More on the Josh Powell Fiasco

This is really a response to BMan’s comment on my last post, and I felt it was worthy of a new post. He put a lot of thought into it and I put a lot of thought into my response.

When we go to Nostradamus’s quatrains, they can be interpreted in any number of ways to suit the person or group that’s trying to prove a link between him and the event. For instance, Hister became Hitler, but in actuality, Hister is the Latin word for Danube. Sure, that’s in Germany, but no reputable source lists any support for the claim that it was a prediction of war brought on by Hitler’s Nazis, nor was it a war forged against him by the Allies. That’s but one example and we all know they are legion, meaning lots and lots of interpretations to fit the mood du jour.

In “The Man Who Shot Liberty Valance”, the dialogue between the newspaper editor and the hero, Senator Rance Stoddard, played by Jimmy Stewart, was pretty much the way it was when bad guys roamed the west. By that, I mean John Ford, who directed many westerns from 1939-1965, pretty much wrote the script for what we now perceive was the true old west. In real life, it wasn’t. To be blunt, almost every town had prostitutes, but not Shinbone, for example. Anyway, what the editor said as his interview with Stoddard ended was, “When the legend becomes fact, print the legend.”

It came near the end of the movie after Stoddard explained what really happened to villain Liberty Valance, played by Lee Marvin. Stoddard said that he wasn’t the town’s hero, it was Tom Doniphon, played by the iconic John Wayne. Doniphon shot the bad guy.

That’s how legends are borne, and the name Nostradamus is legendary.

If we pay heed to the Mayan calendar the way some read Nostradamus, then yes, the world will end this year, but that’s not at all what the calendar infers. The Mayans created a long count calendar to document past and future events. They also had a 52 year calendar, but the long count calendar spans 5,126 years, beginning in the year 3114 B.C and ending on Dec.21, 2012 if, and only if, it’s based on our Gregorian calendar. Dec. 21 is also the beginning of the winter solstice for the Northern Hemisphere, so if you live in Australia, you won’t die that day.

Here’s where the interpreters got it all wrong, and that’s why the ‘end of days’ predictions are way off kilter. As I said in the prevoius post, there are no such things as predictions, although educated guesses may work based on factual information that supports the propositions. In other words, A conditions B; if this, then that could happen – only there’s nothing to base the prediction on because it would mean the earth was formed in 3114 B.C. And it will end 5,126 years later, in 2012. But guess what? The earth is a lot older than 5,126 years and, therefore, the 2012 date is rendered meaningless. There’s nothing to base the hypothesis on. It does not compute.

As for Josh, yes, it could have been established that he was a risk, but first we have to address the issue of what separates a “person of interest” and a “suspect.” During the Bush administration, it came about, in a round-about, straightforward sort of way, if that makes sense, as a means to classify terrorists. It soon trickled down to law enforcement. The main difference between POI and suspect comes in the form of constitutional protection. If someone’s name is plastered all over the news as the suspect and it turns out law enforcement goofed, all sorts of lawsuits can be filed. Look at the case of Richard Jewell, the first named (and only) suspect in the Centennial Olympic Park bombing during the summer of 1996. He was completely exonerated, but by then, the mess had turned into a huge fiasco. He filed a series of suits against media outlets that libeled him, including NBC, Tom Brokaw in particular. He settled that suit for $500,000, but bear in mind, Jewell was sued by some of the injured while a suspect and it complicated things further. His exoneration came later that same year by a US Attorney; unprecedented at the time.

What we’ve learned is that you’d better be sure before you name someone a suspect because it could open the floodgates to potential legal problems.

Okay, fine, but what about Josh Powell? Certainly he was a suspect from Day 1, right? Yes and no. No, meaning there wasn’t any evidence. Nothing. Nil. Nada. Just that his wife didn’t come home and he took his very young sons out camping in sub-freezing weather. Very suspicious. Utilizing the “person of interest” euphemism instead of the direct finger pointing nomenclature of “suspect” for Josh meant there hadn’t been enough evidence to do much of anything, and it most likely meant that the Utah police department investigating the case had little to share with their Washington counterparts. It also meant they had nothing to keep him from leaving the state with his sons.

Unfortunately, if someone is named a POI, their life will change, but at the same time, if someone is named a suspect, it could ruin an innocent person’s life for years to come. There’s always that stigma. If you look at Dale Smith II, in the missing Michelle Parker case, if it turns out he is not responsible for Michelle’s disappearance, he could possibly file lawsuits. However, that does not mean he’ll win, but the odds are much better than if he were just named a person of interest.

Do I think the Washington police were keeping their eyes focused on Powell? Of course they were, but their hands were tied by law. It was the court’s responsibility, but it could only be based on what was presented to the judge in the first place.

I can tell you some interesting stories about legal custody cases and how the state is extremely particular about how they handle each one. Surely, the case worker knew about Josh’s problem in Utah, but she couldn’t really base any court testimony on what he did –- or may have done –- out-of-state. The court would have called her on the carpet for it. It was second-hand information garnered from newspaper clippings, radio, and watching the news. Oh yes, and the Internet. If she contacted Utah authorities, what could they have told her other than he was a person of interest?

So, in the interest of keeping lawsuits in check, her hands were tied. Many police departments will call an almost suspect “a person of interest” for a very good reason, but the results of the psychological evaluation Josh had last October should have sent sirens blaring. If the court felt it was necessary to examine him further by administering a psycho-sexual test, why allow him to see his children at all, especially now that they were aware that anime child porn was found on his computer? In my opinion, he shouldn’t have been allowed to see his sons until he passed that one. Surely, there should have been concern over the polygraph test, too, because he would have been probed about the disappearance of his wife.

Despite the fact that all of the visitations between Josh and his sons were supervised, it wasn’t enough, obviously. The thing the judge could have done would have been to be much more prudent. Yes, it’s nice you moved away from your perverted father, but we found some pretty sick stuff on your computer, so until the results of your psycho-sexual test are in my hands, you will meet your children on neutral ground or not at all.

Ultimately, no one else but Josh Powell was to blame. He plotted this course and if it meant blowing up a McDonald’s PlayPlace, he would have done that, too. Judges sometimes base their decisions on how the person handles themselves in the courtroom, or they take it into consideration. Powell was really good at lying and crying. He was a real wolf in sheep’s clothing, alright, but wolves don’t usually eat their young. Who knew he would be capable of doing such a horrible thing?

I’m sure his psyche will be studied for a long time by many professionals, but will it stop other people like Josh from doing the same thing if there’s nothing to “suspect” because they are merely “a person of interest” in another state? I just don’t know.

Bustamante Gets Life

Photo courtesy of Columbia Missourian

Elizabeth Bustamante danced around a trial by pleading guilty to second-degree murder in the death of 9-year-old Elizabeth Olten in October 2009. For sure, no trial saved the state of Missouri a lot of money. She had been charged with first-degree murder but the January plea deal did more than just that. It avoided the possibility of life in prison with no chance of parole.

On Monday and Tuesday of this week, the prosecution and defense argued over her sentence. Tonight, Cole County Circuit Judge Pat Joyce rendered her decision. Just prior to sentencing, Bustamante stood, faced the victim’s family and said, “I really am extremely, very sorry for everything. I know words… [long pause]… can never be enough, and they can never adequately describe how horribly I feel for all of this.”

Later, she said, “If I could give my life to get her back I would. I’m sorry.”

How many times have we heard that?

During the sentencing hearing, prosecutors repeated, over and over again, what the disturbed teenager wrote in her journal on October 21, the night of the murder:

I strangled them and slit their throat and stabbed them now they’re dead. I don’t know how to feel atm [at the moment]. It was ahmazing. As soon as you get over the “ohmygawd I can’t do this” feeling, it’s pretty enjoyable. I’m kinda nervous and shaky though right now. Kay, I gotta go to church now … lol.

A short time later, she went to a youth dance at the Mormon church her family belongs to. 

Tonight was no dance. The judge gave her the maximum sentence allowed for a second-degree murder conviction. — life with the possibility of parole and a consecutive 30-year term for armed criminal action, stemming from the knife she used to slit Olten’s throat and stab her body. To make sure she was dead, she strangled her. 

According to the ColumbianMissourian website, under state guidelines, “Bustamante would have to serve 35 years and 5 months in prison before she is eligible for parole,” according to Missouri Department of Corrections spokesman Chris Cline. “It’s possible that the more than two years Bustamante spent in jail while awaiting her sentencing could be counted toward that time.

“After spending several weeks at a diagnostic prison, Bustamante could be placed in either one of Missouri’s two female prisons or sent out of state. Cline said department officials also would evaluate whether Bustamante should be kept separate from other adult female inmates.”

The now 18-year old was 15 when she committed the murder.

See: Emo Screamo Helter Skelter

Emo Screamo Helter Skelter

“Today is my 18th birthday. I’ve sat in jail for over two years now. On October 21, 2009, I fulfilled my deepest desire to watch someone die by my own hands. I wanted to know what it would feel like to kill. It was fun! First, I slit the 9-year-old’s throat. Then, I strangled and stabbed her in the chest. Yes, yes, I watched her die with utter fascination. There’s nothing in the world like it and I found out there’s no higher rush than watching vibrant eyes slowly dim. The gasping and gurgling sounds in her throat were real turn-ons.

“Some people called me an emo. I don’t care; call me what you want, it doesn’t matter. I am a cold-blooded murderer. I was only 15 when I slaughtered Elizabeth Olten. My name is Alyssa Bustamante.”*

Three weeks ago, on January 10, Bustamante stood before Cole County Circuit Court Judge Patricia Joyce in a Jefferson City, Missouri courtroom and pleaded guilty to second-degree murder and armed criminal action. She was originally charged with first-degree murder. Her trial was set to start on Monday, January 30.

Judge Joyce asked her if she understood she was giving up her right to a trial. She said yes. Staring straight into the judge’s eyes, she admitted everything, “I strangled her and stabbed her in the chest.”

“Did you cut her throat, too?” the judge inquired.

“Yes,” Bustamante responded.

The reduced murder charge is due to her plea in lieu of a trial, which will save taxpayers a small fortune. On the plus side, the plea does not include any agreement on a reduced sentence. In other words, no deal was made, so she faces 10 years to life in prison for the murder charge, and no less than 3 years for the armed criminal action charge, defined by Missouri law as:

571.015. 1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

What prompted a young girl to commit such a crime? Was it something inherent in her DNA? Was she destined to be a murderer or was she merely conditioned by outside influences; a product of her own culture and upbringing?

No doubt, Alyssa Bustamante could readily be classified as an emo, but what are emos, and where did the term come from? Clearly, I am not a stereotypical stereotyper. I believe that we are mostly responsible for our own actions, with few exceptions. Certainly, if provoked by a serious threat to our well-being, a defensive reaction would be necessary, and that could include killing a perpetrator. In the case of Elizabeth Olten, Bustamante schemed to kill this child. Whether Olten was the intended victim all along, I don’t know, but they lived very close to each other in St. Martins, a small town just west of Jefferson City.

What, exactly, is an emo?

I guess it’s rather difficult to describe exactly what an emo is because no two people are alike. I am a product of the 60s, and there’s no single definition for a hippie. Some were peace-loving draft dodgers. Others were pot smokers. Some dropped acid and some just dropped out of the mainstream thinking of the masses at the time. You know, a counter-culture philosophy of eschewing the establishment. Peace. Right on. Out of sight, man.

I imagine we could look at Charles Manson as a prime example of a message gone awry. The Beatles song “Helter Skelter” had nothing to do with racism in America, serial killings or hatred of all things pig; as in da fuzz. Cops. Dirty coppers. Paul McCartney wrote the tune as a response to The Who’s Pete Townsend, who wrote the single, “I Can See For Miles.” “Helter Skelter” was inspired by a spiralling amusement park ride and it was intended to prove McCartney’s critics wrong for accusing him of only writing ballads.

Unfortunately, Charles Manson interpreted it as a perfect opportunity to wage a war between blacks and whites, in which racism was  more pronounced then. Power to the People and all. By killing wealthy whites, society would blame blacks, as they were called back then, and retaliate. Racist upheaval! What a concept.

What’s strange was that Manson literally had power over his people, called his “Family” members. Sex was rampant. Through drug-induced orgies, he brainwashed his Family into committing horrible crimes; murdering and slashing a quite pregnant actress, Sharon Tate. That’s just for starters, of course, because more people were slaughtered, but my point is merely that some people are more influenced than others. Despite my involvement in the culture at the time, I was more of a follower of John Lennon, who sang about giving peace a chance. That and my religious upbringing.

Emos are in another world, cleaved from the counter-culture of Punk and Indie rock music.  While the term emo can be traced to the mid-80s through music, it didn’t come into its own until after 9/11. According to Andy Greenwald, author of Nothing Feels Good: Punk Rock, Teenagers, and Emo:

“The media business, so desperate for its self-obsessed, post-9/11 predictions of a return to austerity and the death of irony to come true, had found its next big thing. But it was barely a ‘thing,’ because no one had heard of it, and those who had couldn’t define it. Despite the fact that the hedonistic, materialistic hip-hop of Nelly was still dominating the charts, magazine readers in the summer of ‘02 were informed that the nation was deep in an introverted healing process, and the way it was healing was by wearing thick black glasses and vintage striped shirts. Emo, we were told, would heal us all through fashion.”

Today, emos are generally considered to be emotional, sensitive, shy, introverted and/or angst-ridden; angst meaning a feeling of insecurity, anxiety and apprehension. They can be nervous wrecks on the inside. Sometimes, they harm themselves by cutting their arms and wrists, and occasionally, they take it beyond that by deciding suicide is the way out. Bustamante cut herself, but she took a different path by killing someone else.

Hannah Bond was a wrist-cutting emo living in Kent, UK. In September of 2007, she hanged herself in her family home. On the evening she died, she had argued with her mother over spending the night at a friend’s house. Losing the argument, she said, “I feel like killing myself.” An hour later, she did just that.

Both her mother, Heather Bond, and the coroner blamed emo music for her death at the official inquest. It seems that some emo music glamorizes suicide. Apparently, she had been part of an Internet “emo” cult and her Bebo page contained an image of an emo girl with bloody wrists. At the inquest, it was also learned that Hannah discussed, online, the glamorous part of hanging herself after showing her father her cut wrists, a ritual, which was part of her emo initiation. (See: Emo Girl — Hannah Bond)

Heather told the inquest that she had studied the emo phenomenon since Hannah’s untimely death. “There are websites that show pink teddies hanging themselves,” she stated. “She [Hannah] called emo a fashion and I thought it was normal.”

Little did she know.

We may never know why Alyssa Bustamante chose to murder Elizabeth Olten instead of taking her own life, which she attempted to do in 2007. During the sentencing hearing, set for February 6-7, Cole County prosecutor Mark Richardson and public defenders Donald Catlett and Charles Moreland will present evidence for Judge Joyce to consider before rendering a final decision. Will Bustamante speak on her own behalf? Will she blame herself or something else? I don’t know, but until then, here’s something for you to ponder… What does this picture remind you of? Whose name do you associate it with?

Murder is a strange thing. Sometimes, you get away with it. Sometimes, you don’t.

*Not a direct quote