”

Proponents of harsher penalties frequently and consistently claimed that rehabilitation has either failed or should not be available to young people who commit violent crimes or drug crimes. “Journalists did not examine the impact of incarceration on youth,” the study noted, “whether rehabilitation works for young people, or what effect incarceration without rehabilitation has on the reduction of youth crime.”

A typical quote came from former California Governor Pete Wilson, who spoke of voters “voting to retake California’s neighborhoods, schools, and businesses from vicious street gangs who for too long have hidden behind a lenient and outdated juvenile justice system.” (“Authorities Fear Fallout, but Weigh Options,” Los Angeles Times, 3/14/2000)

In addition, almost none of the stories describing failures in the juvenile justice system studied systemic or institutional reasons for recidivism, or youth crime in general. The portrayal of rehabilitation strategies as failures, and incarceration strategies as successful, went unchallenged by journalists.

These prevailing attitudes and public policy, primarily based upon media promulgated misinformation, has resulted in not only an historic increase in the incarceration of children, but also the execution of young people. Since 1992, International law has prohibited the use of capital punishment against those who were under 18 at the time of a crime. The United States signed and ratified this International Covenant, but “reserved the right” to execute children and those who committed crimes while they were under 18.


The United States executed a total of 13 juvenile offenders since reinstatement of capital punishment in 1976, and 10 of those executions occurred during the 1990s. Only four other countries are known to have executed juvenile offenders during this decade: Iran, Pakistan, Saudi Arabia and Yemen. The US executed more juvenile offenders than the other four countries combined.

Despite worldwide protests, on February 4th, 1999, the State of Oklahoma executed Sean Sellers, diagnosed with extreme mental illness, for crimes committed when he was a 15-years old. His execution marked the first time in 40 years that the United States executed someone for crimes committed below the age of 17.

The case of Sean Sellers was the subject of documentaries on A&E and MSNBC, in addition to many foreign network programs. He garnered the support of Amnesty International, various religious groups world wide, and counted among his supporters Bianca Jagger and Desmond TuTu.

Sean Sellers was born in California on 18 May 1969 to a 16-year-old mother and an unstable alcoholic father, who were divorced when Sean was three or four years old. His mother, Vonda, then married Paul Bellofatto, a kind and respected war hero who was raising his own daughter and son from a previous marriage.

An intelligent child, Sean performed well at school, but became more and more emotionally disturbed and detached from reality as he approached adolescence. . Sellers began hearing voices in his head at about age six, often criticizing him. At the time he thought all people heard such voices. For years he displayed extremely paranoid behavior. He would fix threads to doors and brush the nap of the rug in one direction before he would leave his bedroom, in order to see if anyone entered the room. He was subject to extreme mood swings, sometimes euphoric, other times suicidal.

By age 15, he was storing vials of his blood in the refrigerator, some of which he drank at school. He would perform acts of self-mutilation, such as putting sharp objects into his scalp. He became involved with drugs, taking amphetamines in order to stay awake and carry out his versions of so-called Satanic rituals.

He dreamed often of killing and mutilating people, including his own parents. Then, in March of 1986, after going three days without sleep, young Sean Sellers shot his mother and stepfather as they slept in their bed.

The brutal murder of her father and stepmother by her younger stepbrother traumatized eighteen- year-old Noelle Bellofatto. About to graduate high-school, she was further shocked to discover that six months before the killing of Vonda and Paul Bellofatto, Sean Sellers murdered a shop clerk named Robert Paul Bower at the Circle K convenience store in Oklahoma City.

While Noelle struggled to maintain her own sanity and sense of purpose, Sean Sellers was tried for all three murders. In the absence of any forensic evidence linking him to either crime, Sean Sellers’ best friend, Richard Howard, who was with him at the time of Robert Bower’s murder, provided the prosecution’s main evidence.

Howard was also initially charged with first-degree murder, but the state dismissed the charge and recommended that he be given a five-year suspended sentence in exchange for testimony against his friend. Howard claimed that Sean Sellers had said that he killed Robert Bower because he "wanted to see what it feels like to kill somebody." Howard then testified that in the early hours of 5 March 1986, Sean Sellers had come to his house and told him that he had killed his parents.

Sellers' public defender was provided with only $750 to spend on any expert witnesses' fees, as well as their travel costs, expenses and lodging. Exactly one year following the murders , March 1987, Dr Dorothy Lewis, a professor of psychiatry, examined Sean Sellers. She found him to be chronically psychotic, exhibiting symptoms of paranoid schizophrenia and other major mood disorders. She described how he was in poor touch with reality at times and was overwhelmed by fantasy.

The state of Oklahoma has a legal procedure that calls for post-trial consideration of newly discovered evidence under certain standards. According to Sellers' attorney, Steve Presson, Sellers' case overwhelmingly met those standards. The Oklahoma Court of Criminal Appeals (OCCA) refused to consider the evidence.

The Tenth Circuit Court of Appeals was shocked at OCCA's refusal, and wrote that OCCA made several errors in Sellers' case. However, due to the limited nature of federal habeas corpus relief, the Tenth Circuit Court would not intervene. The Tenth Circuit Court did issue what amounted to an invitation for executive clemency and for the state courts to reconsider Sellers' case in light of the MPD and the mistakes the state courts made.

On January 27, the Oklahoma Pardon and Parole Board voted 5-0 to deny clemency to Sean Sellers. The hearing was held in the chapel of the Jackie Brannon Correctional Center (JBCC) in McAlester, Oklahoma.

Dianna Craun, one of the jurors who sentenced Sellers to death, spoke on his behalf at the clemency hearing. She said that the jury was given two choices of sentencing: a life sentence (with the possibility of parole) or the death penalty. (Oklahoma now has a third alternative - life without parole.)

Craun and the other jurors thought that a life sentence would mean that Sean would serve 7-15 years in prison, and that this sentence was too lenient for the murders. She stated that since Oklahoma had not executed anyone for 20 years at the time of the trial, the jurors did not honestly expect that Sean would ever be executed. They thought that the only way to ensure a long prison sentence for him was to choose the death penalty. If clemency had been granted, Sellers' sentence would have been converted to life without the possibility of parole.

Craun also stated that if the jury had been aware of Sean's mental illness, it would have changed the sentence he was given. As soon as the testimony in the clemency hearing was over and Sellers' was taken from the chapel, all five Board members voted to deny clemency

Sellers’ family and siblings never spoke to the media, or granted interviews until his clemency hearing. “I had to endure years of seeing his face and hearing his versions of what he had done,” said his stepsister, Noelle. “I finally spoke to state media before his clemency hearing to save the respect of my father, step mother and Robert Bower the store clerk.”

"Reach out to God and he will hear you. Let him touch your hearts. Don't hate all your lives," Sean Sellers, 29, said before he was executed by injection at the Oklahoma State Penitentiary.

The Washington Post, January 25, 1999, offered a well-balanced report, first offering a statement opposing his execution from the Death Penalty Information Center, followed by counter commentary by Sellers step-siblings who portrayed him as a self-serving psychopath. National Public Radio aired death row interviews with Sellers leading up to his final hours.

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read more “Juvenile Justice and American Media: The Sean Sellers Case”

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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