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  • Hainstock’s rights ‘rammed down his throat’

    Hainstock’s rights ‘rammed down his throat’

    Did alleged Weston shooter know what he was saying?:

    Eric Hainstock’s defense is trying to say that he was not made aware of his rights before giving a statement to police. He basically confessed to killing Principal John Klang while in custody.

    Lohr said before asking any questions, he read with Hainstock a card advising him of three constitutional rights, including his right to remain silent and his right to an attorney. Hainstock initialed each of the points and said he could not afford an attorney, he said.

    Barrett told the court Hainstock began stating his Miranda rights even before the officer went over the card with him.

    “I have the right to remain silent,” she quoted him. “Anything I say can be used against me.”

    In defense arguments, Ricciardi pointed out that investigators knew Hainstock was a year behind in school and has learning disabilities and attention deficit hyperactivity disorder. Legal precedents have established that law officers interrogating a juvenile have a responsibility to have the child repeat their understanding of their rights back to the officer, and Lohr failed to do that, she said.

    Despite the fact he said he didn’t have the money for an attorney, the investigators did not explain to him how he could have one represent him, Ricciardi said.

    Ricciardi said Feagles’ role in giving the Miranda warning was rushing Hainstock through signing it without giving him time to think.

    “Now you’ve agreed to talk to us, let’s talk,” she characterized Feagles’ words that morning.

    In her final arguments, Barrett said suppression of a defendant’s statement is only appropriate when there is evidence of coercion by police. That did not happen when Hainstock was interviewed by Lohr and Feagles, she said.

    “I don’t think the court will find any improper police pressure or tactics,” Barrett said.

    But Hainstock was an immature and troubled boy in a situation he was not equipped to handle, Ricciardi said.

    “You have two adult detectives in this room with a very young boy,” she said. “This kid has his rights rammed down his throat with no effort to determine if he understood them.”

    If he’s watched enough to TV to know how the Miranda rights are read, I’m sure he’s watched enough to know when it’s time to ‘lawyer up’. The defense team is making this kid out to be a drooling helmet wearing window licker riding the short bus.

    Hainstock is obviously not as stupid as they’re making him out to be. After all, he was able to obtain two guns and, unfortunately, use one of them correctly.

  • Shawn Hainstock’s concern for his son

    Shawn Hainstock’s concern for his son

    ‘Somebody would kill him’:

    Shawn Hainstock, the father of Weston High School gunman Eric Hainstock, is showing concern for his son…

    Shawn Hainstock made no secret of his tears Thursday after a Sauk County Circuit Court hearing for his 16-year-old son, Eric, who is charged with killing the principal of Weston School in September.

    “I’m concerned (Eric) might say the wrong thing (in an adult prison) and somebody would hurt him,” Shawn Hainstock said, tears in his eyes. “Somebody would kill him, and that would be that.”

    In his first public interview since the shooting, Shawn Hainstock said he visits his son in the Sauk County Jail every day or two. “He kind of breaks down and cries a lot,” he said.

    Sauk County Circuit Judge Patrick Taggart’s decision last month that the younger Hainstock be tried as an adult was a “tragedy,” Hainstock said. “My heart’s been tore out,” he said. “That just about killed me.”

    “Nobody knows him like we do,” Shawn Hainstock said. “They don’t realize how loving a boy he is. He can be saved.”

    But he said his son is “getting railroaded.”

    The reason this is so interesting is that the defense is alleging that one of the reasons Eric Hainstock killed John Klang was because Eric Hainstock was abused by his father. At one point, Eric Hainstock was even removed from the house by the state but begged to be returned.

    This leads me to believe one of two things. Either the alleged abuse wasn’t as bad as the defense is making it out to be, or that Shawn Hainstock is a hypocritical son of a bitch. Whatever one it is remains to be seen.

  • Bartley tries to withdraw plea

    Bartley tries to withdraw plea

    Kenneth Bartley seeks to withdraw guilty plea in school shootings:

    Just when you thought this story was over.

    Campbell County High School shooter Kenny Bartley previously pleaded guilty to the shooting death of Assistant Principal Ken Bruce and was sentenced to 45 years in prison. Now his attorney is trying to appeal the plea on the grounds that Bartley’s parents did not consent to the plea. Since Bartley was charged as an adult, I don’t see what that has to do with anything.

    Bartley’s attorney better be careful what he wishes for. If Bartley goes to trial, he could get more than 45 years.

  • Rocori lawsuit dismissed

    Rocori lawsuit dismissed

    Judge tosses lawsuit over Rocori deaths:

    A wrongful death lawsuit against the Rocori school district in Minnesota and against the father of a school shooter has been dismissed, but not because the case didn’t have merit.

    Seth Bartell and Aaron Rollins were gunned down by John Jason McLaughlin. 15-year-old McLaughlin was sentenced to life in prison last year.

    The families of the victims filed the suit, claiming negligence by the school and by McLaughlin’s father.

    However, the case was dismissed on what I consider the smallest of technicalities…

    Todd County District Court Judge Jay. D. Carlson dismissed the lawsuit, ruling that the attorneys representing the Rollins and Bartell families had not complied with rules governing proper filing of civil lawsuits. Specifically, Carlson ruled that those attorneys failed to include their Minnesota address and that they improperly filed the lawsuit on behalf of the parents, rather than the trustees for each of the slain students.

    And people wonder why the court system is so jammed up.

    There is reason to believe that the lawsuit can be refiled.

  • Jonesboro gunman sued

    Jonesboro gunman sued

    On tapes, Jonesboro shooter explains, apologizes:

    Jonesboro gunman Mitchell Johnson is being sued in a wrongful death suit by the families of his victims. In a taped deposition, he’s trying to make himself out to be the victim. He’s even trying to lay all the blame on the other gunman, Andrew Golden.

    Mitchell insists the event was fellow shooter Andrew Golden’s idea.

    He repeatedly says no one was supposed to get hurt, just scared.

    “I was told that he was tired of people messing with him, and he was going to scare people. He was going to prove a point that he’s not a pushover, and he asked me to help him obtain to obtain a vehicle to get to and from where he needed to go. And that was supposed to be that only,” he said.

    “That was what?” an attorney asked in the deposition.

    “That was supposed to be my involvement in all of this,” Johnson responded.

    Instead, four students and a teacher were shot and killed and eleven people were hurt.

    You know you could have said no because that was a stupid idea. But you didn’t, and you took part in the shooting. The only reason you’re out of jail is because of a loophole in Arkansas law at the time regarding juvenile offenders.

    And here come the excuses…

    In the taped deposition we learn Mitchell Johnson was sexually abused when he was younger, used marijuana with his father and was a gang member.

    “I didn’t really think all the way through, I didn’t understand that, you know, what I was doing potentially put people in harm, and that if they did get killed, they don’t come back,” he said.

    Even the stupidest of children know that when you shoot somebody with a gun, there is a very good possibility of them “not coming back”.

    Mitchell says he understands why many people think he should still be behind bars. “I ask myself a lot, do I deserve to be free. I don’t think I do, in all honesty, you know?”

    Well, at least we agree on something.

  • Cho never received treatment

    Cho never received treatment

    Cho Didn’t Get Court-Ordered Treatment:

    With the failure of Cho Seung-Hui getting his court-ordered psychiatric treatment, all parties involved are busy playing the blame game.

    “The system doesn’t work well,” said Tom Diggs, executive director of the Commission on Mental Health Law Reform, which has been studying the state mental health system and will report to the General Assembly next year.

    Involuntary outpatient commitments are relatively uncommon in Virginia, officials said, because those in the system know they are not enforced. They are almost an act of faith.

    “When I let the person go outpatient, I always put on the record, ‘I hope I don’t read about you tomorrow in the paper. . . . Don’t make me look like the foolish judge that could have stopped you,’ ” said Lori Rallison, a special justice in Prince William County. “And knock wood, that hasn’t happened. But it can.”

    Cho’s case is a classic example of some of the flaws in the outpatient treatment system.

    Ya think?

    Cho, they said, slipped through a porous mental health system that suffers from muddled, seldom-enforced laws and inconsistent practices. Special justices who oversee hearings such as the one for Cho said they know that some people they have ordered into treatment have not gotten it. They find out when the person “does something crazy again,” in the words of one justice — when they are brought back into court because they are considered in imminent danger of harming themselves or others.

    So if you’re dangerously crazy in Virginia you get a free pass, it seems like.

    A day later, on Dec. 14, 2005, Paul M. Barnett, the special judge, decided that Cho was an imminent danger to himself as a result of mental illness and ordered him into involuntary outpatient treatment. It is a practice that Terry W. Teel, Cho’s court-appointed lawyer and a special judge himself, said they use “all the time” in Blacksburg. Special justices such as Barnett are lawyers with some expertise and training who are appointed by the jurisdiction’s chief judge.

    Teel said he does not remember Cho or the details of his case. But he said Cho most likely would have been ordered to seek treatment at Virginia Tech’s Cook Counseling Center. “I don’t remember 100 percent if that’s where he was directed,” Teel said. “But nine times out of 10, that’s where he would be.”

    And there, he said, ended the court’s responsibility. The court doesn’t follow up, he said. “We have no authority.”

    And why doesn’t the court have authority? They’re ‘the court’ for crying out loud. If they don’t have the authority, who does?

    That night, Cho e-mailed a roommate saying he might as well kill himself. The roommate contacted police, who brought Cho to the New River Valley Community Services Board, the government mental health agency that serves Blacksburg.

    There, Kathy Godbey examined Cho and found he was “mentally ill and in need of hospitalization,” according to court papers. That was enough to have Cho temporarily detained at Carilion St. Albans Behavioral Health Clinic in Christiansburg, a few miles from campus, until a special justice could review his case in a commitment hearing.

    New River Valley’s Mike Wade maintained that the community services board’s responsibility ended there.

    I see a lot of responsibility ending, but no responsibility taking. How come no one saw this huge gap in responsibility before? Why did it have to take the deaths of 32 innocent victims?

    “When a court gives a mandatory order that someone get outpatient treatment, that order is to the individual, not an agency,” said Christopher Flynn, director of the Cook Counseling Center. The one responsible for ensuring that the mentally ill person receives help in these sorts of cases, he said, is the mentally ill person. “I’ve never seen someone delivered to me with an order that says, ‘This person has been discharged; he’s now your responsibility.’ That doesn’t happen.”

    Virginia law says community services boards — the local agencies responsible for a range of mental health services — “shall recommend a specific course of treatment and programs” for people such as Cho who are ordered to receive outpatient treatment. The law also says these boards “shall monitor the person’s compliance.”

    When read those portions of the statute, Wade said, “That’s news to us.”

    Oh, that’s just great. The people running the mental health agencies don’t even know the law.

    I’m not saying that forced treatment would or wouldn’t have stopped a madman like Cho Seung-Hui, but we’ll never know until someone tries.

    Ever since the day after Virginia Tech, we’ve heard nothing but how they need to close the loophole in the gun laws. It wasn’t until 3 weeks later that someone besides me was talking about shoring up the mental health laws. That’s just sad.

    I think the problem is that we’re too worried about people being offended. You can’t lock a crazy person up because they might get offended. I’d rather have a crazy person with hurt feelings than a mass of bodies.

  • Why Cho chose Norris Hall

    Why Cho chose Norris Hall

    Isolation Defined Cho’s Senior Year:

    This article is mostly about Cho Seung-Hui’s self-imposed isolation and how his mother tried to get him help from various church congregations in Virginia.

    What caught my eye in the article is a tiny blurb about why he more than likely chose Norris Hall for the site of his cowardly rampage.

    What Cho was thinking remains a mystery; so many who knew him say they never heard him speak until the video he mailed to NBC News was aired on television. One clue exists in Cho’s final selection of courses. He was taking a sociology class called Deviant Behavior, according to interviews. The class met on the second floor of Norris Hall, where most of the shootings occurred.

    Basically, familiarity bred contempt.

  • Gregory White sentenced

    Gregory White sentenced

    Joplin man convicted for having firearms, ammunition in house:

    Gregory White, the father of Memorial Middle School shooter Thomas White, was sentenced to 18 months in federal prison for possessing firearms as a convicted felon.

    White had convictions of attempted burglary in Florida in 1980 and a meth conviction in California in 1988.

    White’s attorney, federal public defender Ann Koszuth, argued for a sentence at the lower end of the range, referring to her client as “a very solid and good family man,” with a good work history and only a distant criminal past.

    “This is a family that’s going to need its father back as quickly as possible,” Koszuth told the judge.

    The judge said he recognized this was “not the typical case we see here for a felon in possession.”

    “On the other hand, the number of guns you had is not just a slight violation,” Dorr said.

    It seems like a fair sentence to me.

  • None more negative

    None more negative


    I can finally cross one off the list of bands I need to see before I die. I’ve seen Black Sabbath and Dio, and last night Type O Negative was added to the list.

    Charlotte, NC does not normally attract the best metal bands since they get no radio play, so Type O coming to the area was something of a miracle for me. And they did not disappoint.

    They opened up with “Magical Mystery Tour” by the Beatles. They also played songs from every album. The one that surprised me the most was “Anesthesia” from Life is Killing Me, as that’s one of my favorite Type O songs of all time. From the new album, they played “Profits of Doom” and “These Three Things”.

    My only small disappointment was that their set seemed kind of short to me. I would hazard a guess that they played 90 minutes at most. It could just be that I’m not used to small club shows and that there were two opening acts.

    Now if only Iced Earth would come to Charlotte.

  • 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?