No Smoking Gun?

There wasn’t really any shockingly new or surprising material in Thursday’s document release from State Attorney Angela Corey’s office, but I did manage to squeeze out a bit of information. Ever since this news story broke, my main contention with George Zimmerman was that he got out of his vehicle with a loaded pistol to chase after a figment of his distorted imagination — a hoodlum; a bona fide bad guy. Prior to yesterday’s release, we knew nothing about Sanford’s three main gangs, all known as “goons” in one way or another. Could Zimmerman have uttered “f*cking goons” under his breath during his now famous call to a Seminole County police dispatcher that fateful night of February 26m 2012? It makes more sense than “cold” or “punks” doesn’t it? And it’s a matter of fact that the majority of those goons are made up of minority ethnicities; African-American and Hispanic. For me to say so does not make me a racist.

One thing is certain regarding race. Not one of the nearly 30 people interviewed considered Zimmerman to be one, either, and I, for one, never believed he was from the gitgo. If anything, look at the city of Sanford and Norm Wolfinger’s office for racial issues but, even there, I would dare say you will never find anything close enough to substantiate claims of bias. Odds are good that had it been a Hispanic wearing a hoodie that night, his fate would probably have been the same. Zimmerman was on a mission. Look to Bernie de la Rionda for guidance on this matter. He maintains that Zimmerman is guilty of criminal profiling. That’s a far cry from racial profiling. On this issue, I suggest we move on because there is nothing to substantiate any prejudice and all that will come out of it will be feuding and hard feelings among commenters. The real issue remains the same. Zimmerman profiled, stalked and murdered an innocent teenage boy. Regardless of what anyone feels Martin had done prior to that night, he did absolutely nothing to deserve what he got — a hollow-point bullet through his heart.

I’m going to start by taking this page-by-page. I will readily admit I didn’t get everything, so I will rely on you, dear reader, to fill in the gaps and offer up your ideas. There’s a lot to discuss.

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On page 11 of the 284-page document, State Attorney’s Office Investigative Division Memorandum, an enlightening statement was made by a Sanford police officer:

“Officer Mead saw the flashlight ‘on’ at the intersection of the two walkways when he responded to the scene.”

Actually, the flashlight was found south of the intersection, as the maps will show, but the part that’s very revealing comes from what Zimmerman told investigators during his next day reenactment. He specifically said his flashlight was not working that night.

“… I had a flashlight with me. The flashlight was dead, though…” (Watch HERE; 8:11/15:04)

This is another example of Zimmerman’s imagination getting the best of him. Does he assume that changing the facts literally changes the facts to his advantage? Does he think people are so stupid he can pull the wool over their eyes, including trained law enforcement investigators? Yes, I’m afraid so. It also means, in my opinion, that he pounced on Martin, cop style, with gun and flashlight in hand, right in the young man’s eyes.

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On page 34, during the night of February 26, while at the police station:

“The Evidence Technician came and collected clothing and photos of Zimmerman. The injuries to the back of the head of Zimmerman appeared to be abrasions and not lacerations.”

What this tells me is that Zimmerman was never close to his demise. If Martin popped him one, it was in self-defense and he he had it coming. It also tells me that those butterfly bandages on the back of his head, placed there by his wife, (shown the next day during the reenactment) were a farce and nothing more than a pity ploy to make him look more injured than he was.

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On page 54 of the document, and part of the FDLE Investigative Report, Wendy Dorival put on a presentation at a Retreat at Twin Lakes HOA meeting at Zimmerman’s request. She is a civilian liaison with the Sanford Police Department. Held on September 22, 2011, she clearly instructed Zimmerman of the rules. A witness (name withheld) at the meeting said that:

“… it was told, you watch, you do not take any action on your own, you get away from the situation and you call the police.”

These are guidelines, not laws. Zimmerman was not supposed to be carrying a firearm, either, but he was licensed by the state of Florida to do so. The point of this is to show that he was aware of the rules, yet he chose to ignore them. Why?

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On page 60, one of the witnesses noticed that the loud noises were getting closer.

“They first thought it might be kids in the neighborhood or people having a good time outside. Hearing the noise a second time, he decided to mute the television. Not hearing anything at first, he heard the sound again as if it was coming toward him and getting louder.”

What this signifies is movement, which contradicts Zimmerman’s account of where the fight began and where Martin fell to his death, which were in close proximity. According to Zimmerman, there was no running; no real movement. The maps show that the fight did not take place where he said it did, and Martin’s body was found farther south.

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On page 65, another witness describes what she heard and saw. To be fair, she did take her contact lenses out before being compelled to look out of a back bedroom window:

“Hearing what sounded like running, she glanced out of the bedroom window (rear facing) to see a person go by from left to right (in a south to north direction).”

What this tells me is that, if true, Martin and Zimmerman were farther south than Zimmerman explained in his reenactment, and that Martin was much closer to where he was staying; in the townhouse that was east and most south of the sidewalk where he fell.

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Another witness, on page 71, states that he heard what sounded like an argument, right in the area of the T-section on the walk way. He then said:

“… he heard a scuffling sound that was moving down the walk way getting closer to the building next to his house.”

This means the chase headed north, but the ensuing battle moved Zimmerman and Martin toward the south, as one of them fought back. (See map)

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On page 74-75 of the FDLE Investigative Report, Wendy Dorival said she never had any further contact with Zimmerman after their September HOA meeting until the following month, when he requested information on a recent burglary that happened in the area. However, at the meeting, she gave him a neighborhood watch coordinator’s handbook and explained all the duties and responsibilities. She also asked him for something else:

“Dorival said during the meeting with Zimmerman she asked him to make a list of all the neighbors who wanted to be involved in the crime watch program. Zimmerman was then to determine who would be willing to be block captains and get her the list… Dorival said Zimmerman never provided her with the list of names for the crime watch program.”

This can be highly revealing. Was Zimmerman a loner? Was he a vigilante who wanted all the glory for himself? Or was he lazy and someone who didn’t follow through on his obligations? Not according to his work ethic, where he was quite adept at his responsibilities, according to interviews with associates.

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Page 76 is a very telling page. The FDLE report explains what agents found in Zimmerman’s possession the day he turned himself in to authorities on April 11:

“Upon the completion of booking Zimmerman into the Seminole County Jail, SA Rogers transferred a Fabrique Nationale Herstal (FNH) Five-seven handgun cal. 5.7 x 28 SN# 386201358 and three magazines with ammo to SAS Duncan. SA Rogers stated that the handgun and magazines were the property of Zimmerman.”

It’s my understanding that this particular weapon is a police killer because of its ability to pierce armor. I imply nothing by stating that. You can formulate your own opinion, but the gun was fully loaded and each clip holds 20 rounds. That’s 80 bullets, folks. I understand his fear and desire to protect himself, certainly in light of the New Black Panther Party threat against him, but my question is whether this particular gun is overkill. Until his arrest, it was still legal for him to carry a firearm. To those who give to his cause, you’re out $1,200, plus extra clips and ammo. If he’s found not guilty, thank yourself for buying him one helluva pistol.

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On page 78, Zimmerman spins his tale to a witness, who I will assume is Frank Taaffe, Joe Oliver or Mark Osterman. What really intrigues me the most is how Zimmerman was able to pull the gun out of his holster. Of particular interest is the fact that he is left-handed and the holster was on his right hip, set-up for a left-handed person to reach across his chest and belly to go for the gun. While that might not seem like much, it also means that when he went for the gun with his right hand, he either fired it upside down or he had the time and space to turn the gun right-side-up before firing it straight into Martin’s chest:

“Zimmerman used both his hands to pull Martin’s hands away from Zimmerman’s mouth. Martin then observed or felt the handgun on Zimmerman’s side, took his other hand away from Zimmerman’s nose and reached for the handgun stating, ‘You’re gonna die now Mother F*cker.’ Zimmerman slapped Martin’s hand away from the handgun, pulled the handgun, rotated the weapon and fired one round. Zimmerman’s elbow was on the ground at the time he fired.”

I find this to be extremely problematic for several reasons. It means that, since the bullet went straight into Martin’s chest, he had to have been perfectly parallel to Zimmerman’s body at the time the bullet was fired. Why? Because earlier in the interview, Zimmerman’s friend said this:

“Martin and Zimmerman struggled, which resulted in Martin gaining a position on top of Zimmerman, sitting on Zimmerman in the ‘mounted position,’ Martin’s butt on Zimmermans stomach, with Martin’s knees on the ground next to Zimmerman’s ribs.”

 With knees positioned the way they were, how does one wiggle their way out? How did the gun move from behind Martin’s thigh to in front of it? If Martin was riding Zimmerman like a horse, how did the bullet go straight into his chest while Zimmerman’s elbow was in direct contact with the ground? If Martin was positioned parallel to Zimmerman at the time of the shooting, how did Zimmerman manage to get the gun between the two sandwiched chests, let alone with enough of a gap to point the gun straight in?

Incidentally, Zimmerman said he made eye contact with three witnesses during the struggle, yet no witness has admitted to that. How observant for a guy to notice that, yet he contradicted himself regarding Martin’s age; someone who was a heck of a lot closer than the nearest witness.

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On page 86 of the FDLE report, a background interview took place with the person who provided Zimmerman’s firearms safety training course. Zimmerman’s certificate was dated November 7, 2009. I will have a complete article that will describe, in detail, what led up to George’s obsession with buying guns. Yes, it’s about a dog. Until then, there is plenty to discuss, including personal issues regarding his family and a certain ex-fiance. That’s too much to handle in this post, so please feel free to address his temperament and anything else. Certainly, if I’ve missed anything else, I’d be more than happy to learn, but as far as I’m concerned, the only smoking gun, so far, is the one that George Zimmerman held in his hand on February 26, 2012.

Blackfields & McWhites, Part 1

“FBI may charge George Zimmerman with hate crime”

That was the heading of an online story published at the WFTV Website on Monday, May 14, 2012. WFTV-Channel 9 is the ABC network affiliate located in Orlando. The opening paragraph was very revealing in the sense of what it failed to do. It revealed nothing new or, for that matter, particularly newsworthy.

SANFORD, Fla. —  WFTV has learned charges against George Zimmerman could be getting more serious.

State prosecutors said Zimmerman, a neighborhood watchman, profiled and stalked 17-year-old Trayvon Martin before killing him, so the FBI is now looking into charging him with a hate crime.

What’s so strange about this kind of journalism is that it fuels the fire. It’s called baiting. While starting the article with a leading statement, WFTV has learned, it offers nothing new beyond what we didn’t already know. What, exactly, did WFTV learn, and what does the word could mean, as in the charges could be getting more serious? THAT’S NOT NEWS! IT’S GUESSING! The article later adds a revelation:

FBI investigators are actively questioning witnesses in the retreat at the Twin Lakes neighborhood, seeking evidence for a possible federal hate crime charge.

Of course they are! That goes without saying. If the FBI is investigating any crime, agents from the bureau routinely interview everyone in sight of the crime. And everywhere else, for that matter. The remainder of the story is nothing more than superfluous fluff, a term I last used early in the Casey Anthony case — long before the trial and, quite possibly, while critiquing another WFTV piece. You see, soon after I began writing about Caylee and her mother, I was reminded of how biased the news could really be. In college in the 1970s, I wrote an article, An unbiased look at news slants that explained how it’s done every day. I’ve republished it over the years (with improvements) and it’s an easy read. It describes how simple it is to write a news story in a manner that subtly offers an opinion.

While attending most of the Casey Anthony hearings beginning in October, 2009, I got a lot of advice from many of the local journalists covering the case. They were familiar with me and my work. It wasn’t just advice, though. There were rumblings going on in O’do, the unofficial slang word for Orlando. Was WFTV on State Attorney Lawson Lamar’s payroll or something? I mean, it took me no time at all to see how blatant it was that the station got the jump on stories coming out of the State, and nothing at all from the defense. It was apparent that WFTV was pro-prosecution, in my opinion, and I was far from alone in my thinking.

In many of the posts I wrote before covering the trial for Orlando magazine, I made my assertions clear about bias. How I know I was far from alone in this regard was because of the feedback I garnered from other journalists covering the case. What’s up with that station? I was asked. 

Here’s the deal. I’m not about ready to accuse a television news organization of unfair reporting. You are smart enough to figure it out yourself; but doesn’t it seem like the WFTV headline about charging George Zimmerman with a hate crime is a bit premature and racially baiting? The article contains no meat or any legs to stand on and it only serves to provoke the Trayvon Martin camp of supporters.

I don’t know. Perhaps May 15 was a slow news day around Orlando. It’s interesting to note that the story broke at 4:47 pm, just in time for the 5:00 o’clock news hour, and only one station reported it. Huh. Do you think it has anything to do with ratings?

(By the way, other news outlets reporting on the WFTV story don’t count.)

The Tragedy of Trayvon Martin

PLEASE READ MY NEW POST HERE:

SLIMM V. ZIMM

By now, the entire world knows who Trayvon Martin is — the unarmed 17-year-old African-American lad shot dead in his tracks by an overzealous Neighborhood Watch captain, George “Triggerman” Zimmerman, on February 26 in Sanford, Florida. Before delving too deeply into this tragedy, just what is Neighborhood Watch, and who (or what) gives people the right to shoot anyone?

Actually, the National Neighborhood Watch Institute has no authority or control over anything. According to the NNWI Website, it “was formed to supply law enforcement agencies and individual’s [sic] better tools for their crime prevention dollar.”

Basically, NNWI sells the materials, including signs and manuals, necessary for police departments to train people like “Triggerman” Zimmerman. In my opinion, whatever the police department was that trained him, they did a remarkably lousy job. While the NNWI strives to “provide excellent educational materials and products that build observation and reporting skills,” somewhere along the line, all of Zimmerman’s training went out the window with one squeeze of the trigger. Not only did the system fail him, he failed the system dreadfully.

The location of the shooting was inside the gated community of The Retreat at Twin Lakes. Zimmerman lives in that community and he’s the self-appointed Neighborhood Watch captain. Apparently, he called 911 at least 47 times between August 12, 2004 and Feb. 26 of this year. Most of the calls started the same way about suspicious persons, “We’ve had a lot of break-ins in our neighborhood recently and I’m on the Neighborhood Watch.”

George Zimmerman 911 Call History

How revealing it is that most of those suspicious characters were black, yet this shooting is not supposed to be about racial profiling? Give me a break.

I went to the scene on March 21 and spoke to several people. I took photos of the spot where Trayvon died, and I laid it all out in the pictures displayed below to give you a good idea of what went down that tragic Sunday evening.

CLICK PHOTOS TO ENLARGE

This map shows the route Trayvon Martin took when he returned.

Visiting from Miami, Trayvon walked to a nearby 7-Eleven, but when I say nearby, it was about a 2-mile hike. I’m sure, like other boys his age, he got restless inside his father’s girlfriend’s house and needed to get out to do what 17-year-olds do; they text and talk on their phones. That’s not all. He wanted to buy something for his soon-to-be stepbrother, so when he got to the store, he bought a bag of Skittles and a can of iced tea, turned around and headed back. Very suspicious, huh?

Almost immediately after Trayvon returned to the gated community, Zimmerman began to slowly tail him in his pickup truck. It’s as if he were lying in wait… lurking… ready to pounce at any moment. He dialed 9-1-1 to, once again, report a suspicious character, whose crime thus far was merely being black. When Trayvon put his hoodie up to keep the falling rain off his head, he suddenly morphed into a black thug. You see? This is racial profiling, plain and simple.

Straight ahead, between the two perpendicular rows of buildings, is the sidewalk Trayvon took to escape Zimmerman. It was the way back to where he was staying. 

 

Zimmerman has a concealed weapons permit and was carrying a Kel Tek 9mm PF9 semi-automatic handgun. Why, in God’s name, anyone like him needs to carry a gun in his capacity as a nobody with no authority whatsoever is beyond me. Today, he is a murderer in my book.

In recorded 911 calls, Zimmerman acknowledged that he was following a suspicious person. At some juncture, he parked his truck and began pursuing Trayvon on foot. In his subsequent statements to police, he claimed that Trayvon attacked him and he shot the teenager in self-defense, but here’s where his story falls apart. (Continued below the photos)

This is the path Trayvon took, looking south. Scott is on the left. Both are from a Japanese media organization. Facing me is the direction Trayvon took. Zimmerman parked his truck somewhere near the red car and pursued on foot.

This is the spot where Trayvon died, just to the left of the small tree.

Trayvon never left the sidewalk. He followed the path to where he was staying. As he approached his destination, the sidewalk went from being parallel to the street to winding around the side and backside of two rows of townhouses. In order to continue following his prey, Zimmerman had to get out of his pickup to pursue him. He had to run, too, which is clearly evident on one of the 911 recordings, where he acknowledges to the dispatcher that he is running after him. The dispatcher tells him not to do that, to which Zimmerman says “OK” yet ignores the request. Incidentally, dispatchers have no authority. They are civilians and all they can do is offer advice.

This is the scene looking south. The shooting took place on the sidewalk to the left.

This is what Trayvon last saw as he tried to make it back to safety, although it was dark.

From what I was told near the scene, Zimmerman raced in front of Trayvon and swung around abruptly to face him. Both stopped in their tracks. Trayvon was on the phone with his girlfriend at that moment. Bear in mind that Zimmerman weighed about 100 lbs. more than Trayvon. Trayvon asked Zimmerman why he was following him and Zimmerman demanded to know why he was there.

STOP! BACK UP!

Here’s where it gets tricky. If a nutbasket like Zimmerman came up to me, I’d want to know who gave him the authority to question who I am and why I’m anywhere. I’d ask him if he were a cop. No? Then get out of my face. It’s none of his business. That’s a natural reaction. Someone pushed first. It doesn’t matter who, because, in no time at all, a senseless vigilante pulled out his weapon and shot an innocent person dead on the spot. He shot him point blank in the chest. I’ve heard rumors he did it while the teenager was lying on the ground, on his back, but I haven’t heard anything official yet.

One of the people I spoke to was Sly, who lives nearby, but not inside The Retreat. He said that, obviously, Zimmerman knew all about the Stand Your Ground law, where you shoot to kill and claim self-defense. Without a witness, who’s there to contest it? Because of that law, the Sanford Police Department chose to not arrest Zimmerman, but my big question to them is quite simple — has there ever been an incident anywhere in the world where a bag of Skittles and a can of iced tea was used to threaten someone or cause death or great bodily harm?

I didn’t think so.

Trayvon was on his cell phone talking to his 16-year-old girlfriend within minutes of his death. He told her he was being followed. She told him to run. He told her he’d walk a little faster, but he wasn’t going to run. Trayvon had no idea who this dude was or what he wanted. When he walked around the corner of a building, Zimmerman zipped on by and swung around.

“What are you following me for?” Trayvon asked.

“What are you doing around here?” Zimmerman demanded.

Trayvon must have been pushed, his girlfriend assumed, because his headset fell to the ground and the phone went dead. Who pushed who first doesn’t matter. This is clearly the case of a cop wannabe. Zimmerman took the law into his own hands, as if he had the power of a real law enforcement officer. This was his goal in life — to be a cop. In one loud pop, that dream went down the drain as blood flowed from Trayvon’s chest. Trayvon’s own dreams faded into oblivion in a matter of seconds.

There’s a good reason why Zimmerman never became a police officer. What’s sad is that no one looked at him intently enough to know he was a threat to everyone’s safety; a guy who took his self-proclaimed title as captain of the neighborhood too seriously. Today, he’s nothing more than a cold-blooded murderer. He alone provoked the incident. Would someone please tell the Sanford Police Department that you cannot be the instigator and then claim Stand Your Ground self-defense?

Incidentally, police confiscated Zimmerman’s gun. He says he needs to buy a replacement to keep up his work as a Neighborhood Watch captain. Would someone please tell me this is not an insane world?

Tonight, I will try my best to join thousands of others in the National Rally for Justice on behalf of Trayvon Martin.

How the Cards Stack

Two weeks have passed and, surprisingly, Jose Baez did well in some areas. Where?

You’ll have to read about it on Orlando Magazine.

Click the image

Feel free to add your thoughts.

THANK YOU!

Interesting day of discovery

More documents were released today concerning the investigation into the death of Caylee Marie Anthony. Some of the discovery is not very revealing, while other documents are. For instance, several TES volunteers described receiving phone calls from private investigators stating they were “calling from the Orange County Courthouse.” While misleading, they were not illegal. Cpl. Yuri Melich wrote in his incident report that an “investigation was conducted in order to determine if a private investigator working for the Casey Anthony defense violated State Statute by falsely impersonating an officer as per Florida State Statute 843.08.” He added that “there is insufficient evidence to prove anyone violated this statute.” Yes, several people complained the callers had misrepresented themselves, but by merely saying they were calling “from” the Orange County Courthouse failed to constitute probable cause that a crime was committed. I have to agree. I’ve made phone calls from the courthouse and by merely telling the other person I am calling from that location reveals nothing. I could be there for a hearing or something else.

What I did find interesting is that, while a lot of people believe Jerry Lyons is working alone, or that Mort Smith is still somehow involved, two new names surfaced. AHA! We can now add Katie Delaney, Gil Colon and Scott McKenna to the list. What would be intriguing would be if the SAO decided to seek the cell phone records from all of the PIs to see if they really did call from the courthouse as they claimed.

(See: http://www.wesh.com/pdf/27161837/detail.html)

Julie Ann Davis

Julie Davis was a TES searcher who was a K-9 handler. Her dog was trained to find human cadavers. She searched the Suburban Drive area on September 7, 2008 along with Tammy Dennis, Karen Gheesling and Luther Peeples. Tammy Dennis was also a dog handler. None of the dogs alerted anyone to a body. She was clear in her memory of where she searched, and more signifiacntly, where she didn’t. She said she looked at the end of Suburban, across from the school, with her dogs. So did Tammy. They found nothing unusual. She also said she looked into the wooded are where the body was eventually found, but not with her dogs, that remained in her car at the time. Those particular woods were overgrown with brush and flooded, she told Cpl. Eric Edwards on February 3 of this year.

“Um, I got out of my vehicle, walked along the edge of the, the tree line there. Looking inside that vegetation ah, it was thick, but I could see through the thickness was a lot of water.”

One of her most significant statements she made was that it may have been very difficult to find a body. Many variables would come into play.

“It depends on the body if it was wrapped in bags whether or not that K-9 would be able to detect that.”

(See: http://www.wesh.com/pdf/27161880/detail.html)

Cpl. Mark David Hawkins

Mark Hawkins was a longtime friend of Casey and her family. She often talked about visiting him in California, where he was stationed as a U.S. Marine. He knew her from their high school days together. After finding (alleged) samples of human decomposition, samples of Caylee’s hair and chloroform in the trunk of Casey’s vehicle, Hawkins came forward and offered to help in the investigation since he had knowledge of the victim and her family. He admitted that his relationship with Casey was only plutonic; that they had never been sexually intimate together. He said that they both agreed that they should just remain strictly friends. He was in the military and constantly being sent to different locations. Casey said she didn’t want a transient life for herself or Caylee.

“In late June/early July 2008, Casey and I were talking regularly, as I was keeping her updated on some medical issues of mine. She was worried about me and stated she wanted to come out to CA to see me, although there were never any solid plans made. A week or so later, Casey called me and was noticeably upset nd frustrated. She said she had something to tell me and couldn’t say it over the phone. She said ‘something happened’ a long time ago, but wouldn’t say what it was. Casey said she told her mother and brother whatever it was and they became angry & frustrated about it. I asked Casey what happened and tried to get her to tell me, she just saind, ‘Hey Mark, it’s just something I want to tell you in person’. I thought maybe there were some issues between her and her father or thought she was possibly upset about something else and she was just sort of dancing around it.”

In my opinion, this could have been the start of her accusation that her brother used to molest her. NCIS, the U.S. Naval Criminal Investigation, sent Supervisory Special Agent Leroy Jethro Gibbs and Probationary Special Agent Ziva David - JUST KIDDING! NCIS sent Hawkins to Orlando where he agreed to be wired up by FBI Special Agent Steve Mackley. He met with Casey at her house on October 9 and 10, where she was under house arrest after Leonard Padilla bonded her out of jail. Casey never did make admissions related to the death of her child, although this was prior to Caylee’s body was found. Casey also told Hawkins her brother, Lee, knew most of the story about what happened to Caylee. She added she would tell him all about it one day. I doubt Lee was in on the murder, though, and he was never a suspect.

(See: http://www.wesh.com/pdf/27161404/detail.html)

Anne Pham

Anne e-mailed Yuri Melich on February 1 of this year to tell him that on the morning Caylee’s remains were discovered the two of them spoke over the phone as the news broke. Laura never said anything about searching that specific area of Suburban Drive. In fact, it wasn’t until weeks or months later that she started claiming she searched there. Pham continued by saying that other searchers had no idea about Buchanan’s claim. Buchanan thought Roy Kronk was somehow involved in the murder of Caylee.

(See: http://www.wesh.com/pdf/27161898/detail.html)

Dr. Barry Logan

Dr. Logan is an expert in toxicology and analytical chemistry for NMS Labs. He has been retained by Casey’s defense.He will argue that there is no standard operating procedure for the use of the equipment utilized by Oak Ridge National Laboratory. He also states that the database was established with a total of four cadavers buried underground. There’s no demonstration that the findings would apply to human bodies that decomposed under different circumstances, such as in the trunk of a car. As an expert witness, he bases his opinions on several factors, one of which is that Oak Ridge is not a forensic laboratory, nor is it ASCLD-LAB qualified.

(See: http://www.wesh.com/pdf/27161862/detail.html)

Dr. Timothy Huntington

Dr. Huntington concluded that the species of fly associated with the garbage bag in Casey’s trunk is unremarkable and of no forensic value. Also found in the trash was a single dermestid beetle larva that’s of no significant value. Of course, he acknowledged that the findings were open to revision and reinterpretation, but we are now seeing what some of the defense witnesses will testify to at trial. He continues by claiming that, given the conditions in the trunk, specifically increasded temperatures due to solar radiation, adult flies found in the trunk on July 16, the eggs should have not been laid before July 2. Of course, the two sides will be arguing over the insect evidence at trial. Big time.

(See: http://www.wesh.com/pdf/27161900/detail.html)

(See: http://www.wesh.com/pdf/27161900/detail.html)

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In a minor setback for the defense, DNA tests on a laundry bag and shorts that were found with Caylee’s remains came back negative. It may have helped raise reasonable doubt. 

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Depositions

Several depositions were released yesterday. One that was filed comes from the Orange-Osceola Medical Examiner’s Office, where Dr. Jan Garavaglia works. In her September 28, 2010 deposition, she confirmed that the remains showed no signs of trauma. Nothing led up to the cause or manner of death. When defense attorney Cheney Mason asked her about other possibilities besides murder, such as playing with a plastic bag or drowning, she replied that because nothing was “reported immediately to the hospital or law enforcement to try to rescuscitate this person, or EMS, and this person is still found with duct tape on the face, I would still call that a homicide.”

I know many of us have already heard that revelation, and we may remember what Kiomarie Cruz said, too. Another deposition came from OCSO Deputy Appling Wells from his March 9, 2010 deposition. Kiomarie told him that Casey “didn’t really want the baby” and that she wanted to give it up for adoption. Cindy wouldn’t allow it.

Wells met with Cruz on July 19, 2008. She and Casey were friends from middle school and high school and they used to hang out in the woods across from Hidden Oaks Elementary School. She told wells that they used to go there to do adult things like fornicate and smoke wacky weed. “If Casey was to do something bad,” she told him, “maybe this is where she would put the baby.”

Jose Baez questioned him about Kiomarie’s mental health and Wells said, “I didn’t think that was an issue talking to her.”

Wells said that after Casey was first arrested, she was shocked and most likely “a little pissed off.” 

He discussed meeting with the Anthony’s neighbor, Brian Burner, about the time Casey borrowed his shovel. “She brought it back an hour later,” Wells said. “Nothing stood out as far as being something wrong.”

Later, he had a “police officer to police officer” chat with George looking for evidence that “someone, something had been buried” in the back yard.

Finally, and some in the media may find this a bit unsettling, Wells expressed his annoyance with the media throughout his deposition. He considered them to be obsessed with the story.”They’re just vultures,” he said.

(See: The Orlando Sentinel, March 11, 2011)

From the FRYE pan into the FYRE? Part I

Next month, two motions filed by the defense will be heard by Judge Perry. Because they are very important Frye issues, and of extreme importance to the defense, this post will focus on the motion about chloroform evidence. It will be in two parts.

PART I - The Frye Pan

Casey’s defense recently filed two Frye motions. The date reflects when they were filed with the Clerk of Courts. Both are stamped 12/30/2010.

MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FRYE, OR IN THE ALTERNATIVE, MOTION IN LIMINE TO EXCLUDE (CHLOROFORM)

and

MOTION TO EXCLUDE UNRELIABLE EVIDENCE (Plant or root growth evidence)

The state filed motions to strike, but today, I will just focus on the issue over chloroform. The other motions (defense and state) will come later, because in this particular one, there is much to discern, including a few errors. I will get to them, but first of all, what, exactly, is a Frye motion/hearing? Frye motions are generally held in limine, which means they are made before a trial starts. The judge then decides whether certain evidence may or may not be introduced to the jury. The Frye standard is a test to determine the admissibility of scientific evidence in legal proceedings. This standard comes from the case Frye v. United States (293 F. 1013 (DC Cir 1923) District of Columbia Circuit Court in 1923. Frye v. U.S. was a groundbreaking case that argued the admissibility of polygraph tests as evidence in a trial. Today, it’s designed to prevent both sides from unfairly exploiting expert testimony. Its intent is to assure that expert evidence is reliable.

In its motion, the defense cites Florida Statutes 90.401, 90.402 and 90.403, Amendments 5 and 14 of the U.S. Constitution, and Article 1, Section 9 of the Florida Constitution. Let’s take a look:

• 90.401 Definition of relevant evidence. — Relevant evidence is evidence tending to prove or disprove a material fact.
• 90.402  Admissibility of relevant evidence. — All relevant evidence is admissible, except as provided by law.
• 90.403  Exclusion on grounds of prejudice or confusion. — Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible.
• Amendment V — No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Amendment XIV — All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
• Article 1, Section 9 — Due process.—No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

The first two Florida Statutes, I would imagine, were cited by the defense for the purpose of propping up the third, which questions the admissibility of evidence that may prejudice or confuse the jury. In the case of this motion, it’s chloroform evidence found in the trunk of Casey’s car the defense is questioning, specifically carpet and air samples.

After the preliminary introduction of the motion, the defense moved on to FACTS about the case:

FACTS

1. Miss Anthony is charged with First Degree Murder. The State of Florida has announced it’s [sic] intent to seek the ultimate penalty of death.
2. The Oak Ridge National Laboratory conducted tests on carpet samples and air samples taken from a vehicle (Pontiac Sunfire) driven by Miss Anthony at or near the time of the disappearance of her daughter Caylee Anthony.
3. Dr. Arvad Vass reported in his preliminary and final reports that there were unusually high levels of chloroform found on the carpet samples taken from the Pontiac Sunfire.
4. Dr. Vass additionally states that the levels of chloroform are much higher than normally found in decompositional events.
5. This information prompted investigators to search the Anthony family computer for searches of chloroform, which yielded positive results for “chloroform” and “how to make chloroform.” The hysteria begins.

Before I delve too deeply into the motion, remember the defense cited the above as FACTS, not assumptions or speculations made by Oak Ridge National Laboratory. Where it completely strayed from the truth is the final statement of fact, “The hysteria begins.” From there, it turned into a giant smoke screen. The defense went into, well, a defense mode, which is what is expected.

FACTS PART II: UNCOVERING THE FRAUD

In FACTS PART II: UNCOVERING THE FRAUD, law enforcement was accused of intentionally leaking information to the local and national media prior to “any official reports through the natural course of discovery.” I will acknowledge learning of the death smell from the news sometime in August of 2008, so there may be some merit to this particular aspect of the complaint. However, this information would have been released anyway, so it was not, by any means, an attempt to “either satisfy their own vanity or poison any potential jury pool” as the defense stated. Today, it’s two-and-a-half years later, and a fair jury will be seated in May come hell or high water.

What puzzles me at this point of the motion is how the defense contradicts itself. In FACTS PART II, they wrote that they traveled to Tennessee and took depositions from Dr. Arpad Vass and Dr. Marcus Wise. Both testified that the tests on the carpet sample were “qualitative” and not “quantitative.” One way to simplify this is to say it’s the motion in the ocean, not the size of the ship; but at the same time, no one is going to sail around the world in a canoe. That’s not to say flat out that the SS Casey is sinking, but it’s definitely listing. The smokesreen in this example comes from the statements that, “It should be noted that the Oak Ridge National Laboratory also took carpet samples from two Pontiac Sunfires… [and] one of the sample cars they tested ALSO had chloroform in the sample,” and “Dr. Vass, who is the author of the ORNL report is NOT a forensic chemist.” In my opinion, one not need be a forensic chemist to analyze chemical breakdowns. Dr. Vass could readily make analytical conclusions from tests of all kinds, and my guess would be that plenty of them have nothing to do with crime. Industrial spies, for example, have been tackling the secret recipe of KFC chicken and McDonald’s Special Sauce for years and years. That’s not forensics, but it takes real life chemists to break into the “Da Vinci Codes” of restaurant chain trade secrets. Who knows, maybe Dr. Vass could find out what’s really in Taco Bell’s beef. Now, that’s something that matters. Of course, it’s a civil matter, not criminal.

In the motion, the defense noted that the FBI Chemistry Unit in Quantico, Virginia, had tested four samples of the carpet and two of the four were “consistent with chloroform.” Dr. Michael Richenbach, Ph.D, told the defense during his deposition that “consistent with” means that the presumptive test results were positive, but the conclusive tests were not. Aside from all of the scientific mumbo jumbo, of which I will spare you the boredom, the point being made by the defense is, in a nutshell, that the results from ORNL and the FBI were different. Therefore, the results should be tossed out. In my opinion, the most consistent point to be made about this case to date has been the consistency of the two presiding judges, and ultimately, Judge Perry will leave it up to both sides to argue and let the jury take it from there. Laws around the country not only protect cross examinations, they encourage them, and this case is no different. The defense will have ample opportunity to shred the state’s evidence to pieces.

Here’s another interesting smokescreen, but I do not think the State, nor the judge, will fall for it. The motion makes it clear that “the other items tested by the FBI for chloroform (baby doll, steering wheel cover, and child car seat) all yielded negative results.” True, but the cab of Casey’s vehicle was separated from the trunk by a back seat. How much seepage should there have been? Police officers have been trained for years to detect the odor of marijuana in a car, and I’m talking about fresh, not smoked. It does have a pungent odor unlike anything else. While standing by the driver’s door, window down, would the officer smell it if it was tucked away in the trunk? No, probably not, but the nervousness of the occupants would be a sure sign that something’s not right. How much chloroform would it take to be overwhelming? I mean, it’s not even close to the smell of decomposition. Talk about pungent odors.

COMPUTER SEARCHES

Law enforcement ascertained that someone inside of the Anthony home searched for chloroform and chloroform recipes three months prior to Caylee’s disappearance. This is why it’s so important for the defense to crush this evidence, along with the air and carpet samples. This is highly incriminating. The defense wrote:

• Any forensic computer examiner including the ones in this case (Sandra Cawn and Kevin Stenger) will testify that you can never determine who ran what searches on a computer, especially when the computer is NOT password protected.

Okay, in and of itself, that may be true, but more about that in a couple of seconds. Incidentally, Cawn and Stenger work for OCSO and I think they know a thing or two about  computer forensics.

• The computer in question was in a “guest bedroom” and all family members not only had access to the computer, but also testified that they used the computer as well as guests who visited their home.
• Law enforcement cannot ascertain whether Miss Anthony was even home at the time the searches [were] run much less on the computer.

Now, had Judge Perry been born in the 19th century, the defense might be able to pull the wool over his eyes, but he wasn’t; nor was he born yesterday. Yes, of course the computer could have been accessed by anyone, but it is inside the Anthony home, and it’s a desktop, not a portable laptop, which could be moved around the house. By utilizing something simple, like a process of elimination, investigators can sift through a myriad of things, including time sheets. March 21, 2008, was a Friday - a work day. What time of day did the searches occur? I’ll bet you OCSO knows. If Cindy, George and Lee were not inside the house, it incriminates Casey, and with no other source, like a friend who has yet to come forward, her ship is really listing.

Here’s something the defense wrote that struck me as peculiar:

• The Oak Ridge National Laboratories (Some reports erroneously called them “body farm” perhaps for more shock appeal) reported unusually high amounts of chloroform in the trunk of Casey Anthony’s car.

What I would like to do is take to task the remark about erroneously calling ORNL a Body Farm for more shock appeal. In my opinion, the defense is trying to directly infer that the term Body Farm was something new and never used before. I assure you, that is not the truth. I can tell you I heard about the Body Farm long before I heard about the Anthony case and, as a matter of fact, thanks to my Gainesville friend, nika1, I am in the possession of a book titled, BEYOND THE BODY FARM, written by Dr. Bill Bass and Jon Jefferson. So what, you say? Yes, so what. The book was published in 2007, a year before Casey’s defense knew who she was. Jefferson & Bass (as Jefferson Bass) have written four novels about the Body Farm. The first one, Carved in Bone, was released in January 2006. In 2003, Bass & Jefferson released their first scientific book about it, Death’s Acre. To go further back in time, crime writer Patricia Cornwell published The Body Farm in 1994. She drew her inspiration from Dr. Bass and his work. As a matter of fact, he is recognized as the father of the Body Farm, long before Jose Baez was practicing law.

Why did I title this post From the Frye pan into the Fyre, you ask? Even the prosecution misspells…

MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE (CHLOROFORM)

In the second part of this article about chloroform evidence admission, I will delve into the scientific and legal aspects:

PART II - The FYRE

This information prompted investigators to search the Anthony family computer [duh?] for searches of chloroform, which yielded positive results for “chloroform” and “how to make chloroform.” The hysteria begins.

The Teflon Judge

During the closing remarks of the final presidential debate between then candidate Ronald Reagan and President Jimmy Carter, the GOP hopeful asked the nation a simple question, “Are you better off now than you were four years ago?” As simple as it was, the query was powerful and poignant enough to resonate deeply within the minds of the American people, who went on to elect Reagan as our 40th president. The rest, they say, is history.

Today, just over 30 years later, I’d like to ask Casey Anthony’s defense team, particularly Jose Baez and Cheney Mason, a very similar question. Are you better off now than you were one year ago? Actually, by the time Casey goes to trial, by that I mean sitting in the courtroom facing a jury, precisely 2 years and 11 months will have passed since Caylee was last seen alive. For the first month, Casey was living la bella vita, although it was probably more la vida loco, until she was stopped dead in her tracks by her own flesh and blood; her mother. From there, it quickly plummeted from a lofty peak to the depth of the deepest ocean. I’m only interested in the past year, though. A lot of serious changes have taken place. One year ago today, Judge Stan Strickland sat firmly on the bench. Did the defense do the right thing by filing the motion for his recusal?

On January 25 of last year, Casey pleaded guilty to 13 third-degree felony fraud charges. She threw herself at the mercy of the court and came out a convicted felon, but ultimately, she was given no more time behind bars. Judge Strickland sentenced her to time served. In my opinion, that showed how fair, just and lenient - yes, lenient - he was. He could have slapped her silly, and the defense might have taken that punishment as a good sign; what to look forward to from this judge down the road. Instead, they threw caution to the wind. As a matter of fact, two days later, I wrote on my The Wisdom of Solomon post:

Judge Strickland gave the defense an opportunity to challenge the charges. We can discuss the lack of brevity or the levity of the arguments, but let’s cut to the chase – it came down to the judge. First, it should be noted that Casey had no prior convictions and she did make full restitution and Baez did bring up “equal justice” for his client. He asked for one year of probation and credit for time served, rather than the five years of incarceration the State sought. In the end, His Honor sentenced the 23-year-old Casey to (jail) time served – 412 days – plus $5,517.75 in investigative costs and $348 for court. The amount may be discussed and negotiated at a later motion hearing because the defense found the investigative charge too high and not justifiable. He also adjudicated Casey guilty on six of the fraud counts and withheld adjudication on seven, plus he tacked on a year of supervised probation, which could be problematic and complex later on, given that she still faces a huge mountain of charges ahead.

I finished the article with:

This was a sign of things to come, and what I saw was a very compassionate man behind the bench.

In his ruling, the judge wrote:

“I’ve done what I thought is fair based on what I know.”

One year ago, on February 12, I wrote on Why Casey Pleaded Guilty to Fraud:

Personally, I think the defense risked it all and I think it was the right call. Aside from any appeals, which she would lose had she gone a different route, she took her chances with a well-respected judge; one with a very fair track record. The Honorable Stan Strickland is not a hanging judge and odds were, he was going to mete out some fair medicine, certainly after she swallowed all 13 bitter pills.

What went wrong after that? Clearly, everyone knew that Judge Strickland was fair. Some argued too fair. Meanwhile, the defense filed motion after motion and in most cases, the judge denied them, but he based his decisions on case law, something somewhat alien to the defense as we have seen time after time.

It’s a fact no one can deny; that Judge Strickland heard the most motions this defense has filed to date. In the more than 20 months he held court, he judged wisely, and it is because of his focus and direction that this trial has stayed the course. Last January 25, the State submitted its NOTICE OF FILING that included a PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. On March 5, the judge responded with his AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. I strongly recommend that you read Judge Strickland’s order. There, you will see all of the deadlines and a trial date of May 9, 2011. The State originally wanted May 2, but the judge accommodated Andrea Lyon, whose daughter was to graduate college that week. It is of importance to note that Judge Perry is following the schedule set by his predecessor. As a matter of fact, he has allowed deadlines to come and go, and in some instances, has reset them, primarily for the defense. In any event, this trial has been on schedule since the date was first set by Judge Strickland and it’s important to remember that. Today, Andrea Lyon is long gone and Judge Perry could have readily reset the date back to May 2. He didn’t.

Judge Strickland scheduled an indigency hearing for March 18, 2010. It was at that hearing that J. Cheney Mason made his debut. I remember it well because it was almost comical as he made his grand entrance outside the courtroom doors. While awaiting to enter, we all stood there. As he approached with Baez and Lyon, one journalist asked him if he was joining the defense team, to which he responded, “I will be in about five minutes or so once the judge arrives.” The comical part was that I had never seen so many thumbs tap away on cell phones. Tap, tap, tap. Text, text, text. It was the big news of the day up to that point. Of course, we remember the discourse between the judge and Mason:

If you watch the video, you’ll see I said to “Stay Tuned for Round 2!” Of course, the second round was a knockout blow to the judge, but did the defense really win anything? Well, yes. Sort of. The judge did grant Ms. Anthony indigent status, but everything went downhill from there. After a series of motions¹ denied by the judge, this defense showed how disgruntled it was with Strickland by filing the ridiculous motion on April 16 for him to step down. The DEFENDANT, CASEY MARIE ANTHONY’S AMENDED MOTION TO DISQUALIFY TRIAL JUDGE (amended version refiled Monday to correct expired notary) was filed at 4:48 pm on a Friday afternoon and it left the judge and myself incredibly shocked in what turned out to be a very bad, and I mean a VERY BAD, weekend to agonize. Of course, the people who matter in this (what I would call) legal fissure were quick to assure me it wasn’t my fault; that it was purely a defense strategy. In any case, the point of this article is not to argue the merits of the defense strategy as it relates to me, it’s all about whether or not this was a move in the right direction for the defendant. I must say that to a person, I was told, “Be careful what you wish for” in reference to the defense, and those words came from professionals in every field that had an element of interest in the case - journalists and attorneys, civil and criminal. It was a bad move.

What came down was simple and I’ve mentioned it before - Cheney Mason decided to throw his weight around the courthouse. By that, I mean he thought he had some big brass chips to trade in to get the judge of his choice; one who would be more inclined to remove the death penalty and be more amenable to his motions. I also know that the entire courthouse was stunned when the defense filed the motion to recuse. Strickland was (and remains to this day) one of the most respected judges on the circuit court. As a matter of fact, he’s highly regarded throughout the state. What Mason did was blow a circuit breaker. In the end, and there are things I’d love to discuss but won’t until the trial is over, Chief Judge Belvin Perry, Jr. had no choice but to take on the case. No other judge wanted it and his docket was not as thick. It’s called a backfire.

Today, after the defense changed horses in midstream, is their defendant better off? Let’s see… many of Judge Strickland’s orders were left with the door ajar. In other words, they were ordered without prejudice, which means they could change some of the language and refile the same motions, which is exactly what they did after Perry took over². Did the judge overturn any of Strickland’s decisions? Not a one. Nothing. Zip. Zil. Nada. Do I feel subsequent motions ruled by Perry would have the same outcome today had the defense stayed the course? Yes, absolutely. Strickland did not become a reputable circuit court judge by making many mistakes. As I’ve also stated many times, the defense went from Strickland to stricter.

COMES NOW, the recent defense motions denied by the presiding judge:

• The motion to exclude testimony that Casey had a history of lying and stealing. The judge wrote the State successfully argued that getting caught lying and stealing by her relatives may have provided a motive to rid herself of the financial and social burden of raising a young child. Also, the lies are inextricably intertwined with the evidence of the defendant’s activities between June 16, 2008 to July 15, 2008. “Evidence of a defendant’s collateral acts is not admissible to show bad character or a propensity to commit the crime charged,” wrote the judge in his ruling. “However, the state may be able to introduce evidence of collateral acts – such as lying or stealing – which are inextricably intertwined with the crime charged if necessary to adequately describe the deed, provide an intelligent account of the crime charged, establish the entire context out of which the charged crime arose or adequately describe the events leading up to the charged crime.”
• The motion to prohibit the use of references attributed to her Myspace Diary of Days. The defense argued that her posts weren’t relevant and that they were unfair to use at trial. The State countered by saying the posts were inconsistent with a mother actively looking for her kidnapped daughter. The judge wrote, “It is relevant to show the defendant’s state of mind during the time when Caylee Marie Anthony was missing and ultimately, when it was determined that she had died. The weight of this evidence is a matter for the jury.”
• The motion to exclude testimony from the neighbor, Brian Burner, who Casey borrowed a shovel from him. The judge decided, “There is nothing inherently prejudicial about borrowing a shovel, nor is a shovel ‘gruesome’ evidence that would tend to inflame the passions of the jury.”
• The motion to disallow jurors from learning about the La Bella Vita tattoo Casey got on July 2, 2008, roughly 2 weeks after Caylee’s disappearance. The judge wrote, “There is nothing inherently prejudicial about tattoos, which are increasingly prevalent among the population, nor is this particular tattoo likely to inflame the passions of the jury. Thus, the potentially prejudicial effect of this evidence does not outweigh its potentially probative value. It is relevant to show the defendant’s state of mind during the time when Caylee Marie Anthony was missing and ultimately, when it was determined that she had died.”

I don’t think I need to mention the impatience of Judge Perry with this defense. We have all seen it live, up close and personal. Come hell or high water, there will be no delays. More motions will be filed. The court must address some outstanding ones, too, like the one to exclude any references of the decomposition odor coming from Casey’s car. The motion also makes note of statements made by an Oak Ridge National Laboratory official who described chloroform levels recovered from a piece of  carpet removed from the trunk liner.  There’s also the matter of the stain in the trunk and whether it was organic in nature. The FBI could not make a determination, but Oak Ridge wrote that it showed the presence of “volatile fatty acids consistent with the byproducts of decomposition.” Once again, I’m afraid the judge will rightly allow the jury to hear arguments from both sides.

As I’ve said a hundred times, a good defense will throw everything in its arsenal at the wall in hopes that something sticks. I must say I can’t blame them, but in a sense, Baez & Company remind me of the Democratic party under Ronald Reagan’s reign, at least during his first term. He was given the nickname the Teflon President by the media because nothing seemed to stick. In his administration, it dealt with scandals, but in Judge Perry’s court, it’s all about defense motions. No matter what they file, there isn’t much that sticks. If I were Casey, I’d be nervous right now. Her defense seems to be moving from the frying pan into the fire, and that’s no recipe for success.

Well worth losing sleep over

FRIDAY

Last Friday evening, it rained. Of course, living in Florida, it can storm at a moment’s notice, bringing with it the wrath of rumbling thunder and lightning. Anyone who reads my blog understands that I take an Internet time out from 7:00 pm to 7:30 pm Monday through Friday to watch Jeopardy. Last Friday was no different until, suddenly, in the middle of the Double Jeopardy round and without warning, an intensely brilliant white light burst through the living room window, accompanied by an immediate explosion of sound, louder than anything I’d heard before. CRACK! In that split second, it was gone, and so was our electricity. Within minutes, power returned, but no cable. After the box rebooted, the living room TV cranked back up, but my show was over. Darn, I missed Final Jeopardy.

As sudden as the surge was, I quickly jumped to my feet to peer out the front window because I smelled electricity in the air. Sure enough, a wire was down in the front yard and it was hissing and spitting and reeling like a lithe snake in the dead of night, emitting an eerie orange glow that pierced the night air and glistened on the drops of rain that continued to fall. I walked to the phone to call 911, but there was no dial tone. We had switched to all cable only months earlier, so the phone and Internet were out-of-order. How funny, I thought, because the living room TV was working fine. I took out my cell phone and called to report the incident. Then, I called the cable company and the tech said the modem box that controls the phone and Internet was sending him no signal. Modem fried. The soonest anyone could come would be next Tuesday. To someone with a blog, that’s like… forever! Oh well, back to the matter at hand. I knew I would have the Internet the next day - for a few hours, at least.

Within minutes, the fire company arrived. There was no way I was going to set foot out there and risk a deathly jolt from the wet ground that lay ahead. As the fire/emergency crew assessed the situation, the power went off and off it stayed. The hissing line was dead in the water. Situation under control.

One of the things we know from living in the lightning capital of the world is to be ready, so a battery operated camping light alloted enough brightness for us to move around inside the house. Without power, the air conditioning wasn’t working, either, and it didn’t take long to warm up. After about 45 minutes, I decided to take a walk outside and scope the place out. I walked over to the power company truck and asked the driver when he expected it to come back on. Of course, he could only guess. He was awaiting another truck bringing someone to do the work. His job was to take a look and report. That’s after 27 years with the utility, he said. No more fixing lines. The younger ones do that now. One neighborhood child came by and asked the same question, but by that time we had already moved on to other topics. There was nothing any of us could do but wait. The driver and I talked for about an hour, until it was time for me to take my nightly insulin shot. He told me about some of his experiences with the company and how cutbacks have really streamlined things, but hadn’t made things better. It was more work, in other words, but with that came more hours and more pay. Not so bad, then. Not bad at all for a man in his fifties. I told him I write about the Anthony case. Interestingly, he was quite fascinated by it and he began asking questions like if she did it. He said his best friend’s son went to high school with her.

Someone drove by and stopped to ask what happened. He said he was heading up to the bar on the corner, G’s Lounge. The utility guy said, good luck, the power’s out there, too. He said that under normal conditions, it takes three surges to the substation to shut power off. In this particular case, after the third time, power remained on and he had to manually turn it off. I guess it fused something together. This took out a good part of the neighborhood. I asked him how many volts were in that downed wire.

“7200,” he responded.

Wow, that’s a lot of juice. We turned back to the Anthony case. I said that had I been many years younger and met her in a bar, I’d find her quite attractive, which is what your friend’s son must have thought. Of course, this would mean PRIOR to any murder. He agreed, but then he told me he asked the son if he had ever hit on her. Did he ever do anything with her? No, the son said. “She was passed around too much in high school. Everyone had her.”

That was an interesting observation and one that I wouldn’t ordinarily expect, but there are many surprises when it comes to this case. Of course, in a court of law, that would be hearsay and therefore, inadmissible, so take it the way you want, but it was a statement just the same.  Had it not been for the strike that burned a hole in the ground, I wouldn’t have known.

After a good conversation about other things, it was time to go inside. I wished him well and said good night. I went into the house and tried to sleep, but only lightly dozed until, just after midnight, the power returned and the cool, dry blast of the air conditioner fanned across my hot skin. Relief! Good, because I had a football game to go to and I wanted to be as refreshed as possible. Despite the lack of sleep, I woke up feeling fine. There was a big day ahead!

SATURDAY

Weeks earlier, I had published a 2-part series that began with Gainesville serial killer Danny Rolling, When karma strikes twice, and finished with John Huggins, Slowly, the wiles of justice churn. In the Huggins case, Jeff Ashton was one of the prosecutors and Chief Judge Belvin Perry presided. Of course, people like to comment and that’s where a lot of thought goes on. It brings my blog to life! During those ensuing comments, a dear reader and contributor, Nika1, offered to take me to a football game, the one against Kentucky, to be precise, and I took her up on that offer. She lives in Gainesville and told me about the wall in memory of those slain by Rolling in 1990.

In back-and-forth e-mails to-and-from my now defunct account, we set the trip up and finished it with a phone call. I didn’t want to drive my car that distance. She suggested taking the Red Coach. The Red Coach? I had never heard of it, but I took a good look. How could I not? It’s first-class all the way, with wide leather seats that fold down almost into a bed. There’s a movie, and wi-fi, to boot. The best part? It’s only $15 each way. Heck, it would probably cost me $20 in gas anyway. All I had to do was drive down to the airport and park. For free.

While waiting to board, riders were dropped off from Miami. I spoke to one gentleman from Ocala who knows the Brantley family, football players all. John Brantley IV is the Gator quarterback. It was nice to learn a little more background before the game.

Off we went! I brought my computer along to catch up on e-mails and comments, but alas, the wi-fi was not working. I tried to sleep a little, but Nancy Drew was blaring from the speaker above me. Our movie du jour.

When the bus arrived in Gainesville, Nika1 was waiting. I knew, as soon as I saw her, that she was my blogging friend and not there for anyone else. I got out and we lightly embraced. Aaaah, such a warm and friendly greeting! We walked over to her vehicle and stowed my belongings. I must tell you that sitting on the front passenger seat were a Gator t-shirt and hat, both brand new. Without hesitation, I took my shirt off in the parking lot to the delight of no one, but I was in Gator country, by golly, and I’m a Gator.

Off we went!

People were everywhere, all dressed in orange and blue, the university’s colors. Young, old, and everything in between, wore nothing else. We parked and took a walk to one of the book stores. The aromas of tailgating barbecues wafted in the air. The book store was a sort of mall with two food courts. We were hungry and it was time to eat. The bus left at 12:30 and arrived just before 3:00. The game wasn’t set to begin until 7:00, so there was plenty of time to kill. I’ll tell you, by the time the day was over, we must have walked 10 miles, but it did me a lot of good. As we milled around the campus, which is vast, she pointed out things of importance.

Tim Tebow is one classy act. That’s all I need to say about him. He’s above the rest, but he’d never admit it. Inside this building sits the NCAA Championship trophy. I saw it through a window. Game day, it’s locked up tight. Too many people.

There were plenty of sites to see and Nika1 was thrilled to show me everything. I had been to a number of games in the past, but not for years, and it was only to go up, see the game, and return home. This was a much more personal look, and I was eager to see as much as I could.

Soon, it would be time for the Gator Walk, where the football players, coaches and trainers walk down the street and into the massive stadium. It’s almost like a parade.

Cheerleaders chanted, to the excitement of the awaiting crowd…

One more…

Oh, heck… just one more…

It was at this time I turned to Nika1 and told her I will now admit I’m getting old. You see, each one of those girls looked, to me, to be no more than high school age. I couldn’t look at them as anything more than children. Time to move on…

The Gator Walk was about to begin!

We stood alongside a Gainesville police officer. He was one of the friendliest guys you’d ever want to meet. He said the motorcycle cop seen here, front and left, was hit by a car last year at a game and broke his left arm. I remember reading about it in the Sentinel or online. Nika1 had told me about how security was so beefed up for the game two weeks earlier against USF. The crazy preacher was going to burn Qurans and the stadium was an easy terrorist target. Fortunately, the threat abated and nothing happened, but 400 extra FBI and other federal/state officers were on hand. Good thing, too, because she said it was so brutally hot, people were dropping like flies. The extra security came to the rescue. She asked our friendly officer how he survived the heat. He said he prepares himself the night before by drinking lots of pickle juice. Pickle juice?!Yes, he learned it years ago as a boy growing up on a Gainesville area farm. Fascinating!

Along came the entourage…

Here they come! Nika1 told me head coach Urban Meyer makes his players wear a clean shirt and tie to the game. It instills discipline and shows respect.

If you look to your right in the above picture, you’ll spot Urban, also sporting a tie.

We still had over an hour to go before the doors opened, but we made the best of our time. There was plenty to do, believe me. A lot of vendors are set up all around the stadium. One is the insurance company, Nationwide, handing out small towels to dip in a trough filled with ice and water. You dab your hot face and neck to help stay cool. Fortunately, this was a night game and it wasn’t as hot as a day game.

Finally, we were let in. When I arrived at the bus station and we drove away, I noticed her drawl, but wasn’t completely sure where she was from. Why, right here in Gainesville, born and raised. Aha! At the game, she said she has been a season ticket holder for 36 years. That’s a dedicated Gator! She knew the people who sat around us, obviously, and before the game began, her niece and nephew arrived with their young daughter. They were just as welcoming.

Here’s the view from where we sat. Trust me, there’s no such thing as a bad seat and these were just perfect.

The game was going to begin soon and I came to watch. There’s a lot of history in The Swamp.

I took no pictures of the game. I wanted to see everything with my eyes, not through a camera lens.

It was a thrilling game. The Gators scored first and went on to win 48-14. The announced crowd was over 90,000 people. I had a wonderful and memorable trip, but there was one sad note. When the third quarter ends, it’s tradition to stand and sing together, We are the Boys from Old Florida. It’s sort of like the seventh-inning stretch, only college football. Then, the final quarter began. Within a minute after the song ended and play began, someone collapsed about 4 or 5 rows above and to the left of us. All I could see was someone frantically performing CPR on a person laid out on the bench. I never did see the gentleman. Police officers situated in close proximity jumped into action. Within minutes, a uniformed paramedic arrived and he was taken out. Everyone kept turning to look at the game and what was going on with him. When one officer passed by me, I asked how things had gone. Not so well, he answered. I asked him how old the guy was. He said very old. The officer was probably in his late 30s. When it was quite obvious the Gators had a lock on the game, Nika1 said we should probably leave before the crowd. I agreed, but on the way out, I stopped and asked another officer. I was concerned about the poor man. This officer was about my age. How old was the guy, I asked him. Oh, in his late 50s, early 60s. I guess age is relative depending on who you ask. He said it didn’t look good. The man was not breathing and his heart had stopped.

I want to take a moment to remember Jerry Lee McGriff, of Starke. A true-blue Gator fan, he died watching his beloved team. My sympathies go out to his family and friends. You can read more here.

SOUTHERN HOSPITALITY

When Nika1 and I were enjoying our pre-game lunch together - a lunch, I might add, she refused to let me buy - I mentioned that she must be a very trusting soul. Here I was, a virtual stranger, and she was ready and ever so willing to open her arms in friendship. She even offered me a place to sleep for a few hours until the bus returned at 3:30 am to take me home. She admitted that she is a very trusting person and always has been, but she also said she pretty much knew what sort of character I was from my writing. That’s a nice thing to know, that people trust me. I am harmless, after all, but it goes deeper than that. While Gainesville is a University city with a college, small-town feel, Nika1 exuded friendship and I was welcomed from the moment I stepped off that bus until I left to return to Orlando.

She lives in a very rural town south of Gainesville, and not far from Cross Creek, home of Marjorie Kinnan Rawlings. No? The name doesn’t ring a bell? Yes, it does. She was an author who won a Pulitzer for writing a book, The Yearling. Perhaps, you’ve heard of it.

There’s something inherently romantic about the deep south. That’s why my best friend Stewart and I like to take road trips. Over the many years of living in Florida, I’ve grown to love and admire the pockets of land still left that are truly remnants of Old Florida. Where Nika1 lives is just such a place. It’s something you can’t really explain. Although her house was built in the late 1800s, it’s more of a feeling and you know it when you’re there. It is a step back into a time when post cards and billboards didn’t exist. No roadside attractions. Citrus groves and cattle ranches abounded and you kicked your feet up on the front porch of your homestead at the end of a long day. Along with that is the southern hospitality we’ve all heard about. Nika1 is the embodiment of that, pure and simple. Not only did I have a bed to put my weary feet and head on, she had two books for me to take home, BEYOND THE BODY FARM and DEATH’S ACRE, both written by Dr. Bill Bass and Jon Jefferson. Tucked into one of those books were two tickets to the Gator’s homecoming game against Mississippi State, a game she can’t attend.

When I awoke after a couple of hours sleep, freshly brewed coffee awaited me, along with two breakfast sausage crescents, a banana, an orange juice and a bottle of water for the ride back.

While sitting at the bus stop in the dead of morning, we talked once more about the Rolling murders. She has a real sense of history. She said that the poor girl whose head was separated and posed on a bookshelf was an intern with the Gainesville police department. It was so sickening, seven officers left their jobs after they saw her. You may find it to be an odd thing to discuss, but at just after 3:00 am sitting in a parking lot, you keep your doors locked. So does the whole town because of people like him.

Yup, life is a lot simpler in the land where Nika1 lives. It’s too bad, but even there, she’s got to lock her doors at night.

I rolled into town about a quarter to six. I had practically missed a whole night of sleep, but it was well, well worth it. What better way to lose sleep than over a Gator game spent with a lovely person, surrounded by a cast of thousands? Nika1? I may have just met you, but I feel like we’ve known each other for years.

Tonight, the Gators face #1 ranked Alabama. Good thing it’s a home game, but still, this one scares me. Thank you, Nika1, for everything. Something tells me I know exactly where you are right now, and your TV is already warmed up and ready to go.

Where did Kyron go?



Kyron Horman has been missing over two weeks now. His stepmother said she last saw him walking to his classroom at 8:45 AM on June 4 after looking at exhibits at Skyline Elementary School's science fair, where he is a student.

This became a criminal investigation on June 14. Authorities have put out flyers in hopes of generating positive leads.

Three Page Flyer

As of now, the focus of the investigation seems to have shifted to his stepmother, Terri Moulton Horman, after her story about what she did on the day of his disappearance didn't match her cell phone records, which placed her at or near Sauvie Island, north of the school. Because of this discrepancy, authorities have been combing bodies of water around the area where he was reported missing.

Remember that Kyron's stepmother has not been named a suspect or a person of interest, so she's not implicated in his disappearance.

The following image is a map from Kyron's house to the school, and from the school to Sauvie Island.

The next image will give you a better idea of the Sauvie Island location.

Sauvie Island

See: FBI

See: FBI

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