When karma strikes twice

At 6:13 PM EDT on October 26, 2006, Danny Harold Rolling took his final breath. Florida’s most notorious serial killer since Ted Bundy was executed by lethal injection for raping and carving up five college students in a ghastly spree that horrified and terrorized the University of Florida’s campus in Gainesville back in August of 1990, just as the fall semester got underway. Each one was murdered with a hunting knife. Some were mutilated, sexually molested and put in gruesome poses. One of his victim’s severed head was placed on a shelf, her body posed in a seated position.

Just before his execution, he confessed to the November 1989 murders of a 55-year-old man in Shreveport, Louisiana, his 24-year-old daughter and her 8-year-old son.

One of his victims at UF was Sonja Larson, a freshman who was killed along with her roommate in the apartment they shared. Her goal was to become a teacher. On that fateful night, she and her roommate, Christina Powell, went to a local Walmart to buy a few things. Danny Rolling was a drifter who just happened to be in the store at the same time. He followed the women back to their apartment and attacked them in their sleep.

Her brother, Jim Larson, who lives in Orlando, said, “He confessed to killing five people. He cut their heads off, then played with them. He did the worst things you can possibly do to somebody…”

During the trial, he was so  shocked by the details that at one point, he curled into a ball on the floor and sobbed. He might have never moved from that spot had it not been for his wife, Carla. She cradled him as he cried and sat with him during the remainder of the trial. She convinced him that evil had not infested the entire world, despite it touching so close to home. She was his guide and mentor; his beacon of hope and strength.

Fast forward seven years. Carla Larson got up on the morning of June 10, 1997, to go to work as a building engineer for Centex Rooney Construction Company. The project, a resort called Coronado Springs, was on Walt Disney World property. It was an ordinary day until she left for lunch and never came back. She went to a nearby Publix supermarket to buy grapes and strawberries when a small time convict named John Huggins kidnapped her in the parking lot, drove to a remote field, and strangled her, partially burying her in a shallow grave and covering her with leaves.

What did Jim Larson do to deserve this? They had a one-year-old daughter together. It was her idea, but he didn’t want to bring a child up in a world where murderers like Danny Rolling stalked innocent victims. After extensive counseling, Jim found inner peace and their daughter was born. They had bought a small house in the suburbs of Orlando, in College Park. They installed new locks and a home security system. They bought a Rottweiler. Carla drove a big Ford Explorer. Jim made sure he did everything he could do to keep his family safe.

John Huggins was a Sanford landscaper who had been in and out of trouble with the law most of his life. He was on vacation with his estranged wife, Angel, and their children, staying at a hotel directly across the street from that Publix. In broad daylight, he punched Carla in the stomach, forced her into her Explorer, and drove away, never to be seen alive again. Two days later, her nude body was found, partially clad in a beach towel. She was badly decomposed after only two days in the hot summer sun, but one of the medical examiner’s photographs suggested the possibility of a pre-mortem sexual injury. In other words, rape, without all of the details of the autopsy report. At the time, Dr. Sashi Gore was the Chief Medical Examiner for Orange and Osceola Counties. A different Dr. G back then.

I distinctly remember this murder. It’s funny how the mind plays tricks. After his arrest, John Huggins looked like an ordinary guy to me, unlike a murderer, but then again, what is a murderer supposed to look like? Someone pleasing to the eye, like Casey Anthony or Ted Bundy? When Jim Larson was interviewed on TV, he acted so unemotional and flat, he became a prime suspect in the minds of viewers. He’s hiding something! I even hesitated to believe him because of his indifference. He talked to the media, never shedding a tear, and never showing anger or sorrow. When he spoke, it was insipid, with a prosaic stare. Law enforcement officials were so perplexed by his strange behavior, they asked him to take a lie detector test, just to see if he was somehow involved. Of course, his only involvement was the incredible love he felt for his wife. It lasts to this very day. The murders of his sister seven years earlier, and now his wife, had completely drained him.

On the afternoon of the murder, Carla’s white Explorer was seen speeding away from what turned out to be her temporary grave, along the Orange-Osceola county border. Huggins was trying to patch up his broken marriage. He and his family had been staying in motel and hotel rooms mostly around the Melbourne area where his wife’s mother lived, before coming to Orlando. Angel, his second wife, later told police that her husband was gone at lunchtime that day and returned sometime later, all sweaty and nervous. She soon left with the children to stay with her mother, Fay, leaving Huggins behind.

Later that day, he arrived at Fay’s house driving a white SUV that matched the general description of Carla’s. It was a rental, he said. Although he and his wife were in the process of a divorce, they continued to stay together in the coastal area until her sister, Tammy, arrived to visit. During that time she and Huggins began a relationship. What happened next was something I remember because it was so obvious what this was all about.

Kevin Smith, who lived nearby, was a friend of Huggins. He had agreed to let him keep the SUV at his house for a few days. On the evening of October 26, police received a phone call that an SUV was engulfed in flames in a vacant lot near Kevin’s house. Instinctively, most of us knew what it was, and a subsequent investigation proved it was Carla’s and it was set on fire intentionally.

On the following day, seventeen days after Carla’s murder, Tammy returned to her home in Maryland with John in tow. Shortly after they left, Angel watched America’s Most Wanted, which featured Carla’s murder. She had wondered where John got the SUV and never believed his story. She called the show and reported that she suspected her husband of the murder. As a result of that call, investigators conducted two extensive searches of Fay’s house, but were unable to find anything incriminating. Angel and her mother searched, too, and one day while getting a can of bug spray out of the back yard shed, Fay noticed a screwdriver on top of an electrical box. On a whim, she unscrewed the lid, and found jewelry inside - jewelry that was later found to belong to Carla, including her pear-shaped diamond engagement ring.

John Huggins was arrested in Maryland and extradited back to Florida. After his indictment in front of an Orange County grand jury, he requested a change of venue, which was granted and transferred to Jacksonville in Duval County. On February 3, 1999, Huggins was convicted of first-degree murder, carjacking, robbery and kidnapping. During the sentencing phase, Jim Larson told the jury that, ”One night Carla and I were sitting on a bench outside her dorm room. We were just talking. Carla got up to do something. She walked a few steps and turned around and looked at me. It was just a moment. But when our eyes met, it was as if our souls touched one another. I smiled back at her. I felt so good my eyes filled with tears. I loved her so much. We set our wedding date for Dec. 1, 1990, after her graduation from college.”

After considering the aggravators and mitigators, the jury recommended the death penalty by an 8-4 vote. The court agreed, and John Steven Huggins was sentenced to death. Ironically, Danny Rolling and John Huggins were on death row together. Two murders unrelated except for one common thread - a man, two women and two families who did nothing in life to deserve this. Neither did Jim and Carla’s daughter, a mere one-year-old at the time, much too young to sin, and much too young to know anything about bad karma.

This is the end of PART ONE. Where am I going with this? Wait and see. The answer will come this week, when I weave it all together with what we are witnessing today in a case that has so much national exposure, it dwarfs the magnitude of Carla’s murder in scale, but certainly not in importance.

TO READ PART 2, CLICK HERE

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BACKGROUND CHECKS

Trial By Ambush

PART I

I hate being late to anything, but on Monday, so many people were present at the courthouse waiting to go through security, it was a full 9 minutes before I entered courtroom 19D, meaning that I was 9 minutes late since Chief Judge Belvin Perry, Jr. is a stickler for being prompt. When a hearing is set to start at 1:30, it starts at precisely that time. Courtroom 19D holds some bittersweet memories for me, too. It's Judge Strickland's courtroom, and the one where I was called up to meet him on that fateful October day last year. Alas, life goes on, but it's a date I will never forget.

What ensued on Monday was a heavy dose of the reality of Judge Perry's courtroom and a taste of things to come. One of the strongest statements he made and one that's clearly set in stone is that he will not budge when it comes to the timeline. On May 9, 2011, jury selection will start and exactly one week later, on the 16th, the trial will begin.

The reason for these status hearings is to keep both sides on schedule and to ensure that they share information with each other and get everything synchronized or suffer the consequences. “I would not want me setting your depositions,” he said. “I’ve been known to do some weird things like working on Saturday.”

One of the issues Jose Baez addressed was the timing of the state's release of discovery. He cited one example. Erica Gonzalez worked as a shot girl at Fusian Ultralounge. She told OCSO Cpl. Yuri Melich that she spoke to Casey on the phone on July 15, 2008, and heard her talking to Caylee.

Jose said he didn't receive this information until July 22 of this year, over two years later. Linda Drane Burdick responded that there are plenty of times witnesses take too long to respond. For example, PI Dominic Casey took forever to turn in documents and it took a week to scan all of the papers for release.

The defense turned over an amended witness list containing 63 Category A witnesses. The judge reminded both sides of their deadlines. Linda Drane Burdick mentioned that 300-500 more pages of discovery are coming, but they would be mostly bank records of no significance to the defense. She still needs to copy Yuri Melich's hard drive, she added.

The prosecution wondered how 35 people could possibly be deposed in one day, as stated by the defense. Cheney Mason piped in that he would get it done on September 15 as scheduled. Some might be a mere 5 minutes long. What I noticed during this exchange was a friendly banter between Mason and the judge. Quite clearly, the two men had experience with each other and were, no doubt, comfortable and aware of each other's unique personalities, strengths and weaknesses. I will elaborate on this at a later date.

When the defense filed its NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, the judge interpreted it as meaning it was not requesting a hearing, but instead, stating on record that it objected to the media and public's right to know. Jose Baez concurred. The Orlando Sentinel filed a MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF OPPOSING DEFENDANT'S STANDING OBJECTIONS OF FLORIDA STATUTES CHAPTER 119.01. If this sounds complicated, it's not really. It's more of a formality on the defense's part and opens the door for a gag order later on, which Judge Perry will, most likely, write as the trial nears. This will be in order to keep potential jurors from reading about the case so close to jury selection. Mason brought up Murph the Surf, which addressed media coverage. Jack Roland Murphy was a famous surfing champion, musician, author and artist before his convictions; one being his involvement in the biggest jewel heist in American history at the American Museum of Natural History, and the other being the first-degree murder of Terry Rae Frank, 24, a California secretary. From lectlaw.com, Heidi Howard:

The Court examined the totality of the circumstances, and found that if the jurors were actually, provably prejudiced by pretrial publicity, or if the "general atmosphere in the community or courtroom is sufficiently inflammatory," the community sentiment can be so poisoned against the defendant "as to impeach the indifference of jurors who displayed no animus of their own."¹

In other words, the media may be restrained from reporting, at least prior to the impaneling of a jury in a criminal trial, when pretrial publicity is so pervasive that it, more than likely, would have an effect on jurors.

A final edict made by Judge Perry was that all future motions will be heard within 15 days of filing. This is the nature of this judge. Move, move, move! I wouldn't be a bit surprised if he keeps a fully charged cattle prod at his side behind the bench, waiting to use it.

PART II

One of the most compelling statements made by the judge was that the state of Florida has discovery rules that include trial by ambush. Trial by ambush? What's this all about?

In Florida, the standard  trial order entered by most judges  is that 45 days prior to the trial getting underway, both sides must submit to opposing counsel a written list of the names and addresses of all witnesses, impeachment, rebuttal or otherwise intended to be called at trial. It means this is the complete list of people who will be permitted to testify. It's intended to keep either side from suddenly finding a witness and surprising the other side. In this case, an act of this nature amounts to trial by ambush. Most judges will not allow it. Any witness not previously disclosed won't get near the courtroom unless certain circumstances warrant it. An example would be if the party diligently tried to find a witness and failed due to not being available until trial.

Another aspect of trial by ambush includes other discovery, as well. Discovery enables both parties to know before the trial begins what evidence may be presented. This way, one side doesn't learn of the other side's evidence when there's no time to obtain anything to respond.

In 1981, the Florida Supreme Court set the standard for the requirements of pretrial disclosure (See: Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981). It gave trial courts ammunition to deal with faulty pretrial disclosure. In Marine Enterprises v. Bailey, 632 So. 2d 649 (Fla. 4th DCA 1994), the Fourth District Court approved the trial court's striking four witnesses for violations of the pretrial order.

“In exercising its discretion to strike witnesses not properly disclosed upon pretrial order, the trial court may consider such factors as: whether use of the undisclosed witness will prejudice the objecting party; the objecting party’s ability to cure the prejudice or its independent knowledge of the witnesses’ existence; the calling party’s possible intentional noncompliance with the pretrial order; and the possible disruption of the orderly and efficient trial of the case.

Compliance with pretrial orders directing proper disclosure of witnesses eliminates surprise and prevents trial by ‘ambush.’ Binger, 401 So. 2d at 1314. Counsel who disobey a trial court order entered months earlier should not be rewarded for their conduct. Pipkin v. Hamer, 501 So. 2d 1365, 1370 (Fla. 4th DCA 1987).”

As a matter of fact, trial by ambush has been discouraged since the state of Florida adopted its rules of procedure in 1954. Judge Perry is well-versed in procedural law, and the fact that he brought it up at Monday's hearing means he plans on abiding by the rules. Remember: 45 days.

On a final note, one thing I understood from attending the hearing was the judge's determination to impress his rules on both sides of the aisle, not just the defense, as many people believe. I saw no discrimination or favoritism. He treated the two sides equally and he had words to say to everyone involved. He doesn't want to hear petty arguing or sniping, either. Such is the manner of any good judge. In this case, there's no doubt in my mind that what we have here is a great judge who will play Solomon if and when it's necessary. Of course, I never expected any less from Judge Strickland, so in that regard, nothing has changed. As the hearing progressed, I got a sense that the light at the end of the tunnel is coming into view. It's no-nonsense from here on out. When Linda Drane Burdick asked the court if closing arguments could be split between all of the attorneys, state and defense, that little tunnel lit up, and I liked what I saw. Justice was shining at that other end.

More from "My bus runneth over"

ENTERING THROUGH THE BACK DOOR

Casey's tragic bus took another wrong turn when it recently handed her former and final boyfriend, Anthony Lazzaro, a copy of a subpoena duces tecum without deposition for phone records from January 2009 to present.

What's this all about? Casey has been locked up for how long? What would her legal team want to do with poor Tony's cell phone records for the past year-and-a-half plus? William Jay, his attorney, thinks that whatever it is, it's no good. He countered by filing a MOTION TO QUASH SUBPOENA DUCES TECUM. Should Baez & Mason be surprised?

What exactly is a subpoena duces tecum without deposition?  A subpoena duces tecum is a summons ordering a party to appear before the court and produce documents, in this case, cell phone records, that could be used at a hearing or at Casey's trial. The literal translation from Latin is to "bring with you under penalty of punishment." The without deposition part means that Lazzaro would not be compelled to appear in person to offer those documents. Whew, what a lucky break.

Here's the problem that the defense doesn't get. After a hearing last August, Judge Stan Strickland - yes, the fine, upstanding and highly revered judge the defense had removed from the case this past April - ordered that, "the time frame allowed to be subject to a subpoena duces tecum was from June 1, 2008 to December 18, 2008."

If you recall, the defense wanted Roy Kronk's cell phone records, too, for a similar period of time. They were denied that request. Poor Roy Kronk was one of the first ones the defense pointed incriminating fingers at while tossing him under a few speeding Van Hool tires.

What would Casey's attorneys do with Anthony Lazzaro's cell phone records from the past twenty months or so? Imagine looking into each and every person he ever made and received calls to and from. Why, if only half of them could be investigated for the next three years, give or take, two things may happen. One, the trial would surely be postponed, and two, there may be a Zenaida or two in that there briar patch. That's a thought, but Baez can't afford another three years pro bono and Mason will be retired by then. No, it's not that. What actually strikes me as funny is that this team recklessly pursues everyone law enforcement has cleared. This includes the Grunds, her former friends, Kronk, of course, and a number of others.

Do I think the defense is trying to pin the crime on Lazzaro? No, I do not. Once again, this is a feeble attempt to discredit the state's prime witnesses, and if he ever made a prank call to Pizza Hut and it's in those records, all of his credibility will fly out the window. "Your honor, this proves the state's witness is unreliable."

I expect this sort of treatment. It is the defense's job to tarnish everyone the state plans to call up to the stand, excluding experts who will go head-to-head with their own slate, but in this particular case, as in many others; just what does the defense really need 26+ months of phone records for? As soon as Lazzaro realized who and what he was possibly dating, he high-tailed it. Casey bit the dust and is, most likely, nothing more than a morbid thought in his mind today. Meanwhile, all this team seems to be going after is the stand-up crowd, with no Zenaida in the patch. Anthony Lazzaro's phone records aren't worth a rabbit's foot. He moved on with his life. Should his girlfriend of today be slapped around, too?

In his wisdom, Judge Strickland made the right and proper call. With Judge Belvin Perry now at the helm, did the defense realize it would lose another Motion for Reconsideration of Prior Rulings if it chose to go that route instead, so, let's choose another path? Enter through the back door. Hand little guy Tony an official order and hope he doesn't take it to his lawyer. Well, he did, and William Jay knew exactly what to do with it. So will Judge Perry.

Lyon Down

This is an opinion piece based on my observations in and out of the courtroom.

"You're really not going to notice any difference in the way the team operates."

- Cheney Mason

I never planned on writing anything about my interaction with Andrea Lyon because it wasn't all that relevant. Yesterday, that changed when she stepped out from the Casey limelight and the shadow of Cheney Mason. To be honest, it came as a complete surprise to me and I'll be the first person to say I thought she would be there until the end; that she would do her very best to keep Caylee's mother from the clutches of death, if it comes to that. Whenever anyone asked me if she would stay or leave now that another death qualified attorney joined the team, that was my standard answer. To me, she was the best chance Casey had. Well, that's no longer the case, and when I think about it and try to put everything in perspective, I never would have guessed that Judge Strickland would be off the bench, either. Interestingly, Judge Strickland and Andrea Lyon have something in common. Both left after Cheney Mason joined the illustrious defense. He's the common thread and the one that, in my opinion, had something to do yesterday's Motion to Withdraw Counsel. Time will tell if her absence becomes noticeable or not, but so far, I see no improvement after one fair judge stepped down, only to be replaced by another. I make it a point to say he went from Strickland to stricter, and because of his lengthy and seasoned career, he should have known you don't change horses in mid-stream. With yesterday's turn, I'm afraid it was brought about by conflicting viewpoints, along with other factors such as money and scheduling issues. We must consider that Mason had already assumed many of her responsibilities involving the death penalty and this should have been an overt clue. It was a natural transition I never recognized, but I still feel she was and could still be extremely essential to the case.

Under Mason's tutelage came a complete shift in strategy as witnessed at the last hearing and press conference. No longer was Roy Kronk the defense's main target. No longer will it embrace the theory that TES searchers went into those woods earlier on, when the area was flooded. Remember, it was Mason who said there's a difference between missing and disappearing. I'm not suggesting that there were problems with those issues. What I will strongly hint at are bones of contention we may never know about, and when push came to nudge in a battle of intellectual supremacy, was it really worth the trouble from all the way up Chicago way?

Today, I sense a strong possibility that, with Andrea gone, the trial date could be moved ahead at least a week. After all, it is her daughter who is graduating college the week of May 2nd. Judge Perry wanted it to begin that week but he graciously accommodated her. Suddenly, as the judge continues to poke and prod both sides to speed things up, it takes on a new and earnest meaning and that could come to fruition, only don't bet the farm just yet. Trust me, I've been wrong before.

♦

When Andrea Lyon's book, Angel of Death Row, was published, I wrote apost about it based on excerpts published on the Scribd Web site. Soon after, I attended a hearing and had a chance to talk to her. That was the day I "famously" handed my business card to Jose Baez. You know, the card that DOES NOT have my address on it. Walking to the parking garage, I had a friendly chat with Mort Smith, the defense team's private investigator who will, incidentally, remain with the team. As we continued to walk, I asked Andrea what she preferred to be called, ANN'-drea -- AHN'-drea, Ahn-DRAY'A or Ms. Lyon?

"ANN'-drea is just fine," she responded. Okay, Andrea it is.

I told her I had written a post about her new book. I also told her I found a typo in it. A couple of weeks earlier, I sent her an e-mail pointing it out and I wondered whether she received it or not. She acknowledged that she had and then thanked me. She said it would be corrected by the next printing. Along with several other bystanders awaiting the elevator, we all boarded together. Jose asked me if I was going to buy the book. I said, yes, if she would autograph it. Then, he turned to her and jokingly chuckled, "Good, at least one person will be buying it."

Needless to say, the garage elevator is a lot faster than the courthouse ones that go up 23 floors, and in a snap, we parted ways.

♦

The next time I spoke to her was after a later hearing. We were standing outside the entrance/exit doors at one of the now familiar post-hearing press conferences. Standing by her side this time was Linda Kenney Baden, who will also stay on. As Jose was finishing answering questions, I moved closer to the women and asked, "Andrea?"

"Yes, David," she quickly responded. What I discussed with her was of no relevance here, but we stood within inches of each other and I was surprised at how approachable, charming, and downright friendly she was. She was very relaxed, open and candid, too. She even introduced me to Kenney Baden. What I could see in her eyes was an extremely caring individual. Of course, I witnessed it in the courtroom, but, for the brief moment we talked, I sensed - up close and personal - a lot of compassion despite her well known courtroom theatrics. I was impressed that, out of all that was going on in her life, she remembered my name. That was duly noted and appreciated.

I will say this. When she joined the defense team 13 months ago, I thought she was a dedicated woman, it was certainly a step in the right direction, and she was a most positive addition. Up until yesterday, she was the only person of the main three members - meaning her, Baez and Mason - I had the most respect for. I guess I will always have a soft spot for a deeply humanitarian woman, but it was more than that. I happen to hold the same opinion regarding the abolition of the death penalty and I know how committed she is to that cause. That's precisely why her decision to part company came as such a surprise, but I should know better by now. Look what happened to one key player, not to mention little old me, but speaking of judges, here's something you never knew. Neither did she. She felt that a certain judge didn't like her. In the end, and I can say this in all honesty as I bid her well in her present and future endeavors... Andrea? You were dead wrong about that. Take heart, and as you take leave, take that with you.