TheTrenchcoat Chronicles

Category: Crime

  • No gag order in cop killing trial

    No gag order in cop killing trial

    Gag order denied in police slayings:

    Superior Court Judge Robert Johnston has denied the request from the defense to instill a gag order on the trial of Demeatrius Montgomery. Montgomery is accused of the shooting deaths of Charlotte-Mecklenburg Police officers Jeff Shelton and Sean Clark.

    However, Judge Montgomery said that the defense could renew their request if they feel the media is hurting Montgomery’s right to a fair trial.

    I, for one, hope the media does not step out of line. I don’t want there to be any complications with this trial, whether Montgomery is convicted or not.

  • Henderson wants change of venue

    Accused killer Henderson wants trial moved:

    The defense attorneys for Richard Henderson Jr. are trying to get the trial moved. Henderson bludgeoned his family to death on Thanksgiving Day 2005 with a lead pipe.

    So defense attorneys Carolyn Schlemmer and Franklin Roberts have requested a change of venue for their client’s murder trial, set for next month.

    “I don’t feel it can be held here,” Schlemmer said Wednesday. “There has been too much publicity, too much connecting him to other cases and there is just no way we’d get a fair trial.”

    And Henderson himself has this little gem…

    “Extensive publicity has caused me hardship at the jail,” states an affidavit signed by Henderson last month. “The pretrial publicity has portrayed me as guilty to four counts of murder in the first degree.”

    A lot of the pretrial publicity Henderson brought upon himself. Let’s not forget the letter that he sent to the Bradenton Herald. If you act like a murderous psychopath, people may think you are.

    Let’s also not forget that he basically confessed to the crime but, as expected, the defense attorneys are trying to get that thrown out.

    In another motion filed Wednesday, Schlemmer said she wants Henderson’s statements to police suppressed and any evidence seized from him on Nov. 27, 2005, to be ruled inadmissible at trial.

    She says the evidence was illegally obtained as a result of an unlawful stop by Deputy Rodney Norris, with the Manatee County Sheriff’s Office.

    Norris, with his gun drawn, stopped Henderson as a possible suspect in the 4900 block of U.S. 301, according to the motion.

    Henderson initially told deputies his name was Jason. But he fit the description of the suspect in the slayings, and Norris arrested him.

    Norris found a glass pipe with marijuana residue in his left pocket, according to sheriff’s reports.

    Norris did not have a “founded suspicion” that Henderson had committed, was committing or was about to commit a violation of the law, according to the motion.

    What are the police supposed to do?

    Officer: Dispatch, we have a male fitting the description of a fugitive wanted for murder. Moving in to apprehend.

    Dispatch: Negative, wait for subject to do something “suspicious”.

    “Founded suspicion” my ass. What if police didn’t approach him, and he killed somebody else? How well do you think that would have gone over with the public?

    A hearing for these ridiculous requests will be held on June 22nd.

  • Gag order sought in Charlotte cop killings

    Gag order sought in Charlotte cop killings

    Defense seeks gag order in police killings:

    The defense attorney for accused Charlotte cop killer, Demeatrius Montgomery, is requesting a gag order on the proceedings in order to help Montgomery get a fair trial.

    The lawyer, Duane Bryant, said such an order is necessary to preserve Montgomery’s right to a fair trial.

    Montgomery, 25, is charged with two counts of first-degree murder in connection with the March 31 fatal shootings of Charlotte-Mecklenburg police Officers Jeff Shelton and Sean Clark.

    Prosecutors announced this month they would seek the death penalty against Montgomery.

    “This case has been subjected to substantial, pervasive publicity,” Bryant wrote in his motion.

    Bryant’s motion suggests that investigating officers are responsible for the publicity. The publicity, the defense lawyer said, includes the dissemination of inaccurate information and matters that would not be admitted into evidence at trial.

    Bryant did not cite in his motion the information he claims is inaccurate or the matters he claims would not be allowed into evidence.

    The funny thing is, police and prosecutors have been very tight-lipped about this case. However, if Mr. Bryant wants a gag order, I say we give it to him. I want there to be no doubt if a conviction is eventually handed down.

    Of course, the press is falling all over themselves with righteous indignation.

    Jon Buchan, a lawyer for the Observer, said Wednesday he will file an objection to the defense lawyer’s motion. He said a hearing date has not been set.

    “The public is very interested in this case, and it should be,” said Observer Editor Rick Thames. “Two police officers lost their lives. A local resident is accused of killing them. All the more reason why this motion to conceal the judicial proceedings from the public should be denied.”

    Thames said he knew of no inaccuracies in news coverage that could affect Montgomery’s ability to receive a fair trial. He also noted that the courts have the means to offset the potential effects of pretrial publicity, key among them the careful questioning of potential jurors.

    Yes, Charlotte-Mecklenburg police Officers Jeff Shelton and Sean Clark did lose their lives. And as a community, which even includes you, Charlotte Disturber, we should do everything within our power to ensure that the trial goes off without a hitch. If that means a gag order, then so be it.

    I think the public will understand. I dare you to tell me that your appeal has nothing more to do with selling a few more papers.

  • Charlotte prosecutors seek the death penalty

    Charlotte prosecutors seek the death penalty

    Death penalty sought in officer killings:

    Prosecutors in the case of Demeatrius Montgomery, the suspect in the killings of Charlotte Mecklenburg police officers Sean Clark and Jeff Shelton, have stated they intend to seek the death penalty. Of course, the defense is trying to prevent that…

    Defense attorney Duane Bryant opened Thursday’s hearing by seeking to prevent prosecutors from putting Montgomery on trial for his life. He argued that the indictment against Montgomery does not list any aggravating circumstances that prosecutors must prove to obtain a death sentence.

    “It makes it hard to prepare a defense in this matter … ,” Bryant told the judge. “They have to apprise this young man what he’s going to be tried for.”

    In court papers, the defense lawyer maintained that the aggravating circumstances must be listed in an indictment in order for the state to obtain a death sentence. He conceded, however, that the N.C. Supreme Court has rejected that argument.

    Bryant also told the judge that North Carolina’s death penalty is cruel and unusual. He argued that North Carolina “has no constitutionally acceptable means by which to execute someone.” He cited lawsuits challenging the state’s legal-injection procedures used to execute condemned killers.

    Superior Court Judge Don Bridges denied the defense motion.

    Let’s see here. Aggravating circumstances? How about the fact he allegedly killed two cops who were responding to a call that had nothing to do with him. Is that circumstance aggravating enough for you? And the death penalty is not cruel and unusual. Dropping someone feet first into a wood chipper is cruel and unusual. Like ambushing and killing two cops is kind and usual.

    Luckily, Judge Bridges denied the defense’s motion. With the revolving door policies in place in Mecklenburg County, this is a refreshing change.

  • Henderson Hopes for Hell

    Henderson Hopes for Hell

    Henderson hopes for death in letter:

    Richard Henderson Jr. is currently awaiting trial in Florida for bludgeoning his family to death on Thanksgiving Day 2005. Before that, he was in trouble for plotting to shoot up his school. He wrote the following letter to the Bradenton Herald…

    As for my case im happy to be closing in on the day i’ll know where my future lies. As for if I get the Death instead of life or possibly something else, Great, ill be happy. Id rather get Death then life so I don’t have to witness the schemes and abuse of Authority the State lives by. As for my so called Family, let me make this clear. I don’t give a damn what they think, they say they know me how can that be if I only saw them 7 times in my life, to hell with them, I want them to know if I do get the death penality I will haunt their dreams and forever taint the blood of our Family. The way I see it, it’s their fault, if someone could of got me help instead of gossiping maybe my family be alive, maybe I could of had a normal life,” he wrote. “But no, everyone wants to talk, to judge. Find a way to live my life, to do all I did, to fell all my pain then you can judge me. How many Virginia tech massacers, how many columbines, how many Ross’s, Davis’s, Henderson’s is it gonna take to show kid’s are not being properly raised/helped/counsaled like they need to be. The Guilt of the crimes lies in the so called innocent, we were just the puppets that released the evil society breeds. You want Justice, you want us to feel pain, our whole lives have been pain. Me being in here with no friends, no family, just guilt, that’s pain. Just keep gossiping, keep . . . cause pain is coming to a place called home. Let’s see how you handle it.

    First off, if he wants death, I say no problem. To me, it sounds like he’s trying to pull a Susan Smith. She begged for a death sentence, and they gave her a life sentence. Personally, I don’t think Henderson wants any part of a death sentence. I think he’s bluffing, and I hope the jury calls him on that bluff.

    Secondly, I love how Henderson pulls the old “blame society” crap. Society didn’t cause him to kill his family. Only Henderson caused that. No one in this society is owed anything. The only thing that, I hope, is owed to Henderson is a quick trial and a death sentence.

  • Marlee Johnston’s dad helps write law for blended sentencing

    Victim’s dad helps craft bill requiring blended sentences:

    Ted Johnston is the father of Marlee Johnston. When Marlee was 14, she was bludgeoned to death with an aluminum baseball bat by 14-year-old Patrick Armstrong.

    Armstrong allegedly admitted to cellmates that he enjoyed every minute of it. So it comes as something of a surprise that Ted Johnston has helped write legislation that would allow juveniles convicted as adults to spend part of their sentence in a juvenile facility prior to turning 18.

    Ted Johnston said it’s wrong for juveniles who have committed even the most despicable crimes to be placed in adult prisons. He has been working on legislation drafted by the Attorney General’s Office that would require blended sentences for the youngest offenders.

    Remembering his daughter Marlee as kind and compassionate, Johnston said he is trying to pay homage to that part of her through his own actions.

    “We don’t need to be abandoning people _ even when they did something as horrible as Patrick (Armstrong) did,” Johnston said, referring to Marlee’s killer.

    “I don’t think that’s right,” Johnston said. “I know Marlee wouldn’t either, so to honor her memory we had to make a change.”

    Under the bill that Johnston helped develop, those under 16 who are tried and convicted as adults would be placed in juvenile facilities until they turn 18, and only then be transferred to adult prisons to complete their sentences.

    Deputy Attorney General William Stokes said the legislation addresses the rare circumstance of someone very young committing a very serious offense.

    “The dilemma we faced with Armstrong was we had a very young victim, and very young suspect who was also 14, who committed a horrendous act and very serious crime,” Stokes said.

    Maybe in Maine, it’s rare, but just by reading this site you can see that it’s not so rare in other places.

    Anyway, I have no problem with juveniles spending part of their sentences in a juvenile facility until they turn 18. However, don’t confuse compassion for weakness. I still fully endorse that juveniles that commit such horrendous acts like the brutal murder of Marlee Johnston still need to be tried as adults.

  • Culture of death

    Culture of death

    Kids submerged in culture of death games:

    I don’t know if this is a letter to the editor or not, but this may just be one of the most misinformed opinions about video games I’ve ever heard. It’s basically a commentary about how the media is to blame for crimes like Virginia Tech and blah blah blah…

    What is appalling is what most consider to be mass murder is now being exploited as a profitable venture. The video game entitled “Super Columbine Massacre” allows the gamer to play the part of murderers Eric Harris and Dylan Klebold as they randomly shot their Columbine High School classmates in the halls, classrooms, library and cafeteria. This real-life portrayal of a murderous rampage that took the lives of 11, ending with the double suicide of the killers, has been turned into a marketable source of entertainment.

    Other games put the participant in the role of Lee Harvey Oswald during his assassination of President Kennedy. Another allows a shooter to take aim on Mexicans crossing the border. And yet another provides vivid instructions as to how to assassinate the president. All are presented in explicit and bloody detail. What is next: Terrorist-in- training videos?

    What does this say about our society when “entertainment” vehicles are available to anyone that wishes to become a murderer at the click of his or her mouse? What possesses someone who seeks enjoyment from killing in cyber space? And what stops a person from acting out these fantasies in real life? Sometimes these people are not stopped and what took place at Virginia Tech is the result.

    I can’t believe I’m defending games like SCMRPG and JFK Reloaded, but these games are niche games that you can’t just go out and buy at your local video game store. And SCMRPG is not presented in explicit and bloody detail. It’s cartoony at best, even though its message is disturbing.

    Also, to make the leap from video games to “Terrorist-in- training videos” is absolutely ludicrous. Let’s not forget the age-old classic of parental responsibility, either.

    If kids under the age of 17 are playing M-Rated games, it’s more than likely that the parents are letting their kids play it. But it’s much easier just to blame video games, isn’t it?

  • Asperger’s as a criminal defense

    Asperger’s as a criminal defense

    I first heard of Asperger Syndrome when I was blogging about the case of William Freund. Freund was a 19-year-old from Aliso Viejo, California who donned a paintball mask and a cape, armed himself with a shotgun, and went on a neighborhood shooting spree. He entered the unlocked home of Vernon Smith and shot and killed Smith and his 22-year-old daughter Christina before turning the gun on himself.

    Now before we go any further, I’ll give you just the briefest of rundowns on Asperger’s. There are many who argue about the precise definition of Asperger’s, but it is believed to be a mild form of autism in which the afflicted have an extremely hard time with social interaction. For example, an AS patient may have a difficult time detecting sarcasm or reading a person’s body language and may take everything as fact. AS patients may also have an obsession with one particular subject or pastime. I realize this is just barely scratching the surface of Asperger’s, but it will do for now.

    William Freund’s obsession was more than likely guns. On the Asperger’s forum, WrongPlanet.net, Freund often spoke of wanting a real friend, being suicidal, and threatening to start a terror campaign. On the site SomethingAwful.com, he asked what kind of buckshot was the best for home protection. He stated that on Halloween, he was going to wait out on his porch with his shotgun and shoot anybody who tries to vandalize his pumpkins. That was possibly the worst site that he could have posted that on. The Something Awful community is not known to be kind to any user who posts such outrageous statements, and I’m sure his Asperger’s didn’t help.

    The moderators of WrongPlanet tried to reach his family to tell them of the terror plot he was allegedly planning, but they could not. Since Freund took his own life, no trial was ever held, but at the time I commented that Asperger’s would be eventually used as a murder defense. At the time, not knowing that it already had been tried.

    The next time I heard about Asperger’s was from the case of John Odgren. He is the 15-year-old student from Lincoln-Sudbury Regional High School in Massachusetts who stabbed and killed another student by the name of James Alenson in a school bathroom.

    Alenson was stabbed in the heart and abdomen and slashed across his face and neck with a 13-inch kitchen carving knife. Odgren is alleged to have two obsessions, forensics, and his knife collection. He had a penchant of bragging to classmates that he could pull off the perfect murder. After the murder took place, Odgren ran into the school hallway and admitted what he had done to school officials and police. By all accounts, he didn’t act like someone who had just committed a murder. Some reports say that he was joking with police and when Crime Scene Services arrived he excitedly offered to assist them.

    While the case has not yet gone to trial, his defense attorney was quick to offer up Asperger’s as a defense to the media.

    While blogging about the Lincoln-Sudbury murder, I asked some blogging doctors I know what they thought about using Asperger’s as a medical defense.

    One medical doctor explained to me that Asperger’s patients can sometimes have explosive episodes and that AS patients can have a lack of impulse control. A surgeon told me that since the explosive outbursts are a part of the disease, he doesn’t think the suspect should be sent to prison but should be under constant supervision and a controlled environment. I asked a Ph.D. who has a son with autism what her opinion was, but I’ll get into that a little later.

    Both crimes that I’ve mentioned so far do not seem like explosive episodes. Freund had been threatening to go on a rampage for a while. In my opinion, John Odgren had his crime planned out very far in advance, as he had the day of the murder circled on his calendar.

    Yesterday I read about the story of Robert Derderian. He’s an 18-year-old who is accused of sexually molesting a 12-year-old girl and videotaping what basically amounts to rape.

    He has also been charged with sexually assaulting a 10-year-old girl several times over the course of last summer. According to his defense attorney, he may not be competent to stand trial because he has Asperger’s and autism and will not speak to his attorney.

    I find this claim hard to believe. One of the symptoms of autism and Asperger’s for many sufferers is an extreme dislike of physical contact. That’s not to say that is the case for all AS and autism patients, but it is rather prevalent among them. My point is this. Any criminal defense attorney who has an iota of integrity should not use Asperger’s as a criminal defense.

    The Ph.D. whose opinion I asked about this told me the following. Using autism/Asperger’s as a criminal defense is seen as having a very negative effect on the public perception and understanding of autism and Asperger’s as it suggests a direct link between autism/Asperger’s and violence.

    If this becomes standard practice among defense attorneys, it could lead to a sort of witch hunt against Asperger’s patients.

    AS patients are probably having a hard enough time as it is without this kind of social condemnation. A few bad apples, so to speak, should not let society cast a bad light on a group of people who are already misunderstood.

  • Accused cop killer’s lawyer steps down

    Accused cop killer’s lawyer steps down

    Montgomery Appointed New Attorney:

    The public defender assigned to alleged cop killer Demeatrius Montgomery has stepped down citing a conflict of interest…

    Jean Lawson, an attorney from the Mecklenburg County Public Defenders Office, was assigned to the case just days after Montgomery was charged.

    Jail records show Lawson spoke with her client at the Mecklenburg County jail several times, and even had a conversation that lasted more than an hour. But Lawson’s request to withdraw cites two North Carolina state rules about lawyer conduct, including one that says a lawyer should not represent a client if that representation will hurt another client.

    I wonder if her client’s testimony would hurt Montgomery or the other way around.

  • Jack Thompson, Dr. Phil, and Rush Limbaugh

    Jack Thompson, Dr. Phil, and Rush Limbaugh

    What do those three names have in common besides the fact that they’re overpaid talking heads? Well, two of them have placed the blame for the Virginia Tech massacre squarely on video games while one of them dismissed the idea, and it may not be the ones that you think.

    Ok, Jack Thompson is the one that you think. That should have come as no surprise.

    What did come as a surprise was TV quack, Dr. Phil. I was never a big fan of his to begin with, but I thought he had more smarts than this…

    Well, Larry, every situation is different. The question really is can we spot them. And the problem is we are programming these people as a society. You cannot tell me – common sense tells you that if these kids are playing video games, where they’re on a mass killing spree in a video game, it’s glamorized on the big screen, it’s become part of the fiber of our society. You take that and mix it with a psychopath, a sociopath or someone suffering from mental illness and add in a dose of rage, the suggestibility is too high.

    What came as even more of a surprise was radio blowhard Rush Limbaugh coming to the defense of gamers.

    Not every video gamer goes out and murders 33 people on the college campus though. There’s more to this than that, it may desensitize people, but it doesn’t turn everybody into mass murderers?

    People have a tough time accepting a relatively simple explanation for something of this scale. But how many people are playing video games out there? How many millions of people play video games, and how many millions of people have guns?

    As they say, politics makes strange bedfellows.